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HomeMy WebLinkAbout6700-6712RESOLUTION NO. 67.;12 ~.;-:(1989 Series) A Resolution of the Council of the City of San Luis Obispo Authorizing the City Administrative Officer to Negotiate a Contract For Services and Equipment to Upgrade the City's Radio Communications Equipment. WHEREAS, the City of San Luis Obispo desires to improve its radio communications network for the benefit of the public and City employees; and WHEREAS, the City has reviewed. all options available for the proper implementation for the improvement of the radio communications system; and WHEREAS, the FY 1987 -89 Capital Improvement Plan includes funding for radio communications equipment for Police, Fire and Public Works; and WHEREAS, an appropriation is required to include radio equipment for the Municipal Transit System; and WHEREAS, any radio equipment purchased must be compatible with existing equipment; and existing radio equipment is almost exclusively manufactured and installed by Motorola Corporation or its representatives. NOW, THEREFORE BE IT RESOLVED that the City Council authorizes the City Administrative Officer to: 1. Transfer $34,000 from the transit fund into this CIP project for the Municipal Transit System radio equipment. 2. Negotiate a contract with Motorola Corporation for the engineering, purchase and installation of the radio repeater and voting system and to award a contract if costs do not exceed $218,000. 6712 Resolution No. 6712 (1r =) Series) On motion of Councilmember Settle , seconded by Councilmember Rappa and on the following role call vote: AYES: Councilmembers Settle,,Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None The foregoing. Resolution was passed and adopted this day of 14thday of November 1989: A City Vlerk Pam Vog-s Approved: U Fire Chief olice Cliaef ublic Works Director r yor Ron Dunin � �'J� � � �� ����o J • r� i �` r� i RESOLUTION NO. 6713(1999 SERIES) A RESOLUTION APPROVING THE ANNUAL CLAIM FOR MONEY FROM THE LOCAL TRANSPORTATION FUND BE IT RESOLVED by the council of the City of San Luis Obispo as follows: I q 1. To approve the 1-989-150 annual claim for local transportation funds. 2. To,authorize the Transit Manager to execute the appropriAte.claim forms. 3. To direct the City Clerk to forward one executed copy of the claim and a certified copy of.this resolution to: San Luis Obispo Area Coordinating Council. County Govet ' ntent Center San Luis Obis-poj CA. 93408 Oil motion of Councilman Settle seconded by CouncilwomafisRappa- And on the following roll call Vote:' AYES: colincilinembers Settle, R,:ppa, Pinard, Reiss and 1,14yor Dunin NOES: No n*e ABSENT:r,,None the foregoing R cl esolution was Passed and adopted this -14 t-h ay of November 1989. 00A, �e rew ORRONDUNI�N�. APP!� Ci�dministrative officer Finance Director - FIT&RAY" A LMAA 6713 a y xe C FY 89/90 CITY OF SAN LUIS OBISPO TRANSPORTATION DEVELOPMENT ACT ANNUAL PROJECT AND FINANCIAL PLAN Brieflf descrilieall proposed projects (title and descriptions) the proposed use of these funds (by Article and Section of the Transportation Development Act) and the proposed expenditures for the ensuing year for all TDA funds including local transportation funds (previously SB 325) and State Transit Assistance Funds. Project Title and Brief Description Purpose: PUC Article /Section. _ Amount LOCAL TRANSPORTATION FUND # 1 SLO Transit Public Transportation $ 324,578 A local fixed-route Article 4,.Section 99260(a) transportation system operated by the City of San Luis Obispo # 2 SLORTA Public Transportation $138,590 A Regional Transit Article 4, Section 99260(a) system connecting sur- rounding cities with,San Luis Obispo with fixed routes and serving handi- capped residents with door -to -door services (Runabout). # 3 Fund Miscellaneous Local streets, roads, $ 357,233 Construction, reconstruc pedestrian and bicycle tion and maintenance facilities, Article 8 projects not inconsistent .Section 99400(a) with the adopted Regional Transportation Plan 1) Total Claim for LTF funds $820,401 2) Total claim for STA Funds $ -0- Total TDA Claim $8201401 CLAIMANT SLOACC ACTION: Approved �C TIFIED: Dater July 5, 1989 By: Agenda Item: A -1 Title: T ansN 11anag Resolution # 89 -03 Date: DH /cl/5204 -1/97 08 -10 -89 ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS CLAIM NO.: TDA =SLO -89/90 FISCAL YEAR: 1989 90 TO: San Luis Obispo Area Coordinating Council_ County.Government Center San Luis Obispo, Ca. 93408 FROM: CLAIMANT: CITY OF SAN LUIS OBISPO ADDRESS: P. 0.. Box 8100. CITY: San Luis Obispo, CA ZIP CODE: 93403_ CONTACT PERSON: Nancy Knofler PHONE NO.: 549 -7122 This claimant; qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests, in accordance with Chapter 1400, Statutes of 1971, as- amended and applicable rules and regulations, that an allocation be made for the purposes and in the respective amounts as described in the attached Project and Financial Plan claim form. Total LTF /STA funds being claimed are: $820,401 a) Annual (LTF) apportionment, $S.z"0,401 b) Annual (STA) Funds $ -0 -_ Operator Revenues $ -0- Apportionment $ -Q= City of San Luis Obispo (Claimant) B y:. Title: Transit Manager- Date: This claim was approved by San Luis Obispo Area Coordinating Council at their July 5, 1989 meeting by Resolution No. 89 -03. Title: G &)-� M APi A•C_� Date: DH/cl/3896 -1 /113 /pg. 7 08 -10 -89 f TRANSPORTATION DEVELOPMENT ACT CLAIM REQUIREMENTS AND CERTIFICATIONS C=::j_ j 4 a, L_u%5 1989/90 Jur�is 'ction plc %5�a FY FILING _REQUIREMENTS Please submit the following items as marked. x 1. The signed TDA Claim form. )C 2. A certified copy of a resolution or minute order authorizing the claims and approving basic purposes for which thev are filed. 3. A completed annual project and financial plan identifying all proposed LTF and STA expenditures. 4. A budget or proposed budget for the fiscal year of the claim or portion thereof pertaining to transportation (CAC Section 6734a). The statement shall specifically identify the estimated amount of the claimant's maximum eligibility for LTF and STA funds as defined in CAC Section 6634. �C 5. A statement of projected or estimated revenues and expenditures for the prior fiscal year pertaining to transportation (CAC Section 6734b). 6. A statement identifying actions to comply with the prior year's Fiscal audit recommendations (PUC Section 99245). iC 7. A statement identifying and substantiating the reason or need for any increase in transportation operating budget in excess of 15% above the preceding year, an substantial increase or decrease in scope of operations, or any capital provisions for major new fixed facilities (PUC Section 99266; CAC Section 6632). K_ 8. A statement identifying efforts made to implement the transit productivity improvements and performance audi.t recommendations (PUC Section 99244/CAC Section 6754(b)(1)), making specific reference to each recommended improvement. 9. A certificate from the California Highway Patrol per Section 1808.1 of the Vehicle Code (PUC Section 99251) for jurisdictions operating transit systems (pull notice program, bus facility inspection). 10. A California Highway Patrol certificate of compliance with General Purpose Paratransit Vehicles (GPPV) inspection and driver certification requirements per California Code of Regulations. Sections 1201 through 1208. CERTIFICATIONS By signing below, the authorized transit official certifies compliance with all of the appropriate certifications. 11. Verification of compliance with the prior Unmet Needs hearing findings (either included in the city /county budget or included in attached claim) (CAC Section 6754c), including: A1"'. Senior Van operating subsidy ($2,400 /year) and mandatory insurance coverage (Note: Recommend funding through General Fund Budget, rather than TDA claim, due to reporting requirements); __)(_b. Local share of community /regional transit systems (CAC Section 6754(2)(5). 12. Verification the proposed expenditures are in conformity with the Regional Transportation Plan (CAC Section 6754.1). 13. The transit system operator does not routinely staff a transit vehicle designed to be operated by one person with two or more persons (PUC Section 99264); or is not precluded by contract from employing part time drivers or from contracting with common carriers of persons operating under a franchise or license (CAC Section 6754 (b) (2)). 14. Existing and projected farebox ratios are as listed below (PUC Section 99268.1,2,3,5; CAC Section 6633.2, 6754(2)). a. Fiscal Year 1988/89 Farebox Ratio 38% estimate) b. Projected Fiscal Year 1989/90 Farebox Ratio .3/"•40 C. Verification that the level of passenger fares and charges is sufficient to meet fare revenue requirements. _k[ 15. The transit system under your sole jurisdiction meets eligibility requirements under the funds test (CAC Section 6634; 6154(2)(4)). Estimated 1989/90 Operating Cost 492,928 Less depreciation, amortization 42,511 and vehicle lease costs Net Operating Costs 450,417 Less amount of fare revenues required to meet your minimum farebox revenue 45,042 Maximum amount receivable 405,375 for transit. system _ 16. Full use is being made of federal funds (UMTA Section 18.Grants) available under the Urban Mass Transportation Act for transportation purposes (CAC Section 6754(a)(3)). (2) _lC 17. Compliance will be maintained with the adopted transfer pass policy. (PUC Section 99282, 99282,5). X 18.. Compliance will be maintained with PUC Section 99.155 relative to reduced transit fares and identification cards for senior citizens and disabled persons. LC_ 19. Conditions placed upon the claim by action of the San Luis Obispo Area Coordinating Council will be met in a timely fashion, including the following.. a. Payment of the second quarterly payment will be conditional upon receipt of the Annual Report of Transit. Operators to be submitted yearly by the end of September to the State Controller and the Area Council (PUC Section 99243). b'. Monthly operating data will be submitted to the Area Council for any transit system operated. Signature 6P Auth ri ed Official Date Certifying Compliance Nancy Knofter Transit manager dh /certs 8/11/89 ('3 ) -AN Ilk FILING REQUIREMENTS SLO TRANSIT 1. TDA Claim form (enclosed) L resolution (enclosed) 3. annual project and financial plan (enclosed) 4. SLO TRANSIT, ADOPTED OPERATING BUDGET, FISCAL YEAR 1989-90 REVENUES Passenger Fares S 168,350 TDA -LT.F Allocation 324,578 TOTAL $ 492,928 EXPENDITURES Vehicle Operations 8'289,400 Vehicle Maintenance 85,028 Non - Vehicle Maintenance 5,300 Administration 64,000 General Government 49,200 TOTAL S 492,928 5,6. Fiscal Audit (CAC Section 6734b, PLC Section 99245). FY 1988 -89 audit will be available for SLOACC review.in November 1989. 7. Not applicable. 8. Performance Audit.(PUC Section, 99244 /CAC Section 6754(b)(1)).. The City has implemented programs addressing the productivity recommendations. A letter was previously sent to SLOACC, dated November 19, 1987, regarding this matter. The most recent audit is in draft form at this time. 9. The UP has not inspected the bus facility nor have they provided the contractor with a certificate. However, the contractor is current with the program and a sample DMV printout is enclosed. 10. Not applicable. Sign ture f A.uth r zed Official Date Nand Knofler Transit Manager z O 0 Z ny M ya oM -I ZZ Q z A FR _0 . --------------------- O_ O m m n is ---- -- -� a m OT m ti y m O = D m c a N Oti n a m lo< Day s m Z 0 O ~ D O 0 z 0 0 z x ti a m J O D D O Z �+. 1 -r V T o ml n 0 Z (. y T m y m < n 0 _ ________________________ O y m T O a m m = T ••� C a mm ._. m m ' a . IREV. 4188) l� D Z' m A O N r x In D 3 Z Ln tr D V O A r- o 0 C) = a Z U) c mA z N D Z fn to C') -1 n H Z r W h+ O IV w, r ma 0xm T T < ozwm ODmm _y y00 Z m N o O n Z i-. _y O O a O oil 7m m z y _tJ7__ 0 Q. y m m N 0� D r 37 m mo O __.. __ - .V 0m m m D < o �Q. sZ m y----------------------------------- - O n O .D - .p m C) 5 ---- 3 y _ O _ ox ~ c x A - - -- - -- -- F m m i 07 -- O O J _C m m C3 O 5 .a T o A n tz IN m O m------------------------------------ O O x 8 \ a N m o D _ ________________________ m -� �O m r 0 -4 O O I z O ti7 � � O z T n._ -._. _ _ _ _ _ m Z x A m n O m m < f y M z 0, 31 ? o U - yc4i vi - - -- (/j. W m m r m Noy 0{) O D Z yz0 D0z ____ o'Z i a O L T mDm -� Z - Z y v- oc°_io -- -- zzi m m n D Z z m o T T 0ti 30- m0 T7 O z n C' ; 7 0 m m O o o Z O < ZN a o O C ____ c �. m m 9 —M ---- - - - -. o O m D --�\. < a .3. N C m y m - Z> < V m 1,m m O. m 00 O In d n� C r0 r r 00 ,3n a _ _. - 7C {. O o O r 0 m a. O v �2__ a m no, cl) Dar p V O r Z - - m .. s O --- - 03 e T � T�I4VI s m s . N W cn w o� IIIIIII . � W Z W O o® > m y ma o O lTl C lTl 7C ^ C Z (n 1.4 ylpllllllll to s, x r IIIIjjI. r o c� as cS m c fn C Z m 70 m A O A 0 r D D 0 m o 0 M O 2 m o r" � r b Z -n . .. mxo M M m C) Oa OT T N Tf N 0 D a a .c o ,N \N ip _. .. i a W �_z T '. m A O O p 2 O 0 - o w �> \ \ m W r< m nm y p O mm o W F %a ,�, � Ci ��.� �" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 ARTICLE 9 PROMOTIONAL OPPORTUNITIES Announcements for promotional opportunities for members of the Association will list testing and scoring processes that will be followed. Once defined, testing and scoring processes will not be modified. 9 a 1( ll 1� Ic 14 1F if 1. 1F 1: 2( 2] 2` 2%t 24 WE 2( 21 2E ,ARTICLE 7 COMMUNICATION PROCESS Pursuant to City Resolution 6287 (1989 Series) the City agrees with the Association to improve.communications and provide for the following: A. Monthly Conferences There will be a monthly meeting between the department head and management member(s) and a least two (2) association representatives to discuss problems or other subjects of mutual interest. Minutes of the meeting will be maintained to reflect topics discussed, actions to be taken, the party responsible for any action and the expected completion date. B. Quarterly Meetings Two to four representatives of the Association, the City Administrative Officer (or designee), department head (or designee), and management representative(s) designated by the City will meet quarterly if there are issues of concern to the parties. No issues will be brought to this quarterly meeting without first having been discussed with the department head at a scheduled monthly meeting. 7 1( 1] 1� 1° 14 15 lE li 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 10 GRIEVANCE_ PROCEDURE A, A grievance is an alleged violation, misinterpretation or misapplication of-the Employer-'Employee Resolution, the. Personnel Rules and Regulations, any memorandum of agreement with an employee association or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters: M C. Any employee may file and process a grievance by providing the time, 'place and circumstances of the action prompting the grievance. Employees may be accompanied by a representative at each step of the process. If a specific action to be grieved affects several employees, those employees may consolidate their grievance and be represented. Each Grievance shall be handled in the following manner: 1. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance_ with the supervisor's immediate superior. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. 2. If still dissatisfied, the employee may immediately submit the grievance in writing to the department head for consideration,.stating the facts on which it was based, including the provision of.the rules, 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G t regulations or agreement-said to be violated, and the proposed remedy. This action must take place within fifteen business days of the occurrence of the grievance. The department head shall promptly consider the grievance and render a decision in writing within fifteen business days of receiving the written grievance. If the employee accepts the department head's decision, the grievance shall be considered terminated. D. If the employee is dissatisfied with the department head's decision, the employee may immediately submit the grievance in writing to the personnel director within five business days of receiving the department head's decision. The personnel director- shall confer with the employee and the department head and any other interested parties, and shall conduct such other investigations as may be advisable. E. The results or findings of such conferences and investigations shall be submitted to the City Administrative Officer in writing within fifteen business days of receiving the employee's written request. The city administrative officer will meet with the employee if the employee to desires before rendering a decision with respect to the complaint. The city administrative officer's decision shall be in writing and given to the employee within fifteen business days of receiving the personnel director's results and findings. Such decision shall be final unless the 11 C, 1 employee desires a review of the decision. 2 3 F. If the employee desires a review of the decision the 4 procedure is as follows: 5 1. Hearing Officer (for employees represented by SLOPOA or 6 SLOFA) 7 a. The employee will have five business days 8 following receipt of the city administrative 9 officer's decision to submit a written request to 10 the personnel director for review of the decision. 11 The personnel director will obtain a list of five 12 potential hearing officers from the State 13 Mediation and Conciliation Service. Then 14 following a random determination of which party 15 (city or appellant) begins, parties shall 16 alternately strike one name from the list until 17 only one remains. 18 b. Within 30 business days, the hearing officer shall 19 review the record and conduct a hearing on the 20 matter. Within ten business days the hearing 21 officer shall render a decision which shall be 22 final. 23 C. Any dispute regarding the eligibility of an issue 24 for the grievance process may be appealed through 25 the process ultimately to the hearing officer who 26 shall decide on the eligibility prior to ruling on 27 the merits. 28 d. Any fees or expenses of the hearing officer shall 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be payable.one -half by the city and one -half by the Association. All other expenses shall be borne by the party incurring the expense. e. The city reserves the right to make the hearing officer's opinion advisory or to replace the hearing officer.position in the grievance process with the personnel board for an employee organization after July 1993 provided that: 1. The hearing officer has ruled on at least five separate grievances of the Association; and 2. The city has been sustained in at least 65% of the determinations on grievances filed by members of the Association. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27' 28 ARTICLE 11 SALARY Section A Rules Governina_Step Increases. The rules governing step increases for employees covered by this MOA are included in the current Salary Resolution with the following modification: The Fire Chief shall be authorized to reevaluate employees who reach Step ,5 in their pay range. An employee who is not performing up to standard for the fifth step shall be notified in writing that the department head intends to reduce him one step unless his job performance improves significantly within a 60 -day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The fifth step may be reinstated at any time upon.recommendation of the department head. If the Fire Chief deems it necessary to again remove the fifth step during the same fiscal year, he may make the change at any time with three business days written notice. Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of the next highest step, computed to the nearest one dollar. Step 4 = 95% of Step 5 Step 3 = 95% of Step 4 Step 2 = 95% of Step 3 Step 1 - 95% of.Step 2 Each across-the-board percent salary increase shall raise step 5 of range 321 by that percent. Step 5 of each successive salary 14 0 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 range shall be 2..63% above step 5 of the next lower range. After all step 5'.s of salary ranges have been established, each step 5 shall be rounded off to the nearest dollar and the remaining steps established in accordance with the above formula. Employees who are eligible for advancement to Step 4 or 5 must receive at least a "competent" rating on their most recent performance evaluation prior to or coincident with their being eligible for advancement by time in grade. Competent is defined as !'Performance meets standards of a qualified employee." Section B Salary- Provisions for -Term of Agreement Effective the first full pay period in the following months, the following salary increases shall be implemented: July, 1989 5% January, 1990 5% July, 1990 5% January,, 1991 3% July, 1991 4% January, 1992 4% July, 1992 4% January, 1993 3% July, 1993 4% January, 1994 3% Section C . "Y!L Ratincx An employee who is not performing up to established job standards may be "Y" rated, freezing his salary until such time-as there is 15 1 2 3 4 5 6 7 8 9 10 11 12 .13 1.4 15 16 17 18 19 26 21 22 23 24 25 26 27 28 G an improved job performance. The department head shall give 60 days written notice to any employee he intends to "Y" rate, giving the employee an opportunity to correct any deficiencies. A "Y" rating procedure shall not result (then or later) in the employee being frozen below the next lower step of the new range. Section D Payday. Paychecks will be disbursed on a b- weekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon.normal working conditions and is subject to adjustment for cause beyond the City's control. Section -E Paychecks Prior to Vacation If an employee is taking vacation leave and wishes to receive his regular paycheck before payday, the employee must notify the Finance Department in writing at least two weeks prior to the- start of vacation, provided the employee has sufficient vacation time coming to cover the pay period. 16 1 ARTICLE 12 2 PAY-INCENTIVES n A: Paramedic Incentive 3 SRct'o 4 Effective the first full pay period in July 1989, the City shall 5 pay three hundred twenty five dollar-s.($325.00) per month pay 6 incentive to those firefighters or other Approved fire personnel. 7 assigned to, EMT Paramedic duties by the Fire Chief. 8 Effective the first: full pay period in July of 1991, the Ebft 10 Paramedic incentive shall be increased to $375.00 per month. 12 Paramedic's requited to recertify shall be granted four (4) hours 13 training time per month for six (6) months prior to the 14 recertification. Such hours shall be scheduled by the Department 15 during the normal working day. 16 17 Sect-ion B:. Station.I Captain-Incentive Effective the first' pay period f ul fl 18 0110wihg July 1, 1989, fire 19 captains regularly Assigned to Station 1 shall receive a $100 per 20 month pay incentive. Should Station I have fewer than 2 . pieces 21 of staffed emergency response equipment, this incentive shall be 22 eliminated. Mandatory assignments to Station I for Captains 23 shall not exceed-two consecutive years. 24 25 26 27 28 17 I f ARTICLE 13 2 OVERTIME. 3 1. Firefighters,, Fire Engineers and Fite Captains assigned to 4 24 hour shift duty-shall receive overtime pay at time-and- 5 one-half computed at their base salary for those hours 6 worked in excess of regularly scheduled shifts. 7 8 2. Firefighters, Fire Engineers and Fire Captains assigned to 9 24-hour shift duty are assI gned to work one hundred and 10 twenty (120) hours in a fifteen (15) day pay cycle. 11 Employees in these classifications who work more than one 12 hundred and fourteen (114) hours during A pay cycle, shall 18 be paid time and one-half (1 1/2) for all hours worked in 14 excess of one hundred and f6urteen (114) hours worked in the 15 fifteen (15) day pay cycle Paid time -off shall not be 16 counted at time worked when calculating this overtime pay. 17 18 3- All other personnel shall receive overtime pay at time-and- 19 one-half computed at their base salary for all hours worked 20 in excess of forty (40) hours per week including holiday, 21 sick leave and vacation unless they elect,to take 22 compensating time off at straight time. 23 24 4. All overtime shall be authorized in writing by the Fire 25 Chief prior to being compensated. 26 27 28 18 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 5. All overtime shall be paid to the nearest quarter hour worked where no minimum is authorized. 10 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 ARTICLE 14 EMERGENCY CALL BACK 1. The minimum call back hours Provided below shall be paid at straight time pay. 2. Shift personnel who are unexpectedly called hack to work after completing their shift and having left the worksite shall be Paid a 6"hour minimum guarantee. 3. Inspectors who are unexpectedly called back to work after completing their shift and having left the worksite shall be paid a 3-hour minimum guarantee when acting in the capacity of an Inspector at the scene or in immediate follow-up investigative work: 4. The Fite Vehicle Mechanic shall receive a minimum of 4' 's hour e for emergency call back or time and one-half for hours actually worked, whichever is larger. 50 Employees who are called back as defined above shall receive. the minimum mum provided by this article or pay for the work performed, whichever is larger. . 20 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 ARTICLE 15 WORK OUT OF GRADE Employees temporarily assigned to work in a higher classification will receive one step additional pay but in no case more than the top step for the higher classification under the following conditions: 1. The assignment exceeds ten (10) consecutive work days, or five (5) consecutive shifts for all shift employees; in which case the step increase becomes effective on the eleventh (11) work day or in the sixth (6th) shift. 2. The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an examination is pending. Employees not eligible for the step increase (under 10 days) shall receive credit for compensating time off (CTO) on the following basis: Hours Worked CTO Earned 2 -12 1/2 hour 12 -24 1 hour Effective January 1, 1990, credit for compensating time off (CTO) for working out of.grade shall be increased as follows: Hours Worked CTO Earned 0 -6 0 hours 6 -12 1 hour 12 -24 2 hours Each calendar quarter, employees may elect to receive payment for accrued CTO at straight time. CTO earned before January 11 1990 is not eligible for payment. 21 I ARTICLE 16 2 STANDBY 3 Employees below the rank of Fire Marshal /Battalion Chief on 4 standby shall be compensated one hour's pay for each eight (8) 5 hour incident with a minimum of two (2) hours straight time pay 6 for each assigned standby period. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22 1 ARTICLE 17 2 EDUCATIONAL INCENTIVE 3 The City agrees to establish an educational incentive pay plan. 4 The educational -incentive pay will be paid pursuant to one of the 5 two plans outlined below: 6 PLAN A 7 1. Definition of_ Elictibility 8 A. All Employees currently receiving educational incentive 9 pay as of 6/30/81. 10 Be All employees in the unit meeting the following 11 requirements: 12 (1) Have been employed by the department for at least 13 one year as of 9/30/81. 14 (2) Have completed by June 30, 1981 at least 30 15 semester units toward an approved degree including 16 having successfully completed a minimum of six 17 semester units within the last 18 months. 18 (3) Successfully completed at least six semester units 19 per year until degree is complete; and 20 (4) Must receive degree by December 31, 1983. 21 2.' Basic Benefits. Educational incentive pay shall not start 22 for one year after employment with the City of San Luis 23 Obispo, but credit will be given for approved education 24 obtained prior to that time. The basic benefit will consist 25 of $50 per month for possession of an A.A., or equivalent 26 degree from an accredited community or junior college; and 27 one hundred dollars per month for a B.A. or equivalent 28 degree from an accredited four year college or university. 23 c Total incentive pay shall in no case exceed one hundred 1 dollars per month. 2 3. Job _Related Fields. Degrees must be in fields which are 3 directly job related and if not, at least.30 semester units 4 leading toward the appropriate degree with a grade of "C" or 5 better must be included. 6 4: Application and Approval. Application for the incentive pay 7 shall be made by the employee to the department head at 8 least 30 days before the date the payment of the incentive 9 pay is to be effective. Approval of the department head and 10 the Personnel Director shall be required. 1.1 5. Unsatisfactory Performance. In the event an employee 12 receiving the incentive pay is not performing up to the 13 established standards set for the job, the department head 14 with the concurrence of the City Administrative Officer, may 15 suspend payment of the incentive pay until such time as the 16 employee's work performance comes up to the standard level, 17 in the opinion of the department head and concurred in by 18 the City Administrative Off -icer. 19 6. Non - Applicability. It is the City's intention not to pay 20 the educational incentive for any degree which is required 21 for the position held by the employee. Educational 22 incentives shall not be paid for education received on City 23 time. The education incentive shall be removed if the 24 employee is promoted to a position which does not entitle. 26 employee to such incentive. 26 27 28 24 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Definition of Eligibility. A. All current employees not eligible for Plan A. B. All employees hired on or subsequent to June 30, 1981. 2. Eligibility. A. Employees eligible for Plan B must be employed by the City of San Luis Obispo for one year before any payment will be made. B. Must successfully complete within a 12 -month period, commencing on or after July 11 1980, 6 semester units, or 9 quarter units, in college level course work in. fire science courses or classes approved by the Fire Chief. Provided such courses shall be completed at the employee's own expense and during off -duty hours. 3. Incentive Pay. The educational incentive pay shall be $50.00 per month for a period of 12 months. Tuition and Books If an employee holds a position which does not qualify him for incentive pay, the employee will be eligible to receive payment for 50% of tuition and books for approved job - related courses upon satisfactory completion of same with a grade of "C" or better. 25 I ARTICLE 18 2 UNIFORM ALLOWANCE 3 A. Each sworn employee shall be required to wear an approved 4 uniform to promote the department's public image, except for 5 the positions designated by the Fire Chief as only requiring 6 occasional usage. Such positions shall receive one -half of the regular allowance. Effective July 1, 1989, each 8 employee shall receive an annual allowance of $600 paid 9 semi- annually to be spent on the purchase and maintenance of 10 department - approved uniforms. Effective July 1, 1992, the 11 allowance shall increase to $700.00 Said allowance shall be 12 paid directly to each eligible employee on or about the 7th 13 of July and the 7th. of January. The Fire Chief or his /her 14 designated representative shall conduct an inspection at 15 least once a year to ensure that each employee has the 16 minimum number- of uniforms and that all uniforms meet 17 department standards regarding safety and appearance. 18 Employees whose uniforms do not meet standards may be 19 subject to disciplinary action. 20 s; A uniform allowance cash advance will be given to new 21 employees for purchase of their uniforms. If the employee 22 severs employment with the City or is terminated within one 23 (1) year, the cash advance shall be deducted from the 24 employee's last paycheck. 25 C. Where the agreement refers to uniform standards, it shall 26 mean the following: The Fire. Chief shall establish and 27 maintain a set of standards "for the maintenance, care and 28 wearing of employee uniforms. Such standards shall be 26 1 on file in the Fire Chief's office; in each fire station, 2 and in the Personnel Director's office. 3 D. Employees will be .responsible to purchase and maintain 4 health /fitness clothes, including appropriate athletic. 5 footwear-.. Appropriate health /fitness clothing will be 6 determined through agreement between the Association and the 7 Department. 8 E: 1. The City shall reimburse the cost in excess of ten 9 ($10.00) dollars., for repairing or replacing Department 10 approved uniforms which are damaged within the course 11 of employment. No reimbursement shall be made if the 12 damage was due to negligence on the part of the 13 employee. At the time of damage, the employee will 14 submit a report documenting where and how the uniform 15 was damaged. 16 2. The Fire Chief shall determine the use and extent of 17 wear of damaged items. Replacement amounts shall be 18 prorated. The Department will establish administrative 19 regulations consistent with this section. 20 F. The City will bear any additional costs resulting from City 21 mandated changes in required uniform items during the term 22 of this agreement. 23 24 25 I 26 27 28 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 19 INSURANCE A. Effective December 1, 1989, the City shall contribute $300.00 per month for'medical, dental, and life insurance for each regular, full time employee in the Unit. This amount shall be increased annually during the term of this agreement as follows: December 1, 1990 $325.00 December 1, 1991 350.00 December 1, 1992 375.00 December 1, 1993 400.00 B. City shall have the right to change insurance costs during the term of this Agreement: Any costs in excess of the established contribution rates shall be paid by the employee. 1. C. City shall pay to each full -time regular employee by December 22, an annual lump sum payment (subject to appropriate taxation). for the difference between the amount provided under Section A, or the prorated share for less than full -time employees, and any lesser sum expended by the employee for medical and dental coverage for the period of January 1 through December 31. Parties agree that City payment of this lump sum is based on favorable tax treatment by the IRS and the State Franchise Tax Board. should such tax- treatment change, the Association and the employees hold harmless the City, its officers and agents, including but 28 1 not limited"to, liability for back taxes, arising out of 2 this Agreement to pay such lump sum. Should tax treatment 3 change, the Association shall have the opportunity to meet 4 and confer regarding the impact of such changes. 5 6 D. Each employee shall be required to carry both medical and dental insurance for self. The City agrees to maintain the 8 current level of benefits but reserves the right to choose 9 insurance carriers and /or the method of insuring and funding 10 these benefits. 11 12 E. The Association shall actively participate in the Medical 13 Plan Review Committee.. Such committee shall review medical 14 plans and may recommend medical plans. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 ARTICLE 20 2 RETIREE'S MEDICAL INSURANCE 3 Employees covered by this Agreement who meet all of the 4 conditions set forth below may continue group medical coverage at 5 group rate paid totally by the employee. The qualifying 6 conditions are: 7 8 A. The employee must retire from City service, apply for and 9 actually receive retirement benefits through the City's 10 retirement system. 11 12 B• The employee must be at least 50 years of age. 13 14 C. The employee must have at least ten (l0) years of service 15 with the City. 16 17 D. The employee may have dependent coverage.only for those 18 dependents covered for the last year of employment with the 19 City. 20 .21 E• All employee and dependent coverage will cease upon the 22 death of the employee or upon the employee reaching age 65. 23 24 This benefit only applies to employees who retire during the term 25 of this Agreement. This benefit shall continue beyond June 30, 26 1994, if, and only if, there is mutual agreement of the parties 27 to continue such benefit. 28 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2a 21 2c 2" 24 2` . 2( 2. 2f 1. RIN my WIN 6. �i ARTICLE 21 VACATION LEAVE Each incumbent of a 40 -hour a week line -item position shall accrue vacation leave with pay at the rate of 12 days per year'of continuous service since the benefit date for the first five years; 15 days per year upon completion of five years; 18 days per year upon completion of ten years; and 20 days per year upon completion of twenty years. Employees scheduled for.more that 40 hours per week shall receive the equivalent number of vacation days prorated to the number of regularly scheduled work hours. An incumbent is not eligible to use accrued vacation leave until.after the completion of the sixth calendar- month of service since the benefit date. An employee who leaves the City service shall receive payment for any unused vacation leave. Department Heads shall be responsible for arranging a vacation schedule, first with the needs of the City as the determining factor and, second; insofar.as possible, with the wishes of the employee. There will be no accrual of vacation leave to non -shift employees in excess of 200 hours or 25 accrued days. Maximum accrual of vacation leave for shift employees is 300 hours except as noted in Section E. VACATION USE: A. Vacation shall be selected by seniority based on shift assignment for shift employees and by seniority for non shift employees. The employee with the most seniority 31 1 shall select first, with the following choices made in 2 descending order of seniority. 3 B. First choice vacation shall be made during 4 November /December each year. The first choice shall be 5 a minimum of five (5) shifts off within one (1) cycle. G C. First choice vacation selected for the months of May 7 through.October must be taken in blocks of five (5) 8 shifts off within one (1) work cycle. 9 D. The maximum first choice vacation that may be selected 10 for the months of'May through October is ten (10) 11 shifts off taken within two (2) work cycles.. 12' E. Employees who don't select first choice vacation to be 13 taken during the months of May through October, shall 14 have vacation that is accrued over 300 maximum paid off 15 bi- weekly. Vacation accrued by such employees outside 16 of the May through October time period shall not exceed 17 the 300 hour maximum. is -F. Employees have the right. to have one (1) employee off 19 on scheduled vacation per shift. 20 G. Employees have the right to unscheduled vacation as 21 provided in the current departmental Operations Manual. 22 H. Time off by Battalion Chiefs is not included in the 23 determination of the number of employees on vacation 24 per E and F above. 25 I. If an employee's first choice vacation is changed by 26 direction of the department, such change shall not 27 cause an employee to lose vacation that may be accrued 28 above the 300 hour maximum. In this case, the employee 32 y choices. if using the vacation at another 2 time or receiving payment for the changed vacation. 3 J. If an employee must cancel vacation for good reason, as 4 defined by management, the vacation above the 300 hour 5 maximum..shall be paid as accrued. 6 K. Employees may cancel scheduled vacation for any reason 7 with a minimum of 30 days advance written notice to the 8 Fire Chief or his /her designated representative. 9 Maximum vacation accruals will.not be waived for 10 vacation cancelled pursuant to this section.. 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 2s 33 1 ARTICLE 22. 2 LEAVE OF ABSENCE 3 Leave without pay for up to one week per year may be granted by 4 the Department Head. When possible, such leave, requests shall be 5 in writing and approved in advance. All other leave of absence 6 requests shall be handled in accordance with Section 2708.9 of 7 the Personnel Rules and Regulations. 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 I' 34 kf' t 1C 11 li lr 14 jr 1C li 1F 1E 2c 21 2� 23 24 25 26 27 28 C� C ARTICLE 23 HOLIDAYS A. The following days of each year are designated as paid holidays:. January 1 - New Year's Day Third Monday in February _ Washington's Birthday Last Monday in May. Memorial Day July 4 — Independence Day First Monday in September - Labor Day November 11 - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving December 25- ,Christmas One =half day before Christmas One -half day before New Year's Two.Floating (8 hour) Holidays (non - shift employees only) When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on .a Sunday, the following Monday shall be observed: B. Each employee on 24 -hour shift duty shall earn 5.6 hours of holiday leave semi- monthly, in lieu of fixed holidays. Such employees shall receive payment at straight time hourly rate for a portion of their earned holiday leave (2.4 hours) each bi- monthly payroll period. The remainder of the employee's annual holiday leave (72 35 0 � 1 hourc; chl_ be advanced to the employee effective 1-July ofl 2 each year. Such holiday leave may be taken off by the. 3 employee as provided in the current departmental operations 4 manual. 5 g Each calendar quarter, an employee has the option of. 7 receiving payment for one -forth (1/4) of his /her advanced 8 holiday leave. The combination of holiday leave taken off 9 and payment of advanced holiday time, may not exceed 72 10 hours. 11 12 If an employee terminates for any reason, having taken off 13 hours in excess of his /her prorated share, the value of the 14 overage will be deducted from the employee's final paycheck.' 15 16 C. Floating (8 hour) holidays for non -shift employees. The 17 accrual dates are 1 January and 1 July. If not used in the 13 calendar year in which . earned, they are lost. it is the 19 responsibility of the employee to make the request for a 20 floating holiday reasonably in advance of the requested day 21 off. 2.2. 23 24 25 26 27 I- 23 36 o 1 ARTICLE 24 2 BEREAVEMENT LEAVE 3 At each employee's option, absence from ,duty due to the death of 4 a member of the employee's immediate family, meaning spouse„ 5 child, brother, sister, parent, parent =in =law, step - parent, step- 6 brother, step - sister, grandparent, or any other- relative living 7 in the same household, provided such leave as defined in this 8 section shall not exceed five (5) working days or the shift 9 equivalent (56 hrs.) from each incident. The employee may be 10 required to submit proof of relative's death before being granted 11 sick leave pay. False information given concerning the death of 12 relationship shall be cause for discharge. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 37 M 1 2 3 4 5 6 7 8 9 10 1.1 .12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s . t ARTICLE 25 SICK LEAVE Sick leave is governed by Section 2.36.420 of the Municipal Code. (See Appendix C attached). Upon termination of employment by death. or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated - beneficiary or beneficiaries, according to the following schedule: (1) Death - 50% Such payment.shall be made within seventy- two hours of notice to the City of an "employee's death. (2) Retirement and actual commencement of PERS benefits: (a) After ten years of continuous employment - 10% (b) After twenty years of continuous employment - 15% (3) Job - related disability retirement and actual commencement of PERS benefits -- 7.5% with a maximum of 1000 hours payoff (75% of 1333:3 accrued hours.) 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 26 FAMILY LEAVE 1. An employee may take up to two (.2) days (16 hours) or the shift equivalent for shift employees (22.4 hours,) of sick leave per year if required to be away from the job to personally care for a member of his /her immediate family. 2. An employee may take up to five days (forty hours) or the shift equivalent for shift employees (56 hours) of sick leave per year if the family member is a part of the employee's household. 3. An employee may take up to seven (7) days (56 hours) of sick leave per'year or the shift equivalent (78.4 hours) if the family member is part of the employee's household and is hospitalized. The employee shall submit written verification of such hospitalization. 4. The amounts shown in 1, 2, and 3 above are annual maximums, not maximums per qualifying family member. A member of the employee's immediate family, shall mean spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step= sister, grandparent, or any other relative living in the same household. 39 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U ARTICLE 27 WORKERS' COMPENSATION LEAVE Any employee who is.abserit from duty because of on- the -job injury in accordance with state workers' compensation law and is not eligible for disability payments under Labor Code Section 4850, shall be paid the difference between his base salary and the amount provided by workers' compensation law during the first 90 days of such disability absence. The only position currently eligible for this benefit is the Fire Vehicle Mechanic. 40 I ARTICLE _28 2 LIGHT DUTY 3 The City and the Association agree that a light duty /return to 4 work policy will be established. The Fire Chief, the Association 5 and the Personnel Department will work together to establish a 6 form to cover this policy. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41 I ARTICLE 29 2 SAFETY., 3 The Association and the City agree to address Departmental and 4 citywide safety concerns through the City's Safety Committee and 5 the Communication Process outlined in Article 1. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 42 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 ARTICLE _30 RESERVE FIREFIGHTERS The City and the Association agree that in the event the City adopts a firefighter reserve program, the city will meet and confer over any impacts) of the proposed program falling within the scope of representation. 43 e 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 31 RETIREMENT A. The City agrees to provide the Public Employees' Retirement System's 2% at age 50 plan to all sworn.personnel and the 2$ at age 60 plan to all non -sworn personnel. The 2% at age 50 plan includes four amendments, namely, Post Retirement Survivor Allowance, conversion of unused sick leave to additional retirement credit, the 1959 Survivor's Benefit, and one -year final compensation. The 2% at 60 plan has two amendments, 1959 survivor's Benefit and one year final. compensation. B. For employees hired after 1 July 1986, the PERS 2% at 50 plan shall include the modifications shown in Section A, above, except that it shall provide three -year final compensation. C. (1)• Effective 1 July 1987, City agrees to contribute up to 5% of safety member's obligation to contribute to PERS. (2) Effective 1 July 1988, City agrees to contribute up to 9% of safety member's obligation to contribute to PERS. (3) City agrees to contribute up to 7% of the Fire Vehicle Mechanic's obligation to contribute to PERS. (4) The amount paid by the City is an employee contribution and is paid by the City to partially satisfy the employee's obligation to contribute to PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the City to PERS on behalf of the employee. The Association understands and agrees that employees bear 44 -+f the risk of payment of any increases in the employee 1 contributions above the amount provided in this 2 Agreement which may result by action of PERS or the 3 state legislature. Parties further agree that City 4 payment of PERS contributions is made based upon tax 5 treatment currently permitted by the State Franchise 6 Tax Board and the IRS. Should' current tax treatment 7 change, the Association and the employees hold harmless 8 the City, its officers and agents from any and all 9 claims or costs of any type, including but not limited 10 to, liability for back taxes, arising out of this 11 Agreement to pay part of the employee's PERS 12 contribution. Should current tax. treatment change, the 13 Association shall have the opportunity to meet and 14 confer regarding any such changes. 15 16 It is understood and agreed to by the parties that the 17 City "pick up' of 'a portion of the employee's PERS 18 contribution is in lieu of wages. Therefore, in all 19 comparisons made with other agencies, a percent equal 20 to the City "pick up" of the employee's PERS 21 contribution will be added to the total compensation 22 provided by the City to the employees. 23 24 25 26 27 28 45 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 25 26 28 ARTICLE 32 HOURS. A. Employees assigned to a 24 -hour shift schedule, shall work a shift schedule which, over a period of one year, shall average approximately fifty =six (56) hours per week. For purposes of illustration only, a copy of the shift schedule pattern is set forth in Appendix B. The Department shall give no less than 15 days notice prior to changing a shift assignment for non-emergency reasons. A work shift is defined as a work period.of twenty- ,f9ur.(24) hours, commencing at 0800 hours and continuing until the next day, ending at 0800 hours (8 a:m. to the following 8 a.m.) Within 60 days of adoption of this agreement, the Personnel- Director, the Chief, or his /her designee and a representative from the Association shall form a committee to discuss and establish a reasonable system that will address the needs of the Department and the concerns of the Association about the work schedule. B. Shift Exchange - The Fire Chief or his /her representative may authorize employees covered by this Agreement to exchange shift assignments with other department employees of equal rank or qualifications for the position. 46 1D 11 12 13 14 15 1.6 1.7 18 19 20 21 22 23 24 25 26 27 28 C. Vacation Exchange - The Fire Chief or his /her representative may authorize employees covered by this Agreement to exchange vacation leave with other department employees of equal rank or qualifications for the position. D. Early Relief - The Fire Chief or his /her representative may authorize employees covered by this Agreement to relieve another department employee of equal rank or qualifications for the position prior to the end of the scheduled shift. 47 1 ARTICLE 33 2 HEALTH /FITNESS 3 The City, the Department and the Firefighters Association are 4 desirous of implementing measures to promote the well being of 5 employees and reduce-the incidents of preventable accidents, 6 illnesses, and disabilities, and have, and shall continue to, 7 work cooperatively,to encourage and develop an appropriate 8 program to enhance physical fitness and health and to establish 9 required physical standards to be met by all employees. The 10 Parties have agreed to implement the physical fitness program 11 outlined in the "Health and Fitness Maintenance Program" and 12 dated 9- 28 =89. Provisions for adopting. required maintenance of 13 the target fitness standards will be addressed in January 1991. 14 15 The Association recognizes that it is the policy of the City to 16 hire non smokers in the Fire Department. The Association furthe 17 recognizes there is a.fire department policy concerning smoking 18 in departmental facilities and vehicles. The parties agree that n smoking poses health risks to non - smokers as well as smokers. 20 21 22 23 24 25 26 27 28 48 r. n r�. I ARTICLE 34 2 SALARY SURVEY CITIES 3 Cities to be used for review of salaries shall include: 4 Chico 5 Davis 6 Lompoc 7 Monterey 8 Napa g Pleasanton 10 Redding 11 Salinas .12 San Clemente. 13 Santa Cruz 14 Santa Maria 15 It is agreed that, during the negotiations to produce a successor - 16 Agreement, either party may propose changes to the above list of 17 cities. A revised, mutually agreed upon list, may be used during i8 the negotiations to produce a successor Agreement. 19 20 21 22 23 24 25 26 27 28 49 1 ARTICLE 35 2 WORK ACTIONS 3 Participation by an employee in a strike or a concerted work 4 stoppage shall be deemed to pose an imminent threat to public 5 health or safety and is unlawful, furthermore, it shall terminate 6 the employment relation. Provided however that nothing herein shall be so construed as to affect the right of any employee to 8 abandon or to resign his employment. 9 (a) Employee organizations shall not hinder, delay, 10 interfere with, nor coerce employees of the City to 11 hinder, delay, or interfere with, the peaceful 12 performance of City services by strike, concerted work 13 stoppage, cessation of work, slow -down, sit -down, stay- , away, or unlawful picketing. 15 (b) In the event that there occurs any strike, concerted 16 work stoppage, or any other form of interference with 17 or limitation of the peaceful performance of City 18 services prohibited by this Article, the City, in 19 addition to any other lawful remedies or disciplinary 20 actions, may, by action of the Municipal Employee 21 Relations Officer cancel any or all payroll deductions, 22 prohibit the use of bulletin boards, prohibit the use 23 of City facilities, and withdraw recognition of the 24 employee organization or organizations participating in 25 such actions. 26 (c) Employee members of any employee organization shall not 27 be locked out or prevented by .management officials from 28 performing their assigned duties when such employees 50 1 I are willing to perform such duties in the customary 2 manner and at a reasonable level of efficiency. 3 Any decision made under the provisions of this Section 4 may be appealed to the City Council by filing a 5 written Notice of Appeal with the City 6 Clerk,accompanied by a complete statement setting forth 7 all of the facts upon which the appeal is based. Such 8 Notice of Appealmust be filed within ten (10) working 9 days after the affected employee organization first 10 received notice of the decision upon which the 11 complaint is based, or it will be considered closed and 12 not subject to any other appeal. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 51 0 1 ARTICLE 36 2 FULL AGREEMENT 3 It is understood this.Agreement represents a complete and final 4 understanding on all negotiable issues between the City and the 5 Association. This Agreement supersedes all previous Memoranda of 6 Understanding or Memoranda of Agreement between the City and the 7 Association except as specifically referred to in this Agreement. 8 The parties, for the term of this Agreement, voluntarily and 9 unqualifiedly agree to waive the obligation to negotiate with. 10 respect to any practice, subject or matter not specifically 11 referred to or covered in this Agreement even though such 12 practice, subject or matter may not have been within the 13 knowledge of the parties at the time this Agreement was 14 negotiated and signed. In the event any new practice, subject or 15 matter arises during the term of this Agreement and an action is 16 proposed by the City, the Association shall be afforded notice 17 and shall have the right to meet and confer upon request.. 18 19 20 21 22 23 24 25 26 27 28 52 s 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 37 SAVINGS CLAUSE If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within thirty (30) day work period. If no Agreement has been reached, the parties agree to invoke the provision of. impasse under Section 13 of city Resolution No. 662.0 (1989 Series) 53 N 1 ARTICLE 38 2 RENEGOTIATIONS 3 Pursuant to Resolution No. 6287, (1989 Series): If either party 4 wishes to make changes to this agreement, that party shall serve 5 upon the other its written request-to negotiate as well as its 6 initial proposals for an amended Agreement. Such notice and 7 proposals must be submitted to the other party no more than 135 8 days nor less than 105 days prior to the end of the Agreement. 9 If notice is properly and timely given, negotiations shall 10 commence no later than 90 days prior to the end of the Agreement. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 54 I r� I ARTICLE 39 2 AUTHORIZED AGENTS 3 For the purpose of administering the terms and provisions of this 4 Agreement: 5 A. The Associations principal authorized agent shall be 6 the President (address: 748 Pismo Street, San Luis 7 Obispo, California 93401; telephone: (805) 549- 7380), 8 B. Management's principal authorized agent shall be the 9 Personnel Director or his /her duly authorized 10 representative (address: P.O. Box 8100, San Luis 11 Obispo, California 93403 =81001 telephone: (805) 549- 12 7252). 13 14 15 16 17 18 19 20 21 22 23 24 25 .26 27 28 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 40 TERM OF AGREEMENT This Agreement shall become effective as of July 11 1989 and continue in full force and effect until expiration at midnight, June 30, 1994. SIGNATURES 1. Classifications covered by this Agreement and included within this unit are shown in Appendix "A". 2. This Agreement does not apply to Temporary Employees or Part -time employees. This Agreement was executed on November 14, 1989 by the following parties. CITY OF SAN LUIS OBISPO Bill Avery, City Consultant Ann McPike, Personnel Director 56 SAN LUIS OBISPO FIREFIGHTERS' ASSOCIATION Tony Spitaler-.i, FFA Consultant Dan Wunsch, President 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r� CLASSIFICATION Firefighter Fire Vehicle Mechanic Fire Engineer /Inspector Fire Captain 'J APPENDIX A CLASSIFICATION CODE 705 444 707 715 57 SALARY RANGE 321 322 324 330' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U APPENDIX B WORK SCHEDULE ILLUSTRATION For purposes of illustration only, the shift schedule pattern for employees working a fifty -six (56) hour work week consists of five (5) twenty -four (24) hour on =duty periods within a fifteen (15) day cycle which is worked in accordance with the following chart: X = 24 -hour on -duty period 0 = 24 -hour off -duty period SCHEDULE: XOXOXOXOX000000 58 1 2 3 4 5 6 7 8 n 10 11 12 13 14 15 16 17 18 19 20, 21 22 23 24 25 26 27 28 • l� EMPLOYEE RESPONSIBILITIES AND BENEFITS - SICK LEAVE Sick leave is governed by Section 2.36.426 of the Municipal Code and reads as follows: 2.36.420 Employee responsibilities and benefits - Sick leave. A. Sick Leave Defined. "Sick leave!' -shall be defined as follows: 1. Absence from duty because of illness or off - the -job injury, or exposure to contagious diseases as evidence by certification from an accepted medical authority; 2. At each employee's option, absence from duty due to the death of a member of the "employee's immediate family," meaning spouse, child, brother, sister, parent, parent- in -law, step - parent, step- brother, step- sister, or any other relative living in the same household, "provided such leave as defined in this subsection shall not exceed five working days from each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay; 3. An employee whose memorandum of understanding incorporates a provision for "family leave ".may use sick leave not to'exceed three days per year if required to be away from his /her job to personally care for a"member of the employee's immediate family as defined in this subsection. B. Rules Governing Sick Leave.. 1. Each incumbent of a line -item position shall accrue sick leave with pay at the rate of twelve days.or the 59 1 shift equivalent per year of continuous service since 2 the benefit date. 3 2. Sick leave may be used after the completion of the 4 month of service in 5 which it was earned. 6 3., Sick leave shall begin with the first day of illness. 7 4. Department heads shall be.xesponsible to the city 8 administrative officer for the uses of sick.leave in 9 their departments. 10 5• A department head shall require written proof of 11 illness from an authorized medical authority at the 12 employee's expense for sick leave use in excess of five 13 consecutive working days by personnel in his/her - 14 department. Such proof may be required for periods of 15' less than five consecutive working days where there 16 exists indication of abuse. 17 6. Any employee who is absent because of sickness or other 18 physical disability shall notify his /her immediate 19 supery "isor or department head as soon as possible but 20 in any,e.vent during the first day of absence. Any 21 employee who fails to comply with this provision 22 without having a valid reason will be placed on leave 23 of absence without pay during the unexcused absence and 24 be subject to disciplinary action in accordance with 25 procedures established by this chapter. 26 7. Any employee absent for an extended illness or other 27 physical disability may be. required by the personnel 28 director to have an examination by the city's medical 60 I I f ) \`r Y examiner at city expense prior to reinstatement to the 1 city service. 2 B. An appointing authority, subject.to approval of the 3 personnel director, may require any employee to be 4 medically examined where reasonable cause exists to 5 believe that an employee has a medical condition which 6 impairs his /her job effectiveness or may endanger the 7 health, safety or welfare of the employee, other 8 employees or the public. Employees who are judged to g be physically incapable of meeting normal requirements 10 of their positions may be placed in a classification of 11 work for which they are suitable when a vacancy exists, 12 or may be separated for physical disability. 13 9• In the event that an employee's sick leave benefits 14 become exhausted due to illness or exposure to 15 contagious disease, the employee shall revert to a 16 status of leave of absence without pay and be subject 17 to the provisions of Section 2.36.460. 18 10. The right to benefits under the sick leave plan shall 19 continue only during the period that the employee is 20 employed by the city. This plan shall not give any 21 employee the right to be retained in the services of 22 the city; or any right of claim to sickness disability 23 benefits after separation from the service of the city. 24 When an employee receives compensation under the 25 Worker's Compensation Act of California, such 26 compensation received shall be considered part of the 27 salary to be paid.to the employee eligible for such 28 payments as required by state law. The amount paid by 61 3 4 5 6 7 8 9 10 11 12 13 14 15 .16 17 18 19 20 21 22 23 24 25 26 27 28 the city shall be the difference between the amount received by the employee from the city's compensation insurance coverage and the eligible employee's regular rate of pay. 11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the city while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the city for monetary gain or other compensation, or by reason of engaging in business or activity for monetary or other compensation other than business or activity connected with his /her city employment. 12. A public safety employee shall not receive sick leave payments while receiving Worker's Compensation payments. 13. Accumulation of sick leave days shall be unlimited. (Prior code 2708.5) 62 RESOLUTION NO. 6710 (1989 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND KINKO'S TO PROVIDE COPIER SERVICES TO THE CITY OF SAN LUIS OBISPO WHEREAS, that certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between the City and Kinko's is hereby approved and the Mayor is authorized to execute the same. NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Kinko's, City Finance Department. Councilman Settle Councilwoman Rappa, i On motion of , seconded by and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Reiss and Mayor Duniri NOES; None ABSENT: Councilwoman Pinard the foregoing Resolution was passed and adopted this 30th day of October, 1989. ro"Ragor Ron Dunin ATTEST: Ci Clerk Paqjoges 6710 Resolution Ho. 6710 (1989 Series) APPROVED: City inistrative Officer City Attorney Finance Director V � Citj Clerk AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this 20th day of November SAN LUIS OBISPO, a municipal corporation ,)hereinafterareferred to as the Kittko's CITY, and as CONTRACTOR: hereinafter referred to WITNESSETH WHEREAS, on September 25, 1989 1989, CITY invited bids for the of Copier Services procurement C-_ 1 - per Specification No. WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid which was accepted by CITY for said services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the .parties hereto agree as follows:. 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, and shall remain in effect for a period of one (1) year.. . 2. INCORPORATION BY REFERENCE. The Notice Inviting Bids, the General Bid Terms and Conditions, the Special Bid Terms and Conditions, Bid Submission Form(s), and the Bid Specifications, are hereby incorporated in and made a part . of this Agreement. 3. CITY'S OBLIGATIONS: For furnishing services as specified in this Agreement, City will pay and Supplier shall receive therefor payment based .upon_ the actual quantities ordered and received by CITY and the unit prices bid by. CONTRAC- TOR. Payment to the CONTRACTOR shall be made within 30 days after receipt of an original invoice from the Supplier and acceptance of the service by City. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by CITY. CON- TRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the said specifications. Without limiting the generality of the foregoing, CONTRACTOR warrants on behalf of itself and all subcontractors engaged for the performance of this Agreement thit only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the perfor- mance of the work hereunder. 5. HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold harmless CITY, its officials, officers, employees representatives, and agents,- from and against all claims, lawsuits, liabilities , damages of whatsoever nature arising out of or in connection with or , or relating in any manner to any act or omission of CONTRACTOR, its agents, employees, and subcontractors of any tier and employees thereof in connection with the perfor- mance or non - performance of this Agreement. The CONTRACTOR shall tho- roughly investigate any and all claims and indemnify the CITY and do whatever is, necessary to protect the CITY, its officials, officers, employees, agents, and rpresentatives, as to any such claims, lawsuits, liabilities, expenses, or damages. 6. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Director of Finance. 7. TERMINATION. If during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect of failure to Perform; which notice must ure to perform give CONTRACTOR in writing of such defect or fail- ; which notice must thereafter in which to perform said CONTRACTOR a 10 -day notice of time TOR. has not d work or cure the deficiency. If CONTRAC- performed the work or cured the deficiency within the ten days spe- cified in the notice, such shall constitute a breach of this Agreement and CITY may terminate this Agreement immediately by written notice to supplier /to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in h the occurs up to the day it received CITY'S Notice of Termi at onic minus anycoffset from such payment representing the CITY'S damages from such breach. CITY reserves the right to delay any such payment until completion or confirmed aban- donment of the project, as may be determined in the CITY'S sole discretion; so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in bid. excess of the compensation quoted in its 8: COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete. agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall of any force or effect, nor shall any such oral agreement, understanding, or be representation be binding upon the parties hereto. 9. ANTI = DISCRIMINATION. .In the performance of the terms of this Agreement, SUPPLIER, agrees that it may employ, will not engage in, nor permit such subcontractors as. it to engage in discrimination in employment of persons because of. age, . race, color, sex, national origin or ancestry, or religion of such of this provision may result in the imposition ersons. Violation Code. Section 1735. Dosition of pendlties referred to in Labor 10. AUDIT. CITY shall have the option of inspecting and /or auditing all records and other written materials used by CONTRACTOR in preparing-its statements to CITY as condition precedent to any payment to CONTRACTOR. 11. NOTICE. All written notices to the parties hereto shall States mail, postage prepaid by registered or certified mail CITY: Pam Voges City Clerk 990 Palm Street San Luis Obispo, CA 93401 CONTRACTOR: Kinko's John Concha, Manager 832 Marsh St. San Luis Obispo, CA 93401 be sent by United addressed as follows: j 12. AUTHORITY_ TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation CONTRACTOR: By: w Q . APPROVED AShTO FI - Kinko's By :� �7 Vicki Finu ne., Acting City Attorney APPROVED AS TO CONTENT: Director of Finance 1 �r\ City of San Luis Obispo NOTICE TO BIDDERS (Specifications No. CC -1) NOTICE IS HEREBY GIVEN THAT the City Clerk of the City of San Luis Obispo, State of California, will receive .sealed bids pursuant to Specifications No. CC -1 at the City Clerk's Office, City Hall, 990 Palm Street, San Luis Obispo, California 93401 on 1989, at which time they will be publicly opened and read aloud, for the purchase of the following: Copying Services Bids received after said time will not be considered. Each bid shall be submitted in a sealed envelope plainly marked: "Proposal for Copying Services, Specifications No. CC -1" Each bid shall be made out on the bid form provided. Additional copies may be obtained. from the City Clerk. Prices shall include State and local sales taxes separately identified. The City of San Luis Obispo reserves the right to accept such bid or bids as may be deemed most advantageous to the City, the right to waive any informality in a bid, and the further right to reject any and all bids. Additional information .may be obtained by contacting Allen Hopkins at (805) 549 -7167. Pamela Voges, City Clerk City of San Luis Obispo, California Date e5-3 City of San Luis Obispo TABLE OF CONTENTS Copying Services - Specifications No. CC -1 Page General Bid Terms and Conditions . . . . . . . . . . . . . . 1 -3 Special Bid Terms and Conditions . . . . . . . . . . . . . . 4 -5 Specifications . . . . . . . . . . . . . . . . . . . . 6 Bid Submission Form . . . . . . . . . . . . . . . . . . 7 -8 Purchase Agreement . . . . . . . . . . . . . . . . . . . 9 -12 Mailing List . . . . . . . . . . . . . . . . . . . . . 13 City of San Luis Obispo J General Bid Terms and Conditions 1. Requirement to Meet All Bid Terms and Conditions - Each bidder shall meet, all of the specifications and bid terms and conditions. By virtue of the bid submission and acceptance of the bid award, the bidder acknowledges agreement with and acceptance of all provisions of the specifications, except as expressly qualified in the bid proposal. Non - substantial deviations may be considered provided the bidder submits a full description and explanation of, and justifica- tions for, the proposed deviations. Final determinations of any proposed d_ eviation will be made by the City of San Luis Obispo. I Bid Submission - Each bid must be submitted on the form(s) provided in the bid package. Bid documents. shall be enclosed in an envelope which shall be sealed and addressed to the 'City Clerk, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA 93403 - 8100.. In order to guard against premature opening, the bid should be clearly labeled with the bid title, name of bidder, and date and time of bid opening. 3. Bid Retention and Award - The City reserves the right to retain all bids for a period of 30 days for examination and comparison. The City also reserves the right to waive non - substantial irregularities in any bid, to reject any and all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that the bids are qualified by specific limitations, and to make award to the lowest responsible bidder as the interest of the City may require. 4. Bid Quotes and Unit Price Extensions - The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Bid Submission Form(s). Any lump sum bid shall be stated in figures. The Bid Submission Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder's intention and the total will be corrected to conform to the specified unit price. 5. Bid Withdrawal - A bidder may withdraw its proposal, without prejudice prior to the time specified for the bid opening, by submitting a written request to the City Clerk, in which event the proposal will be returned to the bidder unopened. .No proposal received after the time specified or at any place other than the place stated in the "Notice Inviting Bids" will be considered. All bids will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the bids. 6. Submission of One Bid Only - No individual, or business entity of any kind shall be allowed to make or file, or to be interested in more than one bid, except an alternative bid when specifically requested; however, an individual or business_ entity which has submitted a sub - proposal to a bidder submitting a proposal; or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub- proposal or from quoting prices to other bidders submitting proposals. (1) n � J 7. Contract Requirements - The bidder to whom award is made shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The Contract shall be made in the form adopted by the City and incorporated in these specifications. The bidder warrants that he /she possesses, or has arranged through subcontracts, all capital and other equipment, labor and materials to carry out and complete the work hereunder in compliance with all Federal, State, County, City and Special District Laws, Ordinances, and Regulations which are applicable. 8. Failure to Accept Contract - If the bidder to whom the award is made fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the Special Bid Terms and be made to the next low- est responsible bidder who shall fulfill every stipulation as if it were the party to whom the first award was made. 9, Contract Assignment - The bidder shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or .interest, of its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City of San Luis Obispo. 10. No - In the performance of the terms of this contract, the bidder agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, or religion of such persons. 11. Work Delays - Should the successful bidder be obstructed of delayed in the work required to be done hereunder by changes in the work of by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, of labor due to Federal Government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the bidder. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 12. Labor Actions - In the event that the successful bidder is experiencing a labor action at the time of the award of the bid (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said bidder is no longer the lowest bidder that is not experiencing a labor action, and to declare it. to be the lowest responsible bidder.. 13. Sales Tax Allocation - For sales occurring within the City of San Luis Obispo, the City is reimbursed one -sixth of the 6% sales tax paid. Therefore, for bids from retail firms located in the City of San Luis Obispo at the time of bid closing for which sales tax is allocated to the City of San Luis Obispo, 1% of the taxable amount of the bid will be deducted from the bid by the City in the cal- culation and determination of the lowest responsible bid. (2) 14. Communications Regarding Bid - All timely requests for information submitted in writing will receive a written response from the City. Telephone communica- tions with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. (2) n f % 15. Business Tax - All bidders should be aware of the City's Business Tax Ordinance which requires that a Business Tax Receipt be obtained before any business, trade, profession, enterprise, establishment, occupation, or calling is conducted with the City. The amount of the tax is based on gross receipts result - ing from business conducted in. the City of San Luis Obispo, and is required to be paid when business is conducted in the City even though the principal. location of the business may be outside of the City. Issuance of a Business Tax Receipt is only evidence of the fact that the tax has been paid; it does not sanction or approve any operation not otherwise permitted. Verification that the bidder has a valid City of San Luis Obispo Business Tax Receipt will be ob_ tained by the City prior to the execution of the contract. Additional information regarding the City's Business Tax program may be obtained by calling (805) 549 -7134. I& Payment Terms - The City's payment terms are 30 days from the receipt of an original invoice referencing the City's Purchase Order number and acceptance of the materials, supplies, equipment, or services (Net 30). Payment will only be released upon authorization frbm the receiving Department. (3) 1 City of San Luis Obispo Special Bid Terms and Conditions Specification No. CGI 1. Contract Term. The prices bid for these items must be valid for a period of one year unless otherwise conditioned by the bidder in the bid exceptions. The. prices bid by the successful contractor may be renegotiated between the City and the successful bidder within 90 days of the second year of this Agreement at the option of the City or the Contractor. 2. Estimated Quantities. The quantities indicated in the Detailed Bid Specifications /Bid Submission are estimates based on past purchasing experience, and will be used to determine the lowest overall bid. Actual quantities purchased during the period of this contract may vary from these estimated amounts as required by the City. 3. Supplemental Purchases. Supplemental purchases may be made from the successful bidder during the contract term in addition to the items listed in the Detailed Bid Specification /Bid Submission Form. Although it is anticipated that the value of supplemental purchases will total approximately $40,000 during the contract term, no individual order will exceed $1,000. For these supplemental purchases, the bidder shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the bidder is willing to offer generally prevailing price structure during the contract term, this offer and the amount of discount on a percentage basis should be pro_ vided with the bid submission. 4. Non- Exclusive Contract. The City reserves the right to purchase the items listed in the - Detailed Bid /Specification Form, as well as any supplemental items, from other vendors during the contract term. 5. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names, or catalog numbers- used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for any brand which-meets or exceeds the quality of the specifications given for any item. VENDOR RESPONSIBILITIES. L. Release of reports and information. Any reports, information, data, or other' material given to, prepared by, or assembled by the Vendor under this Agreement shall be the property of the City and shall not be made available to any individ- ual or organization by Vendor without the prior written approval of the City. 2. Qualification of Vendor. The Vendor will certify that it is qualified to furnish copy services described in this Agreement. (4) /} r Q / `� — 3. Deadlines. Regularly = scheduled jobs (such as agendas) are to be delivered within 24 hours of pick -up. All other work will be produced in a timely manner, meeting the deadline listed on the copy order. If the deadline cannot be met, the Vendor will notify t- he person ordering the job before beginning. If the Vendor is unable to meet the required deadline, City may take the work elsewhere for copy - ing. Each job will be returned to the City with a completed copy the work order with the following information provided on the form: - Vendor's name, address, and work order number. - Name and customer number of the department ordering the job.. - Title or description of the job. - Number of copies required. Itemized list of special materials and services. 4. Quality Control. The Vendor will take the necessary steps to insure that the work is produced without errors or omissions, and that a consistent level of high quality is maintained. Unacceptable work which is the fault of the Vendor will either be re -run or repaired at no charge to the City. 5. Protection of Materials. The Vendor will take the necessary precautions to protect the City property from loss, damage, theft or unauthorized use. 6. Control of Service Orders. The Vendor will insure that copy services as stated in this Agreement are provided to only authorized departments, commissions, agencies, and individuals. 7. Vendor Invoices. The Vendor shall deliver a monthly invoice to the City, itemized by up to 20 cost centers, with attached copies of work order forms as supporting detail. 8. Trade Customs. Except as noted in this Agreement, legally- accepted "trade customs" applied to the printing trades will be observed. 9. Conflict of Interest. The Vendor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of the City. It is expressly agreed that, in performing these services, the Vendor shall at all times be deemed an independent contractor and not an agent or employee of the City. 10. Insurance. The Vendor shall provide proff of comprehensive general liability insurance (including auto) and business liability insurance in the amount of $250,000 /person; $500,000 /occurance. CITY_ RESPONSIBILITIES. 1: Preparation of originals. Material submitted for copying shall be properly prepared to the standards required by the Vendor. 2. .Work Order. The City will provide a copy order for each job listing the required services. 3. Pick -up /drop off point. The City will provide one location in the City Hall where material will be picked up and delivered. 4. Quality Control. The City will examine all jobs to insure that the job has been properly produced and returned. Unacceptable work will be returned to the Vendor. (5) 17 1�- City of San Luis Obispo COPYING SERVICES - SPECIFICATIONS CC -1 The City of San Luis Obispo is requesting bids from interested vendors for providing copying and related services for the next two years. Specifications for these services are outlined below. BASIC COPYING SERVICES: 1. Copying volume is estimated to average 80,000 copies per month. 2. Minimum number of copies of an original will be one copy. 3. Maximum number of copies of an original will be 1,000 copies. 4. Basic charges are for black image on 8 -)/2" X l l", 8 -1/2" X 14" or 11" X 17" white bond paper. 5. Machine collating will be provided at no additional charge. 6. Machine reduction or enlargement (64% to 200%) will be provided at no additional charge. 7. Minimum turn- around time will be 24 hours unless by special arrangement. Understandably, larger or complex jobs requiring binding, folding, drilling, padding, stapling or special handwork will take longer to produce. PICK -UP AND DELIVERY SERVICE: Pick -up and delivery to City Hall will be provided by the vendor twice daily except weekends and official City holidays: Morning Delivery: 10:00 - 10:30 am Monday through Friday Afternoon Delivery: 3:00 - 3 :30 pm Monday through Friday SPECIAL COPYING SERVICES: 1. Color bond, offset, textured, bright /fluorescent, card or cover paper will be available. 2. Copying onto carbonless, pre - collated 8 -1/2" X I1" paper will be available in 2 -, 3- or 4 -set color combinations. 3. Plastic comb, Velo, padding and wire- stitching binding services will be provided. 4. Drilling (2- or 3 -hole in standard locations) will be provided. 5. Parallel folding (letter or accordian) will be provided. 6. Where machine collating is not practical, hand collating services will be provided. OTHER SERVICES AVAILABLE: Consideration will be given to those vendors able to provide additional specialized services such as full -color copying, process camera work (PMT /Velox prints), typesetting or other graphic arts services at reduced prices as part of this agreement. 0 l� /O I 1 BID VIVaMISSi\K/SVALUi1O FWK Copying Services - Specifications No. CC-1 The undersigned declares that he or she has carefully eomined Specifications CC -1 aocoapanying the invitation to bid and is thoroughly familiar with the contents thereof; is authorized to represent the bidding firm; and proposes to deliver the services regmsted,at the prices stated below not including sales tax: BASIC COPYING CAS: 1 to 9 copies of an original 10 to 399 copies of an original 400 to 1,000 Copies of an original 1,001 or more Copies of an original SUB -TWAL 1. Color Bond Paper Per Sheet 8 1/2" X 11" 8 1/2" X 14" 2. Color Offset Paper Per Sheet 8 1/2" X 11" 8 1/2" x 14" ill' X 17" or 8 -1/2" X 11" or 14" UNIT CUArTPI'I Y PRICE AN%XJNP 100 1.700 1.500= 4,500 c7) 700 700 700 700 II e��-11 8 1/2" X 11" 700 8 1/2" X 14" 700 SUBr'IOIALL 4. Bright /fluorescent Paper Per Sheet 8 1/2" X 11" 700 8 1/2" X 14" 700 SUB-IOM 5. Card/Cover Paper Per Sheet (Any Color) 8 1/2" X 11" 700 8 1/2" X 14" 700 1. CaAmless /NCR Florms Per Set 2-part 3-part. 4-part SUB- 11t7I'AI, 2. Full Color Copying Per Copy 8 1/2" X 11" 8 1/2" X 14" ll" X 17" (8) 500 500 50o 100 100 100 e -ic-/A �9) Plastic Comb Bind_ (Cerlox) 300 Velo Binding 300 Saddle Stitch Staple (folded) 200 Side /Corner Stitch Staple(flat) -IOPAL 200 4. SUB Drilling (2 or 3 hole / 1000) 100 5. SUB-TOM Oitting or Trimming Per Cut -IOM 100 6. SUB Padding Per .Pad 100 7. SUB-IOM Folding 100 Sheets 100 S. SUB-TOM Copy Preparation Per Hoes (unbinding, unstaPlinJ, crrryni zing) SUB- rIDIAL ZOOI'AL �9) 0 kminkaws September 25, 1989 Pamela Voges City Clerk, City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Dear Ms. Voges J Enclosed please find information pertaining to the 1989 Copying Services Contract. I would like to thank you for the opportunity to bid, and provide you with additional information concerning Kinko's Copies. As the downtown's only full service copying center, combined with our second location, San Luis Obispo's only 24 hour copy center, we feel we are best equiped to serve your needs as stated in the "Proposal for Copying Services ", Specification number CC -1. In addition to the needs that you specified, we also offer oversized copies (36 inches by any managable length), full serve typesetting, and the largest roll laminator in the county. Also, our location makes us an ideal candidate for city work. Not only can we do scheduled pick -ups and deliveries, but we can pick up emergency jobs in a matter of minutes. I appreciate the ability to bid and your consideration of Kinko's. If I can answer anv questions, please feel free to give me .a call at the number listed below. Bob Peters Manager Enclosures: Bid Submission Form Kinko's Copies 882 Marsh Street San Luis Obispo, California 93401 Telephone 805 543 -3363 C. ,�D City of. San Luis Obispo BID SUBMISSION FORM (Specifications No. CC -1) The undersigned declares that he or she has carefully examined Specifications CC -1 accompaning the invitation to bid and is thoroughly familiar with the contents thereof: is authorized to represent in the bidding firm; and proposes to deliver the services requested at the prices stated below not including sales tax: BASIC COPYING CHARGES FOR NON- RECYCLED WHITE PAPER: 8- 1;2 " %11 "or 14" 11 " %17" 1 to 9 copies of an original: 2.5¢ per copy 5c per copy 10 to 399 copies of an original: 2.5¢ per copy 5c per copy 400 to 1,000 copies of an original: 2.5¢ per copy —5k per copy 1.001 or more copies of an original: 2.5e per copy 5c per copy BASIC COPYING CHARGES FOR RECYCLED WHITE PAPER: SPECIAL COPYING SERVICE CHARGES: 1. Color bond paper (8 -1/2" % 11" or 8 -1/2" % 14 "): add 1/2t per sheet 2. Color offset paper (8 -1/2" % 11" or 8 -1/2" % 14 "): add It per sheet 3. Fancy finish paper (i.e. "Linen`) (8 -1/2" g11" or 8 -1 /2" % 14"): add 34 per sheet 4, Bright /flouoresent paper ( 8 -1 /2" % l l" or 8 -1 /2" % 14"Y add it per sheet 5. Card /Cover paper (any color): add itper sheet 8 -1 /2" % 14" add 3 5c per sheet Weight 1� lIR 14% 43% Weight 19e 11� 14% 43% 2% 2% 2% 2% 1% 1% 8 -1/2" % 11" or 14" 11" % 17" 1 to 9 copies of an original: 3.4d per copy _Zt per copy 10 to 399 copies of an original: 3.4t per copy 7t per copy 400 to 1,000 copies of an original: 3.44 per copy 7c per copy 1,001 or more copies of an original: 3.4¢ per copy 7t per copy SPECIAL COPYING SERVICE CHARGES: 1. Color bond paper (8 -1/2" % 11" or 8 -1/2" % 14 "): add 1/2t per sheet 2. Color offset paper (8 -1/2" % 11" or 8 -1/2" % 14 "): add It per sheet 3. Fancy finish paper (i.e. "Linen`) (8 -1/2" g11" or 8 -1 /2" % 14"): add 34 per sheet 4, Bright /flouoresent paper ( 8 -1 /2" % l l" or 8 -1 /2" % 14"Y add it per sheet 5. Card /Cover paper (any color): add itper sheet 8 -1 /2" % 14" add 3 5c per sheet Weight 1� lIR 14% 43% Weight 19e 11� 14% 43% 2% 2% 2% 2% 1% 1% City of San Luis Obispo BID SUBMISSION FORM (Specifications No. CC -1) SPECIAL COPYING SERVICE CHARGES (Continued): h Car bonlessiNCR forms (S -1 12" x 11 2 -part (25 set minimum); 124 per set 3% 3 -part (25 set minimum); iSt per set 2% 4-part (25 set minimum) 22t per set I% 7. Full Color Copying a 11 ": $_1'S_ per copy 1% 8 -1/2" a 14 ": $1.25_ per copy 1% 11" a 17 ": $3,00— per copy 1°% S. Report /document binding services Plastic Comb Binding (Cerlox): 75t up to I ". $1.25 over 1" 4'% Velo binding: 75t up to 1 $1.25 over V 1% Stapling: Saddle Stitching (folded pages): 5e per staple 1% Side /corner stitching (flat pages): It per staple 1% 9, Drilling (2- or 3 -hole. standard locations): $2,00 per 1,000 sheets 2170 10. Cutting or trimming: 50t per cut, per 250 sheets 1.10 11. Padding; 254 per pad (100 sheet maximum, no minimum) 1% 12, Folding; $1.00 per loll sheets, no set -up charge 1% 13, Copy preparation (unbinding, unstapling, organizing) $15,00 per hour 2% RESOLUTION NO. 6709 (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING AN AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF SAN LUIS OBISPO AND LEEDSHILL- HERKENHOFF WHEREAS, the City currently has an agreement with Leedshill- Herkenhoff to perform a Live Stream Study; WHEREAS, the City desires to increase the scope of that study; WHEREAS, adequate funds are available for this project. NOW THEREFORE, BE IT RESOLVED that the Leedshill - Herkenhoff Live Stream Study scope is amended to include additional items of work at a total contract cost not to exceed $26,900. on motion of Councilman Settle and on the following roll call vote: , seconded by Councilwoman Rappa, AYES: Councilmembers Settle,.Rappa, Zeiss and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing Resolution was passed and adopted this 30th day of October, 1989. ATTES CITY CLERK PAM OGES MAYOR IRON DUNIN %5709 Resolution No. 6709 (1989 Series) APPROVED: CITY MINISTRATIVE OFFICER CITY ATT EY PINIANC DIRECTOR UTILITIES DIRECTOR Reslivest.wp W /IV RESOLUTION. NO. 6708 (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENTS WITH CALTRANS TO INSTALL TRAFFIC SIGNALS AT THE NORTHBOUND AND AT THE SOUTHBOUND RAMPS OF ROUTE 101 AT LOS OSOS VALLEY ROAD AND TO INSTALL EMERGENCY PREEMPTION EQUIPMENT AT THESE:LOCATIONS WHEREAS, the City, County and State are desirous of installing traffic signals and safety.lighting at the northbound and southbound ramps from 101 to Los OSos Valley Road, and WHEREAS, the City is desirous of installing emergency preemption equipment at these signal locations, and WHEREAS, funds have been appropriated and the improvements programmed.into each agency's capital improvement program, and WHEREAS, the City, County and State have mutually agreed that the State -is the logical agency to design , construct and maintain these facilities, and WHEREAS, the State has presented agreements covering all aspects of the work, with the City share estimated at $129,796.. NOW, THEREFORE BE IT RESOLVED, that the City of San Luis Obispo, a) hereby approves agreements #5CA8915, 5CA8916 and 5CA8920, and b) authorizes the Mayor to sign on behalf of the City. 6708 PPQGRAM SUPPLEMENT NO- 0`10 to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 05 -5016 Date: April 5,'990 Location.'rO5- SLO -O -S LO Project Number: MG- Y369(004) E.A. Number: 05- 929538 CRP- LO89(309) This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 06/22/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: 3N RTE. 101 @ IDS VALLEY RD ON THE N/B & S/B RAMPS. TYPE OF WORK: SIGNAL & LIGHTING LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [ ] Right -of -Way [ ] [X] Construction Engineering [X] Construction Estimated Cost) Federal Funds Matching Funds - 129,800 1 W33 $ 129,800 I$ Local OI$ OTHER OI$ OTHER 0 0 '.ITY OF SAN LUIS OBISPO By MAYOR RON DUNIN Date g Attest Title CITY CLERK 1 VOGES STATE OF CALIFORNIA Department of Transportation B DISTRICT LOCAL STREET AND ROADS ENGINEER Date hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: %ccounting Officer jg�ox Date 6 -C?O S 129.800 iapterl Statutes I Item I Year I Program I6CI Fund Source I AMOUNT 93 1989 2660- 101 -890 89 -90 20.30.010.200 C 229020892 -F 111459.00 r 05- SLO -O -SLO DATE:April 5, 1990 MG- Y3C9(004) PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local. Agency. and /or the respective agencies as determined. by agreement at regular intervals or as required for efficient operation of the completed improvements. 2. The State will advertise, award, and administer this contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2) /Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. The Local Agency share of funds for this project will- be the amount shown in the Local Agency /State Cooperative Agreement, and any modification thereof. If the Local Agency determines to use Federal funds, the amount, as shown on face sheet of this Program Supplement will be deducted from the Local Agency's required deposit. 5. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the 'Nondiscrimination Assurances' contained in the aforementioned Master Agreement for Federal -Aid Program. 6. Whenever the local agency uses Federal or State Funds to pay a consultant on a cost plus basis, the local agency is required to submit a post audit report covering the allowability of cost payments for each individual consultant or sub - contractor incur- ring over $25,000 on the project. The audit report must state the applicable cost principles utilized by the auditor in determining allowable costs as referenced in CFR 48, part 31, Contract Cost Principles. 05 -SLO -101- 25.91 City of San 0 Alh A 0 Py City of San Luis Obispo District Agreement #5CA8926 COOPERATIVE - AGREEMENT THIS AGREEMENT, ENTERED INTO ON. (U0V9MK3F,:1- 21 19 ., is between,the STATE OF CALIFORNIA, acting by and through As Department of Transportation, referred to.herein as "STATE," and CITY OF SAN LUIS OBISPO, a body politic and a municipal corporation of the State of California, referred to herein as "CITY" RECITALS (1) STATE -and CITY contemplate installing traffic signals and safety lighting at the southbound and northbound ramps of State Highway Route 101 on Los Osos Valley Road in the City of San.Luis Obispo, referred to herein as "PROJECT." (2) CITY desires to include emergency vehicle preemption equipment in PROJECT and is willing to bear the entire expense thereof. (3) STATE and CITY desire to specify the terms and conditions under which such emergency vehicle preemption equipment is to be installed, financed and maintained. SECTION I STATE AGREES:. (1) To provide all necessary preliminary engineering, including plans and specifications, and include the emergency vehicle preemption equipment in PROJECT which STATE wit -1 construct and provide all necessary construction engineering services. (2) To maintain and operate the emergency vehicle preemption equipment as installed, at no`cost to STATE. Said maintenance shall include preemption operational timing. (3) To submit to CITY quarterly,•a statement of accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. PAGE 1 OF 5 SECTION II CITY' AGREES : - (1) To deposit with STATE within 30 days of receipt of billing, therefor (which billing will be forwarded immediately following STATE's bid advertising date of a construction contract for PROJECT), the amount of $10,000, which figure represents CITY's estimated costs to have the emergency vehicle preemption equipment constructed by STATE. Said costs include preliminary and construction engineering, both of which will be 22% of the actual final construction cost. (2) To pay STATE upon completion of all work and within.30 days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete the CITY's financial obligation pursuant to this Agreement. (3) To reimburse STATE upon receipt of a statement, for the cost of maintenance of said emergency vehicle preemption equipment, such cost is estimated to be $500.00 yearly. (4) To reimburse STATE upon receipt of Statement, for the cost of operation in accordance with the Agreement for maintenance of State Highways.in the City. (5) That the discriminator module and optical detector will be replaced by CITY to STATE, upon STATE notifying CITY of their need: (6,) To monitor the use of equipment so that transmitter units shall be used only on those emergency vehicles shown on Exhibit A, attached hereto and made a part of this Agreement, and only during Code 3 (Red Light and Siren) emergency response runs. SECTION III IT IS_MUTUALLY AGREED AS FOLLOWS: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) A unilateral termination of this Agreement may be made by either party; however, CITY will bear 100% of all costs incurred by STATE in either case. PAGE 2 OF 5 delegated to CITY under this Agreement. It is also agreed that, pursuant to Government. Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under- or in connection with any work, authority or jurisdiction not delegated to.CITY under this Agreement. (6) That.Exhibit A is to be amended as the existing vehicles are retired or replaced. PAGE 3 OF 5 (3) The cost of any STATE engineering or maintenance referred to herein shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in. accordance with STATE's standard accounting procedures. (4) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability Occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, CITY shall .fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done'by CITY under or in connection with any work, authority or jurisdiction delegated to^�^+ CITY under this Agreement. (5) Neither'CITY nor any officer or employee thereof shall be responsible for.any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any. work, authority or jurisdiction not delegated to CITY under this Agreement. It is also agreed that, pursuant to Government. Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under- or in connection with any work, authority or jurisdiction not delegated to.CITY under this Agreement. (6) That.Exhibit A is to be amended as the existing vehicles are retired or replaced. PAGE 3 OF 5 C (7) That this Agreement shall terminate upon completion and acceptance of the :PROJECT by STATE and CITY or on June 30, 1992, whichever is earlier in time; however, the. ownership and maintenance clauses shall remain in effect until terminated, in writing, by mutual agreement. in C� STATE OF CALIFORNIA CITY OF SAN LUIS OBISPO Department of Transportation ROBERT K: BEST Director of Transportation By District Director Date: // -:7- 21 Approved as to Form and Procedure Attor e ., De art t f Transportation Date: Ali ' v Certified as to Funds and Procedure By s or - Date: Attest: _ V . City Jerk Date: Approved as to Content Public Works Director _ Date: /D District Accounting Officer ate: A, Approved as to Form By City. At rney¢ Date: PAGE 4 OF 5 05 -SLO- 101 -25.91 05- 253 - 370900 City of San Luis Obispo District Agreement No. 5CA8920 EXHIBIT A Fire Dept. ID Year Make Type License F- 104 1977 Ford Van /Pelt Pumper E- 70295C F -102 1977 Ford Van /Pelt Pumper E- 705462 F =101 1979 Mack Pumper E- 737161 F -103 1983• Mack Pumper E- 447343 F -304 1986 Ford F -350 Crew E- 492802 Cab Rescue Squad F -307 1989 Chevrolet Suburban 4x4 E- 090032 B/C Command Post �r. PAGE 5 OF 5 r 05- SLO -10-�-25.91 05 =253- 370900 ff In Py Los Osos Valley Road at N/B Ramps District Agreement 0#5CA8.915 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON mOVg.MrojE(.2, 14169 is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE," and CITY OF SAN LU2S OBISPO, a body politic and a municipal corporation of the State of California, referred to herein as "CITY" RECITALS (1) STATE and CITY contemplate installing traffic control signal(s) and safety lighting at the northbound ramps of State Highway Route 101 on Los Osos Valley Road in the City of San Luis Obispo, referred to.herein as "PROJECT," and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed, and maintained. SECTION.I STATE AGREES: (1) To provide all necessary preliminary engineering, including plans and specifications, and all necessary construction engineering services for the PROJECT and to bear STATE's share of the expense thereof, as shown on Exhibit A attached and made a part of this Agreement. (2) To construct the PROJECT by contract in accordance with the plans and specifications of STATE. (3) To pay an amount equal to 33% of the PROJECT construction costs, as shown on Exhibit A but in no event shall. STATE's total obligation for PROJECT construction costs, under this Agreement, excluding costs referred to in Section III, Article (9), exceed the amount of $32,450; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. (4) Upon completion of PROJECT and all work incidental thereto, to furnish CITY, with a detailed statement of the portion of the engineering and.construction costs to be borne by CITY, including resolution of any claims which may be filed by STATE's contractor, and to refund to CITY promptly after PAGE 1 OF 6 completion of STATE's audit any amount of CITY's deposit(s) required in Section II, Article (1) remaining after actual costs to be borne by CITY have been deducted, or to bill CITY_for any additional amount required to complete CITY's financial obligations pursuant to this Agreement. (5) To maintain the entire traffic control signal(s) and safety lighting as installed and pay an amount equal to 33% of the total maintenance costs, including electrical energy costs. (6) To-operate the traffic control signal(s) as installed and pay 100% of the operation cost. (7) `To furnish the traffic signal control equipment for PROJECT. This equipment shall consist of signal controller unit and signal control cabinet. The estimated cost of this equipment is $6,500 and this amount shall be deducted from the STATE's share of the PROJECT costs. SECTION II CITY AGREES: (1) To deposit with STATE within 30 days of receipt of billing therefor (which billing will be forwarded immediately following STATE's bid advertising date of a construction contract for PROJECT), the amount of $84,885, which figure represents CITY's estimated share of the expense of preliminary engineering, construction engineering, and construction costs required to complete the PROJECT, as shown on Exhibit A. CITY's total obligation for said.antcipated project costs, exclusive of claims and excluding costs referred to in Section III, Article (9), under this Agreement shall not exceed the amount of $93,400; provided that CITY may, at its sole discretion, in writing, authorize a greater amount. (2) CITY's share of the construction cost (estimated. to be $65,800), shall be an amount equal to 67% of the total actual construction cost, including the cost of claims, the cost of STATE defense of any claims and the cost of STATE-furnished material, if any, as determined after completion of work and upon final accounting of costs_ (3) CITY's share of the expense of preliminary engineering shall be an amount equal to 67% of the STATE's costs for preliminary engineering for the entire PROJECT. (4) CITY's share of the expense of construction engineering shall be an amount equal to 67% of-the actual_ costs of construction engineering for the entire PROJECT. PAGE 2 OF 6 C� (mil (5) To pay STATE upon completion f all work within 30 days of receipt of a detailed statement made upon final accounting _ of. -costs therefor-, any amount over and above the aforesaid advance deposit - required to complete CITY's financial obligation pursuant to this Agreement. (6) To reimburse STATE for CITY's.proportionate share of the cost of maintenance of said traffic control signal(s) and safety_ lighting, such share to be an amount equal to 67% of the total maintenance costs, including electrical energy costs. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) STATE shall not award a contract for the work until after receipt of- CITY's deposit required in Section II, Article (1). (3) Should any portion of the PROJECT be financed with Federal funds or State gas tax funds all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement: (4) After opening of bids CITY's estimate of cost will be revised based on actual bid prices. CITY's required deposit under Section II, Article (1) above will-be increased or decreased to match said _revised estimate.. If deposit increase or��. decrease is less than $1,000 no refund or demand for additional deposit will be made until final'accounting. (5) After opening bids for the PROJECT and if bids indicate a cost overrun of no more than 10% of the estimate will occur, STATE may award the contract. (6) If, upon opening of bids, it is found that a cost overrun exceeding 10% of the estimate will occur, STATE and CITY shall.endeavor to agree upon an alternative course-of action. If, after 30 days, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (8) of this Section III. (7) Prior to award of the construction contract for the PROJECT, CITY may terminate this Agreement by written notice, provided that CITY pays STATE for all.costs incurred by STATE. .PAGE 3 OF 6 (8) If termination of this Agreement is by mutual' consent,*STATE will bear 33% and CITY will bear 67% of all costs incurred prior,.to termination, except that any utility relocation costs shall be prorated in accordance with STATE.'s %CITY'S responsibility for utility relocation costs. (9) If ekisting public and /or private utilities conflict with the construction of the PROJECT, STATE will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. STATE will inspect the protection, relocation or removal, which if there are costs of such protection, relocation or removal which the STATE and CITY must legally pay, STATE and CITY will share in the cost of said protection, relocation or removal, plus cost of engineering overhead and inspection, in the amount of 33% STATE and 67% CITY. Required protection, relocation or removal of utilities shall be performed in accordance with STATE policy and procedure. (10) Upon.completion of all work under this Agreement, ownership and title to all signal(s), materials, equipment and appurtenances installed will be jointly shared in the ratio of 33% STATE and 67% CITY. (11) The cost of any engineering or maintenance referred to herein shall include all direct and 'indirect costs (functional and administrat -ive overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting procedures. (12) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (13) Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. PAGE 4 OF 6 (14) Tqt this Agreement shall terlinate upon completion and acceptance of the PROJECT construction contract by STATE or on June 30, 1992, whichever is earlier in time; however, the ownership and maintenance clauses shall remain in effect until terminated, in writing, by mutual agreement. Should any claim arising out of this project be asserted against STATE, CITY agrees to extend the termination date of this Agreement and provide additional funding as required to cover CITY's proportionate share of costs or execute a subsequent agreement to cover those eventualities. STATE OF CALIFORNIA Department of Transportation ROBERT K. BEST Director of Transportation Y - District Director. Date: Approved as to Form and Procedure Attorney, Depar; ent o Transportat ion / y / 1 f � Date: / �� Certified as to Funds and Procedure District Accounting Officer Date: PAGE 5 OF 6 CITY OF SAN LUIS OBISPO By ,Q�� c' — — MO or Date: Att j 9= ..� `J City 'Clerk Date: 11 d Approved as to Content Public Works Director Date: /a -/ z -,F'9 Approved as to Form By City At 0rney Dater 16- 19--00 c�1 05-SL-9-10.1725.91 05 -2.53- 370900 _ Los Osos Valley Rd. - NjB Ramps. District Agreement #5CA8915 EXHIBIT A C.7 ESTIMATE OF COST Total Est. City's State's Description Cost Share Share Construction Cost 67% 33% Signals $ 90,000 $ 60,.300 $ 29,7001 Roadwork $--8,-250 $ 5,500 $ 2., 750 Subtotal $ 98,250 $ 65,800 $ 32,450 Engineering Cost - Signals Prelim. Engr. (Non- labor) $ 1,620 $ 1,085 $ 535 1.8% of Const.,Cost ., Prelim. Engr. (Labor only) $ 6,750 $ 41522 $ 2,228 7.5% of Constr. Cost Prelim. Engr. (Overhead) $ 31330 $ 21231 $ 1,099 49% of 7.5% = 3.7% of Constr. Cost Const. Engr. (Non- labor) $ 31240 $ 2,171 $ 1,069 3.6% of Const. Cost Const. Engr. (Labor only) $ 71470 $ 5,005 $ 21465 8.3% of Constr. Cost Const. Engr. (Overhead) $ 3,690 $ 2,472 $ 1,218 49% of 8..3% = 4.1% of Const. Cost Subtotal $ 26,100 $ 17,486 $ 8,614 Engineering Cost - Roadwork Prelim. Engr. @ 13% $ 1,073 $ 719 $ 354 Overhead included Const. Engr. @ 16% $ 1,320 $' 886 $ 440 Overhead included Subtotal $ 21393 $ 1,599 $ 794 Total (Excl. Engr. Cost for $1241350 $83,286 $ 41,064 Roadwork) Total (Intl. Engr. Cost for $126,743 $ 84,885 $ 41,858 Roadwork) PAGE 6 O 6 C� 05- SLO- lc'25.91 gift ArIftlu 05 -253 -3 0 Los Osos Valley Rd. - S/B Ramps District Agreement #5CA8916 COOPERATIVE _AGREEMENT (3) To pay an amount equal to 50% of the PROJECT construction costs, as shown on Exhibit A but in no event shall STATE_'s total obligation for PROJECT construction costs, under this Agreement, excluding costs referred to in Section IV, Article (9), exceed the amount of $54,124; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. (4) Upon completion of PROJECT and_all work incidental thereto, to furnish CITY and COUNTY, with a detailed statement of PAGE 1 OF 8 JAN 0 2 1990 THIS AGREEMENT, ENTERED INTO ON - - -- _ is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE," and CITY OF SAN LUIS OBISPO, A body politic and a municipal corporation of the State of California, referred to herein as "CITY," and COUNTY OF SAN LUIS OBISPO, a political subdivision of the State of California, referred to herein as "COUNTY" 0p RECITALS (1) STATE and CITY and COUNTY contemplate installing traffic control signals) and safety lighting at the southbound ramps of State Highway Route 101 on Los Osos Valley Road in the City of San Luis Obispo, referred to herein as '-'PROJECT.," and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed, and maintained. SECTION I STATE AGREES• (1) To provide all necessary preliminary engineering, including plans and specifications, and all necessary construction engineering services for the PROJECT and to bear STATE's share of the expense thereof, as shown on Exhibit ;A attached and made a part of this Agreement. ' (2) To construct the PROJECT by contract in accordance with the plans and specifications of STATE. (3) To pay an amount equal to 50% of the PROJECT construction costs, as shown on Exhibit A but in no event shall STATE_'s total obligation for PROJECT construction costs, under this Agreement, excluding costs referred to in Section IV, Article (9), exceed the amount of $54,124; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. (4) Upon completion of PROJECT and_all work incidental thereto, to furnish CITY and COUNTY, with a detailed statement of PAGE 1 OF 8 the portion of tip engineering and construct�fi costs to be borne by CITY and COUN1,; including.resolution of`:..iy claims which may be filed by STATE's contractor, and to refund to CITY and COUNTY promptly after completion of STATE's audit any amount of CITY's and COUNTY's deposits) required in Section II, Article (1) and Section III, Article (1), remaining after actual costs to be borne by CITY and COUNTY have-been deducted, or to bill CITY and COUNTY for any additional amount required to complete CITY's and COUNTY's financial obligations pursuant to this Agreement. (5) To maintain the entire traffic control signal(s) and safety lighting as installed and pay an amount equal to 50% of the total maintenance costs, including electrical_ energy costs. (6) To operate the traffic control signal.(s) as installed and pay 100% of the operation cost. (7) To furnish the traffic signal control equipment for PROJECT. This equipment shall consist of signal controller unit and signal control cabinet. The estimated cost of this equipment is $6,500 and this amount shall be deducted from the STATE's share of the PROJECT costs. SECTION II CITY AGREES• (1) To deposit with STATE within.30 days of receipt of billing therefor .(which billing will be forwarded immediately following STATE's bid advertising date of a construction contract. for PROJECT), the amount of $34,911., which figure represents CITY's estimated share of the.expense of preliminary engineering, construction engineering, and construction costs required to complete the PROJECT, as shown on Exhibit A. CIT.Y's total obligation for said anticipated project costs, exclusive of claims and excluding costs referred to in Section IV, Article (9), under this Agreement shall not exceed the amount of $38,400; provided that CITY may, at its sole discretion, in writing, . authorize a greater amount. (2) CITY's share of the construction cost (estimated to be $27,063), shall be an amount equal to 259* of the total actual construction cost, including the cost_ of claims, the.cost of STATE defense of any claims and the cost of STATE- furnished material, if any, as determined after completion of work and upon final accounting of costs. (3) CITY's share of engineering shall be an amount for preliminary engineering for (4) CITY's share of engineering shall be an amount of construction engineering for the expense of preliminary equal to 25% of the STATE's costs the entire PROJECT. the expense of construction equal to 2.5% of the actual costs the entice PROJECT. PAGE 2 OF 8 (5) T:r -,)ay STATE upon completion �l all work within 30 days of receipt "'a detailed statement made -upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete CITY's financial obligation pursuant.to this Agreement. (6) To reimburse STATE for CITY's proportionate share of the cost of maintenance of said traffic control signal(s) and safety lighting, such .share to be an amount equal to 25% of the total maintenance costs, including electrical energy costs. SECTION III COUNTY AGREES: (1) To deposit with STATE within 30 days of receipt of billing therefor (which billing will be forwarded immediately following STATE's bid advertising date of a construction contract for PROJECT), the amount of $34,911, which figure represents COUNTY's estimated share of the expense of preliminary engineering, construction engineering, and construction costs required to complete the PROJECT, as shown on Exhibit A. COUNTY's total obligation for said anticipated project costs, exclusive.of claims and excluding costs referred to in Section IV, Article (9), under this Agreement shall not exceed the amount of $38,400; provided that COUNTY may, at its sole discretion, in writing, authorize a greater amount. (2) COUNTY's share of the construction cost (estimated to be $27,063), shall be an amount equal to 25% of the total actual construction cost, including the cost of claims, the cost of STATE defense of any claims and the cost of STATE- furnished material, if any, as determined after completion of work and upon final accounting of costs. (3) COUNTY's share of the expense of preliminary engineering shall be an amount equal to 25% of the STATE's costs for preliminary engineering for the entire PROJECT. (4) COUNTY's'share of the expense of construction engineering shall be an amount equal to 25% of the actual costs of construction engineering for the entire PROJECT. .(5) To pay STATE upon completion all work within 30 days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete COUNTY's financial obligation pursuant to this Agreement: (6) To reimburse STATE for COUNTY's proportionate share of the cost of maintenance of said traffic control signal(s) and safety lighting, such share to be an amount equal to 25% of the total maintenance costs, including electrical . energy costs. PAGE 3 OF 8 ' 1 SECTION IV IT IS MUTUALLY AGREED AS FOLLOWS: (1) All obligations of STATE under the terms of this Agreement.are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) STATE shall not award a contract for the work until after receipt of CIT.Y's and COUNTY's deposits required in Section II, Article (1) and Section III, Article (1). (3) Should any portion of the PROJECT be financed with Federal funds or State gas tax funds all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. (4) After opening of bids CITY's and COUNTY's estimate of cost will be revised based on actual bid prices. CITY's and COUNTY's required deposits under Section II, Article (1) and Section III; Article. (1:) above will be increased or decreased to match said revised estimate. If deposit increase or decrease is less than $1,000 no refund or demand for additional deposit will be made until final accounting. (5) After opening bids for the PROJECT and if bids indicate a cost overrun of-no more than 10% of the estimate will occur, STATE may award the contract. (6) If, upon opening of bids, it is found that a cost . overrun exceeding 10% of the estimate will occur, STATE and CITY and COUNTY shall endeavor to agree upon an alternative course of action. If, after 30 days, an alternative course of action is not agreed upon; this Agreement shall be deemed to be terminated �. by mutual consent pursuant to Article (8) of this Section IV. £` (7) Prior to award.of the construction contract for the PROJECT, CITY and COUNTY may terminate this Agreement by written notice, provided that CITY and COUNTY pay STATE for all costs incurred by STATE. (8) If termination.of this Agreement is by mutual consent, STATE will bear 50% and CITY will bear 25% and COUNTY will bear 25% of all costs. incurred prior'to termination,. except . that any utility relocation costs shall be prorated in accordance with STATE's /CITY's /COUNTY's responsibility for utility relocation costs. (9) If existing public and /or private utilities conflict.with the construction of the PROJECT, STATE will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. STATE will inspect the protection, relocation or removal,- which if there are costs of such protection, relocation or removal w1lich the STATE and CITY PAGE 4 OF 8 and COUNTY must," Tally pay, STATE and CITY r d COUNTY will share. in the cost of sa -d protection, relocation o,- 'removal, plus cost of engineering overhead and inspection, in the amount of 50% STATE and 25% CITY and 25% COUNTY. Required protection, relocation or removal of utilities shall be performed in accordance with STATE policy and procedure. (10) Upon completion of all work under this Agreement, ownership and title to all signal(s), materials, equipment and appurtenances installed will be jointly shared in the ratio of 50% STATE and 25% CITY and 25% COUNTY. (11) The cost of any engineering or maintenance referred to herein shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting procedures. (12) Neither'STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted'to be done by CITY and COUNTY under or in connection.with any work, authority or jurisdiction delegated to CITY and COUNTY under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, CITY and COUNTY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8). occurring by reason of anything done or omitted to be done by CITY and COUNTY under or in connection with any work, authority or jurisdiction delegated to CITY and COUNTY under this Agreement. (13) Neither CITY nor any officer or employee thereof shall be responsible for_ any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under- or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. (14) Neither COUNTY nor any officer or employee thereof shall be responsible for. any damage or liability occurring by reason of anything done or omitted to be done by STATE under or... in connection with any work, authority or jurisdiction not delegated to COUNTY under this Agreement. .It is also agreed that, pursuant to Government Code Section 895.4 STATE shall fully indemnify and hold COUNTY harmless from any liability imposed for - injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to COUNTY under this Agreement. PAGE 5 OF 8 O O (15) T.' t this Agreement shall ter" nate upon completion and aL.-aptance of the PROJECT con—ruction contract by STATE or on June 30, 1992, whichever is earlier in time; however, the ownership and - maintenance- clauses shall remain in effect until terminated, in writing, by mutual agreement. Should any claim arising out of.this project be asserted. against STATE, CITY and COUNTY both agree to extend the termination date of this Agreement and proxde additional funding as required to cover. CITY!s and COUNTY's proportionate share of costs or execute subsequent agreement to cover those eventualities: STATE OF CALIFORNIA Department of Transportation ROBERT K. BEST Director of'Transpor.ation By 7 Dist ict Director- Date: Approved as to Form and Procedure ,Aetorn. 5pa-t-tMeA of Transportation Date: Z - Certified as to Funds and Procedure 'district Accounting..Officer. u,Da`te : CITY OF SAN LUIS OBISPO Attest: Approved as to Content Public Works Director Date: Approved as to Form By - city Atto ey_ Date'- PAGE 6 OF 8 .COUNTY OF SAN LU'- OBISPO By irman, Bdafd of ervisors Attest: County -Clerk Recorder By Clerk Date: JAN 0.2 1990 Approved as to Accounting. ' r Auditor- Controller Date: Approved as to Form By ' (�,,,.T unty C n el °`� Date: PAGE 7 OF 8 PAGE 8 OF 8 05-253-370900,,� Los Osos Vall:1 iRd. - S/B Ramps District Agreement #5CA8916. EXHIBIT A ESTIMATE OF COST ' Total Est. City's County's State's Description Cost Share -Share Share Const. Cost 25% 25% 5.0% Signals $100,000 $ 25,000 $ 25,000 $ 50r000 Roadwork $ -8,250 $ 2,063 $ 2,063 $ 4,124 Subtotal $108i2_50 $ 27,063 $ 27,063 $ 5�4_f1_24 Engr. Cost = Signals Prelim.:Engr. $ 1,800 $ 450 $ 450 $ 900 (Non-labor) 1.8% of Const. Cost Prelim. Engr.' $ 1.5bo $ 1I875 $ 1,875 $ 3,7.50 (Labor Only) 7.5% of Const. Cost Prelim. Engr. $ 3f700 925 $ 925 $ 1,850 (Overhead) 49% of 7.5% 3.7% of Const. Cost Const. Cost $ 3,600 $ 900 $ 900. 1,800 C (Non-labor) 3.60 of Const. Cost Const. Engr. $ 8i3001 $ 2,075 $ 2,075 $ 4,150 _(Labor.Only) 8.3% of Const. Cost Const. Engr. $ 4,100 . $ -1,025 $ -1,025 $ 2,050 (Overhead) 49% of 8.3% 4.1% of Const.. Cost Subtotal $ 29r000 $ 7,250 $ 7,250 $ 14,500 Engineering Cost - Roadwork Prelim. Engr. @ 13% (QverheW $ 1,073 $ 268 $ 268 $ 637 Const. Engr. @ 16% (Overhead)- $ 1,320 $ 330 $ 330 -660 Subtotal 2,393 $ 599 5�98 $ 1,197 Total (Excl. Engr. Cost - for Roadwork) $137,250 $ 34,313 $ 34,313 $ 68,624 Total, (Incl. Engr. Cost .for Roadwork) $139,643 $ 34,911 $ 34?911 $ 69,821 PAGE 8 OF 8 !4 1 �. Resolution No. 6708 (1989 Series) On motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote: - AYES: Councilmembers Settle, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing resolution was passed and adopted this 30th day of October 1989. RON DUNIN ATTEST: CITY DMINISTRAT OFFICER CITY O Y Cit A Clerk Pam V(')-es rescltrns /dfr #18 ��� � � tX ,� `r' � U l �. J v'/ ,J� �� i r\' RESOLUTION NO. 6707 (1989 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1235 (UNIT 2) AND TRACT NO. 1264 (UNITS 2 & 3) AT MORNING GLORY WAY & TANK FARM ROAD (SUMMERHILLS ASSOCIATES, SUBDIVIDERS) WHEREAS, the City Council made certain findings concerning Tract No. 1235 (Unit 2) and Tract No. 1264 (Units.2 & 3) as contained in Resolution No. 5968 (1986 Series) and Resolution No. 5967 (1986 Series), respectively, and WHEREAS, all conditions required per said resolutions have been met, and WHEREAS, all public improvements have been constructed to City standards, and specifications, NOW THEREFORE BE IT RESOLVED that the public improvements for Tract No.. 1235 (Unit 2) and Tract No. 1264 (Units 2 & 3), including certain improvements within Edison A. French Park, are hereby accepted by the City for maintenance. The surety is hereby released in accordance with the subdivision agreement. On motion of Councilman Settle seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers.Settle, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing Resolution was passed and adopted this 30th day of October 1989 NIN R 6707 1 Resolution No. 6707 (1989 Series) Page Two. APPROVED: City Ad inistrative Officer Community Development Director N/jk1235 -2 j �. <'' r �� � � ��. �� d� ::.. RESOLUTION NO. 6706 (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SPECIFYING POLICY FOR LONG -TERM USE OF CITY PROPERTY BY NON- PROFIT ORGANIZATIONS WHEREAS, the City supports the long -term use of City property for reasons which benefit the residents of the City of.San Luis Obispo; and WHEREAS, the City maintains that certain non- profit organizations have the ability to effectively use City property for the benefit of the City; and WHEREAS, certain non- profit organizations desire to lease City property to provide programs or services which will benefit the City; and WHEREAS, the.City desires to establish guidelines for the long -term use of City property by non- profit organizations; NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain Exhibit "A" entitled "POLICY FOR LONG -TERM USE OF CITY PROPERTY BY NON - PROFIT ORGANIZATIONS ", attached hereto and incorporated by this reference, is aproved and adopted. On motion of Councilwoman Rappa , seconded by, Councilman Settle , and on the following roll -call-vote: AYES: Councilmembers Rappa, Settle, Reiss and Mayor Dunin NOES: None ABSENT: Councilmember Pinard the foregoing Resolution was passed and adopted this 17th day of October;.-1989.. ayor Ron DLmsn, N APPROVED: v -C It tratly Officer C y Att�o�r /n Interim Community Development Director 0 67oti Exhibit 'W' POLICY FOR LONG -TERM USE OF CITY PROPERTY BY NON- PROFIT ORGANIZATIONS The following policies will guide all loncr -term use of City property by non- profit organizations. These policies will be used by the City when considering and /or developing long -term lease agreements with non - profit organizations. 1). Requests for long -term use of City property by non - profit organizations should follow the same review procedures as the sale or lease of City property by private for - profit entities. 2). The proposed use of City property should be consistent with the goals and objectives of the City's General Plan for land use. 3). The proposed use of City property should not conflict or preclude any existing or planned City use. 4). Any development or operations directly related to the proposed use should be in the public interest and supply measureable benefit to the public. 5). The lease agreement for the use of City property by non - profit organizations which are charged a less than market rate for the City property, must include a provision for community and /or City use. MEMORANDUM OF AGREEMENT REGARDING PROVISIONS OF A LEASE OF REAL PROPERTY The parties to this Memorandum of Agreement are the City of San Luis Obispo (herein "City ") and San Luis Obispo Little Theatre, a not= for - profit California corporation (herein "SLOLT "). It is represented and affirmed by the undersigned, on behalf of City, that City is the legal owner of property located at 1010 Nipomo Street, in the City of San Luis Obispo. A graphic description of the subject property is attached hereto as Exhibit. "A ". Further; the City is willing to lease the property referred to above and described in Exhibit "A" to SLOLT. It is represented and affirmed by the undersigned on behalf of SLOLT, that SLOLT has authority to enter into an agreement for the lease of real property. This Agreement is subject to the following mutual findings and conditions: I., The City wishes to support community -based performing.arts groups by encouraging development of live theater facilities in the Downtown. 2. The City considers the development of a not - for - profit community theater on the proposed property to be in the public interest and an appropriate addition to Mission Plaza. K SLOLT agrees to lease the subject property and to develop and operate a facility on the proposed site, for the term of the lease, which will serve to meet performing arts needs for the community. The City will have no obligation for development and /or operation of the proposed facility. Any costs incurred for development and operation of facility shall be the sole responsibility of SLOLT. 4. SLOLT agrees to take the property "as is" except for unknown subsurface toxic or hazardous materials which responsibility shall remain with the City. If the cost of any required clean up of the site due to toxic or hazardous materials exceeds $10,000, apportionment of the costs shall be subject to negotiations between the "parties. If no accommodation can be reached, at the City's option, the lease would terminate, and the site would be returned to its pre -lease condition less structural improvements, at the .sole expense of SLOLT (but not including cost of site clean up). 5. SLOLT will lease the property for forty (40) years beginning with the start of construction and ending forty years later on the anniversary of said date. 6. SLOLT will reserve first right to negotiate an additional, term not to exceed fifteen (15) years. SLOLT shall submit any notice of interest in an extended term, one (1) year prior to termination of the base term of the lease agreement. 7. The rental rate shall be fixed at $100 per month plus 10% of the gross amount earned by SLOLT for any sub -lease of the facility. MEMORANDUM OF AGREEMENT Page 2 8. The City will initiate a General Plan Amendment and rezoning of the property to accommodate this type of use and will make such efforts as are reasonably necessary to accomplish such amendments and rezoning. Other required approvals (e.g., use permit, architectural review) and compliance with zoning and parking requirements, including payment of in -lieu fees or securing offsite parking, shall be the sole responsibility of SLOLT. 9. Except for "acts of God" and mutually agreed upon excusable delays to be delineated in the lease, SLOLT will use due diligence to adhere to the design, planning and construction schedule described in Exhibit "B ".. The City reserves the right to grant time extensions or to cancel this agreement for failure to progress on this schedule, where failure results from reasons other than those listed above. Said schedule will commence upon approval of this agreement by all parties: 10. If at anytime SLOLT is unable to complete development, the lease will be terminated, and, at the City's option, all improvements will become the property of the City or the site shall be delivered free and clear of all improvements. 11. In the event of early cancellation after completion of construction, the City shall have the option to buy out improvements at the proportional rate of 90% of actual construction costs if cancellation is within the first 5 years, 7A between 6 and 15 years, 50% between 16 and 25 years, and nothing thereafter. If the City chooses not to exercise its option, SLOLT shall sell their improvements to a city- approved successor. 12. A minimum of thirty (30) weeks; annually, of rehearsals and theater performance will be the agreed upon level of operation. If at any time SLOLT is unable to maintain this level of operation, the City may issue a one hundred and twenty (120) - day notice of early cancellation to terminate the lease agreement. 13. The relationship that will exist between the City and SLOLT in this matter will be that of lessor and lessee. Under no circumstance will SLOLT be considered an employee, officer or agent of the City under this agreement or the lease. Conversely, the City is not an agent or extension of SLOLT and is acting solely in its landord capacity. 14. SLOLT may sub -lease the structure and /or property up to a maximum of thirty (30) consecutive days, upon City approval, for uses that are consistent with the performing arts and community purposes of this agreement. 15. The structure and /or property shall be used only for those purposes stipulated in this agreement; unless other uses are approved, in writing, by the City. The lease may not be assigned except by approval, in writing, by the City, which approval shall not be unreasonably withheld. 16. SLOLT will insure all real property improvements for their market value a_ nd shall maintain public liability insurance in an amount agreed upon by both parties. SLOLT will also maintain a performance bond to cover the cost of construction, including materials and labor. 17. SLOLT will agree to indemnify and hold harmless the City, its officers, agents and employees from any claims, demands, damages or penalties imposed which may arise from development, construction and operation of the proposed theater facility on City property. r MEMORANDUM OF AGREEMENT Page 3 18. SLOLT will maintain the buildings, landscaping and features of the theater in a first -class condition at all times. 19. SLOLT will program the theater to provide a minimum of six (6) weeks a year access by other community performing arts groups consistent with the requirements of SLOLT's own use. This six (6) weeks is in addition to the thirty (30) weeks in Item #12. 20. The City represents that the property to be leased is worth $325,000, and that the lease is proposed to be below market rate and is in the public interest. 21. In recognition of the below market lease, SLOLT agrees to make the facilities available without fee to the City for official or City- sponsored uses on four mutually- agreeable days per year. In addition, the City shall have first right of use for uncommitted time periods consistent with the requirements of SLOLT's own use and other provisions of this MOA. , 22.. If after three (3)..years of the effective date of this agreement, SLOLT cannot demonstrate to the satisfaction of the City that it has raised or otherwise has funds committed to cover eighty percent (80%) of the construction costs of the building and, in no event; less than $lA million (in 1989 dollars), then the City shall have the right to terminate or extend this agreement. This Memorandum of Agreement is executed this 17th day of October 1989, in the City of San Luis Obispo, State of California. The City f an Luis Obispo 'yore Ron Dunin Community Development Director San �L�uuiiiss Obispo Little Theatre iSir�ctor- — j�SiC�•� f . Director Director .` V ` /} Q J�✓ �� e" r��,� . a RESOLUTION NO. 6705 (1989 SERIES) A RESOLUTION OF THE COUNCIL OF SAN LUIS OBISPO AMENDING THE MANDATORY WATER CONSERVATION IMPLEMENTATION POLICY STATEMENT WHEREAS, on September 26, 1989 the City Council passed Resolution No. 6696 establishing a maximum water allocation of 40 units per billing period for any single family residential meter within the City service area. WHEREAS, the City has determined that Section 1 of Resolution No. 6603 requires a program modification. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Delete second sentence, Paragraph 5, Section 1 of Resolution No. 6603 and add in its place that the surcharge will be 100 percent of the total water bill on which the usage is greater than the ceiling but less that the base year usage. If the usage is greater that the base year, a 200 percent surcharge is added to the total water bill. On motion of Councilman Settle and on the following roll call vote: Seconded by Councilwoman Rappa AYES: Councilmembers Settle, Rappa,and Reiss NOES: Mayor Dunin ABSENT: Councilmember Pinard the following resolution was passed this 17th day of october 1989. 6705 Page 2. V CITY LERR PAMELA V S APPROVED: u Resol No. 6705 Mayor RON D foL.,CITY ADMINISTRATIVE OFFICER CITY ATTORNEY FIN CE DIRECTOR UTILITIES DIRECTOR UL, WATER DIVISION MANAGER S�� J o 0 oyu 11 1 RESOLUTION NO. 6704 (1989 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING GP /R 1451, AMENDING THE LAND USE ELEMENT MAP OF THE CITY OF SAN LUIS OBISPO FROM NEIGHBORHOOD COMMERCIAL TO OFFICE FOR A 0.7 ACRE PORTION OF A 5.2 ACRE SITE AT 3238 SOUTH HIGUERA. STREET WHEREAS, the Planning Commission and the City Council have held hearings to consider appropriate land use designation on the subject property in accordance with Section 65800 et. seq. of the Government Code; and WHEREAS, the general plan amendment will not have a significant adverse impact on the environment and has been granted a negative declaration subject to the mitigation measures listed in initial study No. ER 43 -89 which is hereby incorporated by reference; and WHEREAS, the proposed general plan amendment will not be detrimental to the health safety and welfare of persons living or working. in the area or at the site; and WHEREAS, the proposed general plan amendment is consistent with the general plan; and WHEREAS, the proposed land use designation is appropriate at the proposed location and will be compatible with surrounding land uses. NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the area shown on the map attached hereto marked Exhibit "A" and included herein by reference, be reclassified from neighborhood commercial to office. 6704 k Resolution No. 6`704-;(1989 series) Page 2 On motion of Mayor Dunin , seconded by Councilman Settle . and on the following roll call vote: AYES: Mayor Dunin, Councilmembers Settle, Rappa and Reiss NOES: Councilmember Pinard ABSENT: None the foregoing resolution was passed and adopted this 17 day of October 1989. AT T: l Cit Clerk Pam V s APPROVED: p{/ —City Administrative Officer i Att r Community Development Director Mayor G /OS -10 O C -S r 4O v. et ., q O O vr i i i i \E LON1N'at/F� qlw» se � 4"b 4,L J 4 O f ,3'J oq e S d f l lli�' , 0 H -16-R Mf „ ENT or". t 'r' W li�l.Q �, Tid -1 i� e.a{n '� L4r] -]e_ T YMO t Mb•1.) M] -.! AI� �O�}prll wr)2•M I° e e _ e j f /C_S mna sw .a +nr -w / n)e`: . V .)1 "e lfl LU � L P H -16-R °? c G_N 2Y� + rAOr � �'ruut ctarpc pO 1� Z 8 r I 5 IUl FXWTRTT A 1- -17 Mf „ ENT or". 'r' W li�l.Q �, Tid -1 i� e.a{n '� L4r] -]e_ T YMO t Mb•1.) M] -.! AI� �O�}prll wr)2•M °? c G_N 2Y� + rAOr � �'ruut ctarpc pO 1� Z 8 r I 5 IUl FXWTRTT A 1- -17 C '�) RESOLUTION NO. 6703 (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN APPEAL OF THE PLANNING COMMISSION'S ACTION DENYING A RESIDENTIAL CONDOMINIUM SUBDIVISION ON THE CORNER OF HIGHLAND DRIVE AND FERRINI ROAD. (TRACT 1823) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the subdivision request TR 1823, and the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and proposed improvements will not adversely affect the health, safety and welfare of persons living or working in the vicinity. 2. The design of the tentative map and proposed improvements are consistent with the general plan. " 3. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvements will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration. 6. There are circumstances of the site, specifically the shape, the topography, and the existence of unusually - large rights -of -way, distinct from other land in the same zone, that make compliance with the condominium regulations open space requirements impractical. 7. The variance will not constitute a grant of special privilege; an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning. 6703 e6z- Resolution No. 6703 Tract 1823 Page 2 (1989 Series) 8. No feasible alternative to authorizing the exception would satisfy the intent of city policies and regulations. SECTION 2. The subdivision request TR 1823 is hereby approved. On motion of Mayor Dunin , seconded by.rn„nr;lmnn Rai --q , and on the following roll call vote: AYES: Mayor Dunin, Councilmembers Reiss, Pinard, Rappa, and%Settle NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17th day Of _October , 1989. ATTEST: City C1 rk APPROVED: City Administtnive Officer OMALar Community Development Director i RFS(:I.J No. 6702 (1989 Series) 7•. •1 .1 •: •I' Y:I' •YII of skiff •I' Y:1: M •1' .1. 1 •i' ]1'1 •t• D+• •: •I- •c r- • 7i :IJl �. • - :u: IA :� :: a•:I:n isms,, County and City staff have worked with the Coalition for the Homeless and service provide= to develop an emergency shelter program for the homeless at Kansas Avenue; and WHEREAS, a more permanent site for comprehensive bomeless services is being prepared at 750 Oreutt Road; and N8M8, the Economic Oppartumities Ocamission is experienced in providing such services; and NBERFAS, the City Council has approved $100,000 in its budget for 1989 -90 for bomeless sheltering purposes; NXI 7HEREF'ORE, BE rT RESMVED by the Council of the City of San Luis Obispo as followse 1. The City Council hereby approves a comprehensive homeless shelter program at 750 Orcutt Road including a one -third share of the cost of funding the shelter totalling $100,000 per year for Fiscal Years 1989 -90, ending Jtne 31, 1990. 2. The City Council hereby directs the Finance Director to transfer these funds as indicated in the Agreement between the City of San Luis Obispo and the Eooncmic Opportunity Cammission dated Septemes 7, 1989. On the motion of Councilman Settla seconded by Cotmcilwnman Rg_nra_ and an the following roll call vote: AYES: Councilmembers Settle,.Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSEW: None the foregoing resolution was passed and adopted thisl7thday of October 1989. r MYCR RON DUNIN CITI CL&& P_- — VOGfs 6702 Approved: n;u-. Lis P, aux-,-el Administrative Officer ;� � � a,��, �;�, . c a A G R E M E N T THIS AGREEMENT,. dated Sept. 7, 1989, for the convenience of the parties hereto, is between t a -CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as, CITY); and the ECONOMIC OPPORTUNITY COMMISSION (referred to herein as EOC). W I T N E S S' E•T H .: WHEREAS, EOC has requested city to contribute to a program to provide the services described in "Exhibit All attached hereto and.; WHEREAS,-said services will be available to.residents of the City, thereby serving both a public and'a municipal purpose: NOW, THEREFORE, City and EOC, in consideration-of the mutual benefits, promises, and follows: agreements set forth herein, do agree as 1. EOC shall make.its services, as described in "Exhibit All herein,, available for the period of July_:1,1989 through June 31 1990. 2. EOC will provide the City with summary program reports two times during the period covered by this agreement (January 1, 1990 and a final report_on July 1, 1990). These reports shall describe the type and quantity of services provided, as well as the expenditure of City funds, and shall be in the form described in "Exhibit All attached hereto. 3. EOC and all of its agents, representatives , or participants in Any manner in the performance of its obligations and duties hereunder, shall be employees, independent contractors, or volunteers for Eoc. They shall not for any purpose be considered employees or agents of the City. 4. EOC agrees to hold City harmless, and to defend City against, from, and in any claim, action, proceeding, or hearing wherein there is an allegation charging liability on the part of the City as a result of any act of omission, negligent or otherwise, of. EOC. 5• City agrees to pay EOc $100,000 (one hundred thousand dollars), to be used as described in "Exhibit A." This grant shall be distributed in two installments,.to be paid as follows, and subject to receipt of a summary of the previous six months' activities. October 18, 1989: $50,000 January 1, 1990: $50,000 I _ ZO AGREEMENT: ECONOMIC OPPORTUNITY COMMISSION Page 2 6. E.O.C. agrees to expend additional funds for this program, equal to or greater than the City's grant. Such funds may include other agency grants and charitable contributions, but;may not include funds received from the County of San Luis Obispo. The City reserves the right to withhold all or a portion of the payments covered herein if E.O.C. fails to meet this obligation. 7. The City Administrative Officer may enter into supplemental understandings and agreements with E.O.C. on behalf of the City, which serve to implement and further the purposes of this agreement and remain consistent with City Council policies and direction. 8. The City Administrative Officer may unilaterally terminate this agreement at his sole discretion, upon thirty (30) days written notice to EOC. Any funds not paid pursuant to paragraph 5 above shall revert to City upon said termination. 9. For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: CITY: ECONOMIC OPPORTUNITY COMMISSION: City Clerk Economic Opportunity Commission P.O. Box 8100 880 Industrial Way San Luis Obispo, Ca. 93406 San Luis Obispo, Ca. 93401 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly appointed: THE ECONOMIC OPPORTUNITY COMMISSION, A NON - PROFIT CORPORATION: By: THE CITY ":4 ARCII:eocshelt rwv /12july89 OBISPO, A MUNICIPAL CORPORATION: L!G-� "EXHIBIT A" PROGRAM DESCRIPTION AND REPORTING REQUIREMENTS ECONOMIC OPPORTUNITY COMMISSION SHELTER PROGRAM The City of San Luis Obispo has agreed to contract with the Economic Opportunity Commission to provide the following program: The Economic Opportunity Commission shall provide a comprehensive program to shelter homeless persons in San Luis Obispo. The program shall serve up to sixty persons per night, and shall be operated at E.O.C. approved locations as determined by the individual needs of the persons being served. The City of San Luis Obispo will provide funding in the amount of $100,000 (one hundred thousand dollars), for ,program operation during the period of July 1, 1989 and June 31, 1990. E.O.C..shall provide the City with two summary program reports, to be due no later than January 31, 1990 and July 1, 1990. These reports shall include the following information: 1. ADMINISTRATOR'S REPORT: A brief synopsis of the activities of the reporting period, in narrative form. This should include a statement describing activities, services or programs provided, any changes that have occured during the reporting period, and any major changes expected during the subsequent reporting period(s). 2. FINANCIAL REPORT: A financial statement should be included for the reporting period. Statements must include ,an itemized listing of the expenditure of City of San Luis Obispo funds. A complete income and expenditure statement, and a balance sheet should be included. Any additional documents which reflect the overall financial status of the organization are also encouraged. 3. STATISTICAL SURVEY: This document should include the number of clients served,, their- cities of origin, the nature of the services Provided, as well as any other statistics which.are kept for the program. The total number of clients served should.also be broken down by the type'of service received. For example, if a client could possibly receive food, shelter, clothing, or some combination of these, then the number of recipients for each type of service should be indicated. /U - I C ECCNCMIC CPPGFtI '14M CCn4ISSICN cF SAN NITS oBISPO CWDfry, INC. HOMELESS SHELTER PROGRAM DESCRIPTION 'EXHIBIT A, Oterator - Staff of the Economic Opportunity Commission (EOC) will be responsible for the development, operation and administration of a homeless shelter at 750 Orcutt Road, San Luis Obispo.. In carrying out its responsibilities; EOC will make extensive use of volunteers and private and public service agencies. Facilities - The shelter will, include four modular units and a detached single - family dwelling: The modular units are: 2 dormitory units 1 reception-unit (double wide) 1 plumbing unit. Parking will be provided according to City ordinance: two spaces plus one space per six occupants. Occupancy - The usual occupancy is expected to be 25 -35 clients per night. Maximum occupancy will be 54 unless additional parking is provided. Even if additional parking is provided, the maximum occupancy would not exceed 70 clients per night. . Supervision - The shelter will be supervised 24 hours a day. An additional qualified supervisor will be added for each ten clients beyond twenty. Operation - The program will provide screening, dining, and Case Management in addition to overnight accommodations for anyone in need of shelter provided that they comply with explicit rules. The shelter is intended as a temporary home for aTl segments of the' homeless population. Different groups will be separated as appropriate. Day operation (8:00 A.M. to 4:30.P.M.) consists of comprehensive client services (see Case Management) and facility maintenance.. Night operation consists of dinner. client support services and sleep. Clients are not permitted to leave the.facility in the.evening nor to loiter in the area after 8:00 A.M. (see daily schedule). The facility is appropriately fenced, lighted and secured. Transportation - Clients are expected to public transportation: Van service will transportation needs. Limited financial transportation may be available. A bus the shelter. rely primarily on their own or be available for specialized assistance for the public stop.is about a block away from CMG -8 C E.O.C. SHELTER OPEERMCNS BUDGET I Sheltek Coordinator ($1,749 /mo. x 12ros.) 6 Shelter Workers: 2 per night; U h6L= shifts 11,8 days (S-IS & Holidays) .@$98. . 00/shift 241 days (M-eF) @93438/shift 1 1>--t maintenance/Laundry Ocr. ($530/mo. x 12mos.) 1 p-t Cook ($596/mo. x 12bos.) Benefit Accruals Frincle Behefits';- Tdtal: (Hol., Vaca. . Sk.) 31% Progran Supplies Vehicle Insurance Gen. Liability ins. vehicle Maint. & Repair office suppiies Xerc - Postage Utilities Gas,61ine Total: - c� Sub-total.: • "EXHIBIT A7 ,.$ 20,988 23,128 46,130 6,360 7,152 103,758 10,631 35,467 149,856 $ 12,240 - 5,400 5f466 3j180 1,020 600 540 266 360 8,400 goo 38,466 38,466 Sub-total'-. --188,322 QF) W.-I 5- (03cm 0 Q * WI) a) 210 Shelter food service /nutrition Case management/Referral to: Salvation Anny Haneless Cutreach Nip'ano CaTntu-Lity Medical Center SID County Mental Health Services Transitions,, Inc. County Drug- Abuse Program Alcohol Services of SLO County Casa Solana, Inc. Co. Veterans Services E.O.C. 7% Addhistration 13,178 GRAND TOIAL: Private Zxhistry Council/=A Emplc9merit Demeldpment Dent: Department of Rehabilitatlon Department Soc. Sere. /AFDC program Food Bank of SLO County Transportation to services Child care transit oral housing 13,178 $ 201,500 424 1989-90 HOMELESS PROGRAMSs SAN LUIS OBISPO Financing Requiredientst ----------------------- E.O.C. Shelter Operations S 201,500 E.O.C. Shelter Facility Lease 24;060 Shelter Equipment Lease-Purcha.se 27,702 Salvation Arty Case Man.agment 50,000 total Financing Requirements $ 303.2012 Meant of Financing: ----------- t.o.C. Grants S 71.000 E.O.C. Donations 10,000 Salvation.Army Grants .241.500 Salvation AMY Donations Soo Total Private Grants & Donations S 106,000 City of San Luis Obispo 98,601 County of San Luis Obispo 98,601 Total Means of Financing S 303,202 Distribution of County-Contribution: Shelter Eq4i;bent Lease- Purchase Salvation Amy Case Managment E.O.C. Shelter Facility tease R.O.C. Shelter Operations Total County Contribution Distributioa of City Contribution: E.O.C. Shelter Operations (Sc=cd: County of San Luis bbispo) S 27,702 25,000 24,000 11,899 ---------- $ 08,661 $ 48,601 "IXHIBXT A� EOC HOMELESS SHELTER PROGRAM ELEMENTS Screening Screening of Shelter clients will be done by volunteers from the community. Information provided by clients will help client focus on immediate. needs. Depending on the immediate needs of the client referral to case maagement . will be made. Clients must set goals for their immediate future. A plan is also made by the clients for reaching their immediate goals. (The role of the volunteer screener is one of iistener offering positive feedback to the client.) Once the screening process is completed; clients are interviewed daily to monitor progress toward goals they have set for themselves. Daily progress notes are made and evaluation by the Coordinator takes place every 30 days.. If the client was referred to case management evaluation of clients also includes input for case management provider. 2. Provider. EOC Food - A hot nutritionally balanced meal is provided nightly at the EOC Shelter by a cook employed by EOC for 40 to $0 clients nigntly. The food is provider by donations as well as direct budget allowance. This service will soon be provided as a volunteer community service. Local church groups and civil groups have expressed commitment to the EOC Homeless Shelter program as soon as the new site is corhPleted. Some local church groups are already preparing meals and bringing thern to the Shelter. The volunteers are also serving the food. 3. Provider: EOC Transportation - Transportation to End from the Shelter is provided by EOC Shelter workers due to the fact that Shelter is located outside of the city limits. Transportation is also provided for clients who request transportation to EDD, General Hospital, Social Services or other services providers. �. Provider: Salvation �,rrny Case Management is provided for the Shelter clients by Toni Flynn of the Salvation Army. A J —// C ;.- randy 80% of Salvation Army caseload are EOC Shelter clients. A :c-iety of services are offered to any 'homeless' person, such as mental riralth screening and assessment counseling, job readiness; medical and O-�nt61 screening and referrals„ financial Counseling, AFC Case management makes referral to other providers serving as a link Cetween the homeless person and the community resources. Agencies such as Department of Rehabilitation. Dept. of Social Services, Veterans Administration, Private Industry Council are also providing services to EOC Shelter clients based on direct re_ ferrals from case management. 5. Provider: Nipomo Medical Clinic. Health & Dental Screening is done by a mobile medical team consisting of 2 nurse practitioners and-2 registered nurses. Health and dental screening are provided at the Shelter weekly. Follow -up medical and dental treatment is done at the clinic located in Nipomo. The mobile unit coordinates transportation for clients to and from the clinic. The Nipomo medical clinic also provides open medical and dental screening to any homeless parson.weakly at the Salvation Army. 6. Housing Provider: EOC Rental Assistance is available to homeless shelter clients who have become employed. This service works as a catalyst for clients who have become gainfully employed and seek permanent housing. Rental Assistance pay the first month's rent. The client provides last month's rent and deposit. During the time of application for rental assistance, money management as well as financial counseling and assessment is done by client and Program Director. Assessment is made to ensure that the client can afford housing on an on -going basis. 7. Provider: Department of Mental Health Provides a much needed service to clients who may be in need of Marital Health Counseling treatment or therapy. A Mental Health Nurse is currently assigned 20 hours per week specifically for mental health outreach to the homeless population in San Luis Obispo County. Shelter clients are referred to the mental health worker if displayed e /M�_ i "EXIMIT A' behavior warrants mental health evaluation. Clients are seen by the mental health nurse who then evaluates the client's mental health needs. The mental health nurse works with the Shelter Coordinator concerning treatment plans for the client. Necessary information'is then passed down to the Shelter Workers as rracded. When intervention is rnadie in this way, the client receives much needed help and the Svelter Program then works with the client in a positive mode towards client self sufficiency. Provider. Community Resources Employment and Training This service will be provided by local businesses in the Community who volunteer their time. Volunteering businesses will present career fairs, job fairs end placement, information for EOC shelter clients: Job readiness and career counseling work shops will also be provided by volunteers in the comrrwnity. Employers needing workers can contact the EOC shelter. EOC shelter clients who have completed job and counseling work shops can be employed on a will call, temporary or permanent basis. Ether agencies currently providing job training and education' for EDC shelter clients are the Private Industry Council, Department of Rehabilitation and Department of Social Services. 9. Provider: Veteran Services The Veteran Service agency is a County operated agency. Their purpose is advocation for vets and widows and children of veterans. Veteran services files claims for veterans to the Veterans Administration. The Veteran Services has many services available for veterans. Their services include a homeless program for veterans, hospitalization, dttox and drug rehao for veterans. Recently, Veteran Services has assisted EOC Shelter clients who are veterans with V.b disability claims, transportation to VA hospitals for medical services. Y \ --� RESOLUTION NO. 6701 (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The Traffic Work Orders for the period of June 1, 1989 through September 30, 1989 are hereby approved. On motion of Councilman Settle seconded by Councilwoman Rappa and on the following roli call vote: AYES: Count.lmembers Settle, Rappa, Pinard and Reiss NOES: Mayor Dunin ABSENT: None the foregoing Resolution was passed and adopted this 17th day of October 1989. ATTE V CITY LERK PAM V APPROVED: City Administrative Officer bl6 /wrkord lib3 /wr1 by .0642 -Wxwmwn� AYOR RON DUNIN k7nI •r .. ������IIIII��P °i ►��IU city of San LUIS OBISpo 0019a COUNCIL AGEIS WI A-V- •t, -70 MEETING DATE: Oct. 17, 1989 REPORT ITS^^ NUMHEF9: FROM: David F. Romero e;g� a n e Prepared by: Barbara Lynch Public Works Dir City Engineer Engineering Assistant /Traffi SUBJECT: Traffic Work Orders for the Period of June 1 ,1989 through September 30, 1989. CAO RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of June 1, 1989 through September 30, 1989. BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system and parking facilities. One third of these work orders were requests for red curbs, mostly in front of newly installed fire hydrants. One fourth were changes in signing. One sixth were parking related, and another one sixth were changes in pavement markings. It has been Council's policy in the past to accept this report on a quarterly basis. This report satisfies this post policy. SCAL IMPACT: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of June 1, 1989 through September 30, 1989. . Completed Traffic Work Orders (June 1, 1989 through September 30, 1989) Available in the Council office for review lib3 /wrk by RESOLUTION NO. (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS' OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS BE IT RESOLVED by the Council of the City of .San Luis Obispo as follows: The Traffic Work Orders for the period of June 1, 1989 through September 30, 1989 are hereby approved. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 1989. MAYOR ATTEST: CITY CLERK APPROVED: City Administrative Officer bl6 /wrkord lib3 /wr1 by e!�j - C;2— #RESOLUTION NO. 6700 (194BRIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY ITY OF SAN LUIS OBISPO AND COUNTY OF SAN LUIS OBISPO TO OM AND OPERATE A NEW CITY-COUNrIY LIBRARY AND COMKM= ROOKS AT 995 PALM STREET I W[flMEAS, on June 20, 1972 the residents of the city of San Luis Obispo and the County of San ILus Obispo agreed to consolidate their operations and financing to provide library service town area in which the city is A part; and WHEREAS, from 1972 to 1989 the City and County of San Luis Obispo jointly operated a library on city-owned land at 888 Morro Street; and WHEREAS, the City and County constructed a new library, library adminstrative offices arxiconnunity rooms at 995 Palm Street.- and WHEREAS, the County Board of Supervisors and City Council agreed to fund, own build, and maintain this new facility accordirxj to the provisions -set forth herein; and WHEREAS , upon reccmmendatiorLs of City and County staffs and the City-County Library Building Coomittee, the City Council and County Board of Supervisors approved a Joint Powers AiTreermt on April 1, 1986; and WFERFIIS, an updated -agreement is needed to address current circumstances; and WHEREAS, this Council finds and determines that it is in the best interests of the city and its residents to own and maintain a City-County Library and Ccnmunity Rooms in cooperation with the County, subject to this agreement; and . NOW, THEREFORE, BE IT RESOLVED by the council of the city of San Luis Obispo as follows: S=ON 1. This joint powers Agreement dated October 9, 1989 shall govern ownership and operation of the new City-Ccunty Library and C=mmity Room at 995 Palm Street. SECTION 2. Said JPA is hereby utif �,approved and the Mayor is authorized to sign on behalf of the City of Eia_Y Luis Obispo. SECTION 3. This resolution s 90V upercedes Resolution No. 5929 (.1 06 Series) as of the date adopted. On motion of Councilwoman Rappa , seconded by Councilman Settle, and on the following roll call vote: r'- - AYES: Councilmembe s Rapp a, Settle, Pinard, Reiss and Mayor. Dunin NOES: None ABSENT'• None the foregoing resolution was passed and adopted, this 9th day of October 1989. PTT Pam loges, City�leA F. R 6700 Resolution No. 6700 (].9 Series) Page 2 P. &a.1i reA-,- City Adninistrative Offices In1 ��� � `'� ��� , /ju �'� r HEN FULLY EXECUTED PLEASE RETURN TO IN THE BOARD OF SUPERVISORS COUNTY CLERK COUNTY OF SAN LUIS OBISPO, STATE, OF CALIFORNIA Tues day ......... October -3. PRESENT: Supervisors Harry Ovitt, William B. Coy, Evelyn Delany, David Blakely and Chairman James Johnson ABSENT: None In the matter of Consent Agenda: Consent Agenda Item A -41 is withdrawn. On motion of .Supervisor Delany, seconded by Supervisor Blakely and on the following roll call vote, to wit: AYES: Supervisors Delany, Blakely, Ovitt, Coy, Chairman Johnson NOES: None ABSENT: None Consent Agenda Items A -1 through A -44 are approved as recommended by the County Administrative Officer and as amended by this Board. Item A -4 is RESOLUTION NO. 89 -459. Item A -9 is RESOLUTION NO. 89 -460. Item A -10 is RESOLUTION NO. 89 -461. Item A -11 is RESOLUTION NO. 89 -462. Item A -12 is RESOLUTION NOS. 89 -463 through 89 -474. Item A -20 is RESOLUTION NO. 89 -475. Item A -23 is RESOLUTION NO. 89 -476. Item A -25 is RESOLUTION NOS. 89 -477 and 89 -478. Item A -28 -A is RESOLUTION NOS. 89 -479 and 89 -480. Item A -28 -B is RESOLUTION NO. 89 -481. Item A -40 is RESOLUTION NO. 89 -482. Said Consent Agenda Items A -1 through A -44, as amended, are on file in the Office of the County Clerk- Recorder and are available for public inspection. cc: Administration 10/4/89 vms STATE OF CALIFORNIA, County of San Luis Obispo, } ss. I, FRANCIS- M. GOONEY ----- - - - - -_ - - -.__ ___ County Clerk and ex- officio Clerk of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Supervisors, as the same appears spread upon their minute book. WITNESS my hand and the seal of said Board of Supervisors, affixed this .____4th -_ - - -- day of_____October ------- 19__ 89. FRANCIS M. COONEY --------------------------------------------- County Clerk and Ex- Officio Clerk of the Board (SEAL) of Supervisors Byl - - -- -- - - - ------ - - - - -- Deputy Clerk. CD33 fr I O 1 A -1 thru A -44 7 JOW FCWM;S A2ZEUMU THIS J01W FaM?S AGREE entered into this day ot41. tlw. OW, 1989, by and between the City of San Lads Obispo, hereinafter referred to as "City" and County of San Luis Obispo, hereinafter referred to as "County": Both City and Cbunty are political subdivisions of the State of California, legally authorized to enter Into this agreement. This joint Powers Agreement supersedes the agreement approved by the City and County on April 1, 1986. W17NESSEM WhEREAS, the City acguixed certain real pmparty within the corporate li-mats of the City of San Luis Obispo and desired to jointly construct with the Ctxmty a project krc6m as the San Luis Obispo CitylCbunty Li-brary, hereinafter referred to as the "Project ", and WHUZEA5, since 1972, the City and County of San Luis Obispo jointly operated a library on city-owned land at 888 Morro Street, and WHV?EAS,, a. portion of this project is to be operated as Ca=waty 0 WHMEAS, both parties desIre that the County operate the Library portion of the Project and the City operate the Coimmnity Room portion of the Project, and WREREAS, the most feasible method of providing for such construction and operation by County and the City is by means of a Joint FWers -Agreement (JPA) entered Into pursuant to GOVeMment Cbde Sections 6500, et sq., other provisions of state law and the charter of the City of San Iziis Obispo. NCtV, 77LMEFME, in consideration of the mutual covenants, .conditions, pmaises, and agreements: herein set forth, City and County, the parties hereto, hereby-mutually covenant and agree, as follows: 1. The oast of construction of a new building for the San Luis Obits o City /County Library totalled approicimately $4.7 million including the value of the land. Contributions by the City and County are as follows: Ci Cash contributions $1,510,000 $1;748,852 Land donation 680,000 Library grant — 198,30o FG&E rebate 5,957 5,957 Interest 267, 739 267,739 Totals 2,463,696 2,220,848 Equi ty shares 53% 47% Total contributions with .interest are $4,684,544. The City's and Cbunty's cash contributions are in a joint trust fund account, and 'invested in the state T38asurer's Local Agency Investment Fluid (LALF') by the County 7tvasurer. The trust fund account has been used to make progress payments_ during the Pmject's construction. Investment of the trust fund's idle cash in LAIF earned .$535,478 in interest, which comprised the balance of the Project financing over and above the parties' contributions. Any excess interest earnings, or unused trust- accoint funds shall be split, proportional to cash contributions (46% to City and 54% to County), between the parties upon completion of the Project and payment of all construction costs. 2. All contracts associated with the construction of the Project were approved by both the County Board of Suparvisors and the City Council, and administered by the County Department of General Services. Change orders generated during construction were authorized by the assigned project managers of both parties. No change orders causing the aggregate cost changes to exceed 10% of Project construction Posts were requested to be approved by the County Board of Supervisors and City Council as required by the previous JPA. Progress payments to contractors were made from the trust fund account pursuant to contract terms,, coordinated by the County Depaxtment of General Services and the County Auditor-Controller. The City's Project Manager received regular reporting of all trust fund transactions.. 3. Parties recognize the fee title. to all real property upon completion of construction of said Project is held as tenants in common, with the City owning 53%sand the County owning 47% given the current ratio of contributions (as shown in 11 above) . 4. The parties agree that the Project will be used as a Community R--xvn, Library and Library Administration, . no otJier use shall be allowed without prior approval of the County Board of Supervisors and City Council. 5. 7-he County shall operate and &bninictpr the LIbra-y portion of the Project, including Library A&ninistration, and in conjunction with such operation and aabninistration shall furnish all personnel necessary therefore. The Library will be open to the public at least six days a week and 54 hours a week. 6. The City shall operate and administer- the Community Room, Conference lmom and kitchen portions of the project and in connection with such operation and a&airdstration shall furnish all personnel necessary therefore. The Library staff shall be entitled to 25% of the use of the Con a.in:ity Room f.ee of charge and shall compete with other potential users for any use in excess. of 25 %.. The Library shall comply with tenant kegulations established by the City for the.Community Room, conference rooms and kitchen. 7. Parties agree that responsibility for the custodial duties and .routine maintenance shall be as follows: A. The City shall be responsible for cleaning and routine maintenance of * Interior of the Commity Room;sadjaaent Conference Rte, kitchen, and kitchen egcupnent. Interior maintenance shall include but not. be limited to replacing light bulbs and other supplies, painting, cadet and wall - epea-r, building systems such as power, window cleaniW and handicapped lift. * Library gmunds outside building. Mi.,s. shall include but not be limited to upkeep of Zandscapirig, automatic sprinkler system, parking lot, flabmrk, water and sewer lines, exterior lights and all other items outside the building line. B. The County shall be r-pspunsible for cleaning and routine maintenance of: * The interior of "the Library (Floors 1, 2, and 3), all zestrcoms, and shamed common areas (shaded area on Mdiibit "A "). Interior maintenance shall include but not be limited to replacing light bulbs and other supplies, Punting, carpet repair, building system such as power, window cleaning and elevator maintenance. * Exterior surface of the.building and al1 other items associated with the structure itself. C. Each party shall be responsible for routine maintenance Of its heating, ventilation and air conditioning systems. The County will be responsible for routine maintenance of urxlergrYxitxd connections to the Central Plant. d 8. Parties agree that "rnatine maintenance" is defined as any one time repair which is less than or equal to the following dollar. amount: $10,000 with an annual increase of $1,000 a year commencing January 1, 1990. Any one time repair which exceeds the afbresid calazlated amount shall be deemed major maintenance and shall require joint autharizatidn before Proceeding. Costs for major maintenance shall be. shared 1 equally between the parties. Parties agree to notify the other of the need for major repairs at. least two months in advance of anticipated repairs. 9. Parties agree that all telephone and telephone cabling, computers and computer cabling, all furniture and other personal property shall be the responsibility of the respective owners to maintain, reirodel or repair. such maintenance, remodeling or repair shall be outside the maintenance definition as described in 8 above and shall not have a dollar limit associated with it. For the purls of this agreement, Personal property shall include but shall not tae limited to such things as books, folding chairs, tables, applian des, projectors or other machinery which is purchased by the respective parties. AU personal property shall revert to the respective owners upon termination of this agreement. 10. Parties agree that items par based by joint funds shall be maintained, repaired, replaced and remodeled so the Library remains attractive and functicnal'as follows: A. The City shall be responsible for items stored and /or intended primarily for use in the Community Room, adjacent Cbnferenae Room, and Kitchen. B, The County shall be responsible. for items stored and /or intended primarily for use in the Library (Floors 1, 2, and 3) . C. Far inventory purposes and in the event the City and County decide to operate separate libraries in the future, the furniture, shelving, and equipment shall be Z1. 12. distributed aazuding to the Cost. Allocation Plan dated June 13, 1989 and attached as Embiibit "B ".. Parties may negotiate for changes to this plan where it is mutually beneficial and allows for establishTent of separate and functional service units. Fifty -six thousand books, owned by the City at the time of consolidation of functions in 1972 constitute about 22% of the cuzzent book supply and have been donated to the new Library at 995 Palm Street. If the City and County decide to reopen separate libraries in the future, the City will receive a percentage of the total Library collection of books, audio-visual materials, documents, magazines, and other collections. This percentage shall be based on the City's population in relation to the population in the County. For example, if the City population is 20� of the County __._ ation a.re tative 20% of the total collection would poP� prresen. belong to the City. The parties agree that electrical, water, sewer and service shall be paid for as follows: A. The City shall be responsible fcua all utilities used in the Cbmunity RUom, Conference Fb mrs, and kitchen, shard ctiarnon areas (shaded area on Ddiibit "A") and portions of the site outside the building footprint. B. The County shall be responsible for all utilities used in the Library (1st and 2nd Floors), Library. A hainistration (3zd Floor), and for trash pick ups, dcmgsters and associated costs. 13. A. City shall defend, indemnify and hold harmless the County, its officers, agents, and employees, fxum any and all claims, demands, damages, costs, erpenses or liability arising out of the duties, responsibilities or obligations assigned to City under this Agreement or occasioned by the performance or -attempted performance of the provisions hex'90f except those arising from the sole negligence or willful misconduct of the Qxmty, including, but not limited to, any act or omission to act. on the part of the City or its agents or employees or other independent contractors direct-Zy responsible to it. B. County shall defend, indennify and hold harmless the City, its Officers, agents, and employees, from any and all claims, demands, damages, costs, expenses or Lability arising out of the duties, responsibilities or obligations assigned to County under this Agreement or occasioned by the performance or attempted performance of the provisions hereof except those arising from the Sole negligence or willful MISCOM21ICt Of the City., including, but not limited to,, any act or OM2*SS2*cn to act an the part of the cbunty or its agents or employees or other independent contracts directly xesp=ible to it. C. Both parties acknowledge that the City and the County are legally authorized self-insL&-ed public entities.. Both the City and the County shall make every effort to include Witkin its respective self-insurance program adequate practices,, procedures, and policies to safeguard and provide for any liabilities which may axe from the operation and ownership of the .Library. C,; 14. If either party wishes to make a charge in ownership ar use the building for p aposes other than Library, Library Achinistration, or Com mity Roan uses, both must agree to such . sale or change. 1s. Should the County interest in the building be sold to the city, the County agrees to continue to provide heating and cooling to the Library structure from its central plant. The City agrees to pay the County for such services on a pro rata basis agreed upon by both parties, unless some other arrangement for providing utilities is agreed upon at the time of sale. If the City and County are unable to agree on reasonable charges for utilities or the delivering of the utility services, or division of books as described in paragraph 11, both parties agree to establish an arbitration panel. An arbitration panel shall be formed which consists of thrice members: one appointed by the County, one appointed by the City, and the third appointed by both parties. Its decisions shall not be binding to the parries. 16. Both parties recognize that some issues, which have not been anticipated or specified herein, may 24quire resolution during construction or.cperation of the project. Both parties pledge cooperation to ensure that the project is properly constructed and operated efficiently to provide the public benefits for which it is being constructed.. 17. This agreement, may be amended from time to time as provided by law. IN WITNSSS Wi1FlMF, the parties hereto have executed this Joint Pcweis Agzeement on the day and year first hereinabove setforth. COUNIY OF SAN LUIS OBISPO C hk irperscn of the Baird of Supervisors James Johnson CITY OF SAN LUIS OBISTO OF �/� Mayor :.. 0 . . R�` i Approved by the Board of Supezvisors this J0bj' day of " , 1989. Approved by the City Council this & day of DGTO$� 1989. Clerk of the Board of Suparvisors Francis Cooney Approved as to Form and Legal Effect: James E. Lindholm, Jr., County Counsel a \ City Cl . . Pam Voges C O FIRS T F L 0 0 R P L A N EXHIBIT "A" E02266 COUNTY OF SAN LUIS OBISPO PROPOSED COST ALLOCATION FOR CITY - COUNTY LIBRARY EQUIPMENT 13- Jun -89 FI_IRNITIjRE 8 EQUIPMENT (ORG. 2268) ADD: SHELVING P.O. 83820 117.750.81 P.O. 838.20 91525.58 P.O. 86611 1.674.47 TOTAL FURNITURE 8 SHELVING PROPOSED CITY ALLOCATION:. COMUNITY ROOM FURNITURE $24,625.45 FURNITURE IN FOYER 1,101.60 FI_lRNITURE IN TICKET BOOTH 357.35 LIBRARY SHELVING 128.950.86 x166:208.50 128,950.86 $295.159.36 $155,035.26 52.53% PROPOSED COUNTY ALLOCATION: FURNITURE WITHIN LIBRARY EXCLUDING SHELVING 140,124.10 x7.477. TOTAL 118RARY FURNITURE 8 EQUIPMENT. $295.159.36 100.00% 0 EXHISIT „81 h r'.OARD OF SUPERVISOr.::' AGENDA FOR OCI'OBER 3, 1989 PAGE 3 A -3 Letter regarding plans and specifications for the installation of a lining at the Santa Margarita Booster Station Reservoir; 5th District. (IRIRCIDUC:ED SEPTEMBER 5, 1989.) (REC UVIA = THAT THE BID OPENING = BE C -I,NGID FROM OCTOBER 9, 1989 TO OCTOBER 16, 1989.) A -4 Submittal of a resolution of intention to lease area for grazing purposes in the Salinas River Dam Project Area; 5th District. (RECCM= APPROVAL AND INSTRUCT CLERK TO GIVE NOTICE OF SEALED BID OPENING SET FOR OCTOBER 24, 1989, AT 9:00 A.M.) Administrator's Items• Aequest to approve revisions to the city/county Library Joint Powers Agreement. (REC1341END APPROVAL AND INSTRUCr CHAS TO SIGN.) A-6 Request to approve a revised agreetrnnt with the Emergency Medical Services Agency regarding administration of the county's emergency medical services program. (REO3ga= APFR3VAL AND ICISTlSJCT avuam N TO SIGN.) Auditor-Controller's Itemse A -7 Request for "relief from liability' for monies lost as result of a theft at the Health Department's branch office in Paso Robles. (REOMM70 APPROVAL.) A -8 Submittal of an audit report for the Engineering Department's concessionaire, Trnoz Trout Farm, for the period of January 1, 1987 through December 31, 1988. (FdXXIMFM ENGINEERING PREPARE A RESPONSE TO REO21M NDATICNS OONTAINED THEREIbT.) Board of S=ervisors' Items• A-9 Submittal of a resolution proclaiming the month of October 1989 as "Disability Fmpl%m ent Awareness Month ". (REMMM APPROVAL AND INSTl3TCT aiA N TD SIGN.) A -10 Submittal of a resolution proclaiming October 1989 as "Seafood Month on the Central Coast ". (RECC11 gND APPROVAL AND IrTSii$JCT CMURW TO SIGN.) A -11 Submittal of a resolution proclaiming October 1989 as "Apprenticeship Month ". (REOM-MD APPROVAL AND INSTRUCT CHAIRM TO SIGN.) A -12 Submittal of resolutions (12) proclaiming October 8 -14, 1989 as "Fire Prevention Week" and commndinq all paid -call fire aoupanies (Avila Valley, North Coast, Creston, Heritage Ranch, Morro'Ibro, Nipomo, Oak Shores, Parkhill, Edna Valley., Shandon, Simmler and North County). (RFOOMMIIdD APPROVAL AND IN=cr amnmw TO SIGN.) A -13 Request by Chairman Johnson to reappoint Tom Runels and Clair Gibson to the Arroyo Grande District Cemetery Board of Trustees. (REND APPROVAL.) A -14 Request by Chairman Johnson to allocate $1,000 from the District 4 community project funds to the Nipcmo Chamber of C=nerne for their October Festival. (RE021WD APPROVAL.) A -15 Request by Supervisor Delany to allocate $2,650 from the District 3 cm=itY Project funds to Cuesta College Drama Department for "Airport Ballet and God Guy Speaks ". (RE=N-1EVD APPR 3VAL. ) A -16 Request by Supervisors to allocate $350 of cm= ity project funds to the San Iris Obispo Jaycees to offset the cost of providing a benefit concert in support of Transitions ($100 - each from Districts 1 and 4, and $150 - District 5). (RECID APPROVAL.) A -17 Request by San Luis Obispo County Arts Council to have each Supervisor appoint a representative to serve on their Board of Directors. (RECM4WD APPROVAL.)