Arroyo Grande City Council
August 22, 2023

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BB&K (2023) -10- PROFESSIONAL SERVICES AGREEMENT
at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years

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from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Clifford Moss, LLC
5111 Telegraph Avenue, No. 307
Oakland, CA 94609
ATTN: Bonnie Moss, Principal
City: City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
ATTN: Jessica Matson, Legislative & Information Services Director/City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in

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BB&K (2023) -12- PROFESSIONAL SERVICES AGREEMENT
any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

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BB&K (2023) -13- PROFESSIONAL SERVICES AGREEMENT

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Luis Obispo County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such

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BB&K (2023) -14- PROFESSIONAL SERVICES AGREEMENT
consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of

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which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]

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BB&K (2023) -16- PROFESSIONAL SERVICES AGREEMENT

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ARROYO GRANDE AND

CLIFFORD MOSS, LLC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ARROYO GRANDE CLIFFORD MOSS, LLC
By:

Its:

Printed Name:

Approved By:

Caren Ray Russom
Mayor
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
Isaac Rosen, City Attorney
Attested By:

Jessica Matson, City Clerk

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ATTACHMENT 1
EXHIBIT "A"

SCOPE OF SERVICES
Potential Local Revenue Measure Election Feasibility & Public Communications Project
Proposed 2023-24 SCOPE OF SERVICES For City of Arroyo Grande PHASE 1: Assessment, Early Communications & Election Feasibility Work TIMELINE: Sept 2023 – Dec 2023 FEES: $7,500/month = $30,000; Poll:
$27,850. Total: $57,850.

Provider expenses: $1,000 cap. Program Costs NOT Included Here.

September 2023
 Confer and collaborate with City to set project schedule.  Participate in early launch meetings and provide an orientation of the process to City leaders.
 Review available background material on City needs and current communications systems.  Review City’s current public communications efforts; look for ways to enroll city’s communications infrastructure/assets and local elected leaders to message City's story of need effectively to the public.
 Work with City to conduct /complete early local revenue measure strategic assessment work.
 Help City understand its options for future public engagement and early LISTENING.  Provide preliminary public engagement/program recommendations by September 30, 2023.  Conduct customized public engagement orientation and training for City communicators.

October – November 2023
 Guide City’s early public engagement beta testing communications work that helps inform the research/polling process.
 Polling/Research: Under the direction of pollster True North Research, prepare for, and conduct poll.

December 2023
 Polling/Research: Under the direction of pollster True North Research, interpret and present results of City election feasibility research for 2024.  Pollster deliverables for 2023-24 poll: polling timeline, draft survey instrument, final survey instrument, topline report, crosstabulations by relevant questions and demographics, final report & presentation, project presentation (online/virtual setting) of baseline poll results.  Provide election feasibility assessment and recommendations by December 15, 2023.  If election feasibility is present and City chooses to move forward to prepare for a November 2024 election, help City with future (Phase 2) communications and public engagement planning for this project.

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ATTACHMENT 1
Ongoing – September – December 2023
 Participate in City project-related meetings (virtual/conference call/in-person) per allocated budget.
 Provide 2024 election feasibility recommendations for City’s preferred local revenue measure(s).
 Provide ongoing project-related strategic communications counsel as needed.

Contractor’s services do not include legal or financial advice or counsel of any kind.

Timelines subject to change based on real time conditions.

PHASE 2: Public Engagement & Communications Services as City Prepares and Qualifies a Local Revenue Measure for the Ballot, & Provides Public Information on Approach to the Election Window
TIMELINE: Jan – June 2024. FEE: $7,500/month @ 6 months = $45,000.

Provider expenses: $1,000 cap. Program Costs NOT Included Here.

January 2024
 If feasibility is present for a November 2024 ballot measure, provide input to City regarding the schedule to inform community and meet filing requirements and qualify City’s measure for the ballot.
 Conduct timely community/political analyses relating to City’s needs.  Assuming election feasibility is present for a November 2024 ballot measure, recommend a strategy, timeline and budget to help City continue to engage, inform, LISTEN, and gather input from residents and stakeholders on City needs and the City’s proposed plan to meet those needs (2024 ballot measure).

February – April 2024
 Guide City in implementing above public engagement and listening strategy.  Provide ongoing training and tools to support public engagement and listening strategy.  Provide recommendations for updating communications strategies based on real time conditions, to ensure effective strategies are in place to engage, inform, LISTEN, and gather input from residents and stakeholders.
 Continue assessing feasibility recommendations based on community input.  Report public engagement results to City.
 Review emerging ballot package with City.

May – June 2024
 Collaborate with City and its consultants to finalize City’s chosen ballot measure.  Guide City to inform and update City Council before Council takes action to call for an election.
 Provide input to City on communications with the Registrar of Voters.  Prepare City for information-only communications environment on approach to and when City’s measure has qualified for and is on the ballot (e.g. factual, information-only web content, fact sheets, FAQs, etc.).

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Ongoing – January – June 2024
 Participate in City project-related meetings (virtual/conference call/in-person) per allocated budget.
 Provide ongoing project-related strategic communications counsel as needed.

Contractor’s services do not include legal or financial advice or counsel of any kind.

Timelines subject to change based on real time conditions.

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EXHIBIT "B"

COMPENSATION
Consulting Fee $7,500 billed monthly for 10 months for a total of $75,000 Optional Travel $2,000
Public Opinion Research $27,850
Total expenditures should not exceed $115,000.

Page | 1

REQUEST FOR PROPOSAL
FOR

VOTER OPINION POLLING AND

PUBLIC EDUCATION AND OUTREACH SERVICES
RELEASE OF RFP: JUNE 14, 2023
DEADLINE FOR PROPOSALS: JULY 21, 2023 @ 12 NOON
ATTACHMENT 2

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education

INTRODUCTION
The City of Arroyo Grande (City), incorporated in 1911, is located on the California Central Coast midway between Los Angeles and San Francisco. The City is 5.45 square miles in area at an elevation of 114 feet, with a population of 18,469. The City is nestled between the Pacific Ocean, beautiful foothills, lakes, and world‐class wineries, with fine homes, fine schools, and a thriving agricultural and tourism‐based economy.

The City seeks to request proposals for voter opinion polling and public education/outreach services for a potential ballot measure in November 2024. The last voter opinion poll was conducted in 2019. In November 2022, the City placed a 1% Transaction & Use (Sales Tax) measure on the ballot. The measure did not pass.

Polling results will provide the necessary data for objective information for analysis by the City for consideration of a revenue measure on the November 2024 ballot. In the event the City moves forward with a ballot measure, the City is also seeking public education and outreach services.

SCOPE OF WORK
The City seeks a qualified consultant with a strong understanding of the Arroyo Grande community and demonstrated experience in business and residential community education and outreach. The City is considering submitting to the voters a local ballot measure that could generate revenue for public safety, infrastructure, and other services. Accordingly, the necessary experience and the services sought must include the following:

1. Voter opinion research and consulting services relating to revenue measures.

2. Performance of a community survey regarding a revenue measure, attitudes, and information sources, which includes, but is not limited to, a survey in relation to the forgoing (including drafting thereof).

3. Assisting with related public education and outreach on the above items (including the impact thereof), if requested.

4. Other related activities as may be requested by the City.

Public opinion research, education, and outreach in relation to the forgoing is paramount for a clear understanding of community needs, attitudes and information sources regarding the potential ballot measures and to educate the community on how the ballot measures may impact the City budget and programs. These Services shall include, but are not limited to, the following:

1. Methodology Development. Develop a methodology of communication to the community. This should include planned methods of communication (e.g., meetings, phone calls, flyers, mail surveys, etc.) and public opinion research.

2. Public Opinion Research. Produce, in English and Spanish,survey(s) (by electronic/physical written and telephone) of a sample size recommended by the consultant of voters.  Consultant shall:
a. Develop and design a survey questionnaire (in English and Spanish) in consultation with the City, including closed‐ended and demographic questions (“Survey”). b. Conduct telephone interviews using the Survey in both Spanish and English. c. Conduct an online survey using the Survey that will include at least two (2) email invite and two (2) text message reminders to those individuals that did not respond to such invitations. This includes internet hosting services for the Survey.

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education
d. Generate topline and cross tabulations of Survey results in an easy‐to‐read and comprehensive format of the City’s choosing.
e. Carry out the necessary data entry and analysis and any necessary reporting relating to the Survey.
f. Develop presentation and reporting materials for the Survey, including, but not limited to, a presentation of key findings of the Survey to the City Council and City staff as requested. This shall include, but not be limited to, a PowerPoint presentation. g. Provide ongoing consultation and further analysis of the Survey and research conducted pursuant to these Services.
h. Present detailed Survey and research results to the City Council if requested. i. Provide professional translation of any Services or tangible work product that is prepared and delivered pursuant to the services.
j. Provide raw data from the Survey in electronic form in a file format chosen by the City.

This raw data shall include, but not be limited to, the topline results of the Survey questionnaire; a complete set of crosstabsin an easy‐to‐read, comprehensive format; and verbatim responses to any open‐ended questions.
k. Provide graphic design services for all related materials.

3. Public Education and Outreach. Provide a calendar of activities and actions planned for the duration of the education and outreach effort. If the City proceeds with a ballot measure, Consultant shall engage in public education and outreach to ensure voters are informed and understand the proposed measure. This includes, but is not limited to, the following:
a. Provide written and oral communication in English and Spanish as requested by the City. b. Develop webpage information for the City’s website for public review and provide content improvements when requested.
c. Develop and design at least one (1) community, informational mailer. d. Provide graphic design services for all related materials. e. Facilitate community group meetings in coordination with City staff. f. Be responsible for receiving written reports/correspondence relating to all public education and outreach.

4. Reporting. Track public opinion research and education and outreach efforts and provide feedback to City staff that outlines program progress with written monthly and/or quarterly progress reports. Reports shall include information such as outreach events and activities, materials distributed, referrals, number of persons and businesses contacted, outcomes, and/or other information as requested by the City. Consultant shall also prepare information and statistical data for City Council members and City staff.

5. Additional Costs.  Include cost analysis for each additional 100 responses, as outlined in #2, Public Opinion Research.   Detail the statistical improvement based on receiving greater than the minimum of 300 responses.   Consultant may include additional tasks and costs that are not identified in the scope of services.

The consultant(s) should be prepared to provide opinion research results and recommendations to the City Council in early 2024.

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education

PROJECT SCHEDULE
Preliminary Schedule Tasks
June 14, 2023  Release of RFP
July 21, 2023  Proposals Due by 12 Noon
July 28, 2023  Complete proposal evaluations
Week of July 31, 2023  Conduct finalist interviews and finalize recommendation August 23, 2023  Execute Contract
September 1, 2023  Start Work
January 2024  Provide information to City Council
November 2024    Potential Ballot Measure

PROJECT BUDGET
Not to exceed $115,000 combined for both Voter Opinion Polling Services and Public Education based on projected time and resources.

GENERAL TERMS AND CONDITIONS

PROPOSAL REQUIREMENTS

1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFP specifications.

2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials.

Proposal documents shall be sent either electronically to [email protected] or a paper copy can be enclosed in an envelope that shall be sealed and addressed to the City of Arroyo Grande Attn: Jessica Matson, City Clerk, 300 E. Branch Street, Arroyo Grande, CA 93420. To guard against premature opening, the proposal should be clearly labeled with the proposal title, name of bidder, and date and time of proposal opening.

3. Insurance Certificate.  Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self‐insured retention.

The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Exhibit C.

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education

4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be included in the proposal. Any lump sum bid shall be stated in figures.

5. Proposal Withdrawal and Opening.  A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Clerk for its withdrawal, in which event the proposal will be returned to the bidder unopened.  No proposal received after the time specified or at any place other than that stated in the “Notice Inviting Bids/Requesting Proposals” will be considered.

6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested as the primary submitter in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub‐proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub‐proposal or from quoting prices to other bidders submitting proposals.

7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged but will be permitted.  However, any such oral communication shall not be binding on the City.

CONTRACT AWARD AND EXECUTION

8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 daysfor examination and comparison. The City also reservesthe right to waive non‐substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions” in Section C of these specificationsfor proposal evaluation and contract award criteria. By submitting a proposal, proposer agrees to the substantive terms contained within this RFP and the draft, attached Professional Services Agreement, subject to changes made in City’s sole discretion.

9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, all information that the City deems necessary to make such a decision.

10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award 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.

CONTRACT PERFORMANCE

11. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section 3.3.11 of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution.

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education

12. Business License & Tax. The Contractor must have a valid City of Arroyo Grande business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 473‐5400.

13. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with all federal, state, county, city, and special district laws, ordinances, and regulations.

14. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable county, state, and federal laws, and City of Arroyo Grande ordinances, regulations, and adopted codes during its performance of the work.

15. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.

16. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

17. Contractor Non‐Discrimination. In the performance of this work, the Contractor agreesthat it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.

18. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City’s sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there isinsufficient time to grantsuch extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.

19. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor.

20. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the City’sinspection and approval. The inspection ofsuch work shall not relieve Contractor of any of its obligations to fulfill its contract requirements.

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21. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor.

22. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed.

The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City.

23. Hold Harmless and Indemnification.
(a) Non‐design, non‐construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents(“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemniteestheir costs of defense, including reasonable legal fees, incurred in defense of such claims.
(b) Non‐design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultantshall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professionalservices” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials,

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officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultantshall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.  In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs.

(d) The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract.

The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.

24. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City.

25. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off‐the‐shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement.

For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s directions asto work in progress and finished goods.

26. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency.

If the Contractor has not performed the work or cured the deficiency within the ten daysspecified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except,

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however, any and all obligations of the Contractor’s surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the terminations thereof.

In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractorshall be based solely on the City’s assessment of the value of the work‐ in‐progress in completing the overall work scope.

The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal.

PROPOSAL CONTENT
Proposal Content.  Your proposal must include the following information:

Submittal Forms
 Proposal submittal summary.
 Certificate of insurance.
 References from at least three firms for whom you have provided similar services.  At least two sample voter opinion surveys and examples of related public outreach materials and/or website you have produced for a public sector client in the past five years.  Assurance that data and information regarding the required services can be provided and collaborated on digitally.

Qualifications
 Experience of your firm and those of sub‐consultants in performing work and projects relevant to the Scope of Services outlined and described in the request.  Resumes of the individuals who would be assigned to this project, including any sub‐ consultants, with their corollary experience highlighted and specific roles in this project clearly described.
 Standard hourly billing rates for the assigned staff, including any sub‐consultants.  Statement and explanation of any instances where your firm or sub‐consultant has been removed from a project or disqualified from proposing on a project.

Work Program
 Detailed description of your approach to completing the work.  Detailed schedule by task and sub‐task for completing the work.

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 Estimated hours for your staff in performing each phase and task of the work, including sub‐ consultants, so we can clearly see who will be doing what work, and how much time it will take.
 Detailed budget by task and sub‐task for completing the work.  Services or data to be provided by the City.
 Services and deliverables provided by the Consultant(s).  Any other information that would assist us in making this contract award decision.  Description of assumptions critical to development of the response which may impact cost or scope.
 Availability of consultant to present findings to City Council.

Requested Changes to Terms and Conditions
The City desires to begin work soon after selecting the preferred Consultant Team. To expedite the contracting process, each submittal shall include requested redlined changes to terms and conditions, if necessary.

Proposal Length
Proposal length should only be as long as required to be responsive to the RFP, including attachments and supplemental materials.

Proposal Evaluation and Selection.   Proposals will be evaluated by a review committee and evaluated on the following criteria:
 Understanding of the work required by the City.
 Quality, clarity and responsiveness of the proposal.
 Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City.
 Recent team experience in successfully performing similar services.  Creativity of the proposed approach in completing the work.  Value.
 Writing skills.
 References.
 Background and experience of the specific individuals managing and assigned to this project.

As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City.  After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation.

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Proposal Review and Award Schedule.  The following is an outline of the anticipated schedule for proposal review and contract award:
 Issue RFP             06/14/2023
 Receive proposals           07/21/2023
 Complete proposal evaluations         07/28/2023
 Conduct finalist interviews and finalize recommendation 07/31/2023 (week of)  Execute contract           08/23/2023
 Start work             09/01/2023
Ownership of Materials.  All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand.

Release of Reports and Information.  Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of the City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City.

Copies of Reports and Information.  If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense.

Required Deliverable Products.  The Contractor will be required to provide:
 One electronic submission ‐ digital‐ready original .pdf of all final documents. If you wish to file a paper copy, please submit in sealed envelope to the address provided in the RFP.  Corresponding computer files compatible with the following programs whenever possible unless otherwise directed by the project manager:

Word Processing:   MS Word
Spreadsheets:     MS Excel
Desktop Publishing:   InDesign
Virtual Models:     Sketch Up
 City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate.

ALTERNATIVE PROPOSALS
 Alternative Proposals.  The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way.   In this case, the

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proposer must provide an analysis of the advantages and disadvantages of each of the alternative and discuss under what circumstances the City would prefer one alternative to the other(s).  Attendance at Meetings and Hearings.  As part of the work scope and included in the contract price is attendance by the Contractor at up to one public meeting to present and discuss its findings and recommendations.  Contractor shall attend as many "working" meetings with staff as necessary in performing work‐scope tasks; such meetings may be telephonic or computer based using standard collaboration tools.
 Accuracy of Specifications.   The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact.  Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package.  In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession.   Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defectshall give rise to a duty of bidder to inquire priorto proposalsubmittal.  Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder.  An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect.  Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.

To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project’s objective or standard beyond the amounts provided there for in the proposal.

In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City.  Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute.

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FORM OF AGREEMENT

CITY OF ARROYO GRANDE

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Arroyo Grande, a municipal corporation organized under the laws of the State of California with its principal place of business at 300 E. Branch Street, Arroyo Grande, California 93420, County of San Luis Obispo, State of California ("City") and __________, a __________, with its principal place of business at _____________ ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing _________ services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the ____________ project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional _________ consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from ___________ to ____________, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall

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not exceed __________ ($_______) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that

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certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
___________.

3.3.5 City's Representative. The City hereby designates Jessica Matson, City Clerk, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates ___________, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

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3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the

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Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to

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transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial

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General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance

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in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: __________________
__________________
__________________
ATTN: ____________
City: City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
ATTN: Jessica Matson, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any

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patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Luis Obispo County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this

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Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of

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which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ARROYO GRANDE AND
________________
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ARROYO GRANDE [CONSULTANT]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Caren Ray Russom
Mayor
Approved as to Form:
_____________________________________
Isaac Rosen, Best Best & Krieger LLP
City Attorney
Attested By:

Jessica Matson, City Clerk

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EXHIBIT "A"

SCOPE OF SERVICES

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EXHIBIT "B"

SCHEDULE OF SERVICES

EXHIBIT "C"

COMPENSATION

Item 9.g.

MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk BY: Sarah Lansburgh, Deputy City Clerk/Communications Coordinator SUBJECT: Consideration of Appointment of a Voting Delegate for the League of California Cities Annual Conference
DATE: August 22, 2023
SUMMARY OF ACTION:

Appointment of Council Member Jim Guthrie as a voting delegate to act on general and petitioned Resolutions at the League of California Cities Annual Conference and authorize submittal by the City of the League of California Cities’ Voting Delegate/Alternate Form.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The cost for a Member City delegate to attend the League of California Cities Annual Conference is included in the FY 2023-24 City Council Training budget. No additional costs are associated with the appointment of a voting delegate for the Annual Conference.

RECOMMENDATION:

Appoint Council Member Jim Guthrie as the voting delegate for the League of California Cities Annual Conference and authorize submittal by the City of the League of California Cities’ Voting Delegate/Alternate Form.

BACKGROUND:

This year’s League of California Cities (League) Annual Conference is scheduled to take place September 20-22, 2023. One important activity of the Conference is the annual General Assembly meeting, to be held on Friday, September 22, when the membership acts on Conference Resolutions. Annual Conference Resolutions guide the League and its members in their efforts to improve the quality, responsiveness, and vitality of local government in California. League bylaws state, “Each Member City may, with the approval of the city council, designate a city official as the city’s designated voting delegate…”.

Item 9.g.

City Council
Consideration of Appointment of a Voting Delegate for the League of California Cities Annual Conference
August 22, 2023

ANALYSIS OF ISSUES:

Designated voting delegates registered to attend the Annual Conference constitute the League’s General Assembly. As of the production of this report, Council Member Jim Guthrie is the City of Arroyo Grande representative registered to attend the Conference.

The deadline to submit policy resolutions to the Annual Conference was July 22, 2023.

No policy resolutions were received by the deadline for consideration. Petitioned resolutions may still be introduced during the conference, and if qualified, considered by the General Assembly.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Appoint Council Member Jim Guthrie as the voting delegate for the League of California Cities Annual Conference; or

2. Provide other direction to staff.

ADVANTAGES:

Participation in the General Assembly enables the City to have an impact on issues that are important to city government and that guide the League’s activities, assists the League in its efforts by ensuring its direction is representative of all member cities, and helps the City to obtain support for Resolutions that may be proposed by the City or may be important to the City in the future.

DISADVANTAGES:

No disadvantages have been identified.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Attachments:

1. League of California Cities Memorandum Regarding Voting Delegates and Alternates

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
ATTACHMENT 1

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). Page 171 of 370 1 Item 9.h.

ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL
August 8, 2023, 5:00 p.m.

Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Council Member Guthrie, Council Member Secrest
Council Members Absent: Mayor Pro Tem Barneich, Council Member George
Staff Present: City Clerk Jessica Matson, City Attorney Isaac Rosen, Interim City Manager Bill Robeson,
Administrative Services Director Nicole
Valentine, Community Development Director
Brian Pedrotti, Planning Manager Andrew
Perez
This meeting was conducted in a hybrid in-person/virtual format. _____________________________________________________________________

1. CALL TO ORDER
Mayor Ray Russom called the meeting to order at 5:01 p.m.

2. ROLL CALL
City Clerk Matson took roll call. Council Member Secrest was absent at the time of roll call.

3. FLAG SALUTE

4. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Ray Russom invited public comment. No public comments were received.

5. CLOSED SESSION
City Attorney Rosen announced that the City Council will recess to a closed session for the following and will report any reportable action at the City Council Regular meeting at 6:00 p.m.:
a) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

1. Employee Organization: Arroyo Grande Police Officers’ Association

2 Item 9.h.
a. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services

2. Employee Organization: Service Employees International Union, Local 620 a. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services

3. Unrepresented Management Employees
a. City-designated negotiators: Che Johnson, Special Labor Counsel

4. City Manager
a. City-designated negotiators: Che Johnson, Special Labor Counsel b) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b):

PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
City Council adjourned to Closed Session at 5:04 p.m.

Council Member Secrest joined the meeting at 5:07 p.m.

6. ADJOURNMENT
The meeting was adjourned at 5:58 p.m.

REGULAR MEETING 6:00 P.M.
_____________________________________________________________________

1. CALL TO ORDER
Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m.

2. ROLL CALL
City Clerk Matson took roll call.

3. MOMENT OF REFLECTION

4. FLAG SALUTE
Mayor Ray Russom led the flag salute.

5. AGENDA REVIEW

5.a Closed Session Announcements
City Attorney Rosen noted that Council Member Secrest arrived at 5:07 p.m. for purposes of transacting closed session business as listed on the agenda.

3 Item 9.h.

City Council Closed Session Meeting of August 8, 2023
a) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

1. Employee Organization: Arroyo Grande Police Officers’ Association a. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services

2. Employee Organization: Service Employees International Union, Local 620 a. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services

3. Unrepresented Management Employees
a. City-designated negotiators: Che Johnson, Special Labor Counsel

4. City Manager
a. City-designated negotiators: Che Johnson, Special Labor Counsel b) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b):

PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
City Attorney Rosen announced that there was no reportable action.

5.b Ordinances read in title only
None.

6. SPECIAL PRESENTATIONS

6.a Interim City Manager Communications
Interim City Manager Robeson provided information regarding the Fair Oaks Water Main Project; AGPD Security Camera Project; and Tally Ho Right of Way bumpout.

Mayor Ray Russom invited public comment. No public comments were received.

No action was taken on this item.

Receive correspondence/comments as presented by the Interim City Manager and Provide direction, as necessary.

7. COUNCIL REPORTS
None.

Reports are made during the Second Council Meeting each month.

8. COMMUNITY COMMENTS AND SUGGESTIONS

4 Item 9.h.

Mayor Ray Russom invited public comment. Speaking from the public was No Name Provided. No further public comments were received.

9. CONSENT AGENDA
Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion.

Mayor Ray Russom invited public comment. No public comments were received.

Moved by Council Member Guthrie
Seconded by Council Member Secrest
Approve Consent Agenda Items 9.a. through 9.h., with the recommended courses of action.

AYES (3): Council Member Guthrie, Council Member Secrest, and Mayor Ray Russom ABSENT (2): Mayor Pro Tem Barneich, and Council Member George Passed (3 to 0)

9.a Consideration of Cash Disbursement Ratification
1) Ratified the listing of cash disbursements for the period of July 1 through July 15, 2023; 2) Determined that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.b Consideration of Statement of Investment Deposits
1) Received and filed the attached report listing investment deposits of the City of Arroyo Grande as of June 30, 2023, as required by Government Code Section 53646(b); 2) Determined that receiving the report of investment deposits is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.c Authorization to Submit Water Infrastructure Finance and Innovation Act (WIFIA) Application for Central Coast Blue Project and Incur Related Loan Application and Issuance Costs
Authorized the Interim City Manager to submit an application to the Environmental Protection Agency (EPA) for a Water Infrastructure Finance and Innovation Act (WIFIA) loan to fund the City’s share of Central Coast Blue (CCB) project costs and incur related costs related to the application and appropriate $55,000 from the Water Enterprise Fund Balance.

9.d Approval of Minutes
Approved the minutes of the Special and Regular City Council Meeting of July 25, 2023, as submitted.

5 Item 9.h.

9.e Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY WITHIN THE CITY OF ARROYO GRANDE (ONGOING STORM EVENTS BEGINNING DECEMBER 27, 2022)"; and 2) Make findings that adopting the Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because the continued declaration in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.f Consideration of Rejection of All Bids for the Arroyo Grande Police Department Camera System Project, PW 2023-10
Rejected all Bids for the Arroyo Grande Police Department Camera System Project (Project) and directed staff to reissue a Request for Proposal for design of this project, and subsequently competitively bid the construction of the project.

9.g Consideration of Approval of 191 Tally Ho Frontage Improvement Project 1) Approved the construction plans and specifications for the Project; 2) Authorized the City Clerk to advertise for construction bids; 3) Found that the project is categorically exempt from the California Environmental Quality Act (CEQA) under a Class 2 exemption, pursuant to Guidelines Section 15302; and 4) Directed the City Clerk to file a Notice of Exemption.

9.h Consideration of Budget Amendment for Parklet Concrete Barriers and Planters 1) Approved a budget amendment of $90,000 from general fund reserves for the purchase of decorative concrete barriers and planters and street signs associated with the long-term parklets program; 2) Made findings that continuing administrative or maintenance activities— such as purchases for supplies, personnel-related actions, and general policy and procedure making—do not qualify as a project under CEQA.

10. PUBLIC HEARINGS
None.

11. OLD BUSINESS

11.a Safe Parking Ordinance Update
Planning Manager Perez presented the staff report and responded to questions from Council.

Mayor Ray Russom invited public comment. Speaking from the public was No Name Provided.

No further public comments were received.

Council directed staff to bring back the Ordinance for Council consideration with language regarding specifics for social services providers on what services would need to be provided.

No action was taken on this item.

12. NEW BUSINESS

6 Item 9.h.

None.

13. COUNCIL COMMUNICATIONS
None.

14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 6:28 p.m.
_________________________
Caren Ray Russom, Mayor
_________________________
Jessica Matson, City Clerk

Item 9.i.

MEMORANDUM
TO: City Council
FROM: Michael Martinez, Chief of Police
BY: David Culver, Police Commander
SUBJECT: Consideration to Approve an Exclusive Vendor Police Tow Service Agreement Extension with College Towing South
DATE: August 22, 2023
SUMMARY OF ACTION:

Approval of an extension of an exclusive police tow service agreement with College Towing South.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

This action will generate an administrative fee of $62 for each tow as established under the terms of the contract. Based on previous years, an exclusive tow agreement generates approximately $13,000 a year in net revenue to the City over a two-year contractual period.

RECOMMENDATION:

Authorize the Interim City Manager to execute a two-year extension for the exclusive vendor police tow service Agreement with College Towing South for towing services with several modified terms, described herein.

BACKGROUND:

In 2017, the City entered into an exclusive vendor police tow service agreement for light duty towing, after a request for proposal (RFP) process in which proposals were solicited from 15 vendors from both San Luis Obispo and Santa Barbara Counties. Only two (2) proposals were received in 2017 by the Police Department. At that time, College Towing South submitted the lowest proposal that complied with the Police Department towing requirements and was granted the exclusive vendor police tow service agreement in 2017 for light-duty towing. This process was repeated in 2019 and 2021, meaning an RFP was issued after the 2-year exclusive vendor police tow service agreements with College Towing South expired in 2019 and 2021, respectively. Under the City’s Purchasing Policy, the Police Department would not need to expend the time and resources every 2- years to issue a formal RFP, which is a byproduct solely of the Police Department’s

Item 9.i.

City Council
Consideration to Approve an Exclusive Vendor Police Tow Service Agreement Extension with College Towing South
August 22, 2023

Towing Policy, which is incorporated into the towing vendor contract. As part of this extension with College Towing South (the only vendor who responded to City’s 2021 RFP), City is recommending removal of that RFP requirement and language that requires the fees charged for each tow be tied to a competitive bid process.

ANALYSIS OF ISSUES:

The Police Department has entered into exclusive vendor police tow service agreements with College Towing South since 2015 through these present, and the current 2-year contract is set to expire on September 11, 2023. In anticipation of the agreement's expiration, the Police Department solicited an informal bid from the existing vendor.

College Towing South and reviewed and submitted the contract bid for service fees for the 2023-2025 term attached and referenced in Attachment 1. The Agreement before the City Council, with the exception of the term dates and fees, and removal of the 2-year RFP requirement/competitive bid language within the City’s Towing Program which is incorporated into the contract, is unchanged from the 2015, 2017, 2019 and 2021 tow service agreements between the City and College Towing South.

The Police Department has had an exclusive contract agreement with College Towing South since 2015 and has followed its RFP requirements since that time. College Towing has provided adequate service to the City during these contractual time periods. College Towing has met the Police Department’s needs as stipulated in the contractual agreement and provides annual net revenue to the City in undertaking an important function of the Police Department. The revisions to the exclusive vendor police tow service agreement are consistent with the City’s Purchasing Policy, which would not require a formal RFP for a contract that brings net revenue to the City annually.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Approve staff’s recommendation and authorize the City Manager to execute a two-year exclusive vendor police tow service agreement with College Towing South;

2. Do not approve staff’s recommendation; or

3. Provide direction to staff.

ADVANTAGES:

Approving staff’s recommendation would continue the practice of awarding exclusive vendor police service tow agreements for the next two-year term. In addition, approving staff’s recommendation would ensure consistency in the Police Department’s mandated high standards of police tow service while maintaining the revenue stream that recovers the actual and reasonable costs incurred in connection with the towing service program.

Item 9.i.

City Council
Consideration to Approve an Exclusive Vendor Police Tow Service Agreement Extension with College Towing South
August 22, 2023

DISADVANTAGES:

There are no known disadvantages currently.

ENVIRONMENTAL REVIEW:

The contract for towing services is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines §§ 15060, subd. (b)(2)-(3), 15378.) The towing contract and related towing activities will not cause a physical change to the environment because the actions undertaken in this contract will not result in alteration of land or existing structures. Alternatively, the towing contract and related towing activities is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).) College Towing will transport cars using tow trucks, and emissions generated will be within normal ranges for light-duty towing operations.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Attachments:

1. Proposed Revised City of Arroyo Grande Tow Service Agreement

2. Proposed Revised Arroyo Grande Police Department Towing Program (incorporated into the contract)

ATTACHMENT 1
1 CITY OF ARROYO GRANDE

TOW SERVICE AGREEMENT
This AGREEMENT is made and entered into this 22nd day of August, 2023 by and between the CITY OF ARROYO GRANDE, (hereinafter referred to as “CITY”) and College Towing South, whose address is 94 Atlantic City Ave., Grover Beach, CA 93420 (hereinafter referred to as “Operator”), and is made with reference to the following:

I. RECITALS
A. The City of Arroyo Grande Police Department (“AGPD”) has established a Towing Program in order to provide for the designation of a specific company as the police tow service provider. The AGPD desires to ensure the availability of prompt, efficient and reliable police towing services in emergency or arrest situations and in the removal of vehicles that are abandoned, involved in an accident, or constitute an obstruction to traffic because of mechanical failure within the CITY.

B. In accordance with the AGPD Towing Program, it is the purpose of this Agreement to provide a fair and impartial means of reviewing competitive bids for police towing services from qualified Operators and to ensure that such service is prompt and reasonably priced and in the best interests of the public as well as the interest of efficient policing operations for the removal of vehicles from public property.

C. The Chief of Police of the Arroyo Grande Police Department has selected College Towing South to operate as the AGPD’s exclusive tow service company to provide light-duty tow service at the request of the Police Department throughout the CITY.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the undersigned parties agree as follows:

II. TERM
A. The term of this Agreement shall be for two (2) years, and shall commence on the 11th day of September, 2023, and shall terminate on the 12th day of September, 2025, unless terminated earlier as set forth herein.

ATTACHMENT 1
2 III. SERVICES TO BE PERFORMED BY OPERATOR
A. The Operator agrees to operate as the AGPD’s exclusive light-duty police tow service company pursuant to the terms of this Agreement.

B. All services of the Operator shall be performed in accordance with the AGPD Towing Program requirements, a copy of which is attached hereto as Exhibit “A,” and made a part of this Agreement as if fully set forth at this point.

IV. RATES AND FEES
A. The Operator shall charge the rates and fees for services in accordance with the AGPD Towing Program requirements and Operator’s proposal attached hereto as Exhibit “B” and made a part of this Agreement as it falls set forth at this point.

B. In accordance with this Agreement, the Operator shall pay to the CITY a fee of $62 for each vehicle provided tow service at the request of the AGPD for which a CHP 180 Form is
completed. The parties agree that based upon the analysis contained in the Staff Report dated January 12, 2010 from the Chief of Police to the Arroyo Grande City Council, this fee represents an amount necessary for the CITY to recover its actual and reasonable costs incurred in connection with its towing service program, consistent with the requirements of Vehicle Code Section 12110(b).

1. Fee payments shall be made on a quarterly basis to the Director of Administrative Services for the CITY, payable no later than the 15th calendar day of the month following the close of each preceding quarter.

V. INDEPENDENT CONTRACTOR
A. The parties of this Agreement intend that the relationship between them created by this Agreement is that of CITY-independent contractor. The manner and means of conducting the work are under the control of the Operator, except to the extent limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of the Operator’s services. None of the benefits provided by the CITY or the AGPD to its employees, including but not limited to unemployment insurance, workers’ compensation insurance, retirement and deferred compensation plans, vacation and sick leave, are available from the CITY to the Operator, its employees or agents.

ATTACHMENT 1
3 VI. HOLD HARMLESS
A. The Operator shall indemnify, defend and hold harmless the CITY, its City Council, boards and commissions, officers, agents, servants and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses (including attorney’s fees) for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of the Operator, its employees, agents or subcontractors which arise out of or result from, or occur in connection with the Operator’s performance of services pursuant to this Agreement. This hold harmless and indemnification provision shall survive termination of this Agreement.

VII. INSURANCE
A. Without limiting the indemnification provided in Section VI above, the Operator shall obtain and maintain throughout the term of this Agreement, at the Operator’s sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the services provided by the Operator under this Agreement. On or before the commencement of the term of this Agreement, the Operator shall furnish the CITY with certificates showing the type, amount, class or operations covered by such insurance, and the effective dates and dates of expiration of such insurance policies. Such certificates shall also contain substantially the following statement: “The insurance covered by this certificate will not be canceled or materially altered, except after thirty (30) days written notice has been received by the CITY.” B. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact the business of insurance in the State of California, with an assigned policyholders’ Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide, unless otherwise approved by the CITY Director of Administrative Services. The policies required are as follows:

1. Commercial Liability: The Operator shall obtain and maintain at all times during the term of this Agreement comprehensive general commercial liability insurance covering third-party liability risks in a minimum amount of $2 million combined single limit per occurrence for bodily injury, personal injury and property damage.

2. Automobile Liability: Commercial automobile liability and property insurance covering any vehicles owned, leased,

ATTACHMENT 1
4 hired or borrowed by the Operator in a minimum amount of $2 million combined single limit per occurrence for bodily injury and property damage, and shall include sudden and
accidental coverage.

3. Workers’ Compensation: The Operator shall maintain full Worker’s Compensation Insurance for all persons for whom it employs in accordance with the requirements of the most current and applicable State Workers’ Compensation
Insurance laws in effect

4. Subrogation Waiver: The Operator agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, the Operator shall look solely to its insurance for recovery. The Operator hereby grants to the CITY, on behalf of any insurer providing insurance to either the Operator or the CITY with respect to the services of the Operator herein, a waiver of any right of subrogation that any such insurer of said the Operator may acquire against the CITY by virtue of the payment of any loss under such
insurance.

5. Additional Insured: The CITY, its City Council, boards and commissions, officers, agents, servants and employees shall be named as an additional insured on all policies of insurance required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured and an additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to the CITY primarily, and to the Operator secondarily, if necessary.

C. The Operator agrees that if any policy of insurance required by this Agreement is not maintained in full force and effect, the Chief of Police or his/her designee may, in his/her sole discretion, suspend this Agreement, immediately, until such time as the required insurance is in effect and the required certificates and endorsements are delivered to the CITY.

ATTACHMENT 1
5 XVII. PROHIBITION AGAINST TRANSFER
A. The Operator shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise, without the prior written consent of the CITY.

Any attempt to do so without the consent of the CITY shall be null and void, and any assignee, subleasee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate or transfer.

B. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of the Operator, or of the interest of any general partner or joint venture or syndicate member or cotenant, which shall result in change in the control of the Operator, shall be construed as an assignment of this Agreement.

Control means fifty percent (50%) or more of the voting power of the corporation, partnership, joint venture, syndicate, or co-tenancy.

XVIII. PERMITS AND LICENSES
A. The Operator, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services provided hereunder including, but not limited to CITY zoning and business license requirements and the appropriate display of the business license on a tow vehicle or business location.

XIX. NOTICES
A. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and shall be deemed served when delivered personally or on the second business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided.

All notices, demands, requests or approvals from the Operator to the CITY shall be addressed to the Arroyo Grande Police Department at:

Arroyo Grande Police Department
200 North Halcyon Road
Arroyo Grande, California 93420
Attention: Chief of Police
All notices, demands, requests or approvals from the CITY to the Operator shall be addressed to Operator at:
94 Atlantic City Ave., Grover Beach, CA 93420

ATTACHMENT 1
6 XX. TERMINATION OF AGREEMENT
A. The grounds for termination of this Agreement include breach of any terms of this Agreement. In the event the Operator has breached the terms of this Agreement or other grounds for termination exist, the CITY shall provide written notice of the nature of the default and the steps necessary to cure the default. If such default is not cured within a period of two (2) days after receipt by the Operator of written notice of default, this Agreement may be terminated by the Chief of Police by giving written notice to the Operator. Notice that the Agreement has been terminated shall state the reasons for termination.

Notwithstanding any other term or provision of this Agreement, either party may terminate this Agreement upon 30 days written notice.

XXI. COST OF LITIGATION
A. If any legal action is necessary to enforce any provisions of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all reasonable attorneys’ fees and costs.

XXII. COMPLIANCE WITH ALL LAWS
A. The Operator shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by the CITY.

XXIII. WAIVER
A. A waiver by the CITY of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character.

XXIV. INTEGRATED CONTRACT
A. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the CITY and the Operator.

The CITY hereby reserves every right and power, in the exercise thereof, which is reserved or authorized by any provision of any

ATTACHMENT 1
7 lawful ordinance or resolution of the CITY, whether enacted before or after the effective date of this Agreement. Neither the decision to select the Operator as a rotational police tow service provider nor any provision of this Agreement shall constitute a waiver or a bar to the exercise of any governmental right or power of the CITY.

XIV. OPERATOR MEETINGS
A. As necessary, the Chief of Police or his/her designee will schedule and chair a meeting with the Operator. The purpose of the meeting will be to discuss and, if possible, resolve mutual problems. While attendance is not mandatory, it is strongly encouraged.

B. The undersigned agrees that as a condition for inclusion in the towing list of the AGPD, he/she will fully comply with the Agreement and all towing service procedures as established by the AGPD.

Furthermore, the undersigned agrees that any failure to fully comply with the provisions of this Agreement, by him/her or anyone in his/her employment may be cause for immediate suspension or removal from the towing list and/or termination of the Agreement, upon notification by the Chief of Police.

ATTACHMENT 1
8 IN WITNESS THEREOF, the parties hereto have caused the Agreement to be executed the day and year first above written.

CITY OF ARROYO GRANDE CONTRACTOR
By: By:

Bill Robeson, Interim City Manager
Its:
(Title)
Attest:

Jessica Matson, City Clerk
Approved As To Form:

Isaac Rosen, City Attorney

ATTACHMENT 1
9 College Towing Inc
94 Atlantic City Ave
Grover Beach Ca 93433
805-489-8600
08-02-2023
Arroyo Grande Police Dept. Exclusive Contract Proposal For the next two years All calls where the CHP 180 form is used $310.00 per hour 1 hour minimum $5.17 per minute after the first hour.

Non-CHP 180 form calls $310.00 per hour ½ hour minimum $5.17 per minute after the first ½ hour.

Outside storage $60.00 per day
Inside storage $100.00 per day

Revised 08/07/2023.

ATTACHMENT 2
Exhibit A

ARROYO GRANDE POLICE DEPARTMENT

TOWING PROGRAM
I. PURPOSE AND INTENT
This Towing Program is established to set forth standards to provide for a method of establishing a towing program whereby a towing service company can be designated the exclusive police tow service provider for the Arroyo Grande Police Department (AGPD). The AGPD desires to ensure the availability of prompt, efficient and reliable police towing services in emergency or arrest situations and in the removal of vehicles that are abandoned, involved in an accident, or constitute an obstruction to traffic because of mechanical failure within the City of Arroyo Grande (City).

It is the purpose and intent of this Towing Program to provide a fair and impartial means of requesting bid proposals for police towing services from qualified tow companies (hereinafter called "Operator") and to ensure that police towing service is prompt and reasonably priced and in the best interests of the public as well as the interest of efficient policing operations for the removal of vehicles from public property. Agreements entered into by the City pursuant to this Towing Program shall be exclusive based upon a review of the bids submitted that are consistent with the specifications of the AGPD.

II. OPERATOR AGREEMENT AND TOWING PROCEDURE.

A. The City may enter into an Agreement with an Operator to provide exclusive towing service for the AGPD pursuant to the terms of this Towing Program.

8. The Operator shall be available on a 24-hour, 7-day a week basis and the area of availability of such service shall be within the incorporated City limits. The Operator shall provide a 20-minute response time. In the event the Operator is unable to respond or will be delayed, AGPD Dispatch shall be notified immediately and another tow service company may be requested by the AGPD.

Ill. RATES AND FEES.

Revised 08/07/2023.

1. Based upon the rates submitted, the Chief of Police or his/her designee shall determine the lowest reasonable bid that is consistent with the requirements of the AGPD.
a. A reasonable rate shall be not in excess of 115% of the average of rates charged for similar services by all
competitive bids submitted by the Operators.

2. The rates shall apply to all vehicles towed at the request of the AGPD, whether or not a CHP Form 180 is completed,
including vehicles towed at the driver's/owner's request if the driver/owner does not specifically request the contract Operator. For example, a vehicle involved in a traffic collision may be towed at the request of the driver/owner because the driver/owner has no preference for a specific Operator, but a CHP Form 180 would not be completed. The AGPD rates
shall apply to that vehicle.

3. The rates submitted shall be all-inclusive based upon the type of towing service, e.g. light, medium or heavy duty.

8. An Operator who submits a rate that is determined by the Chief of Police or his/her designee to be unreasonable shall be allowed to resubmit rates only onetime. 1 If the re-submitted rate is determined to be unreasonable, the Operator shall be disqualified until the next enrollment period.

2. The Operator shall be provided with written notification regarding disqualification within thirty (30) days.

C. Rate requirements represent the maximum the Operator may charge.

The Operator is not precluded from charging less when deemed appropriate by the Operator.

1. These requirements shall not be construed as requiring a charge if an Operator would not normally charge for a specific service.

D. In an effort to remain competitive in the open market, the Operator may lower retail rates at any time by notifying the AGPD. When the Operator lowers the retail rate, that retail rate becomes the Operator's new approved rate. Operators may raise rates for non- AGPD calls at any time.

Revised 08/07/2023.

E. Any Operator who charges rates above the submitted rates for an AGPD call shall be in violation of the Agreement and subject to disciplinary action up to and including termination of the Agreement.

F. No Operator or employee shall refer to any rate as a required or "AGPD Rate."
G. The approved schedule of rates charged by the Operator shall be available in the tow vehicle and shall be presented upon demand to the vehicle owner/agent for whom the tow service was provided or to any AGPD member at the scene.

H. There shall be no additional charge for moving, e.g. driving, towing, pushing or utilizing a forklift a stored vehicle from inside an Operator's storage yard to the front of the business establishment.

I. Operators may only raise rates during the RFP period or upon approval after a mid-term agreement review.

J. The rate for towing service shall be computed from portal to portal when a vehicle is towed to the Operator's storage yard.

1. Portal to portal is defined as follows: Time shall start from either the point of dispatch or upon departure from the place of business, whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or completion of the call, if any other call is pending, whichever is shorter.

2. The time expended for towing a vehicle back to the Operator's storage yard shall be charged at a rate not to exceed the hourly rate. Time expended in excess of the hourly rate shall be in no more than one-minute increments. There shall be no additional charges for mileage, labor, etc.

K. The Operator may charge up to a one-hour minimum per call on AGPD response calls.

L. The Operator may submit two tow rates to the AGPD: One rate for calls originating during normal business hours and another rate for calls originating after normal business hours.

M. The Operator shall base towing charges upon the class of vehicle being towed regardless of the class of tow vehicle used, except when the vehicle recovery operation requires a large class tow vehicle.

Revised 08/07/2023.

1. The Operator shall only provide bids on the type of towing service, i.e. light, medium or heavy duty, that the Operator can provide with his/her own company. As such, based upon a review of the bids, it may be necessary to determine one designated Operator for light and medium duty towing service and another designated Operator for heavy duty towing
service.

N. Fees for special operations shall be reasonable and consistent with industry standards for similar operations. -

0. Storage Fees

1. The Operator shall submit proposed storage fees for inside and outside storage to the AGPD. The Chief of Police or his/her designee shall determine the reasonableness of the storage fees for inside and outside storage based upon the average of the proposed storage fees submitted.
a. Fees charged for storage of a vehicle originating from the AGPD shall be reasonable and not in excess of
115% of the average of rates charged for similar
storage services by all competitive bids submitted by
the Operators.
b. The Operator shall display in plain view at all cashiers' stations a sign as described in Section 3070(d)(2)(E) of the Civil Code disclosing all storage fees and charges
in force, including the maximum storage rate.
c. Vehicles stored 24 hours or less shall be charged no more than one-day storage pursuant to Section
3068.1(a) of the Civil Code. Each day thereafter may be calculated on a full calendar-day basis, pursuant to
Section 3068.1(a) of the Civil Code.
d. Inside storage fees shall only be charged when inside storage is requested by the AGPD, registered owner,
legal owner, insurance company, or when inside
storage can be reasonably justified by the Operator.

P. AAA Rates

1. If an AGPD tow and/or storage involves a vehicle subject to special tow and/or storage rates, e.g. AAA or a similar company requested by the driver/owner, the tow and/or
storage rate shall not exceed the rate established by AAA or a similar company.

EXHIBIT "A"
Revised 08/07/2023.

Q. Collusion

1. The Operator and/or applicant shall not conspire, attempt to conspire, or commit any other act of collusion with any other Operator and/or applicant for the purpose of secretly, or otherwise, establishing an understanding regarding rates or conditions to the Towing Program agreement that would bring about any unfair condition that could be prejudicial to the AGPD or the public.

2. A finding by the AGPD that any Operator or applicant has been involved in collusion shall be cause for denial of an application or shall nullify the Towing Program agreement with that Operator. Any Operator or applicant found to be involved in any act, or attempted act, of collusion shall be disqualified from participation in all AGPD tow lists for the current term of the Agreement, plus three (3) years.

R. In accordance with this Towing Program, the Agreement shall provide that the Operator shall pay to the City a fee for each vehicle towed for which a CHP 180 Form is completed. This fee shall be calculated so as to be consistent with the requirements of California Vehicle Code Section 12110(b) which permits the City to collect a fee to recover its actual and reasonable costs incurred in connection with its towing service program. As of February 12, 2010, such fee shall be $62/vehicle towed for which a CHP 180 Form is completed under the terms of the Towing Program and Agreement.

1. Fee payments shall be made on a quarterly basis to the Director of Administrative Services for the City of Arroyo Grande, payable no later than the 15th calendar day of the month following the close of each preceding quarter.

IV. STORAGE OF VEHICLES
A. The Operator shall store all impounded/stored vehicles, together with all accessories, equipment, and personal property located on or in each vehicle, in a storage facility approved by the AGPD and within reasonable driving distance from the City. Such storage facility shall contain a minimum of 25 vehicle storage spaces.

B. The Operator shall maintain minimum operating hours for the storage facility of Monday through Friday, 8:00 AM to 5:00 PM, except legal holidays. An attendant responsible for arranging the release of vehicles to the public shall be present in person or on call during those days and times to respond to police requests and to assist the public in obtaining vehicles within a reasonable time.

EXHIBIT "A"
Revised 08/07/2023.

C. Provisions will be made for the adequate off-street security of vehicles and property at the place of storage. As a minimum, a 6- foot high fenced or enclosed area shall be provided.

D. The Operator shall take any and all reasonable measures necessary to prevent theft or damage to vehicles and the accessories, equipment, or other personal property on or in them while in the storage facility.

E. At the discretion of the vehicle owner, the Operator shall repair damage to a vehicle that occurs while the vehicle is under his/her control or shall reimburse vehicle owners for such damage if such damage is caused by the action(s) of the Operator. "Damage" includes, but is not limited, to body damage such as dents, paint damage, and chrome damage; transmission damage; undercarriage damage caused by unreasonable towing procedures; and cut, broken, removed or damaged accessories and wires caused by unreasonable towing procedures.

F. Vehicles that are impounded as evidence shall be stored in a secure area and under conditions approved by the AGPD. The storage area shall be protected against access by persons not authorized by the AGPD. The AGPD shall retain sole custody of the lock mechanism used to prevent unauthorized access to vehicles impounded as evidence.

1. At the reasonable discretion of the AGPD, the Operator agrees to tow a vehicle impounded as evidence to an alternative secure storage facility, e.g. the San Luis Obispo County Sheriff's Department. The Operator shall be entitled to charge all reasonable towing fees associated with towing a vehicle impounded as evidence to an alternative secure storage
facility.

G. The Operator shall take all reasonable precautions required by the AGPD to avoid damage to any evidence in or on a vehicle, e.g. fingerprints, stains, or forensic evidence.

H. The Operator agrees to reduce or waive towing and/or storage fees when reasonably requested by any AGPD supervisor of the rank of Police Sergeant or above. Such request shall generally be limited to the towing of City or AGPD vehicles and the towing and storage of other vehicles as a result of a mistake or error by a City or AGPD member.

I. The Operator agrees to hold the registered owner of a vehicle impounded as evidence by AGPD responsible for all towing and impound/storage fees, including towing fees created by towing a vehicle to an alternative secure storage facility outside the City.

EXHIBIT "A"
Revised 08/07/2023.

J. The tow service will provide a receipt with a copy placed in the stored vehicle whenever any item is removed from that vehicle and taken to another place of storage.

K. Only upon approval from the AGPD and with AGPD present shall the Operator release personal property from a vehicle impounded for evidence or investigation. The personal property shall only be released to the person approved by the AGPD.

1. There shall be no charge for the release of personal property during normal business hours as per California Vehicle Code Section 22851(b). Pursuant to Section 22851(b) of the
California Vehicle Code, an Operator may charge a release fee for property released after normal business hours that shall not exceed one-half the hourly tow rate charged, or less, for initially towing the vehicle.

2. Personal property is considered to be items that are not affixed to the vehicle.
a. Personal property includes: papers, transportable
cellular telephones, portable stereo equipment, clothes, luggage, tools, etc.
b. Personal property from a stored vehicle shall be
released upon request of the vehicle owner or agent.

3. Cargo shall be released upon demand of the carrier or pursuant to a court order.
4 No lien shall be attached to any personal property in or on the vehicle, pursuant to Section 22851(b) of the California Vehicle Code.

L. All vehicles towed and stored by the AGPD shall be made available by the Operator to the owner of the vehicle or his/her representative, any insurance agent, insurance adjuster, or any body shop or car dealer for the purpose of estimating or appraising damages, except vehicles impounded as evidence.

M. All vehicles towed and stored as a result of an AGPD request shall be towed directly to the Operator's storage lot unless the AGPD or other person legally responsible for the vehicle requests that it be taken to another location.

N. The Operator shall not proceed with any repair work on a vehicle or place any charges against a vehicle other than those required for towing and storage at the request of the AGPD, unless authorized by the vehicle owner or his/her designated agent.

EXHIBIT "A"
Revised 08/07/2023.
0 The Operator shall keep a written record of every vehicle stored for a period longer than 12 hours, pursuant to Section 10650(a) of the California Vehicle Code.

1. Such record shall contain the name and address of the person storing or requesting the tow, the names of the owner and driver of the vehicle (if reasonably ascertainable) and a brief description of the vehicle (make, model, license plate and any vehicle damage) pursuant to Section 10650(b) of the California Vehicle Code.

V. RECORDS
A The Operator will maintain records of towing and storage services furnished at the Operator's primary business office. Records for each call shall indicate the description of each vehicle, the nature of service, start time, end time, location of call, itemized costs of towing and storage and tow vehicle driver's name and tow vehicle used. If Form CHP422A, Notice of Stored Vehicle, is not received within one week from the date of storage, the Operator must contact the AGPD. The Operator's lien for towing and storage is contingent upon the required notice being forwarded to the legal and registered owners of such vehicle. The Operator will comply with Section 10652 of the California Vehicle Code in reporting the storage of vehicles over 30 days.

B. When disposing of unclaimed vehicles, the Operator shall abide by all applicable California Civil Code regulations and requirements.

C. Upon specific request from the AGPD, or at least on a quarterly basis on or before the 15th calendar day of the month following the close of the preceding quarter, an Operator shall submit a report to the Chief of Police and/or the Administrative Services Director which shall include the following: ·

1. Total calls for police tows and storage/impounds.

2. Location of the calls.

3. Number of vehicles towed and stored/impounded.

4. License number, make and model of each vehicle towed or stored/impounded.

5. Date of release of each vehicle.

6. Person or firm to whom the vehicle was released.

7. Charges imposed and proceeds received.

8. Number of vehicles sold on lien sale under authority of Section 3072, California Civil Code and reporting such lien sales as per authority of Section 22851.2 of the California Vehicle Code.

EXHIBIT "A"
Revised 08/07/2023.

9. Number of vehicles sold under authority of Section 3073, California Civil Code (under $200 value).

10. Names and addresses of buyers and descriptions of vehicles when sold.

11. Total price and net price the Operator received from each vehicle disposed of by lien sale.

D. Operators shall maintain all records related to police tows and storage/impounds under the Agreement for a period of three (3) years.

Such records shall include, but are not limited to:

1. Information described in Section V. A through C.

2. Vehicle impound reports (CHP 180).

3. Copies of registered letters to vehicle owners.

4. Charge sheets that list police tow, labor and storage fees charged against each vehicle and administrative fees collected on behalf of the City or the AGPD. Charge sheets must contain the signature of the vehicle owner or legal representative and be available for reasonable periodic data collection.

5. Inventory list of personal property in each vehicle impounded or stored.

6. Record of all vehicles sold under authority of California Civil Code Section 3074.

7. Record of all vehicles sold under authority of California Civil Code Section 3072.

E. All required reports and records shall be furnished at the sole expense of the Operator and shall be submitted on computer disk, or by modem, in a format compatible with the City computer system at no additional charge to the City.

F. All Operator records shall be subject to periodic inspection without notice during normal business hours by AGPD personnel.

G. All reports provided by the Operator pursuant to this Towing Program shall be signed under penalty of perjury by a responsible official representing the Operator that the report is complete and true.

VI. FINANCIAL INTEREST
A. No Operator or applicant shall be directly involved in the towingrelated business of any other Operator or applicant in the AGPD Towing Program.

EXHIBIT "A"
Revised 08/07/2023.

B. The sale or transfer of the controlling interest in a company shall immediately terminate the Agreement. A new owner may apply for the Towing Program at any time during the remainder of the current Agreement term regardless of the open enrollment period.

VII. OPERATION
A. Operators and tow vehicle drivers will be sufficiently capable to ensure safe and proper discharge of their service responsibilities.

1. Operators applying for the Towing Program shall have a minimum of three (3) verifiable years of for-hire towing experience, as an owner or principal, prior to the final filing date of an enrollment period in order to qualify for the towing list. a. The three (3) verifiable years of for-hire towing
experience shall be decided by the AGPD.

2. Operators and owners who do not meet the three (3) verifiable years of for-hire towing experience may be considered for the towing list if a full-time manager is employed who possesses three (3) verifiable years of for- hire towing experience as an owner, principal or full-time manager.
a. The three (3) verifiable years of for-hire towing
experience as an owner, principal or full-time manager
shall be decided by the AGPD.
b. Management experience shall be decided and qualified by the AGPD as an individual with general powers that
reasonably infers that the individual so designated is
vested with the general conduct and control of his/her
employer's business or an individual who has charge
and control of a business and is vested with a certain
reasonable level of discretion and independent
judgment.
c. If a manager ceases to be employed by an Operator,
the Agreement shall be terminated until a new manager
is approved by the AGPD.

B. Operators and tow vehicle drivers will be properly licensed in accordance with the requirements of the California Vehicle Code.

C. Tow vehicles will be maintained in compliance with the applicable California Vehicle Code Sections and the California Revenue and Taxation Code.

1. The Operator shall arrange with the AGPD or the CHP for inspection of new and/or replacement tow vehicles prior to placing them in service.

EXHIBIT "A"
Revised 08/07/2023.

2. The Operator must equip each tow vehicle in compliance with Section 27700(a) of the California Vehicle Code. This Section of the California Vehicle Code requires the driver of the tow vehicle to remove all glass and debris deposited upon the roadway by the disabled vehicle.

3. The Operator must comply with Section 27907 of the California Vehicle Code regarding signs on tow vehicles.

D. An Operator on the AGPD towing list is required to have an ample supply of highway flares in each tow vehicle. Flares used by a tow vehicle prior to the arrival of the AGPD will be replaced by the AGPD.

E. All tow vehicles must be equipped with two-way radios between the tow vehicle and the Operator's dispatch personnel.

F. A request from the AGPD for any type of towing services shall not be accepted unless:

1. A tow vehicle and competent driver are immediately available.

2. The specific rig and/or equipment requested is/are
immediately available.

G. In the event there is to be a delay in responding to the call, such fact shall be made known to the AGPD so that a determination may be made if the call should be directed to another towing company.

Deliberately providing misleading information shall result in disciplinary action. If the Operator will be unavailable for any extended period of time, the AGPD must be notified.

H. AGPD calls shall not be referred to nor accepted from another towing agency unless requested to do so by the AGPD. If the Operator cannot respond, the AGPD must be advised. The AGPD will then decide what alternative tow service will be called.

1. If the Operator assigned to an initial call requires assistance from an additional towing company, the Operator may, with the concurrence of the AGPD personnel at the scene of the
incident, request a specific towing company for additional assistance. Such request shall be routed through the AGPD.

I. When tow service is requested by the AGPD, then cancelled prior to the vehicle actually being towed, the Operator shall not charge the AGPD. The Operator may collect fees for services from the vehicle owner, if appropriate. (This paragraph does not apply to "owner's request" for services).

EXHIBIT "A"
Revised 08/07/2023.

J. Unreasonable excessive failures to comply with the response provisions above without reasonable explanation(s) shall result in removal from the towing list, subject to the termination provisions in the Tow Service Agreement.

K. If it is determined that the Operator is not needed and is canceled by the AGPD, up to and including arrival at the scene, there shall be no monetary charges. There shall be no monetary charges for standby time that does not result in a tow.

1. If the tow service is canceled by the vehicle's owner or agent prior to the Operator taking possession of the vehicle, there shall be no charges for towing. The Operator shall immediately contact the AGPD and advise of the cancellation.

L. If an Operator who is not called to a collision comes upon a collision scene where a vehicle or vehicles is/are blocking a roadway or where immediate tow assistance is needed for lifesaving operations, the AGPD officer on scene may direct that Operator to move vehicle(s).

The Operator shall provide the assistance as directed. There shall be no charge for this assistance.

M. The Operator receiving a call shall be certain that it is understood exactly where the accident or incident is located and the type of equipment required before leaving to the call. If there is a question as to this information, the AGPD Dispatch should be contacted at 473- 5100. If the tow driver is unable to find the vehicle or accident scene, the driver should use the nearest telephone and request further instruction.

N. Speed and driving procedure enroute to a tow request must be within lawful limits. Unless an emergency is encountered, no stops should be made enroute to the accident or incident scene. If a delay in response is unavoidable, a reasonable effort should be made to advise the AGPD Dispatch.

1. No flashing or rotating warning lights are to be used enroute to any calls.

0. All tow drivers should receive and sign a copy of the AGPD storage report from the officer requesting his/her services, as well as to indicate agreement with the inventory in and on the vehicle being towed. The tow driver, upon signing for the inventory of the contents of the vehicle stored by the AGPD, is responsible for this property.

EXHIBIT "A"
Revised 08/07/2023.

P. The AGPD officer at the scene investigating an accident or incident is in charge. Anyone called to the scene will act under his/her direction.

Any problems that may arise at the scene may be addressed to the Chief of Police or his/her designee by telephone, in writing, or by appointment in person. An officer at the scene will normally not involve himself/herself in towing techniques, but only in maintaining the security of the incident scene.

1. If two or more towing companies are called to the same incident, distribution of the vehicles shall be at the discretion of the AGPD.

Q. The Operator is required to have in its possession Transportation Permits that are issued by the Department of Transportation authorizing the movement of extra-legal size loads and/or equipment.

Operators of heavy-duty tow vehicles shall obtain permits for movements involving extra-legal size and/or weight. An Operator desiring such a permit should contact the California Department of Transportation Permit Department in San Luis Obispo.

R. All towing services that will result in road blockage in excess of 30 minutes during a salvage operation and where there will be no AGPD officer in attendance shall have an appropriate encroachment permit obtained at first opportunity. These permits can be secured from the California Department of Transportation or the San Luis Obispo County Road Department, whichever is appropriate.

S. ALL VEHICLES TOWED AT THE REQUEST OF THE AGPD FOR
WHICH A CHP FORM 180 HAS BEEN COMPLETED MUST BE
RELEASED ONLY WITH AUTHORIZATION FROM THE AGPD. All
vehicle owners requesting the release of their vehicles shall be directed to the AGPD to obtain the necessary documentation to authorize the release.

VIII. STANDARD OF CARE
A. Operators shall warrant and guarantee that all services performed pursuant to an Agreement with the City shall be provided in a manner reasonably consistent with the highest professional standards and shall be performed by qualified, licensed, and experienced personnel.

The Operator shall be responsible for the acts employees while on duty. The Operator shall not permit any of the following conditions to occur:

1. Failure to comply with the requirements and provisions of the signed AGPD Tow Service Agreement.

2. Repeated and/or flagrant violations of the provisions of the California Vehicle Code by the driver(s) or Operator(s).

EXHIBIT "A"
Revised 08/07/2023.

3. A pattern of not being available, failure to answer calls, or failure to respond to calls within the required 20-minute time frame.

4. Failure to reimburse the owner for property stolen or lost while under control of the Operator.

5. Failure to maintain reasonably clean and orderly storage facilities.

6. Failure to perform all towing operations in the safest and most expeditious manner reasonably possible.

7. Failure to ensure that all tow drivers who respond to AGPD tows are at least 18 years of age and in possession of current and proper class of license and endorsements for the towed and towing vehicle.

8. Failure to ensure that all tow drivers who respond to AGPD tows are wearing an identifiable uniform, e.g. shirts and pants or coveralls, displaying the company and driver name while engaged in AGPD tows.

9. Failure to ensure that all tow drivers who respond to AGPD tows present a professional personal appearance. An
unacceptable personal appearance would include, but is not limited to, unbathed or excessively dirty/torn uniform.

10. Failure to ensure that all tow drivers who respond to AGPD tows are wearing appropriate warning garments, e.g. vests, jackets, shirts or retro-reflective clothing, for daylight and hours of darkness in accordance with California Code of Regulations, Title 8, Section 1598.
a. If the tow driver is working on a Federal-aid highway, the driver shall comply with the guidelines contained in the Federal Code of Regulations, Title 23, Highways,
Chapter 1, Federal Highway Administration,
Department of Transportation, Part 634, Worker
Visibility that requires high-visibility personal protective safety clothing to be worn that meets the Performance
Class 2 or 3 requirements of the ANSI/ISEA 107-2004
(compliance date of November 24, 2008).

11. Failure to comply with the secure storage requirements for vehicles impounded as evidence by the AGPD.

12. Failure to maintain reasonable business records related to AGPD tows.

13. Engaging in unethical business practices.

EXHIBIT "A"
Revised 08/07/2023.

14. Failure to maintain a current City of Arroyo Grande business license.

15. Failure to participate in and/or comply with the AGPD 72- hour vehicle abatement program.

16. For any reasonably justifiable cause as determined by the Chief of Police or his/her designee.

IX. INSPECTION OF TOW SERVICES
A. The AGPD shall provide or arrange for not less than one annual inspection of all tow vehicles at no charge to the Operator. The AGPD may_ conduct additional inspections without notice during normal business hours. The Operator shall not dispatch a tow vehicle to an AGPD initiated call that has not been inspected and approved.

1. Inspection of tow vehicles by the AGPD may be waived when there is documentation of current CHP inspection of the vehicle provided to the AGPD.

B. Storage facilities for the Operator will be inspected at random to ensure compliance with the applicable provisions of the California Vehicle Code and this Agreement.

X. DEMEANOR AND CONDUCT
A. While involved in AGPD towing operations or related business, the Operator and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following:

1. Rude or discourteous behavior.

2. Lack of service, selective service, or refusal to provide service that the operator is/should be capable of performing.

3. Any act of sexual harassment or sexual impropriety.

4. Unsafe driving practices.

5. Exhibiting any objective symptoms of alcoholic beverage and/or illegal narcotic use.

6. Appearing at the scene of an AGPD towing call with the odor of an alcoholic beverage emanating from the driver's or employee's breath.
a. The tow driver shall submit to a preliminary alcohol screening (PAS) examination upon demand of the
AGPD.

EXHIBIT "A"
Revised 08/07/2023.

XI. TOW COMPLAINTS
A. All AGPD related tow service complaints received by the AGPD against an Operator or the Operator's employees will be accepted and investigated in a fair and impartial manner.

1. The Operator and his/her employees shall cooperate with the AGPD and/or its designated representative during the course of an investigation.

2. As a result of the investigation, the AGPD may remove the Operator from the towing list.

3. The Operator will be notified of the results of all investigations if legally permitted and/or if notification will not jeopardize a criminal investigation in writing within 30 calendar days of the conclusion of the investigation.

B. Should the filing of criminal charges be a possibility, the AGPD will conduct the investigation to conclusion or assist the lead investigating agency and, if warranted, request criminal prosecution.

XII. COMPLIANCE WITH LAW
A. The Operator and his/her employees shall at all times comply with federal, state and local laws and ordinances.

B Any conviction of the Operator or an employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, an illegal drug-related offense, felony driving under the influence of an alcoholic beverage or drugs, misdemeanor driving under the influence of an alcoholic beverage or drugs or moral turpitude should be cause for suspension or removal of an Operator or employee, denial of an Operator's application or termination of the Agreement.

C. Operators and their employees shall not accept gratuities pursuant to Section 12110(a) of the California Vehicle Code.

D. Operators and their employees shall not accept a gratuity from a repair shop for the delivery of a vehicle not owned by the repair shop or tow company, for the purpose of storage or repair pursuant to Section 12110(c) of the California Vehicle Code.

E. Operators shall satisfy a court order mandating reimbursement to the vehicle or property owner for damage or loss that occurred while the vehicle or property was in the Operator's custody.

F. Any Operator or employee arrested/charged with any of the above issues should be suspended until the case is adjudicated.

EXHIBIT "A"
Revised 08/07/2023.

XIII. COMPLIANCE WITH THE AGREEMENT
A. The Operator agrees, as a condition of inclusion in the Towing Program, to comply with the terms and conditions of the Agreement.

Failure to comply with the requirements of the Program will result in removal as the designated Operator for police tows, subject to the termination provisions in the Tow Service Agreement.

B. A violation of the equipment requirement related to safety shall be cause for immediate suspension that shall remain in effect until the suspension period is completed and the AGPD has inspected the equipment and determined that the Operator is in compliance.

C. A violation of intentionally overcharging or a pattern of overcharging shall be cause for immediate suspension that shall remain in effect until the suspension period is completed and proof of reimbursement to the aggrieved customer(s) has been provided to the AGPD.

D. Operators and/or their employees shall not record, e.g. videotape or photograph, a scene unless it is for official use by the tow company for business-related reasons.

1. The AGPD personnel on scene shall determine when an
Operator or his/her employee may record a scene for towrelated business reasons.

2. If an Operator or his/her employee is determined to be in violation of this condition, the recording shall be immediately surrendered to the AGPD.

XIV. MID-TERM REVIEW
A. A mid-term review of the terms and conditions of the existing Agreement may be provided by the AGPD if there is a legitimate and substantial change in conditions or laws impacting the majority of tow service companies in the Arroyo Grande area or the AGPD.

B. A mid-term review, if granted, will not automatically authorize a change in the terms or conditions of an existing Agreement.

1. It is the responsibility of the AGPD to review the conditions that initially caused the mid-term review and determine if any change in the terms or conditions of the existing Agreement is justified. If the mid-term review is requested by the Operator, it is the responsibility of the Operator to provide the relevant information necessary for the AGPD to review the request.

EXHIBIT "A"
Revised 08/07/2023.

XV. ADVERTISING
A. An Operator shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the AGPD.

XVI. 72-HOUR/ABATEMENT TOWS
A. The Operator agrees to participate in the AGPD established vehicle abatement program. When a vehicle is found to be in violation of an applicable section of the California Vehicle Code or the Arroyo Grande Municipal Code regarding abandoned vehicles, call out procedures for abatement towing are the same as regular towing with some defined exceptions:

1. Dispatch or any member of the AGPD authorized by the Traffic Unit commander will contact the Operator.

2. A CHP 180 form will be completed by AGPD personnel and delivered to Dispatch after the vehicle has been removed by the Operator.

3. Abatement towing should only be completed during normal business hours.

B. Failure to comply with the requirements of the Towing Program regarding vehicle abatement towing may be considered
adequate grounds for removal from the towing list, subject to the termination provisions in the Tow Service Agreement.

C. The Operator must respond to an abatement tow request within 24 hours. Under special limited circumstances, e.g. an abandoned vehicle causing a public safety hazard, the Operator must respond as soon as reasonably possible. Failure to comply with this requirement of the Towing Program may be considered adequate grounds for removal from the towing list, subject to the termination provisions in the Tow Service Agreement.

Item 9.j.

MEMORANDUM
TO: City Council
FROM: Steve Kahn, Interim Public Works Director
BY: Shannon Sweeney, City Engineer
SUBJECT: Consideration of Adding the Add-Alternate Elements to the Contract for Construction of the 2022 Concrete Repairs Project, PW 2022-07 DATE: August 22, 2023
SUMMARY OF ACTION:

Expand the construction contract for the 2022 Concrete Repairs Project to JJ Fisher Construction, Inc. to include the two add alternate elements from the initial bid and approve two Budget Adjustment Requests. The draft amended contract is included as Attachment 1.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The 2022 Concrete Repair Project (Project) was initially funded with $470,000 of Local Sales Tax Funds and $56,000 of Community Development Block Grant Funds (CDBG), for a total of $526,000. $399,145 was allocated for construction, $39,915 for contingency and $86,940 for survey and design. This funding was only sufficient to proceed with the base bid for this project.

The original bid included two add-alternates: the east and south crosswalks and adjoining curb at the intersection of East Branch and Mason ($93,527), and 920 square feet of sidewalk repairs adjacent to the curb ramp improvements at Alder and Farroll ($28,660), for a total additional cost of $122,187. Additionally, potential change orders of 10% of the additional amount, $12,218.70, for unanticipated costs during the construction phase of the Project increase the funding amount needed for the two add-alternates to $134,405.70. To fund the base bid and two add-alternates the total Concrete Repairs budget needed is $660,406.

To fund the remaining $134,406 a reallocation of Local Sales Tax fund dollars from the 2022 Streets Repairs Project to the 2022 Concrete Repairs Project is proposed because the 2022 Streets Repairs Project has an additional revenue source of $413,400. During a budgetary update meeting with the San Luis Obispo County of Governments (SLOCOG), staff was informed that SLOCOG now has $413,400 in Urban State Highway

Item 9.j.

City Council
Consideration of Adding the Add-Alternate Elements to the Contract for Construction of the 2022 Concrete Repairs Project, PW 2022-07 August 22, 2023

Account funds (USHA) available to the City. The requested budget adjustment will increase the 2022 Street Repairs Project revenue by $413,400.

Council is being asked to approve two budget adjustments. The requests include (1) $413,400 to increase revenue from Urban State Highway Account funds (USHA) for the 2022 Streets Repairs Project; and (2) $134,406 Reallocation of Local Sales Tax Funds from the 2022 Streets Repairs Project to the 2022 Concrete Repairs Project. No funds are being requested from Local Sales Tax fund balance at this time.

RECOMMENDATION:
1) Increase the contract for the 2022 Concrete Repairs Project to JJ Fisher Construction, Inc. in the amount of $122,187 for the two add-alternate elements of, a) the east and south crosswalks and adjoining curb at the intersection of East Branch and Mason Streeet, and b) 920 square feet of sidewalk repairs adjacent to the curb ramp improvements at Alder Street and Farroll Avenue; 2) Authorize the City Manager to approve change orders of 10% of the additional amount, $12,218.70, for unanticipated costs during the construction phase of the Project; and 3) Approve two budget adjustment requests.

BACKGROUND:

Each year the Public Works Department’s Engineering Division identify damaged sidewalks requiring repair to mitigate the potential for trip and fall hazards located in the public right-of-way, as well as evaluating gaps in the sidewalk system, and other sidewalk conditions around the City with a focus on routes to schools and heavy pedestrian routes.

The proposed project presented with this item is the latest in a continuing effort to systematically address damaged concrete facilities at various locations throughout the City.

At its May 23, 2023 regular meeting, the City Council approved Sidewalk Tile Bands, Tree Well Borders, and Crosswalk Improvements in the Village as components of the Project and directed completion of the plans, specifications and estimate (PS&E).

At its June 13, 2023 regular meeting, the City Council approved the PS&E, authorized Staff to solicit bids for construction of the Project, found the Project is categorically exempt from the California Environmental Quality Act (CEQA) and directed the City Clerk to file a Notice of Exemption.

On June 20, 2023, in accordance with City purchasing policies, the City advertised publicly for bids to construct the Project. On July 18, 2023, four bids were received prior to the 2:00 pm bid close at the City Corporation Yard. The Bid Opening Log Sheet is provided in Attachment 3. The lowest responsible bid was submitted by JJ Fisher Construction for an amount of $520,538, which included the Base Bid and Add Alt Bids 1 and 2.

Item 9.j.

City Council
Consideration of Adding the Add-Alternate Elements to the Contract for Construction of the 2022 Concrete Repairs Project, PW 2022-07 August 22, 2023

At its July 25, 2023 regular meeting, the City Council awarded the project to JJ Fisher for the base bid in the amount of $398,351. The 2022 Concrete Repair Project (Project) was initially funded with $470,000 of Local Sales Tax Funds and $56,000 of Community Development Block Grant Funds (CDBG), for a total of $526,000. $399,145 was allocated for construction, $39,915 for contingency and $86,940 for survey and design. This funding was only sufficient to proceed with the base bid for this project.

Construction plans for the project are included by attachment to the minutes of the City Council June 13, 2023 regular meeting.

Budget Adjustments
Council is being asked to approve two budget adjustments. These two requests are related to additional funds available from Urban State Highway Account funds (USHA) and reallocating Local Sales Tax Funds from the 2022 Streets Repairs project to the 2022 Concrete Repairs project.

ANALYSIS OF ISSUES:

The Project includes concrete improvements in the village, installation of curb ramps, and installation and/or repair of missing and damaged sidewalks. Current construction market volatility makes project budgeting and bidding challenging. To provide flexibility for construction work the bid package included three pricing elements including: Base Bid, Add Alternate Bid 1, and Add Alternate Bid 2. The intention was the Base Bid would be constructed and the Add Alternate Bids may, or may not, be constructed depending on the amount of the winning Bid. The entire project, including the additive alternates were competitively bid in compliance with the City’s purchasing policy. The three bid elements are generally described below along with the received JJ Fisher Construction Bid amount, whose bid is included as Attachment 2:
 Base Bid
o Village crosswalks, sidewalk bands and tree wells, Alder Street and Farroll Avenue and Alder Street and Sandalwood Avenue concrete sidewalk and sidewalk under drain repairs in the Rancho Grande Area
o JJ Fisher Construction Bid is $398,351
 Add Alternate Bid 1
o East Branch & Mason Street crosswalks
o JJ Fisher Construction Bid is $93,527
 Add Alternate Bid 2
o Alder Street and Farroll Avenue sidewalks (does not include ramps) o JJ Fisher Construction Bid is $28,660
The combined total of the JJ Fisher Construction, Inc. Bid is $520,538, whereas the City construction budget was initially $399,145, plus a 10% contingency for unanticipated costs during construction. Based on the initial construction budget the City awarded the Base Bid only to JJ Fisher Construction, Inc. in the amount of $398,351. The 2022

Item 9.j.

City Council
Consideration of Adding the Add-Alternate Elements to the Contract for Construction of the 2022 Concrete Repairs Project, PW 2022-07 August 22, 2023

Concrete Repair Project (Project) was initially funded with $470,000 of Local Sales Tax Funds and $56,000 of Community Development Block Grant Funds (CDBG), for a total of $526,000. This funding was only sufficient to proceed with the base bid for this project.

The original bid included two add-alternates: the east and south crosswalks and adjoining curb at the intersection of East Branch and Mason ($93,527), and 920 square feet of sidewalk repairs adjacent to the curb ramp improvements at Alder and Farroll ($28,660), for a total additional cost of $122,187. The initial budget for this project had inadequate funds to complete these additional elements. However, with City Council consideration and approval, $134,405.70 of that funding can be allocated to the 2022 Pavement Repairs Project and an equivalent amount of sales tax revenue transferred to this project to complete the additional work.

Because the additional work is adjacent to work already being done as part of this project, there is an economy of scale that can be realized by completing the additional work at this time. In addition, this extra work addresses curb and asphalt defects in a highly traveled intersection, improving safety for pedestrians in the Village.

Budget Adjustments
The 2022 Streets Repairs project total funding as report on June 13, 2022 is shown in Table 2 under the funding available column below:

Item 9.j.

City Council
Consideration of Adding the Add-Alternate Elements to the Contract for Construction of the 2022 Concrete Repairs Project, PW 2022-07 August 22, 2023

Table 2 - 2022 Street Repairs project funding
Staff has identified two budget adjustments for consideration of reallocation through budget adjustment approval, as described in more detail below:
 $413,400 Revenue Increase: During a budgetary update meeting with the San Luis Obispo County of Governments (SLOCOG), staff was informed that SLOCOG now has $413,400 in Urban State Highway Account funds (USHA) available to the City (an annual allocation of approximately $68,900 accumulated over about six years) for pavement maintenance projects. This budget adjustment would increase the funding available for the 2022 Streets Repairs project.  $134,406 Reallocation of Local Sales Tax Funds: With the increase in USHA revenue for the 2022 Streets Repairs project the proposed reallocation transfers $134,406 of Local Sales Tax fund from the 2022 Streets Repairs project to the 2022 Concrete Repairs project. No funds are being requested from Loal Sales Tax fund balance at this time.

The updated 2022 Concrete Repairs project budget is shown in Table 3 below:

Table 3 - 2022 Concrete Repairs project funding
Table 3 has sufficient funding for both the base bid and two add-alternate elements to be completed as part of the 2022 Concrete Repairs project.

Revenue Source
Funding
Available
Budget
Adjustments
USHA - 413,400
General Fund 384,343 -
SB 1 453,300 -
Local Sales Tax Fund 5,784,274 (134,406)
Total 6,621,916 278,994
Revenue Source Budget
Budget
Adjustment
Total Project
Budget
CDBG 56,000 56,000
Local Sales Tax Fund 470,000 134,406 604,406
Total 526,000 134,406 660,406

Item 9.j.

City Council
Consideration of Adding the Add-Alternate Elements to the Contract for Construction of the 2022 Concrete Repairs Project, PW 2022-07 August 22, 2023

ALTERNATIVES:

1. 1) Increase the contract for the 2022 Concrete Repairs Project to JJ Fisher Construction, Inc. in the amount of $122,187 for the two add-alternate elements; 2) Authorize the City Manager to approve change orders of 10% of the additional amount, $12,218.70, for unanticipated costs during the construction phase of the Project; and 3) Approve two budget adjustment requests;

2. Do not approve staff’s recommendations and request further information;

3. Modify staff’s recommendation and approve; or

4. Provide direction to staff.

ADVANTAGES:

Adding the additional work at this time will provide for a more complete project, address some significant safety issues in highly traveled locations for pedestrians, and take advantage of mobilization and administration associated with the base project. The add – alternate elements have already been designed and competitively bid; completing those additional elements at this time is the most cost-effective approach to completing this previously identified necessary work.

DISADVANTAGES:

The funding for this additional work was not originally included in the FY 2023-24 budget.

However, SLOCOG recently informed City staff that $413,400 in USHA funding is available to the City once it amends its cooperative agreement with SLOCOG, which will come to Council for consideration at an upcoming meeting.

ENVIRONMENTAL REVIEW:

The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Class 1 Section 15301 Existing Facilities, Class 2 Section 15302 Replacement or Reconstruction, and Class 4 Section 15304 Minor Alterations of Land.

City Council directed the City Clerk to file a Notice of Exemption at the 06/13/2023 City Council Meeting.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Attachments:

1. Proposed Amended Contract

2. JJ Fisher Bid Item List

3. Bid Opening Log Sheet

ATTACHMENT 1

ATTACHMENT 2

ATTACHMENT 3

Item 9.k.

MEMORANDUM
TO: City Council
FROM: Steve Kahn, Interim Public Works Director
BY: Shane Taylor, Utilities Manager
SUBJECT: Monthly Water Supply & Demand Update
DATE: August 22, 2023
SUMMARY OF ACTION:

The update reports the City’s total water supply and demand for July 2023. Current Lopez Reservoir level and projected levels are provided in the attachments.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Approximately two (2) hours of staff time is required to prepare the report.

RECOMMENDATION:

Receive and file the Monthly Water Supply and Demand Update.

BACKGROUND:

On March 28, 2023, the City Council adopted a Resolution rescinding the declaration of a State 1 Water Shortage Emergency and related water shortage restrictions and penalties.

The City of Arroyo Grande’s water entitlements are calculated on a water year that begins April 1st. The current water supply for water year 2023/2024 includes 2,290 Acre Feet from Lopez Reservoir, 1,323 Acre Feet of groundwater entitlement from the Santa Maria River Groundwater Basin, and 160 Acre Feet from the City’s wells that draw from the Pismo formation.

The predicted water use for 2023/2024 water year is 2,200 Acre Feet.

In July 2023, the City’s water use was 208.4 Acre Feet with a per capita use of 122 gallons per day/per person. The residential per capita use was 94 gallons per day/per person.

There was a total of 0 inches of rainfall in the City in July 2023.

Item 9.k.

City Council
Monthly Water Supply & Demand Update
August 22, 2023

The rainfall total at the City Corporation Yard gauge for the season of 2023/2024 is 0 inches.

ANALYSIS OF ISSUES:

The United States Drought Monitor, as of August 10, 2023, shows San Luis Obispo County is not in a drought. Rainfall for the period of July 1, 2023, through July 31, 2023, is 0 inches at the Corporation Yard rain gauge. Lopez Lake is at 98.6% as of August 10, 2023.

The 2022/2023 water year ended on March 31, 2023. Lopez Lake began a continuous spill on March 23, 2023, and stopped spilling as of June 21, 2023. As of June 20, 2023, 14,457 Acre Feet had spilled from Lopez Lake.

During a spill, all deliveries are waived and not charged towards contract entitlement. The City has 405 Acre Feet of entitlement credit due to the spill.

The deep well index for the third quarter of 2023 was completed on July 6, 2023, and is

11.57 feet above sea level, which is 4.7 feet above the threshold value. The current deep well index is 0.66 feet lower than April 2023, and 6.23 feet higher than July 2022.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Receive and file the report, or

2. Provide other directions to staff.

ADVANTAGES:

The report provides the City Council and the public with the current and projected conditions of our water supply and demand.

DISADVANTAGES:

No disadvantages noted at this time.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Attachments:

1. Monthly Operations Report

2. Lopez Reservoir Storage Projection

3. Yearly Water Use Supply & Demand

4. NCMA Deep Well Index

CONTRACTOR USAGE % USAGE % USAGE % USAGE % USAGE % USAGE % [AF] [AF] AG 2290.0 0.0 2290.0 207.59 9% 0.0 0.0 207.6 9% 693.3 30% 0.0 0% 693.3 30% 0.00 405.05 OCSD 303.0 0.0 303.0 63.37 21% 0.0 0.0 63.4 21% 201.7 67% 0.0 0% 201.7 67% 0.00 96.60 GB 800.0 0.0 800.0 69.27 9% 0.0 0.0 69.3 9% 265.6 33% 0.0 0% 265.6 33% 0.00 164.17 PB 892.0 0.0 892.0 5.84 1% 0.0 0.0 5.8 1% 376.7 42% 0.0 0% 376.7 42% 0.00 275.16 CSA 12 245.0 0.0 245.0 12.01 5% 0.0 0.0 12.0 5% 32.1 13% 0.0 0% 32.1 13% 0.00 20.11 SM N/A 0.0 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 0.00 N/A TOTAL 4530.0 0.0 4530.0 358.08 7.9% 0.0 0.0 358.1 7.9% 1569.4 34.6% 0 0.0% 1569.4 35% 0.00 961.09

ALLOCATION DIE AIE TOTAL DIE AIE TOTAL
CONTRACTOR REQUEST USAGE % USAGE USAGE USAGE USAGE % USAGE USAGE USAGE CONTRACTOR [AF] AG N/A 0.0 N/A N/A N/A 0.0 0.0 0.0 N/A N/A 0 0 0.0 AG 207.59 OCSD 187.5 0.0 0.0 0.0 0% 0.0 0.0 0.0 94.6 50% 0 0 94.6 OCSD 63.37 GB N/A 0.0 N/A N/A N/A 0.0 0.0 0.0 N/A N/A 0 0 0.0 GB 69.27 PB 1070.0 0.0 160.0 160.0 15% 0.0 0.0 160.0 438.5 41% 0 0 438.5 PB 165.84 CSA 12 96.0 0.0 8.5 8.50 9% 0.0 0.0 8.5 48.9 51% 0 0 48.9 CSA 12 20.51 SM 90.0 0.0 8.0 0.35 0% 0.0 0.0 0.4 33.2 37% 0 0 33.2 SM 0.35 TOTAL 1443.5 0.0 176.5 168.85 12% 0.0 0.0 168.9 615.2 43% 0 0 615.2 TOTAL 526.93

DAM OPERATIONS DISTRICT STORED SWP WATER GLOSSARY
THIS MONTH WY TO DATE MAX CAPACITY [AF] AIE: Agency Initiated Exchange LAKE ELEVATION (ft) 522.01 N/A 522.6 PREVIOUS MONTH DIE: District Initiated Exchange STORAGE [AF] 48847 N/A 49200 99% DWR METER DELIVERIES N/A: Not Applicable MONTHLY RAINFALL [in] 0.00 0.00 N/A THIS MONTH PW: Project Water aka Lopez Water (Annual: July 1- June 30) Surplus Water: Carry Over Water (LRRP) DOWNSTREAM RELEASES [AF] 394.05 1254.3 4200.0 SWP: State Water Project LAKE TO TERMINAL [AF] 366.7 1762.2 N/A SSWPW: Stored SWP Water SPILLAGE [AF] (WY) 0.00 8968.1 N/A AG WHEELING OCEANO WATER 2.17 Notes:
* Stored PW includes Surplus water declared
** Actual Amount available is dependent on the State's (DWR) delivery % *** Stored SWP water resulting from AIE

STORED PW TOTAL USAGE
1) New Contract Changes effective October 1, 2022
2) On 12/31/22 there was an estimated 655.5 AF of District SSWPW remaining including approximately 46 AF of water lost to evaporation in 2022. 3) In March 2023, 5489 AF of water spilled resulting in loosing all of the District SSWPW, Agency SSWPW, and Stored PW. 4) 44.53 AF of March Project Water Deliveries will be credited to Stored PW at the end of the water year (WY) due to March spill event. 5) End of WY water credit of 44.53 AF was added to Stored PW. 44.53 AF of Stored PW was lost due to April spill event. 6) 364.03 AF of April Project Water Deliveries will be credited to Stored PW at the end of the WY due to April spill event. 7) 426.5 AF of May Project Water Deliveries will be credied to Stored PW at the end of the WY due to May spill event. 8) 170.59 AF of June Project Water Deliveries will be credied to Stored PW at the end of the WY due to June spill event.

STATE WATER PROJECT WATER
TOTAL

MONTHLY

DELIVERIES
ANNUAL
REQUEST**

CUMULATIVE
SSWPW
***

DELIVERIES

THIS MONTH JANUARY TO PRESENT

ALLOCATION
San Luis Obispo County Flood Control and Water District Zone 3 - Lopez Project - Monthly Operations Report
July, 2023

PROJECT WATER

YTD CREDIT TO

ENTITLEMENT

DUE TO SPILL

AVAILABLE WATER (APR-MAR) DELIVERIES

ENTITLE
MENT
STORED
PW*
TOTAL

AVAILABLE PW

THIS MONTH

MONTHLY

CREDIT TO

ENTITLEMENT

DUE TO SPILL

APRIL TO PRESENT

ENTITLEMENT STORED PW TOTAL ENTITLEMENT
Attachment 1

0.43 0.34

2.03 1.91

1.31 12.71

4.39 11.56

0.39 3.12

2.98 2.84

0.98 0.36

0.07 0.35

0.67 1.84

2.24 2.76

2.98 3.01

0.98 0.41

0.35 0.67

1.84 2.24

2.76 2.98 3.01

0.98 0.41 0.35

0.67 1.84

0.00 5.00

10.00 15.00

20.00 25.00
0 10000
20000
30000
40000
50000
60000
1/1/20222/1/20223/1/20224/1/20225/1/20226/1/20227/1/20228/1/20229/1/2022 10/1/202211/1/202212/1/2022
1/1/20232/1/20233/1/20234/1/20235/1/20236/1/20237/1/20238/1/20239/1/2023 10/1/202311/1/202312/1/2023
1/1/20242/1/20243/1/20244/1/20245/1/20246/1/20247/1/20248/1/20249/1/2024 10/1/202411/1/202412/1/2024
Storage (AF)
Date

LOPEZ RESERVOIR STORAGE PROJECTION
Actual Precipitation Predicted Precipitation Storage Projection (SP) Reservoir Level (Actual) Available Water (Storage Rights) SP (No Rain) 20,000 AF
Attachment 2

Attachment 3
192.3
208.4
114
122
0 50
100150200250
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Muni Pumping DWI 2 Year Moving Average 3 Year Moving Average 7.5 threshold Attachment 4

Item 9.l.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Associate Planner
Natalie Riddering, Planning and Engineering Permit Technician SUBJECT: Consideration of the Summary Vacation of a Public Utility Easement Located at 1180 Linda Drive
DATE: August 22, 2023
SUMMARY OF ACTION:

Approval of the summary vacation of an unneeded or “excess” public utility easement (PUE) at 1180 Linda Drive, pursuant to California Streets and Highways Code Section 8330. Staff has received non-objection letters from those holding public utility/easement interests in the subject property, pursuant to Streets and Highways Code Section 8334.5.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no financial impact in vacating the easement.

RECOMMENDATION:

Adopt a Resolution summarily vacating a public utility easement at 1180 Linda Drive pursuant to Streets and Highways Code Section 8330 et seq.

BACKGROUND:

Residential Tract Map 202 was recorded on May 31, 1961. As part of the tract map, tenfoot (10’) PUEs were created at the rear of each of the 15 lots that make up this subdivision (Attachment 2).

ANALYSIS OF ISSUES:

On May 22, 2023, the property owner at 1180 Linda Drive requested that the PUE be modified and that the 10-foot easement, located at the rear of 1180 Linda Drive, be vacated to allow the construction of an accessory dwelling unit (ADU).

During the City’s review of the request, it was determined that the easement is no longer needed for the City’s purposes. California Streets and Highways Code Section 8330 et

Item 9.l.

City Council
Consideration of the Summary Vacation of a Public Utility Easement Located at 1180 Linda Drive
August 22, 2023

seq. authorizes the City to summarily vacate an excess public utility easement if it is not required.

Specifically, section 8333 provides that the City Council may summarily vacate a public service easement in any of the below situations:
a. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. b. The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
c. The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

Here, the City is summarily vacating a 5 foot portion of the total 10 feet of the easement area, as AT&T (who received notice pursuant to the Streets and Highways Code) informed the City that it still needs 5 of the 10 total feet for utility purposes. Because a 5- foot portion of the PUE has been determined to be excess by the easement holders, and there are no other public facilities located within the easement area, the requirements of the Streets and Highways Code are satisfied and the City may vacate a portion of the PUE.

Non-objection letters to the proposed easement vacation were received from the following utilities: Charter Communications, Southern California Gas Company, PG&E, and AT&T (Attachment 3). A legal description and plat of the existing property as well as a legal description and plat of the property after the vacation are included as Attachment 4.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Adopt a Resolution summarily vacating a public utility easement at 1180 Linda Drive pursuant to Streets and Highways Code Section 8330 et seq.;

2. Do not adopt the Resolution to vacate the public utility easement; or

3. Provide other direction to staff.

ADVANTAGES:

By vacating the easement, the owner of the parcel would be able to utilize this portion of the property to construct an ADU.

DISADVANTAGES:

None identified.

Item 9.l.

City Council
Consideration of the Summary Vacation of a Public Utility Easement Located at 1180 Linda Drive
August 22, 2023

ENVIRONMENTAL REVIEW:

The proposed summary vacation of a portion of the PUE will not have an environmental impact and is therefore not subject to the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) (no possibility that the activity may have a significant effect on the environment). City staff will prepare and file a Notice of Exemption following adoption of the proposed Resolution.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Attachments:

1. Proposed Resolution

2. Tract Map 202

3. Non-objection Letters

4. Legal Description and Plat of PUE to be vacated

ATTACHMENT 1
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO

GRANDE SUMMARILY VACATING A PORTION OF PUBLIC UTILITY
EASEMENT AT 1180 LINDA DRIVE
WHEREAS, Chapter 4 of the Public Streets, Highways and Services Easements Vacation Law, commencing with Streets and Highways Code section 8330, provides for summary vacation of streets and public service easements; and
WHEREAS, the subject public utility easement (the “Easement”) is a ten foot (10’) easement crossing northeasterly of Lot 2, Tract No.202, and is described and depicted in Exhibits “A,” “B,” and “C” respectively, which are attached hereto and incorporated herein by this reference; and
WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate a public service easement when it has been determined to be excess by the easement holder, and there are no other public facilities within the easement; and WHEREAS, all utilities and public utilities with interests in the Easement area have approved the summary vacation of the Easement, subject to a request by AT&T to only approve vacating five feet (5’) so that the remaining five feet (5’) along the northerly boundary of the existing Easement area may be reserved for future facilities. Therefore, a five foot (5’) portion of the ten foot (10’) subject Easement is subject to vacation; and WHEREAS, the Easement is not needed for public utility purposes and there are no utilities or public improvements located within the portion to be vacated; and WHEREAS, the vacation of excess right-of-way is categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3), as there is no possibility that the activity may have a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande:

1. Recitals. The City Council finds that the above recitals are true and correct and are hereby incorporated herein.

2. Vacation of Easement. This Resolution is adopted pursuant to the summary vacation procedures set forth in California Streets and Highways Code section 8330 et seq., as the portion of the Easement to be vacated is excess, not required for public utility purposes, and there are no public facilities located within the Easement area. A legal description and map of the portion of the Existing Easement to be vacated are attached hereto as Exhibits “A,” “B,” and “C.”

5. Effective Date of Vacation. The City Clerk is hereby authorized and directed to cause a certified copy of this Resolution to be recorded in the Office of the County

RESOLUTION NO.

PAGE 2
Recorder of San Luis Obispo County. Upon such recordation, the portion of the Easement summarily vacated herewith shall no longer be considered a public utility easement.

On motion of Council Member___________, seconded by Council Member ________, and by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 22nd day of August, 2023.

RESOLUTION NO.

PAGE 3

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

$77$&+0(17

ATTACHMENT 3

AT&T Right of Way
870 N. McCarthy Blvd
Milpitas, Ca. 95035
August 3, 2023
Ms. Michelle Chariton
1180 Linda Dr.

Arroyo Grande, CA 93420
Subject: Abandon Portion Public Utility Easement, Lot 2 of Tract Map 202 City of Arroyo Grande Dear Ms. Chariton,
This is regarding the proposed vacation of a portion of the Public Utility Easement (PUE) affecting the property located at 1180 Linda Dr, Arroyo Grande (077-231-002).

AT&T does not currently have any facilities within the proposed vacated area of Public Utility Easement (PUE) as shown on the exhibits provided. Therefore, we do not object to the vacation.

Although, AT&T is only willing to vacate 5 feet of the 10 foot PUE with reserving the adjacent 5 foot along the North Property boundary line for future facilities.

Upon approval of the vacation by the City, please email me a copy of the Resolution of Vacation.

If you have any questions or concerns regarding this matter, please call me at (408) 807-3662 or email me at jd5368@att.

Respectfully,
Joseph DeGuzman
Manager – AT&T Right of Way/Public Works Central Coast
Monterey/San Benito/San Luis Obispo/Santa Cruz Counties 408-807-3662

EXHIBIT "A"

GRANTEE'S PROPERTY
(APN 077-231-002)
Legal Description
The land referred to herein below is situated in the City of Arroyo Grande, County of Sam Luis Obispo, State of California and is described as follows;
Lot 2, Tract No. 202 in the City of Arroyo Grande, County of Sam Luis Obispo, State of California according to the map filed July 17, 1961, in Book 6, Page 57 of Maps, records of said County.

ATTACHMENT 4

EXHIBIT "8"

LEGAL DESCRIPTION
Area of P.U.E. to be Vacated
That portion of the Public Utility Easement (P.U.E.) designated as crossing the northeasterly 10.00 feet of Lot 2, Tract No. 202 in the City of Arroyo Grande, County of Sam Luis Obispo, State of California according to the map filed July 17,1961, in Book 6, Page 57 of Maps, records of said County, described as follows;
The Southwesterly 5.00 feet of the Northeasterly 10.00 feet of said Lot 2.

The above described property is shown graphically on Exhibit "C" attached hereto and incorporated herein.

Fsecf ty 8i,Oiz3
Leonard Lenger, LS 3877

EXF±lE3lT e
FLAT OF= P. U. E. TO E3E VAC:ATEE?

25.00' R
Lot1
(APN 0]]-231-Col)
N5G04ei'i5"E - ei8.e72' F<
5` r`emc]lnlng
5' Vacatecd
Lot2
Tf<AGT 202
e,-ME3-5J
(APN 0]]-231-002
1180 Linc]a Dr`ive
Ar`rogo Gronc]e, C:A.)
N5e04e>`i5"E -e>e7.82` R
Lots
(APN 0]]-251-005)
LEGEND
R Tract No. 202 (e>-ME3-5])
5c; a I e
I `' = 20 I

MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Supplemental Information
Agenda Item 09.l. – August 22, 2023 City Council Meeting Consideration of the Summary Vacation of a Public Utility Easement Located at 1180 Linda Drive
DATE: August 22, 2023
Attached is correspondence received for the above reference item. cc: Interim City Manager
Community Development Director
City Attorney
City Clerk
City Website and Public Review Binder
Enc

From:

To:

Cc:

Subject:

Date:

Michelle Chariton (MC)
public comment
Shayna Gropen; Patrick Holub; Andrew Perez; John Benedetti; Brian Pedrotti; Natalie Riddering 1180 Linda Dr PUE vacation_Thank you
Monday, August 21, 2023 12:45:29 PM
IRONSCALES couldn't recognize this email as this is the first time you received an email from this sender [email protected]
Dear City Counsel
I wanted to say thank you to your planning team in writing. I have been working with them since late May. In passing Patrick + Shanya and I were discussing the large easement for the PUE on the backside of my property at 10'. I was stating I wish I could go to the larger studio but the easement was pushing my Pre Approved Central Coast ADU to the smallest studio unit. The two had said maybe I should look into a vacation of the PUE since on my street the utilities were in the front ROW. With the help of Patrick he sent me contact information of the PUE individuals who could release the rights of the easement. I received all except from ATT.

The women had retired and we found a new contact. This contact at first was reluctant to release the easement, then with some help with your planning team we were able to get 5' of the 10' easement released. 5' easement was the minimum we needed to plan for the standard studio. Once the easement letters were in Patrick connected me with Natalie and John. Both working with me and my surveyor to get the updated legal description of the lot in which to present today. Seriously a lot of moving parts but I felt supported and coached the whole way through with your team.

This may be just 5' feet but for people who need housing in this area going from a 316sq to 445sq allows for couples, grandparents or a parent with a hide-bed for children to stay comfortably in a studio. Thank you very much we look forward to the 2022 code set Pre Approved Central Coast ADU _ standard studio as soon as they are released - shout out to the enormous coordination by Andrew and the building department within the last two months trying to get stamped out before the winter storms come.

On another note of thank you:

1. Your team all had posted link for the CALHFA grant back in OCT 2022 I had applied and received the grant funding 40K for this project - thank you for posting

2. It was also your teams proactiveness on the grant for the drawings that saved us at a minimum 14K in AEOR drawings. For that I thank you

3. With those plans they are Green California - which submitted to PGE with their ADU project incentives with California Energy-Smart Homes potentially 6K-8K incentives - for that I thank you
Warm regards,
Michelle Chariton + Jami Fordyce.

Item 11.a.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: General Plan Update Study Session and Consultant Introduction DATE: August 22, 2023
SUMMARY OF ACTION:

Study session for the City Council to receive an update on the status of the project and identify key areas to be addressed as part of the General Plan Update.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

No additional financial or personnel resources are required for this project status update.

RECOMMENDATION:

Conduct a study session, receive an update on the status of the General Plan Update and provide input and direction to staff and the consultant team on the key issues and areas to be addressed as part of the General Plan Update.

BACKGROUND:

On February 23, 2021, the City Council directed staff to initiate a comprehensive update to the City’s General Plan. During that meeting, staff was directed to return to the City Council with a discussion on the scope of work related to the comprehensive General Plan update.

On July 26, 2022, the City Council clarified the scope of work and directed staff to initiate a comprehensive update to the General Plan, including:
 An update to all existing elements except for the Housing Element;  A consistency review of the Housing Element;
 Creation of an Environmental Justice Element:
 An update to the Climate Action Plan;
 Creation of objective design standards;

Item 11.a.

City Council
General Plan Update Study Session and Consultant Introduction August 22, 2023

 An overlay district providing specific development standards for the East Grand Avenue corridor;
 Zoning ordinance updates; and
 Inclusion of Healthy Communities strategies throughout.

In November 2022, the City issued a Request for Proposals (RFP) for the General Plan Update with the City Council’s requested scope of work and budget. Staff received one consultant proposal prior to the RFP deadline of December 21, 2022, from Mintier Harnish (Consultant), a Sacramento-based land use firm. Based on the response to the RFP, staff updated Council on the options for a two-year and three-year schedule, as well as the optional tasks identified in the proposal for services submitted by the consultant. On March 28, 2023, Council approved a consultant services agreement with Mintier Harnish to assist with the Comprehensive General Plan Update for a three-year schedule, including the optional tasks identified in the proposal: update to the Climate Action Plan, an Alternatives Report, evaluation of development standards, an East Grand avenue Corridor Overlay District, objective design standards, development code update, retail market analysis, and market demand study.

Following the approval of the agreement, staff and the Consultant initiated the project with a kickoff meeting that established short term and long-term schedules, milestones, deliverables, public outreach strategies, and project branding such as colors, logos, and styles. A majority of the meeting focused on major issues and topics to be addressed during the update.

ANALYSIS OF ISSUES:

This study session intends to provide an overview of the purpose of the General Plan update, identify the key steps in the preparation process, outline community engagement strategies, and other important issues to be addressed during the update process. Major issues identified during the kickoff meeting include:
 Areas for development and re-development;
 Environmental review processes;
 Objectives of the East Grand Avenue overlay district; and  Future recreational opportunities.

Council authorized a 3-year project schedule for the project. The first three months of the process have consisted of the gathering and analyzing of data that will provide the foundation for the update. The consultant developed a website, branding, and logo for the project. Staff is currently conducting an audit of all existing General Plan goals, policies, and objectives to identify where the current General Plan has been successfully implemented. The study session discussion can also identify topics for focus at the first community workshop that is scheduled for October 5, 2023 in the Council Chambers. The workshop will be publicized on the City’s social media channels and on the General Plan Update website (PlanArroyoGrande.com). The website is expected to be accessible the

Item 11.a.

City Council
General Plan Update Study Session and Consultant Introduction August 22, 2023

week of August 21, 2023, and anyone interested in the project will be able to sign up for email notifications for any public workshops, Planning Commission and City Council meetings, and when documents are published. Feedback from both the City Council study session and community workshop will inform the Existing Conditions and Trends Workbook, which will be the first major deliverable for this project. The workbook will examine the city’s past and present and identify trends that will shape its future.

Next Steps
 Update to Planning Commission in September;
 Completion of the audit of all existing General Plan goals, policies, and objectives;  First community workshop on October 5, 2023;
 Delivery of Existing Conditions and Trends Workbook.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Receive a status update on the project and identify important issues to be addressed during the General Plan Update; or

2. Provide other direction to staff.

ADVANTAGES:

The study session will inform the Council and community about the status of the General Plan Update and provide an opportunity for staff and the Consultant to solicit feedback on important issues that can be addressed throughout the Update.

DISADVANTAGES:

There are no disadvantages identified at this time.

ENVIRONMENTAL REVIEW:

No environmental review is required for the study session. The City and Consultant will evaluate potential impacts of the comprehensive General Plan Update in compliance with the California Environmental Quality Act, and prepare any appropriate environmental document at that time, if required.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.