CITY COUNCIL MEETING
AGENDA SUMMARY
Tuesday, July 28, 2026, 6:00 p.m.
In person at:
Arroyo Grande City Council Chamber
215 E. Branch Street, Arroyo Grande, CA 93420
AND via Zoom at:
https://arroyogrande-org.zoom.us/webinar/register/WN_NRsyFrUIQ_6179_iBTyDVA Please click the link above to register to join the Zoom Meeting This City Council meeting is being conducted in a hybrid in-person/virtual format. Please be advised that while the City will endeavor to ensure these remote participation methods are available, the City does not guarantee that they will be technically feasible or work all the time. Further, the City reserves the right to terminate these remote participation methods (subject to Brown Act restrictions) at any time and for any reason. Members of the public may participate and provide public comment on agenda items during the meeting in person at the location identified above, by joining the Zoom meeting, or by submitting written public comments to the Clerk of the Council at [email protected]. Meetings will be broadcast live on Channel 20 and streamed on the City’s Website.
CLOSED SESSION:
None.
1. CALL TO ORDER
2. ROLL CALL
3. MOMENT OF REFLECTION
4. FLAG SALUTE
5. AGENDA REVIEW
5.a Closed Session Announcements
None.
5.b Ordinances read in title only
None.
6. SPECIAL PRESENTATIONS
6.a Honorary Proclamation Recognizing Grace Bible Church on its 150th Anniversary
6.b Introduction of New Employee - Krystin Rice, Director of Community Development (DOWNING)
6.c Introductions and Oaths of Office - Officer Farfan and Officer Delia (CULVER)
6.d City Manager Communications
(DOWNING)
Recommended Action:
Receive correspondence/comments as presented by the City Manager and Provide direction, as necessary.
7. CITY COUNCIL REPORTS
7.a MAYOR RAY RUSSOM:
1. Audit Committee
2. California Joint Powers Insurance Authority (CJPIA)
3. Five Cities Fire Authority JPA Board
4. San Luis Obispo County Mayor's Meeting
5. South San Luis Obispo County Sanitation District (SSLOCSD)
6. Other
7.b MAYOR PRO TEM MARAVIGLIA:
1. Five Cities Fire Authority JPA Board
2. Visit SLO CAL Advisory Board
3. Other
7.c COUNCIL MEMBER GUTHRIE:
1. Integrated Waste Management Authority Board (IWMA)
2. REACH Economic Development Roundtable
3. Other
7.d COUNCIL MEMBER SECREST:
1. Air Pollution Control District (APCD)
2. Homeless Services Oversight Council (HSOC)
3. South County Chambers of Commerce Governmental Affairs Committee
4. Other
7.e COUNCIL MEMBER LOE:
1. Council of Governments/Regional Transit Authority (SLOCOG/SLORTA)
2. County Water Resources Advisory Committee (WRAC)
3. Zone 3 Water Advisory Board
4. Other
8. COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. Members of the public may provide public comment in-person or remotely by registering and joining the Zoom meeting utilizing the link
provided below. Once in the meeting, please use the “raise hand” feature to indicate your desire to provide public comment.
Click the link below to register to join the webinar: https://arroyograndeorg.zoom.us/webinar/register/WN_NRsyFrUIQ_6179_iBTyDVA •
After registering, you will receive a confirmation email containing information about joining the webinar.
•
Please be advised that while the City will endeavor to ensure these remote participation methods are available, the City does not guarantee that they will be technically feasible or work all the time.
Further, the City reserves the right to terminate these remote participation methods (subject to Brown Act restrictions) at any time and for any reason. Please attend in person or submit your comment via email to the City Clerk by 2:00 p.m. the day of the meeting to have it included as part of the record.
The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may:
• Direct City staff to assist or coordinate with you.
• A Council Member may state a desire to meet with you.
It may be the desire of the Council to place your issue or matter on a future Council agenda.
•
Please adhere to the following procedures when addressing the Council:
• Comments should be limited to 1 minute or less.
Your comments should be directed to the Council as a whole and not directed to individual Council members.
•
Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted.
•
9. CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion.
9.a Approval of Minutes
(MATSON)
Recommended Action:
Approve the minutes of the Regular City Council Meeting of June 23, 2026, as submitted.
9.b Cash Disbursement Ratification
(SCHOTBORGH)
Recommended Action:
Review and ratify the attached listing of cash disbursements for the period of June 1
through June 30, 2026.
9.c Statement of Investment Deposits for May 2026
(SCHOTBORGH)
Recommended Action:
Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of May 31, 2026, as required by Government Code Section 53646(b).
9.d Resolution to Update Authorized Personnel for Financial Institutions (SCHOTBORGH)
Recommended Action:
1) Adopt a Resolution authorizing transactions of City funds in various financial institutions; and
2) Determine that adopting a resolution authorizing the deposit of City funds in various financial institutions and updating the names of designated employees in certain positions who are authorized to make deposits of City funds and enter into banking or investment arrangements is not 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, Cal. Code Regs., tit. 14, §§ 15060, subd. (c)(2)-(3), 15378.).
9.e Adoption of Successor Memorandum of Understanding between the City and SEIU (DOWNING)
Recommended Action:
1) Adopt a Resolution approving a three-year Successor Memorandum of Understanding (MOU) between the City of Arroyo Grande and the Service Employees International Union (SEIU) for the period of July 1, 2026 through June 30, 2029; and 2) Find that approval of the Resolution 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.f Appointment of a Voting Delegate and Alternate for the League of California Cities Annual Conference
(MATSON)
Recommended Action:
Appoint Mayor Ray Russom as the voting delegate and Mayor Pro Tem Maraviglia as the alternate for the League of California Cities Annual Conference; and authorize submittal by the City of the League of California Cities’ Voting Delegate/Alternate Form.
9.g Notice of Acceptance, 2026 Pedestrian Improvements, PW 2025-19 (SWEENEY)
Recommended Action:
1) Adopt a Resolution accepting the 2026 Pedestrian Improvements Project (PW 2025-15) and authorizing staff to file the Notice of Completion; and
2) Determine that adopting the Resolution ordering the acceptance is exempt from the California Environmental Quality Act ("CEQA") because the activity is not a “project” subject to CEQA and it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines,§§ 15060, subd. (c)(2)-(3), 15378.)
9.h Professional Services Agreement with Water Systems Consulting, Inc. to Provide Staff Extension Services for The Northern Cities Management Area Technical Group (SWEENEY)
Recommended Action:
1) Adopt a Resolution authorizing the City Manager to execute a Professional Services Agreement with Water Systems Consulting, Inc. (WSC) for support services for the Northern Cities Management Area (NCMA) Technical Group, subject to any minor, technical, or non-substantive changes as approved by the City Manager in consultation with the City Attorney; and
2) Find that approving this agreement 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.i Approval of Agreement for Special Materials Testing (SWEENEY)
Recommended Action:
1) Adopt a Resolution authorizing the City Manager to execute Professional Services Agreements with Pavement Engineering, Inc., for Engineering Support and Asphalt Quality Assurance Services for the 2026 Streets Overlay Project, Full Depth Reclamation Project, and Halcyon Complete Streets Project, subject to any minor, technical, or non-substantive changes as approved by the City Manager in consultation with the City Attorney; and 2) Find that the proposed action is not a project, and is exempt from review under CEQA, because approval of On-Call Professional Services Agreements is an organizational or administrative activity of government that does not itself result in direct or indirect physical changes in the environment. (State CEQA Guidelines,§ 15378(b)(5)).
9.j Cooperation Agreement with the County of San Luis Obispo for Joint Participation in the Community Development Block Grant Program, Home Investment Partnerships Program, and Emergency Solutions Grant Program for Fiscal Years 2027-2029 (RICE)
Recommended Action:
1) Adopt a Resolution authorizing the City Manager to execute a Cooperation Agreement (Agreement) between the County of San Luis Obispo and the City of Arroyo Grande for joint participation in the Community Development Block Grant Program, the Home Investment Partnerships Program, and the Emergency Solutions Grant Program for Fiscal Years (FY) 2027-28 through 2028-29; and
2) Find the adoption of the Resolution is not a project under CEQA because such action constitutes an organizational or administrative activity of a government that will not result in a direct or indirect physical change in the environment. (State CEQA Guidelines §
15378(b)(5).)
9.k Temporary Use Permit 26-004; Authorization of Road Closures and Alcohol Sales for the Day of Hope Car Show Fundraiser, August 22, 2026; Location – Heritage Square Park; Applicant – CommonSpirit Health
(RICE)
Recommended Action:
1) Adopt a Resolution approving Temporary Use Permit 26-004 authorizing the use of Heritage Square Park and the closure of Nelson Street between Mason Street and Short Street for the 2026 Day of Hope Car Show Fundraiser; and 2) Determine that this project is categorically exempt pursuant to Section 15304(e) of the CEQA Guidelines regarding minor temporary uses of land.
9.l Temporary Use Permit 26-006; Big Ditch Market; Applicant: Krista Bandy (RICE)
Recommended Action:
1) Adopt a Resolution approving Temporary Use Permit 26-006 and authorizing the use of City-owned property for the monthly Big Ditch Market events on August 7, September 4, October 2, and December 18, 2026; and
2) Find the action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304(e) of the CEQA Guidelines.
9.m E. Grand Avenue Corridor Plan Request for Proposals (RICE)
Recommended Action:
1) Authorize staff to release the Request for Proposals to obtain consultant services for the E. Grand Avenue Corridor Plan; and
2) Find that the action 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.n General Plan Update Progress Report – July 2026
(RICE)
Recommended Action:
Receive and file a progress report on the Comprehensive General Plan Update.
10. PUBLIC HEARINGS
None.
11. BUSINESS ITEMS
11.a California Housing Law Presentation
(ROSEN)
Recommended Action:
Receive presentation on California Housing Law.
11.b 2026 Legislative Platform
(DOWNING)
Recommended Action:
1) Adopt a Resolution adopting the 2026 Legislative Platform; and 2) Determine that adopting the 2026 Legislative Platform 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. (c)(2)-(3), 15378).
11.c Establishment of a Preferential Parking Program Near Arroyo Grande High School (CULVER)
Recommended Action:
1) Adopt a Resolution establishing a Preferential Parking Program; designating certain “No Parking Except by City Permit” zones on Orchard Street, West Cherry Avenue, Arroyo Avenue, California Street, and Pilgrim Way; and authorizing the Chief of Police to implement and enforce the Preferential Parking Program; and 2) Find that approval of the Resolution establishing the preferential parking program 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).
11.d Resolution Updating Wages and Benefits for Non-Represented Management and Executive Employees
(DOWNING)
Recommended Action:
1) Adopt a Resolution updating compensation for designated non-represented executive and management employee classifications for Fiscal Year 2026-27; and 2) Find that approval of the Resolution 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.)
12. COUNCIL COMMUNICATIONS
Any Council Member may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council policies and procedures, Council Members may request staff to report back to the Council at a subsequent meeting concerning any matter or request that staff place a matter of business on a future agenda. Any request to place a matter of business for original consideration on a future agenda requires the concurrence of at least two other Council Members.
13. ADJOURNMENT
All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk’s office,
300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Legislative and Information Services Department at 805-473-5400 as soon as possible and at least 48 hours prior to the meeting date.
This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you would like to subscribe to receive email or text message notifications when agendas are posted, you can sign up online through the “Notify Me” feature.
City Council Meetings are streamed live on the City’s Website and recorded for replay on Arroyo Grande’s Government Access Channel 20.
Item 6.a.
Item 9.a.
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
June 23, 2026, 5:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Caren Ray Russom, Mayor Pro Tem Jamie Maraviglia, Council Member Jim
Guthrie, Council Member Kate Secrest
Council Members Absent: Council Member Aileen Loe
Staff Present: City Clerk Jessica Matson, Assistant City Attorney Scott Shapses, City Manager
Matthew Downing, Administrative Services
Director Nicole Valentine, Human Resources
Officer Ashley Garcia, Interim Community
Development Director Andrew Perez, Acting
Public Works Director/City Engineer Shannon
Sweeney, Capital Improvement Projects
Manager Theresa Wren, Recreation
Supervisor Carrie Vanbeveren
This meeting was conducted in a hybrid in-person/virtual format.
CLOSED SESSION: 5:00 P.M.:
1. CALL TO ORDER
Mayor Ray Russom called the meeting to order at 5:00 p.m.
2. ROLL CALL
City Clerk Matson took roll call.
3. FLAG SALUTE
Mayor Ray Russom led the flag salute.
4. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Ray Russom invited public comment. Speaking from the public were Nicole Bryant, Camela Shaaf, Kory Brooks, Victor Rocha, Blake Simpson, and Carrie Vanbeveren.
5. CLOSED SESSION
Assistant City Attorney Shapses 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:
Meet with City-designated negotiators described below. Negotiation will include salary, compensation and benefits:
Employee Organization: Service Employees International Union (SEIU),
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 23, 2026
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2 Item 9.a.
City-designated negotiators: Che Johnson, Special Labor Counsel; Ashley Garcia, Human Resources Officer; Nicole Valentine, Director of Administrative Services
City Council adjourned to Closed Session at 5:13 p.m.
6. ADJOURNMENT
City Council adjourned Closed Session at 5:52 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
Assistant City Attorney Shapses announced that there was no reportable action from the following meeting:
June 23, 2026
a) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
Meet with City-designated negotiators described below. Negotiation will include salary, compensation and benefits:
Employee Organization: Service Employees International Union (SEIU) City-designated negotiators: Che Johnson, Special Labor Counsel; Ashley Garcia, Human Resources Officer; Nicole Valentine, Director of Administrative Services
5.b Ordinances read in title only
None.
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 23, 2026
PAGE 3
3 Item 9.a.
6. SPECIAL PRESENTATIONS
6.a Honorary Proclamation Declaring July 2026 as "Parks Make Life Better Month" Mayor Ray Russom presented the Proclamation declaring July 2026 as "Parks Make Life Better Month." Recreation Supervisor Carrie Vanbeveren accepted the Proclamation.
6.b City Manager Communications
City Manager Downing provided updates including the City's Summer Concert Series beginning July 4th; safe and sane fireworks allowed from 10 am to 10 pm on July 4th only and must include State of California registered seal; FCFA will begin weed abatement next week; and the nomination period for the November 3, 2026, General Municipal Election begins July 13th and ends August 7th.
No action was taken on this item.
7. CITY COUNCIL REPORTS
The City Council provided brief reports from the following committee, commission, board, or other subcommittee meetings that they attended as the City’s appointed representative.
7.a MAYOR RAY RUSSOM:
1. Audit Committee
2. California Joint Powers Insurance Authority (CJPIA)
3. Five Cities Fire Authority JPA Board
4. San Luis Obispo County Mayor's Meeting
5. South San Luis Obispo County Sanitation District (SSLOCSD)
6. Other
7.b MAYOR PRO TEM MARAVIGLIA:
1. Five Cities Fire Authority JPA Board
2. Visit SLO CAL Advisory Board
3. Other
7.c COUNCIL MEMBER GUTHRIE:
1. Integrated Waste Management Authority Board (IWMA)
2. REACH Economic Development Roundtable
3. Other
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JUNE 23, 2026
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4 Item 9.a.
7.d COUNCIL MEMBER SECREST:
1. Air Pollution Control District (APCD)
2. Homeless Services Oversight Council (HSOC)
3. South County Chambers of Commerce Governmental Affairs Committee
4. South County Chambers of Commerce State of the Cities
8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public was Judy Ceccetti. No further public comments were received. City Manager Downing and Mayor Ray Russom responded to questions from the public.
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.
Council asked questions regarding Item 9.e. Assistant City Attorney Shapses acknowledged the Supplemental Information and gave an update regarding Item 9.e. Assistant City Attorney Shapses and Attorney Adam Vasquez with Best Best & Krieger responded to questions from Council.
City Engineer Sweeney and City Manager Downing responded to questions from Council regarding Item 9.g.
Mayor Ray Russom invited public comment. Speaking from the public was Josh Hardy. No further public comments were received. Attorney Vasquez responded to comments from the public.
City Engineer Sweeney responded to questions from Council.
Moved by Council Member Guthrie
Seconded by Council Member Secrest
Approve Consent Agenda Items 9.a. through 9.j., with the recommended courses of action.
AYES (4): Council Member Guthrie, Council Member Secrest, Mayor Pro Tem Maraviglia, and Mayor Ray Russom
ABSENT (1): Council Member Loe
Passed (4 to 0)
9.a Approval of Minutes
Approved the minutes of the Regular City Council Meeting of June 9, 2026, as submitted.
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 23, 2026
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5 Item 9.a.
9.b Cash Disbursement Ratification
Reviewed and ratified the listing of cash disbursements for the period of May 16 through May 31, 2026.
9.c Resolution Accepting the Fiscal Year 2026-27 Appropriation Limit (Gann Limit) 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A TAX PROCEEDS EXPENDITURE APPROPRIATION LIMIT FOR FISCAL YEAR 2026-27"; and
2) Determined that establishing the appropriation limit for FY 2026-27 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. (c)(2)-(3), 15378.)
9.d Citywide Combined Salary Schedule
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING COMPENSATION ADJUSTMENTS FOR
UNREPRESENTED PART-TIME EMPLOYEES AND APPROVING THE CITYWIDE COMBINED SALARY SCHEDULE"; and
2) Found that approval of the Resolution approving the Citywide Combined Salary Schedule 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.e Notice of Award, Halcyon Complete Streets, PW 2023-15 Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO 1) REJECT LOW BIDDER, EDWARD’S CONSTRUCTION GROUP, INC., AS NON-RESPONSIVE; 2) AUTHORIZE THE CITY MANAGER OR DESIGNEE TO
EXECUTE A CONSTRUCTION CONTRACT FOR THE HALCYON COMPLETE STREETS PROJECT (PROJECT) TO THE SECOND LOWEST BIDDER, V. LOPEZ JR. & SONS (V.
LOPEZ) FOR $6,653,626.14, SUBJECT TO ANY MINOR, TECHNICAL, OR NONSUBSTANTIVE CHANGES AS APPROVED BY THE CITY MANAGER IN CONSULTATION WITH THE CITY ATTORNEY; 3) AUTHORIZE THE CITY MANAGER TO APPROVE CHANGE ORDERS OF 10% OF THE CONTRACT AMOUNT, $665,362.61, FOR UNANTICIPATED COSTS DURING THE CONSTRUCTION PHASE OF THE PROJECT; AND 4) APPROVE TWO BUDGET AMENDMENTS FOR CONSTRUCTION OF THIS PROJECT".
9.f Approval of On Call Professional Services Agreements 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE authorizing THE CITY MANAGER TO EXECUTE ON-CALL
PROFESSIONAL SERVICES AGREEMENTS FOR THE FIVE DISCIPLINES AS LISTED IN TABLES 1 THROUGH 5, SUBJECT TO ANY MINOR, TECHNICAL, OR NON-SUBSTANTIVE
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 23, 2026
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6 Item 9.a.
CHANGES AS APPROVED BY THE CITY MANAGER IN CONSULTATION WITH THE CITY ATTORNEY"; and
2) Found that the proposed action is not a project, and is exempt from review under CEQA, because approval of On-Call Professional Services Agreements is an organizational or administrative activity of government that does not itself result in direct or indirect physical changes in the environment. (State CEQA Guidelines,§ 15378(b)(5))
9.g Award of FY 2026 Streets Overlay Project (PW 2025-01) 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTSRUCTION CONTRACT FOR THE FY 2026 STREETS OVERLAY PROJECT TO CALPORTLAND
CONTRUCTION AND A PROFESSIONAL SERVICES CONTRACT FOR SURVEYING SERVICES TO NORTH COAST ENGINEERING, INC."; and
2) Found that the project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301(c), Existing Facilities, because it consists of the repair, maintenance, and minor alteration of existing streets, sidewalks, curb ramps, and related transportation facilities involving negligible or no expansion of existing use.
9.h Vacuum Truck Lease
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE PURCHASE OF A VACTOR 2110 SEWER
CLEANER/VACUUM TRUCK THROUGH THE SOURCEWELL COOPERATIVE PURCHASING PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH HAAKER EQUIPMENT COMPANY IN AN AMOUNT NOT TO EXCEED $689,099.81; AUTHORIZING THE CITY MANAGER TO EXECUTE A MUNICIPAL LEASEPURCHASE FINANCING AGREEMENT AND RELATED DOCUMENTS WITH NCL GOVERNMENT CAPITAL IN AN AMOUNT NOT TO EXCEED $772,013.00"; and 2) Determined that adopting the Resolution is not a project under CEQA because such action constitutes an organizational or administrative activity of a government that will not result in a direct or indirect physical change in the environment. (State CEQA Guidelines § 15378(b)(5).)
9.i Temporary Use Permit 26-004; Authorization for Sale of Beer and Wine at the 2026 Summer Concert Series, and an Application Fee Waiver; Location Heritage Square Park; Applicant – Arroyo Grande Rotary Club
1) Adopted a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 26-004 TO ALLOW THE SALE OF BEER AND WINE AT THE 2026 SUMMER CONCERT SERIES AND APPROVING A WAIVER OF FEES"; and
2) Found the action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 of the CEQA Guidelines.
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 23, 2026
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7 Item 9.a.
9.j General Plan Update Progress Report – June 2026
Received and filed a progress report on the Comprehensive General Plan Update.
10. PUBLIC HEARINGS
10.a Directing the Levy of Annual Assessments for Fiscal Year 2026-27 City Manager Downing introduced Capital Improvement Project Manager Theresa Wren. CIP Manager Wren presented the Item.
Mayor Ray Russom opened the public hearing. Upon hearing no public comments, Mayor Ray Russom closed the public hearing.
Moved by Mayor Pro Tem Maraviglia
Seconded by Council Member Secrest
Adopt Resolutions entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE CONFIRMING THE DIAGRAM AND ASSESSMENTS, AND DIRECTING
THE LEVY OF THE ANNUAL ASSESSMENTS RELATED TO THE PARKSIDE VILLAGE
ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (STREETS AND HIGHWAYS CODE SECTIONS 22500 ET. SEQ.) FOR FISCAL YEAR 2026-2027"; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE CONFIRMING THE DIAGRAM AND ASSESSMENTS, AND DIRECTING THE LEVY
OF THE ANNUAL ASSESSMENTS RELATED TO THE GRACE LANE ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (STREETS AND HIGHWAYS CODE SECTIONS 22500 ET. SEQ.) FOR FISCAL YEAR 2026-2027"; and "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
CONFIRMING THE DIAGRAM AND ASSESSMENTS, AND DIRECTING THE LEVY OF THE
ANNUAL ASSESSMENTS RELATED TO THE ARROYO GRANDE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1, WITHIN TRACT 1769, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (STREETS AND HIGHWAYS CODE SECTIONS 22500 ET. SEQ.) FOR FISCAL YEAR 2026-2027"; and find the proposed action is exempt from CEQA under State CEQA Guidelines § 15302 and State CEQA Guidelines § 15378(b)(5).
AYES (4): Mayor Pro Tem Maraviglia, Council Member Secrest, Council Member Guthrie, and Mayor Ray Russom
ABSENT (1): Council Member Loe
Passed (4 to 0)
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JUNE 23, 2026
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8 Item 9.a.
11. BUSINESS ITEMS
11.a Pre-application 26-001; Canyon Crest Off-Site Wastewater Treatment Interim Community Development Director Perez presented the Item and responded to questions from Council. City Manager Downing provided additional information and responded to questions from Council.
Mayor Ray Russom invited public comment. Speaking from the public was David Crater, No Name Provided, Jim Munro, Jay Kuchek, Nyri Achadjian, Rob Miller, Jody Venema. No further public comments were received.
Councilmembers Secrest, Guthrie, Mayor Pro Tem Maraviglia, and Mayor Ray Russom disclosed they had ex parte communications with the applicant.
Council discussion ensued with informal support of the applicant's proposal. Council directed staff to consider the cost to City system capacity (not of sanitation district) in the General Plan; include indemnifications so there is no risk to ratepayers (possibly bonding) as well as making sure there is no risk of contamination of water supply; consider wastewater impact fees and a system buy-in cost (similar to equity share); and to come back to City Council with the MOU.
No action was taken on this item.
12. COUNCIL COMMUNICATIONS
Mayor Ray Russom commented on Arroyo Grande hosting the Mayor's meeting on June 26th at The Gallery.
Council Member Secrest commented on attending an event with the Mayor as celebrity bakers to raise money for the Arroyo Grande Valley Rotary Club, and shared an inspirational quote.
13. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 7:33 pm.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk
Item 9.b.
MEMORANDUM
TO: City Council
FROM: Megan Schotborgh, Interim Director of Administrative Services SUBJECT: Cash Disbursement Ratification
DATE: July 28, 2026
RECOMMENDATION:
Review and ratify the attached listing of cash disbursements for the period of June 1 through June 30, 2026.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is a $3,389,749.93 fiscal impact for the period of June 1 through June 30, 2026, that includes the following items:
Accounts Payable Checks $2,345,408.53
Payroll & Benefit Checks $1,044,341.40
BACKGROUND:
Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Administrative Services staff review all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City’s Purchasing Policies and Procedures Manual.
ANALYSIS OF ISSUES:
The attached listing represents the cash disbursements required for normal and usual operations during the period. The disbursements are accounted for in the FY 2025-26 budget.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendation;
2. Do not approve staff’s recommendation; or
3. Provide other direction to staff.
Item 9.b.
City Council
Cash Disbursement Ratification
July 28, 2026
ADVANTAGES:
The Administrative Services Department monitors payments of invoices for accountability, accuracy, and completeness using standards approved by the City Council.
Invoices are paid in a timely manner to establish goodwill with merchants. Discounts are taken where applicable.
DISADVANTAGES:
There are no disadvantages identified in this recommendation.
ENVIRONMENTAL REVIEW:
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. (c)(2)-(3), 15378.)
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. June 1 through June 30, 2026 – Accounts Payable Check Register
2. June 12 and June 26, 2026 – Payroll & Benefit Check Registers
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
.
General Fund 454,652.00 5101 Salaries Full time 278,635.50 Streets Fund 20,381.83 5101 Volunteer Employee Retirement - Sewer Fund 34,789.32 5102 Salaries Part-Time - PPT 6,066.60 Water Fund 45,160.00 5103 Salaries Part-Time - TPT 7,688.88 554,983.15 5105 Salaries OverTime 19,783.00
5106 Salaries Strike Team OT -
5107 Salaries Standby 1,848.55
5108 Holiday Pay 32,759.79
5109 Sick Pay 9,456.71
Administrative Services - 5110 Annual Leave Buyback -
Information Services - 5111 Vacation Buyback -
Community Development - 5112 Sick Leave Buyback -
Police 17,818.90 5113 Vacation Pay 1,483.93
Public Works - Maintenance 1,119.66 5114 Comp Pay 1,613.02 Public Works - Enterprise 844.44 5115 Annual Leave Pay 14,784.52 Recreation - Administration - 5116 Salaries - Police FTO 460.48 Recreation - Special Events - 5121 PERS Retirement 41,437.04 19,783.00 5122 Social Security 30,663.05
5123 PARS Retirement 204.57
5126 State Disability Ins. 5,245.33
5127 Deferred Compensation 1,999.98
5131 Health Insurance 59,333.24
5132 Dental Insurance 2,991.36
5133 Vision Insurance 769.71
5134 Life Insurance 370.98
5135 Long Term Disability 423.52
5137 Leave Payouts 34,464.87
5142 Unemployment Insurance -
5143 Uniform Allowance 121.79
5144 Car Allowance 894.00
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 17.73
5150 Bi-Lingual Pay 200.00
5151 Cell Phone Allowance 1,265.00
554,983.15
OVERTIME BY DEPARTMENT:
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
05/22/2026-06/04/2026
6/12/2026
BY FUND BY ACCOUNT
Attachment 2
.
General Fund 426,547.30 5101 Salaries Full time 268,859.62 Streets Fund 19,968.27 5101 Volunteer Employee Retirement - Sewer Fund 16,541.55 5102 Salaries Part-Time - PPT 1,803.58 Water Fund 26,301.13 5103 Salaries Part-Time - TPT 11,823.54 489,358.25 5105 Salaries OverTime 10,226.42
5106 Salaries Strike Team OT -
5107 Salaries Standby 1,656.55
5108 Holiday Pay 5,453.73
5109 Sick Pay 5,180.55
Administrative Services - 5110 Annual Leave Buyback -
Information Services - 5111 Vacation Buyback -
Community Development - 5112 Sick Leave Buyback -
Police 9,144.09 5113 Vacation Pay 17,950.36
Public Works - Maintenance 909.66 5114 Comp Pay 5,636.03 Public Works - Enterprise 172.67 5115 Annual Leave Pay 21,124.63 Recreation - Administration - 5116 Salaries - Police FTO 392.03 Recreation - Special Events - 5121 PERS Retirement 39,171.68 10,226.42 5122 Social Security 26,260.70
5123 PARS Retirement 206.83
5126 State Disability Ins. 4,508.92
5127 Deferred Compensation 1,916.65
5131 Health Insurance 57,936.88
5132 Dental Insurance 2,912.64
5133 Vision Insurance 733.78
5134 Life Insurance 378.62
5135 Long Term Disability 464.22
5137 Leave Payouts 2,320.50
5142 Unemployment Insurance -
5143 Uniform Allowance 121.79
5144 Car Allowance 888.00
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay -
5150 Bi-Lingual Pay 200.00
5151 Cell Phone Allowance 1,230.00
489,358.25
OVERTIME BY DEPARTMENT:
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
06/05/2026-06/18/2026
6/26/2026
BY FUND BY ACCOUNT
Attachment 2
Item 9.c.
MEMORANDUM
TO: City Council
FROM: Megan Schotborgh, Interim Director of Administrative Services SUBJECT: Statement of Investment Deposits for May 2026
DATE: July 28, 2026
RECOMMENDATION:
Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of May 31, 2026, as required by Government Code Section 53646(b).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no funding impact on the City related to these reports. However, the City does receive interest revenue based on the interest rate of the investments. Little to no future staff time is projected.
BACKGROUND:
The Administrative Services department has historically submitted to the City Council a monthly report providing the following information:
1. Type of investment.
2. Financial institution (bank, savings and loan, broker, etc.).
3. Date of maturity.
4. Principal amount.
5. Rate of interest.
6. Current market value for all securities having a maturity of more than 12 months.
7. Relationship of the monthly report to the annual statement of investment policy.
ANALYSIS OF ISSUES:
This report represents the City’s investments as of May 31, 2026, and includes all investments managed by the City. As of May 31, 2026, the investment portfolio complied with all State laws and the City’s investment policy.
Item 9.c.
City Council
Statement of Investment Deposits for May 2026
July 28, 2026
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendation to receive and file the attached report listing the investment deposits;
2. Do not approve staff’s recommendation; or
3. Provide other direction to staff.
ADVANTAGES:
Safety of principal is the foremost objective of the City. Investments are undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.
DISADVANTAGES:
Some level of risk is present in any investment transaction. Losses could be incurred due to market price changes, technical cash flow complications such as the need to withdraw a non-negotiable Time Certificate of Deposit early, or even the default of an issuer. To minimize such risks, diversification of the investment portfolio by institution and by investment instruments are being used as much as is practical and prudent.
ENVIRONMENTAL REVIEW:
The Statement 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. (c)(2)-(3), 15378).
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. Portfolio Summary: May 31, 2026
CITY OF ARROYO GRANDE
Portfolio Summary
May 31, 2026
Investments Principal Value
Current Market
Value
Interest
Rate Date of Purchase Term Maturity Date
% of
Portfolio
Local Agency Investment Fund $ 11,779,931.23 $ 11,779,931.23 3.810% 42.503% Certificates of Deposit
Pacific Premier Bank 249,000.00 249,000.00 3.680% February 21, 2026 12 mos February 21, 2027 0.898% UBS Bank USA 249,000.00 249,000.00 0.900% July 21, 2021 60 mos July 21, 2026 0.898% Toyota Financial Savings Bank 248,000.00 248,000.00 0.950% July 22, 2021 60 mos July 22, 2026 0.895% Chartway Federal Credit Union 248,000.00 248,000.00 5.250% July 28, 2023 60 mos July 28, 2026 0.895% California Credit Union Glendale 243,000.00 243,000.00 5.450% October 26, 2023 36 mos October 26, 2026 0.877% Alliant Credit Union 248,000.00 248,000.00 5.500% November 15, 2023 36 mos November 16, 2026 0.895% Capital One Bank USA 248,000.00 248,000.00 1.250% December 8, 2021 60 mos December 8, 2026 0.895% Bank United NA 249,000.00 249,000.00 1.350% December 8, 2021 60 mos December 8, 2026 0.898% Paragon Bank TN 245,000.00 245,000.00 4.050% March 19, 2025 24 mos March 19, 2027 0.884% Discover Bank 246,000.00 246,000.00 3.200% May 18, 2022 60 mos May 19, 2027 0.888% United Teletech Financial Credit Union 248,000.00 248,000.00 5.100% November 8, 2023 48 mos November 8, 2027 0.895% Medallion Bank UT 249,000.00 249,000.00 4.000% March 14, 2025 36 mos March 14, 2028 0.898% Amerant Bank NA 245,000.00 245,000.00 4.050% March 28, 2025 36 mos March 28, 2028 0.884% Freedom Northwest Credit Union 249,000.00 249,000.00 4.000% March 28, 2025 36 mos March 28, 2028 0.898% Morgan Stanley Bank 244,000.00 244,000.00 4.650% April 6, 2023 60 mos April 6, 2028 0.880% Maine Savings Federal Credit Union 249,000.00 249,000.00 4.800% July 21, 2023 60 mos July 21, 2028 0.898% SkyOneFederal Credit Union 249,000.00 249,000.00 3.900% October 25, 2024 48 mos October 25, 2028 0.898% Merrick Bank UT 249,000.00 249,000.00 4.000% March 19, 2025 48 mos March 19, 2029 0.898% Bank Hapoalim BM New York 244,000.00 244,000.00 4.500% May 21, 2024 60 mos May 21, 2029 0.880% Morgan Stanley Private Bank 244,000.00 244,000.00 4.650% May 22, 2024 60 mos May 22, 2029 0.901% Goldman Sachs Bank USA 245,000.00 245,000.00 4.000% March 18, 2025 60 mos March 18, 2030 0.905% BMW Bank NA Salt Lake 245,000.00 245,000.00 4.000% May 16, 2025 48 mos May 16, 2029 0.884% Texas Exchange Bank Crowley 249,000.00 249,000.00 4.000% May 23, 2025 48 mos May 23, 2029 0.898% Wells Fargo Bank Natl Assn 249,000.00 249,000.00 3.950% May 29, 2025 48 mos May 29, 2030 0.898% Security First Bk Lincoln Neb 245,000.00 245,000.00 3.950% July 3, 2025 48 mos July 3, 2030 0.884% Synchrony Bank 245,000.00 245,000.00 3.600% October 24, 2025 60 mos October 24, 2030 0.884% Institution for Svgs Newbury 249,000.00 249,000.00 3.650% October 28, 2025 60 mos October 28, 2030 0.898% State Bank India New York 245,000.00 245,000.00 3.900% April 7, 2026 60 mos April 7, 2031 0.884% Celtic Bank Salt Lake City 249,000.00 249,000.00 3.900% April 17, 2026 60 mos April 17, 2031 0.898% Total Certificates of Deposit 7,164,000.00 7,164,000.00 25.886% Attachment 1
CITY OF ARROYO GRANDE
Portfolio Summary
May 31, 2026
Investments Principal Value
Current Market
Value
Interest
Rate Date of Purchase Term Maturity Date
% of
Portfolio
Agency Bonds
Federal Home Loan Bank 994,396.00 988,170.00 2.400% March 17, 2021 72 mos March 29, 2027 3.588% Federal Home Loan Bank 500,000.00 497,080.00 3.375% May 17, 2022 60 mos May 17, 2027 1.804% Federal Agriculture Mortgage Corp 495,174.00 497,590.00 3.580% October 28, 2024 36 mos October 7, 2027 1.787% Federal Agriculture Mortgage Corp 2,029,036.00 2,033,060.00 4.650% May 17, 2024 60 mos April 26, 2029 7.321% Total Agency Bonds 4,018,606.00 4,015,900.00 14.500%
Municipal Bonds
California State Taxable GO Unlimited 1,256,116.00 1,326,238.20 3.500% November 1, 2023 53 mos April 1, 2028 4.532% California State Taxable GO Unlimited 501,880.50 494,648.00 1.750% April 1, 2026 57 mos April 1, 2028 1.811% California State Taxable GO Unlimited 525,935.25 544,829.75 2.500% December 19, 2024 57 mos October 1, 2029 1.898% Total Municipal Bonds 2,283,931.75 2,365,715.95 8.241%
Treasury Obligations
U.S. Treasury Z-2026 Series 984,728.00 1,000,000.00 1.100% December 6, 2021 53 mos May 31, 2026 3.553% U.S. Treasury Note 1,484,520.00 1,461,615.00 3.625% March 16, 2026 52 mos November 30, 2030 5.356% Total Treasury Obligations 2,469,248.00 2,461,615.00 8.909% TOTAL INVESTMENTS $ 27,715,716.98 $ 27,787,162.18 100.000% Attachment 1
Item 9.d.
MEMORANDUM
TO: City Council
FROM: Megan Schotborgh, Interim Director of Administrative Services SUBJECT: Resolution to Update Authorized Personnel for Financial Institutions DATE: July 28, 2026
RECOMMENDATION:
1) Adopt a Resolution authorizing transactions of City funds in various financial institutions; and
2) Determine that adopting a resolution authorizing the deposit of City funds in various financial institutions and updating the names of designated employees in certain positions who are authorized to make deposits of City funds and enter into banking or investment arrangements is not 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, Cal. Code Regs., tit. 14, §§ 15060, subd. (c)(2)-(3), 15378.).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There are no significant financial or personnel resource impacts to updating the Resolution.
BACKGROUND:
On February 25, 20251, the City Council adopted Resolution No. 2025-013, which authorized the deposit of City funds in various financial institutions and authorized certain employees to act on behalf of the City in banking or investment relationships. Since that time, the Resolution has been updated as position titles and banking regulations have changed.
ANALYSIS OF ISSUES:
Regulations for the banking industry require that the City’s Resolution authorizing employees to act on behalf of the City in banking and investment relationships include the names of the employees currently serving in the position, rather than just the titles.
Following the resignation of the Director of Administrative Services, it is necessary to update the City's authorized banking representatives. The Resolution removes Nicole
1 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=13846
Item 9.d.
City Council
Resolution to Update Authorized Personnel for Financial Institutions July 28, 2026
Valentine as an authorized representative effective upon her separation from the City and designates Megan Schotborgh, Interim Director of Administrative Services, as an authorized representative for the City's banking and investment accounts. No other changes to the City's banking authority are proposed.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution as presented;
2. Modify and adopt the Resolution; or
3. Provide other direction to staff.
ADVANTAGES:
Updating the Resolution will reflect the current names of persons authorized to enter into banking and investment relationships for the City and provide documentation compliant with banking regulations.
DISADVANTAGES:
There are no disadvantages in relation to the recommended action.
ENVIRONMENTAL REVIEW:
Adopting a resolution authorizing the deposit of City funds in various financial institutions and updating the names of designated employees in certain positions who are authorized to make deposits of City funds and enter into banking or investment arrangements is not 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, Cal. Code Regs., tit. 14, §§ 15060, subd. (c)(2)- (3), 15378.)
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. Resolution
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING TRANSACTIONS OF
CITY FUNDS IN VARIOUS FINANCIAL INSTITUTIONS
WHEREAS the City of Arroyo Grande normally has excess funds not currently needed to fund operating expenditures, and such excess funds are currently deposited by prior agreement with various financial institutions, including, but not limited to the State Local Agency Investment Fund (LAIF); and
WHEREAS, Government Code Section 53635 distinguishes between “deposits” and “investments”, and specifically provides that City monies shall be “deposited” in State or National banks, or State or Federal savings and loan associations, or may be “invested” in specified instruments; and
WHEREAS, eligible financial institutions include banks and savings and loans and are used primarily for active demand deposits (checking accounts and passbook savings), inactive deposits (non-negotiable time certificates), and investment instruments; and WHEREAS, eligible financial institutions require a listing of authorized signers who are legally approved to perform financial transactions on behalf of the City, which may be modified from time to time due to changes in staffing; and WHEREAS, authorizing the deposit of City funds in various financial institutions and updating the names of designated employees in certain positions who are authorized to make deposits of City funds and enter into banking or investment arrangements is not 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, Cal. Code Regs., tit. 14, §§ 15060, subd. (c)(2)- (3), 15378.)
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows:
1. That the Recitals above are hereby incorporated by reference.
2. That the City of Arroyo Grande employees in the positions listed below are hereby authorized to enter into agreements to deposit or withdraw money from financial institutions located in California, including United States branches of foreign banks licensed to do business in California, upon a determination of financial soundness of such financial institutions, by the City of Arroyo Grande.
Director of Administrative Services/City Treasurer
Interim Director of Administrative Services
Finance Manager
City Manager
RESOLUTION NO.
PAGE 2
3. That the employees listed below are currently filling the designated positions as of the date of this Resolution.
Director of Administrative Services/City Treasurer: Vacant Interim Director of Administrative Services/Finance Manager: Megan Schotborgh City Manager: Matthew Downing
4. This Resolution supersedes Resolution 2025-013 dated February 25, 2025, and any and all other resolutions inconsistent herewith.
On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 28 th day of July, 2026.
RESOLUTION NO.
PAGE 3
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
__
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
Item 9.e.
MEMORANDUM
TO: City Council
FROM: Ashley Garcia, Human Resources Officer
SUBJECT: Adoption of Successor Memorandum of Understanding between the City and SEIU
DATE: July 28, 2026
RECOMMENDATION:
1) Adopt a Resolution approving a three-year Successor Memorandum of Understanding (MOU) between the City of Arroyo Grande and the Service Employees International Union (SEIU) for the period of July 1, 2026 through June 30, 2029; and 2) Find that approval of the Resolution 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.)
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Total costs of economic impact items contained in the MOU over the three-year contract period are approximately $308,000 in total compensation for the represented group. The FY 2026-27 total estimated cost is $105,000 and is included in the fiscal year budget. The FY 2027-28 and FY 2028-29 budgets will incorporate the contractually obligated amounts.
Approval of the three-year MOU will result in significant savings in staff time and consultant services compared with negotiating annually.
BACKGROUND:
The Memorandum of Understanding between the City and the Service Employees International Union (SEIU), representing employees in the City's miscellaneous bargaining unit, expired on June 30, 2026.
Representatives of the City and SEIU met and conferred in good faith pursuant to the Meyers-Milias-Brown Act (Government Code sections 3500 et seq.) to negotiate a successor agreement. Following multiple bargaining sessions, the parties reached a tentative agreement. The agreement was subsequently ratified by the SEIU membership and is now presented to the City Council for final approval.
Item 9.e.
City Council
Adoption of Successor Memorandum of Understanding between the City and SEIU July 28, 2026
The successor MOU reflects the City's commitment to maintaining competitive compensation, supporting employee recruitment and retention, recognizing internal equity, and updating operational provisions to reflect current organizational needs.
ANALYSIS OF ISSUES:
The successor MOU includes several significant changes resulting from collaborative negotiations and the City's recently completed comprehensive Classification and Compensation Study.
Classification and Compensation Study
The City recently completed a comprehensive Classification and Compensation Study evaluating classifications represented by SEIU. The study assessed external market competitiveness, internal equity, classification specifications, and organizational alignment. As a result of the study:
Salary ranges for identified classifications have been adjusted to address market competitiveness and internal equity.
Certain classifications determined to be appropriately compensated within the labor market will receive negotiated cost-of-living adjustments but will not receive additional equity adjustments.
Select classification titles have been updated to better reflect current job duties and organizational structure where appropriate.
A summary of classification and salary range adjustments is included as an attachment to the MOU.
These adjustments are intended to improve recruitment and retention while maintaining an equitable compensation structure throughout the organization.
General Wage Adjustments
The successor agreement provides the following negotiated Cost-of-Living Adjustments:
Year One (effective July 31, 2026): 3.5%
Year Two: 2.5%
Year Three: 2.5%
These adjustments are intended to maintain competitive compensation while balancing the City's long-term fiscal sustainability.
Item 9.e.
City Council
Adoption of Successor Memorandum of Understanding between the City and SEIU July 28, 2026
Cafeteria Plan Contribution
The agreement updates the City's Cafeteria Plan contribution to align with current marketrate employer contributions to health insurance costs. The revised contribution structure supports the City's continued investment in employee benefits while promoting consistency across employee groups where appropriate.
Utilities Division Reorganization
The successor MOU incorporates agreed-upon changes associated with the reorganization of the Utilities Division. These changes include:
Updates to specific classification titles.
Clarification of reporting relationships and responsibilities. Establishment of required certifications for designated classifications. Recognition of certification timelines and qualification requirements necessary to support regulatory compliance and operational efficiency.
Memorializing these provisions within the MOU provides greater clarity regarding expectations for employees occupying these specialized positions.
Other Items and Administrative Updates
Other items agreed upon include updates to Safety Boot Allowance, Holidays, Cafeteria Plan Opt-Out amount, and Short-term Disability premium City contribution. It adds a longevity incentive for members with ten years of continuous service to the City. The MOU also contains clarification of existing contract language related to dues deduction, contracting out, Skelly meeting, bereavement leave, retiree medical qualification, out of classification/acting pay, date when payout of vacation leave occurs and incorporation of side letter language from 2024.
In addition, the agreement includes a number of administrative revisions intended to improve clarity, consistency, and ease of administration including, but are not limited to:
Updated terminology and classification references.
Revisions to reflect current City practices.
Removal of obsolete provisions.
Technical and formatting corrections.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Staff’s recommendation;
2. Amend and adopt the Resolution; or
Item 9.e.
City Council
Adoption of Successor Memorandum of Understanding between the City and SEIU July 28, 2026
3. Provide other direction to staff.
ADVANTAGES:
Adopting the proposed Resolution will provide employee salaries and benefits that ensure consistent and fair compensation and achieve the City’s goals for the Classification and Compensation plan. Adjusting employee salaries and benefits for the bargaining unit in accordance with the recently completed Classification and Compensation Study keeps salaries competitive in the local market compared with similar cities for retention purposes.
DISADVANTAGES:
The recommendation will increase costs to future budgets.
ENVIRONMENTAL REVIEW:
Approval of the Resolution 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.)
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. Resolution
Exhibit A - Memorandum of Understanding between Service Employees International Union Local 620 Arroyo Grande Chapter and City of Arroyo Grande
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADOPTING A MEMORANDUM OF UNDERSTANDING FOR
EMPLOYEES REPRESENTED BY THE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 620 AND REPEALING RESOLUTION
NO. 5318
WHEREAS, the City Council deems it to be in the best interest of the City of Arroyo Grande and its employees represented by the Service Employees International Union Local 620 that compensation be fixed for all full-time non-management employees as herein provided; and
WHEREAS, the City has established compensation and working conditions through the meet and confer process with the designated employee representatives as set forth in Exhibit “A”; entitled Memorandum of Understanding between the City of Arroyo Grande and the Service Employees International Union Local 620 (“SEIU MOU”), a copy of which is attached hereto and incorporated herein by this reference; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve the MOU with SEIU. This Resolution shall be effective as of July 1, 2026 with economic impact items effective July 31, 2026.
BE IT FURTHER RESOLVED that this Resolution repeals Resolution No. 5318, which established salary and benefits for full-time employees represented by the Service Employees International Union Local 620.
On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 28th day of July, 2026.
RESOLUTION NO.
PAGE 2
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
EXHIBIT A
2026/27 – 2028/29 (Three Year)
MEMORANDUM OF UNDERSTANDING
BETWEEN
SERVICE EMPLOYEES
INTERNATIONAL UNION
LOCAL 620
Arroyo Grande Chapter
AND
CITY OF ARROYO GRANDE
2026/27 – 2028/29 MEMORANDUM OF UNDERSTANDING
SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 620
ARROYO GRANDE CHAPTER
TABLE OF CONTENTS
ARTICLE 1: TERM OF MEMORANDUM …………………………………. 1
ARTICLE 2: RECOGNITION .………………………………………………. 1
ARTICLE 3: NONDISCRIMINATION ..…………………………………….. 1
ARTICLE 4: UNION RIGHTS ..……………………………………………… 2
4.1 Representation ..……………………………………… 2
4.2 Bulletin Board ..………………………………………. 2
4.3 Union Stewards ..…………………………………….. 3
4.4 Dues Deduction ……………………………………… 3
4.5 Use of City Facilities ……..…………………………. 4
4.6 Contracting Out …..………………………………….. 4
ARTICLE 5: GRIEVANCE PROCEDURE ..………..……………………… 4
ARTICLE 6: PRE-DISCIPLINARY (“SKELLY”) MEETING……………… 8
ARTICLE 7: DISCIPLINARY APPEAL PROCEDURE ....……………….. 8 ARTICLE 8: MANAGEMENT RIGHTS ..…………………………………… 10
ARTICLE 9: WAGES / INCREASES ..……………………………………… 10
9.1 Advancement in Salary ..……………………………. 13
9.2 Paychecks ..…………………………………………… 14
9.3 Educational Pay .…………………………………….. 14
9.4 Shift Differential …………………………………..….. 15
9.5 Merit Increases ……………………………………….. 15
ARTICLE 10: NO STRIKE / NO LOCKOUT ..………………………………. 15
ARTICLE 11: SPECIAL PAY PRACTICES ………………………………… 15
11.1 Flex-Time Schedules ……………………………….. 15
11.2 Use of Private Vehicle/Mileage Rate ……………... 15
11.3 Callback Pay ………………………………………….. 16
11.4 Hours of Work and Overtime ………………………. 16
11.5 Standby Pay …………………………………………... 16
11.6 Rest Periods and Breaks …………………………… 17
11.7 Alternate Work Schedules .………………………… 17
11.8 Bilingual Pay ..…………….………………………….. 17
11.9 Water Treatment and Distribution Cert. Pay.......... 17
11.10 Class A and B Licenses ……………………………. 19
ARTICLE 12: INSURANCE …………………………………………………… 19
12.1 Medical Insurance Benefits ………………………… 19
12.2 Cafeteria Plan …….…………………………………... 20
12.3 Vision Insurance ……………………………………... 21
12.4 Life Insurance Plan ………………………………….. 21
12.5 State Disability Insurance ………………………….. 21
12.6 Dental Insurance Plan ………………………………. 22
ARTICLE 13: HOLIDAY LEAVE …………………………………………….. 22
ARTICLE 14: VACATION LEAVE …………………………………………… 23
ARTICLE 15: SICK LEAVE ………………………………………………….. 24
ARTICLE 16: LEAVES OF ABSENCE ……………………………………… 25
16.1 Bereavement Leave …………………………………. 25
16.2 Family Leave …………………………………………. 25
16.3 Medical Leave ………………………………………… 26
16.4 Emergency Leave ……………………………………. 26
16.5 Jury Duty ………………………………………………. 27
16.6 Military Leave …………………………………………. 27
ARTICLE 17: UNIFORM ALLOWANCE ……………………………………. 27
17.1 Safety Shoes ………………………………………….. 27
17.2 Safety Glasses ………………………………………… 28
ARTICLE 18: RETIREMENT …………………………………………………. 28
18.1 PERS Retirement Contributions …………………… 28
18.2 Retirement Defined …………………………………… 29
18.3 Retiree Medical ……………………………………….. 29
18.4 Deferred Compensation ……………………………… 29
ARTICLE 19: PROBATIONARY PERIOD …………………………………. 30
ARTICLE 20: PROMOTION …………………………………………………. 30
ARTICLE 21: PROMOTIONAL OPPORTUNITIES ……………………….. 31
21.1 Posting ………………………………………………… 31
21.2 Selection ………………….…………………………… 31
21.3 Recommended Candidates …………….………….. 32
21.4 Appointment ……………………...……….………….. 32
ARTICLE 22: MAINTENANCE WORKER JOB SERIES………………….. 32
ARTICLE 23: ENGINEER JOB SERIES…………………….……………….. 32
ARTICLE 24: TRANSFERS …………………………………………………. 32
ARTICLE 25: DEMOTION …………………………………………………… 33
ARTICLE 26: LAYOFFS AND DISPLACEMENT ………………………… 33
ARTICLE 27: PERSONNEL RECORDS …………………………………… 34
ARTICLE 28: RESIGNATION ……………………………………………….. 34
ARTICLE 29: OUTSIDE EMPLOYMENT …………………………………… 35
ARTICLE 30: POSITION VACANCIES ……………………………………… 35
ARTICLE 31: POSITION CLASSIFICATION ………………………………. 35
ARTICLE 32: PROFESSIONAL DEVELOPMENT ………………………… 36
ARTICLE 33: UNIT ASSIGNMENTS ………………………………………… 36
ARTICLE 34: MAINTENANCE OF BENEFITS AND TERMS AND
CONDITIONS ………………………………………………….. 36
ARTICLE 35: M.O.U. IMPLEMENTATION …………………………………. 36
ARTICLE 36: OBLIGATION TO MEET AND WAIVER CLAUSE ……….. 37 ARTICLE 37: SAVINGS CLAUSE …………………………………………… 37
ARTICLE 38: POLICY CONFLICTS…………………………………………… 37
1 2026/27 – 2028/29
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ARROYO GRANDE
AND
LOCAL 620, SERVICE EMPLOYEES INTERNATIONAL UNION,
ARROYO GRANDE CHAPTER
THE PARTIES HAVE MET AND CONFERRED IN GOOD FAITH REGARDING
EMPLOYMENT TERMS AND CONDITIONS FOR THE EMPLOYEES COMPRISING
THE ABOVE RECOGNIZED EMPLOYEE ORGANIZATION FOR THE GENERAL
SERVICES UNIT AND SUPERVISORS UNIT AND, HAVING REACHED AGREEMENT,
AS HEREIN SET FORTH, SUBMIT THIS MEMORANDUM OF UNDERSTANDING TO
THE CITY COUNCIL, WITH JOINT RECOMMENDATION THAT COUNCIL ADOPT THE
TERMS AND CONDITIONS AND TAKE SUCH OTHER ADDITIONAL ACTIONS AS MAY BE NECESSARY TO IMPLEMENT ITS PROVISIONS.
ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of Memorandum of Understanding shall be from July 1, 2026 until June 30, 2029, effective the first pay period following City Council adoption and thereafter shall continue from year to year. Either party may request modification by March 15, 2029, in which event, meeting and conferring shall begin no later than April 15, 2029.
During the term of this agreement only, if the POA, or the unrepresented Bargaining Unit receives either: (1) an across the unit general wage increase; (2) a Cost of Living Adjustment (COLA); or (3) a larger employer contribution to medical insurance premiums (total dollar contribution amount), SEIU shall automatically receive the same general wage increase, COLA, or increase to total medical contribution.
This provision shall automatically expire at the end of this contract. This provision does not apply to any market adjustments that are specific to classification wage adjustments.
ARTICLE 2. RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining agent for all permanent classifications in the Supervisory Employees’ representation unit and General Services unit.
ARTICLE 3. NONDISCRIMINATION
The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby without discrimination because of race, color, sex, physical disability, age, national origin, religious affiliation, or Union membership.
2 Employees may elect to exercise their right to join and participate in the activities of the Union for the purposes of representation in all matters of their working conditions and employer-employee relations. The parties agree that there shall be no restraint, coercion, or interference with any employee with respect to or because of the employee’s membership in said Union. The City and the Union agree that each employee shall be treated equally, fairly, and with dignity and respect.
The Union and the City agree to support the Affirmative Action Program established by the City and that there shall be no discrimination within their respective organizations because of race, creed, sex preference, color, national origin, age, disability, or political belief.
Any party alleging a violation of this article shall have the burden of providing the existence of a discriminatory act or acts and/or proving that, but for such act or acts, the alleged injury or damage to the grievant would not have occurred.
Discrimination complaints based on Union membership and/or activity shall continue to be subject to the grievance procedure and arbitration.
ARTICLE 4. UNION RIGHTS
4.1 Representation
With respect to the meet-and-confer process, three (3) Union representatives shall be the maximum number of employees allowed to meet with City representatives on City time during their normal working hours for the purpose of meeting and conferring in good faith without loss of pay or any benefits.
4.2 Bulletin Board
The City will furnish, for the use of the Union, reasonable bulletin board space at reasonable locations. Such bulletin board space shall be used only for the following subjects:
- Union recreational, social, and related news bulletins; - Scheduled Union meetings;
- Information concerning Union elections or the results thereof; - Reports of official business of Union, including reports of committees or the Board of Directors; and
- All material shall clearly state that it is prepared and authorized by the Union.
Union agrees that notices posted on City bulletin boards shall not contain anything that may reasonably be construed as maligning the City or its representatives.
3 4.3 Union Stewards
A. The City authorizes the Arroyo Grande Chapter of the Service Employees International Union to appoint three (3) “Union Stewards” and one (1) alternate, any of which may represent an employee subject to the City’s grievance procedure (Article 5).
B. The Union shall provide the City Manager with a list of all authorized Union stewards, and the list shall be kept current.
C. An employee and/or his/her “Union Steward” representative may, when and to the extent necessary, take official City time, without loss of compensation, in order to participate in the investigation and processing of a grievance as provided for in Article 5, upon notification and approval of the immediate supervisor or his/her designee.
D. The City Manager will approve employee and/or Union Steward taking official City time to investigate and process a grievance, when and to the extent necessary, and only if it will in no event adversely affect the operational, security, or safety requirements of the City.
E. It is understood that the employee and/or Union Steward shall make every reasonable effort to perform any of the above activities on offduty time.
4.4 Dues Deduction
A. The City agrees to deduct dues twice monthly and remit them to the Union, as approved by the Union Board of Directors and authorized in writing by the individual employees concerned, on forms currently accepted by the City for such deductions.
B. For the employees in the unit who authorize Union dues deductions, the City shall automatically continue such dues deduction.
C. The City agrees to provide the Union the name and deduction status of all unit employees each pay period for which deductions are made.
The report shall include employees hired/transferred into or out of the unit, as well as all those on leaves of absence.
D. Financial Documentation. The Union shall, within ninety (90) days after the end of each fiscal year, make available to the City financial documentation that shall meet the requirements of Government Code Section 3502.2
4 The City agrees to provide the Union the name, department, class, and payroll deduction of all unit employees upon request.
E. All union employees who, on the effective date of this agreement are members of SEIU, Local 620, and all such employees who thereafter voluntarily become members of Local 620, shall maintain their membership in Local 620; subject to the right to resign membership during the period commencing thirty (30) days prior to the end of each fiscal year. The union agrees to indemnify and hold the City harmless from any liabilities which may arise as a result of the application of this article.
4.5 Use of City Facilities
A. The Union may, with prior approval of the City Manager, be granted the use of City facilities for Union business meetings of City employees, provided space is available. No use fee will be charged.
B. The City shall provide, at no cost to the Union, a copy of each City Council agenda (Summary Form). By being provided the agenda, the Union acknowledges the City has met its obligation of notification of matters or issues within the scope of representation on the Council Agenda.
4.6 Contracting Out
The City agrees to communicate with the Union upon request in regard to the following matters:
A. Any proposed subcontracting of services that would result in the elimination of unit member’s job.
B. Changes in services that would result in the elimination of unit member’s job.
C. Consistent with California Assembly Bill 339, the City shall provide the union with at least 45 days’ written notice before issuing a RFP, RFQ, or renewing / extending a contract for services that would perform work currently being performed by bargaining unit employees.
ARTICLE 5. GRIEVANCE PROCEDURE
Purpose:
This grievance procedure shall be the exclusive process to resolve grievances as the term is defined below:
5 A. To resolve grievances informally at the lowest level.
B. To provide an orderly procedure for reviewing and resolving grievances promptly
Definitions:
A. Grievance means a complaint by an employee concerning the interpretation or application of the provisions of this M.O.U. or of rules or regulations governing personnel practices or conditions, which complaint has not been resolved satisfactorily in an informal manner between the employee and his/her immediate supervisor.
B. As used in this procedure, the term “immediate supervisor” means the individual so designated by City management who assigns, reviews, and directs the work of an employee at the first level.
Time Limits:
Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure; however, with the written consent of all parties, the time limitation for any step may be extended.
Step 1:
The grievance initially shall be personally discussed between the employee and his/her immediate supervisor. Within seven (7) working days the immediate supervisor shall give his/her decision or response. The grievant may request this decision or response in writing.
Step 2:
A. If the grievance is not informally resolved to the satisfaction of the grievant in Step 1 a formal grievance may be initiated. A formal grievance must be initiated. A formal grievance must be initiated no later than:
1. Thirty (30) working days after the event of
circumstances occasioning the grievance; or
2. Within seven (7) working calendar days of the Step 1 decision rendered in the informal grievance procedure,
whichever is later.
B. However, if the Step 1 informal grievance procedure is not initiated within the period specified in subsection (1) above,
6 the period in which to bring the grievance shall not be extended by subsection (2) above.
C. A Step 2 grievance shall be initiated in writing on a form prescribed by the City and shall be filed with the person (2) designated by City management who has the responsibility of the next level of supervision within the department. The employee may be represented by a representative of his/her choice.
D. The grievant shall cite the specific provision(s) of the Memorandum of Understanding, ordinance, resolution, or
written rule claimed to have been violated in effect at such time the alleged incident(s) occurred, set forth the facts that purportedly constitute such violation, and the specific remedy sought.
E. Within seven (7) working days after the initiation of the Step 2 grievance, the City’s designated representative for this step shall investigate the grievance and give his/her decision in writing to the grievant.
Step 3:
A. If the grievant is not satisfied with the decision rendered pursuant to Step 2, he/she may appeal the decision within seven (7) working days to the person designated by the City Manager who has the next level of supervision within the department, if any. The employee may be represented by a representative of his/her choice.
B. The designated representative shall respond in writing within seven (7) working days to the grievant. If the designated representative determines it is desirable, he/she shall hold a conference(s) or otherwise investigate the matter.
Step 4:
A. If a designated representative was used in Step 3 above or none was designated and the grievant is not satisfied with the decision rendered pursuant to Step 2 or 3 as applicable, he/she may appeal the decision within seven (7) working days to the City Manager. The employee may be represented by a representative of his/her choice.
B. The City Manager shall respond in writing within seven (7) working days to the grievant. If the City Manager determines it is desirable, he/she shall hold a conference(s) or otherwise investigate the matter.
7 Step 5:
If the grievance is not resolved satisfactorily at the above Step(s), the grievant, with the written concurrence of the Union, within ten (10) days, excluding holidays, may submit the grievance to binding arbitration. Upon mutual agreement of both parties, the time deadline may be extended for a specified number of days. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the arbitrator only after he/she has had an opportunity to hear the merits of the grievance.
The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within ten (10) working days after said notice is given. If the two parties fail to reach agreement on an arbitrator within five (5) days, the State Conciliation Service will be requested to supply a list of five (5) names. Each party will alternately strike from the list until
A. only one (1) name remains. The order of striking will be determined by lot.
B. The arbitrator shall hold a hearing within ten (10) working days of his/her appointment. Five (5) working days’ notice will be given to all parties of the time and place of the hearing. Within ten (10) working days after completion of the hearing, the arbitrator shall render the decision in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted.
The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law or violates the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include a decision for reimbursement for financial loss of wages or fringe benefits or other non-financial remedies as judged to be proper. The arbitrator shall submit to all parties his/her findings that shall be binding and final on both parties.
C. Nothing in the foregoing shall be construed to empower the arbitrator to make any decision amending, changing,
subtracting from, or adding to, the provisions of this
Agreement.
D. The fees and expenses of the arbitrator shall not be the responsibility of the prevailing party. All other expenses shall be borne by the party incurring them, and neither party shall
8 Step 5: (continued)
be responsible for the expense of the witnesses of the other.
If any grievance meeting or hearing shall be scheduled during the work day, any worker required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay or benefits for a reasonable amount of time.
E. Either party may request an individual to make a written record of the entire arbitration hearing. The cost of the services and expense of such individual shall be paid by the requesting parties upon mutual agreement.
F. All documents dealing with the processing of a grievance shall be filed separately from the personnel files of the participants as designated in this Agreement.
ARTICLE 6. PRE-DISCIPINARY (“SKELLY”) MEETING
Prior to the imposition of any disciplinary action that results in loss of pay or other property interest, the City shall provide the employee with a pre-disciplinary meeting, commonly referred to as a ‘Skelly meeting,’ as required by state law. The purpose of the meeting is to allow the employee an opportunity to respond to the proposed disciplinary action before a final decision is made. The employee shall be given advance written notice of the proposed discipline and all materials relied upon and shall have the right to representation. The Skelly meeting shall be conducted by a reasonably impartial party, who shall consider the employee’s response before determining whether to uphold, modify, or withdraw the proposed action.
ARTICLE 7. DISCIPLINARY APPEAL PROCEDURE
Effective for discipline initiated after the date of ratification of this M.O.U., appeals from discipline and discharge of unit employees represented by S.E.I.U. Local 620 only, shall be processed exclusively in accordance with this modified appeal procedure. The provisions of this Article apply only to employees represented by S.E.I.U. Local 620 and supersede any conflicting provisions contained in the Personnel Regulations of the City of Arroyo Grande, Section VIII.D – G inclusive for S.E.I.U. represented employees.
Employees represented by Local 620 receiving a “Notice of Recommended Disciplinary Action” under Section VIII A. of the Personnel Regulations shall have the right to Union representation if he/she so chooses. The City agrees to send copies of all disciplinary notices for represented employees to the Union by Facsimile (FAX) and U.S. Mail at:
(805) 614-7620 (FAX)
Local 620, Service Employees’ International Union
9 114 Vine Street
Santa Maria, CA 93454
Nothing in this Article shall preclude an employee and the City Manager from informal discussions and/or settlements prior to the date of the hearing.
For the purpose of this M.O.U. and as applied to S.E.I.U. represented employees only; the City’s Disciplinary Action procedure is hereby modified as follows:
Section E: Appeal of Disciplinary Action Method of Appeal (S.E.I.U. Only):
Appeals shall be in writing and contain a brief statement about the action being appealed and the reason(s) the employee believes the disciplinary action is not appropriate. The letter of appeal shall be filed with the City Manager within five (5) business days of receiving the notice of disciplinary action.
Upon the filing of an appeal, the City Manager shall set a date for a hearing on the appeal not less than ten (10) days nor more than sixty (60) days from the date of filing. The City Manager or designated representative shall notify all interested parties of the date, time, and place of hearing. The City Manager will also select a Hearing Officer from either the State Mediation and Conciliation Service (SMCS) or another individual selected from a list provided by the SMCS, provided that the person selected to be the Hearing Officer has experience adjudicating Disciplinary Hearings.
Section F: Hearing: No Change to City Personnel Regulations Manual.
Section G: Findings of the Hearing Officer: No Change to City Personnel Regulations Manual.
Section H: Appeal Procedures:
1. Appeal of Findings by Hearing Officer Other Than City Manager – a., b., c.: No Change to City Personnel
Regulations Manual.
2. Appeal of Findings by the City Manager:
An employee who believes the City Manager’s Final Decision contains findings of fact that are erroneous or legal
conclusions which are arbitrary and/or capricious may appeal such findings and resulting proposed disciplinary action(s).
Such appeals shall be made to the City Council. Such appeal shall be filed within twenty (20) working days of receiving the Notice of Disciplinary Action from the City Manager.
10 ARTICLE 8. MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under federal, state, and municipal law and expressly and exclusively retains its management rights, which include, but are not limited to:
the exclusive right to determine the mission of its constituent departments, commissions, boards;
set standards and levels of service;
determine the procedures and standards of selection for employment and promotions;
direct its employees;
determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
maintain the efficiency of governmental operations;
determine the methods, means and numbers and kinds of persons by which government operations are to be conducted;
determine methods of financing;
determine styles and/or types of City-issued equipment to be used; determine and/or change the facilities, methods, technology, means, organizational structure, and composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any work or operations of the City.
ARTICLE 9. WAGES / INCREASES
9.1 Classification and Compensation Study Implementation The City completed a comprehensive classification and compensation study to evaluate the City's classification structure, internal equity, and external market competitiveness.
Based on the results of the study:
1. Classifications determined to be appropriately compensated relative to the market will not receive equity adjustments to their salary ranges. Employees in these
11 classifications will continue to receive negotiated general salary adjustments (costof-living adjustments) provided under this Memorandum of Understanding.
2. Equity Adjustments: Classifications identified as requiring equity adjustments to achieve appropriate market alignment will receive salary range adjustments as reflected in the Salary Schedule attached to this Memorandum of Understanding.
Employees in classifications receiving an equity adjustment shall be placed at a step within the new salary range that provides a base salary increase of no less than
2.5% above their base rate of pay in effect immediately prior to adoption of the MOU.
3. Title Changes: Classification title changes are included only for positions where the study determined that a revised title more accurately reflects the duties and responsibilities of the classification. Classification titles determined to accurately describe the work performed remain unchanged.
4. Obsolete: It was determined that 3 positions were obsolete and those have been removed from the Classification plan.
All classifications represented by SEIU are listed below, reflecting all agreed upon salary range equity adjustments and/or classification title changes, which is incorporated into and made a part of this Memorandum of Understanding.
Previous Classification Title
Previous
Salary
Range
Classification Title Effective
July 31, 2026
Salary Range
(with Equity
Adjustments)
Effective
July 31, 2026
Accounting Clerk I S15 Accounting Clerk I S16
Accounting Clerk II S21 Accounting Clerk II S21
Assistant Engineer S38 Assistant Engineer S38
Associate Engineer S43 Associate Engineer S44
Program Analyst S38 Business Systems Analyst S41
Community Services Specialist S30 Code Compliance Coordinator S31 Building Permit Technician S26 Community Development
Specialist
S26
Engineering Inspector S38 Engineering Inspector S38
Engineering Technician S26 Engineering Technician S26
Maintenance Worker III S26 Facilities Maintenance
Specialist
S27
Citywide Fleet Coordinator S38 Fleet Maintenance Coordinator S38 GIS Technician S34 GIS Technician S34
Information Technology
Specialist
S38 Information Technology
Specialist
S40
Parks Lead Worker S31 Lead Parks Maintenance
Worker
S32
Public Works Lead Person S31 Lead Streets Maintenance
Worker
S32
Office Assistant I S14 Office Assistant I S14
12 Office Assistant II S18 Office Assistant II S19
Parks, Tree & Landscape
Supervisor
S35 Parks Maintenance Supervisor S37
Maintenance Worker I S17 Parks Maintenance Worker I S17 Maintenance Worker II S21 Parks Maintenance Worker II S21 Maintenance Worker III S26 Parks Maintenance Worker III S27 Recreation Coordinator S26 Recreation Coordinator S27
Recreation Supervisor S35 Recreation Supervisor S35
Senior Accounting Clerk S26 Senior Accounting Clerk S28 Plan/Engineer Permit
Technician
S26 Sr. Community Development
Specialist
S28
Senior Engineer S46 Senior Engineer S50
Soto Sports Complex
Maintenance & Coordinator
Supervisor
S35 Soto Complex Maintenance
Supervisor
S37
Streets Maintenance
Supervisor
S35 Streets Maintenance
Supervisor
S37
Maintenance Worker I S17 Streets Maintenance Worker I S17 Maintenance Worker II S21 Streets Maintenance Worker II S21 Maintenance Worker III S26 Streets Maintenance Worker
III
S27
Maintenance Worker I S17 Utilities Operator I S21
Maintenance Worker II/III S21/S26 Utilities Operator II S26 Maintenance Worker II/III S21/S26 Utilities Operator III S30 Public Works Lead Person S31 Utilities Lead Operator S35 Utilities/Water & Sewer
System Supervisor
S35 Utilities Supervisor S40
Water Services Worker S28 Water Services Worker S32
Administrative Secretary S25 delete
Neighborhood Services
Technician
S21 delete
Sports Facility Coordinator S26 delete
9.2 Cost of Living Adjustments
The City and the S.E.I.U. agree that all position classifications represented by the Union in this Article shall receive salaries as represented in Exhibits “A - C” for the period of first pay period following council agreement on July 28, 2026 through June 30, 2029.
A. Following Council Agreement
The salaries contained in Exhibit “A” shall reflect a 3.5% cost of living salary adjustment and equity adjustments to agreed upon salary ranges effective the first full pay period.
13 B. FISCAL YEAR 2027/2028
For FY 2027/2028 salaries contained in Exhibit “B” shall reflect a 2.5% cost of living salary adjustment effective the first day of the first full pay period after July 1, 2027.
C. FISCAL YEAR 2028/2029
For FY 2028/2029 salaries contained in Exhibit “C” shall reflect a 2.5% cost of living salary adjustment effective the first day of the first full pay period after July 1, 2028.
9.3 Advancement in Salary
The salary range as set forth for each classification is divided into five (5) steps that shall be interpreted and applied as outlined in this Article. Salary step increases as provided herein are not automatic but based on performance and merit. Employees shall be placed on the step and qualify for increase in compensation for advancement to the next higher step of the pay ranges in the manner following:
A. The first step is the minimum rate and normally shall be the hiring rate.
B. The second step is granted to employees who are eligible for this adjustment, after completion of the probationary period. The adjustment shall be made only if granted by the Department Director and subject to the approval of the City Manager or his/her designee.
C. The third step shall be granted to an employee who has proven fully qualified in a given classification for one (1) full additional year from granting of previous step increase only if granted by the Department Director and subject to the approval of the City Manager or his/her designee.
D. The fourth step shall be granted to an employee who has proven above average in a given classification for one (1) full additional year by the Department Director and with the approval of the City Manager or his/her designee.
E. The fifth step shall be granted to an employee who has continued to demonstrate above average performance and has demonstrated continued growth in a given classification for one (1) full additional year by the Department Director and with the approval of the City Manager or his/her designee.
F. A performance report on each employee recommended for salary advancement shall be prepared and submitted by the Department Director to the City Manager prior to final action on such recommendation at each step.
14 G. An employee must always continue to maintain an acceptable level of performance and shall be evaluated annually by his/her Department Director. If the written evaluation by the Department Director does not support a continued acceptable effort, an individual may be reduced in salary by the Department Director, with the approval of the City Manager or his/her designee.
9.4 Paychecks
The City will pay regular checks on a biweekly basis and continue payroll deductions for the County-City Employee Credit Union, when so desired by employees.
9.5 Educational Pay
A. The Educational Pay Program is intended to promote the improvement of employee efficiency and the advancement of employees to positions of higher skills.
B. Employees may qualify for advancement of one salary range above their position classified range upon receipt of an Associated Arts Degree, in a field relative to their job classification, from an accredited junior college, or upon earning a special license or certificate, deemed to be equivalent to an AA degree and is related to the performance of the employee’s duties and/or assignment, upon recommendation of the Department Director and approval by the City Manager. For purposes of completion of certificated courses related to an employee’s duties and/or assignment equivalency (including those programs resulting in a special license or certificate), or an aggregate of the same which equals or exceeds 720 instructional hours, will be deemed to be equivalent to an AA degree.
Any employee who is receiving educational pay for any license or certificate as of July 1, 1999, will continue to receive such pay.
C. Employees who possess licenses or certificates as specified in Section B of this Article, totaling less than 720 hours and more than 300 hours, shall qualify for an advancement in salary of $20 per pay period upon recommendation of the Department Director and approval by the City Manager.
D. Employees may qualify for advancement of two salary ranges above their position classified range upon receipt of a Bachelor of Science/Bachelor of Arts Degree in a field relative to their job classification, from an accredited college, upon recommendation of the Department Director and approval of the City Manager.
15 E. Exception: Where job classifications or requirements include an Associated Arts or Bachelor of Science/Bachelor of Arts degree, Section B and Section C, will not apply.
F. No additional educational pay shall be made for duplicate, or more than one, AA degree, BA degree, or applicable certificates.
9.6 Shift Differential
The City shall pay $.50 (fifty cents) per hour additional wages for each hour worked when at least four and one-half (4 ½) hours are worked between 5:30 P.M. and 7:30 A.M., providing such working assignment has been assigned/approved by the Department Director with the concurrence of the City Manager. Exception to the prior approval provisions shall be granted for emergency call-outs.
9.7 Merit Increases
Merit increases will become effective the first day of the next full pay period following the evaluation due date.
ARTICLE 10. NO STRIKE / NO LOCKOUT
The Union agrees that during the term of this Memorandum of Understanding, neither the Union or the employees it represents will engage in, encourage, sanction, support, or suggest any strikes. The employer agrees that it will not lock out any of its employees during the term of this Memorandum of Understanding.
ARTICLE 11. SPECIAL PAY PRACTICES
11.1 Flex-Time Schedules
Employees for whom necessity requires a different schedule than that generally applied shall work according to regulations prepared by the respective supervising officials and approved by the City Manager. The City shall specify in writing all changes in work place and hours and provide the affected employees with reasonable notice of these changes. Hours may be altered to permit flex- time.
11.2 Use of Private Vehicle / Mileage Rate
An employee who is required to operate his or her own privately-owned automobile for the performance of official duties shall be reimbursed at the rate established by the City Council for each mile necessarily traveled. Such reimbursement shall be paid monthly.
16 11.3 Callback Pay
Callback is defined as that circumstance requiring an employee to unexpectedly return to work after the employee has left work at the end of the employee’s work day or work week.
An employee called in early to start his/her work shift, without prior reasonable notice, will also receive time and one-half (1 ½) overtime pay for all extra hours worked, with a minimum call-out of two (2) hours. If an employee receives a second callback within the two-hour window of their first call, then the employee shall only receive additional pay for the time worked beyond the two hours.
11.4 Hours of Work and Overtime
The normal working schedule of full-time employees shall be eight (8) hours per day or forty (40) hours per week. All authorized time worked in excess of forty (40) hours per week, or on a holiday recognized in this Memorandum of Understanding, shall be compensated at the rate of one and one-half (1 ½) times the employee’s regular base hourly rate of pay. Time worked for computation of overtime shall include holidays, jury duty, sick leave, bereavement leave, and previously scheduled vacation and compensatory time off, for purposes of this paragraph, and shall be calculated at a maximum of eight (8) hours per day. Overtime shall be computed at the nearest quarter (1/4) hour. At the request of any employee eligible for overtime pay, his/her supervisor will provide that, in lieu of cash payment for any overtime, he/she may have the choice of time off with pay at the rate of one and one-half (1 ½) hours for each hour of overtime worked.
Compensatory time off shall be taken at the option of the employee, with the consent of the supervisor. The limit for accrued compensatory time off is 150 hours per employee. Upon separation from employment, an employee is entitled to receive cash compensation for any unused compensatory time.
11.5 Standby Pay
Standby duty is defined as that circumstance which requires an employee so assigned to:
A. Be ready to respond immediately to a call for service; and B. Be readily available at all hours by telephone.
An employee so assigned to standby duty shall receive $3.00 per hour, to begin at the end of the regularly scheduled work day or work week, or other employee’s standby time, and end at the start of the next regularly scheduled work day or the beginning of another employee’s standby time. When an employee is called in and is being paid at his/her normal rate of pay (including overtime), standby pay will not apply.
17 11.6 Rest Periods and Breaks
Employees in all bargaining unit classes are entitled to a fifteen (15) minute dutyfree rest period during each four (4) hours of continuous work.
A rest period shall count as fifteen (15) minutes of time worked for calculation of pay.
Rest periods may be suspended when unusual emergency conditions require continuous performance of duties in order to protect or preserve life or property.
11.7 Alternate Work Schedules
The City and the Union agree that under some circumstances alternate work schedules may be beneficial to both employees and the City. Accordingly, employees may request to work an alternative work schedule. Such requests shall be subject to approval by the Department Director and the City Manager. City management reserves the right to remove employees from alternative work schedules.
11.8 Bilingual Pay
A. An employee fluent in Spanish or other language, the use of which has been determined by the City Manager to be of benefit to the City, shall be paid $50.00 per month. Fluency shall be certified by a test administered through the City Manager’s Office. A certified employee shall request bilingual pay on a form approved by the City Manager.
No more than six employees fluent in one of the identified languages shall be eligible for bilingual pay at any one time.
B. The City Manager shall determine which employees, what mix of languages, and which job functions may be eligible for bilingual pay based upon accessibility of the employee to the public, representation in departments, or other factors that could affect the use of these skills for public benefit. Nothing in this section shall preclude the use by an employee of foreign language skills in the work place for the public benefit even if the employee is not receiving bilingual pay.
11.9 Water Treatment and Distribution Certification Pay Employees in the classifications of Utilities Operator I, II, and III, Water Services Worker, Lead Utilities Operator, and Utilities Supervisor shall receive certification pay for California State Water Resources Control Board Water Treatment Operator and Water Distribution Operator certifications that exceed the minimum certification requirements established for their classification. Certification pay shall be provided at a rate of 1.25% of base salary for each eligible Water Treatment Operator
18 Certification (T1 through T3) and Water Distribution Operator Certification (D1 through D5) obtained and maintained. Certifications required as minimum qualifications for appointment to, or continued employment in, an employee's current classification shall not be eligible for certification pay.
Employees assigned to the Utilities Division may receive a maximum of
3.75% certification pay.
Certification pay shall be paid only while the employee maintains the applicable certification. Employees may receive a combined maximum of
7.5% for Educational Pay and Water Treatment and Distribution Certification Pay. Employees shall not receive both Educational Pay and Certification Pay for the same education or coursework. If education completed to obtain a certification also qualifies an employee for Educational Pay, the employee shall receive the higher of the two special pay amounts.
The Utilities Operator classification series is flexibly staffed. Advancement within the series shall be based on demonstrated proficiency in the operation of the City's water and sewer collection systems; possession of the knowledge, skills, abilities, and competencies required for the higher level; attainment of the required certification(s) and/or license(s) for the higher classification; satisfactory performance; and recommendation of the Department Director.
To be eligible for advancement to the next classification level within the series, an employee must:
1. Possess all certifications and licenses required for the higher classification;
2. Have completed a minimum of one (1) year satisfactory performance at their current classification;
3. Demonstrate the qualifications and competencies necessary to perform at the higher classification level; and
4. Receive written approval from the Department Director.
Employees who have not obtained the certifications and/or licenses required for advancement shall not be eligible for reclassification to the next level in the series until such requirements are met. Reclassification shall become effective on the first day of the pay period following written approval by the Department Director. A current evaluation demonstrating satisfactory performance shall accompany the recommendation for advancement.
Employee shall maintain their original Utilities Operator anniversary date for annual evaluations.
For newly added certification requirements upon ratification of this MOU, current employees will be provided twenty-four (24) months to achieve the required certifications. The Department Director may approve an extension of up to twelve (12) additional months when warranted by extenuating circumstances.
19 Any new employees hired after the ratification of this MOU will be required to meet the timelines outlined in the classification specification.
The City shall review certification pay annually and has the ability to remove certification pay should it be found the certification is not being used and/or beneficial to the City. Employees shall be provided twelve (12) months notice if a certification pay is going to be discontinued upon ratification of this MOU and will receive three (3) months advanced notice for any discontinuation thereafter. Denial of certification pay shall not be arbitrary or capricious. The Union and the City shall meet to discuss the discontinuation of such pay, however, following the meeting, the decision of the City is final.
11.10 Class A and B Licenses
With prior approval of the City Public Works Director, the City shall provide employees with a 1.5% base salary increase if they maintain a Class B California Driver’s License.
With prior approval of the City Public Works Director, the City shall provide employees with a 3.0% base salary increase if they maintain a Class A California Driver’s License.
This specialty pay is subject to City operational need and may be stopped or denied at the discretion of the City Public Works Director. In no event shall these incentives be combined to exceed 3.0%.
ARTICLE 12. INSURANCE
12.1 Medical Insurance Benefits
A. The base medical plan shall be defined as the lowest cost Health Maintenance Organization (HMO) program available to the City. If availability of an HMO to the City is discontinued by the medical plan provider, the base plan will become the basic PPO plan available to the City by the existing medical plan provider.
B. The City will maintain health benefits through CalPERS through calendar year 2026.
12.2 Cafeteria Plan
A. The City shall contribute an equal amount towards the cost of medical coverage under the Public Employee's Medical and Hospital Care Act (PEMHCA) for both active employees and retirees. The City’s contribution toward coverage under PEMHCA shall be the minimum contribution amount established by CalPERS on an annual basis. This
20 amount shall be adjusted on an annual basis as the PEMHCA minimum contribution increases.
B. Employees participating in the City’s full flex cafeteria plan shall receive a flex dollar allowance to purchase group health coverage for medical, dental and vision under the City’s Cafeteria Plan. For calendar year 2027 with deductions starting the first pay period in December 2026, the monthly flex dollar allowance shall be:
Employee only: $975
Employee and
one family member: $1,850
Family: $2,400
C. For calendar year 2028 with deductions starting the first pay period in December 2027, the monthly flex dollar allowance shall be:
Employee only: $985
Employee and
one family member: $1,875
Family: $2,450
D. For calendar year 2029 with deductions starting the first pay period in December 2028, the monthly flex dollar allowance shall be:
Employee only: $995
Employee and
one family member: $1,900
Family: $2,500
E. During the term of the agreement, the City may explore alternative health insurance coverage than CalPERS health. While the City retains the right to select the City-wide health insurance coverage system, the City shall provide SEIU prior advance notice and an opportunity to meet and confer regarding the impacts of a change to health insurance coverage.
F. Effective January 1, 2027, Employees who waive medical coverage because he/she provided the City with written proof that medical insurance coverage is in force through coverage provided by another source consistent with any rules or restrictions on the City by the medical plan provider can take flex dollars for the amount of $850 per month. For employees hired after January 1, 2027, employees who waive medical coverage can take flex dollars for the amount of $550 per month.
G. The City shall retain any remaining cafeteria flex dollars that are in excess of what the employee has used for coverage for themselves and their eligible dependents.
21 12.3 Vision Insurance
The City shall provide a Vision Care Plan for bargaining unit members. The City shall contribute up to the full family premium. The City may select an alternate vision care provider during the term of the M.O.U. providing that:
A. Any new plan maintains equivalent benefits to the employees; and B. At least twenty-one (21) days advanced notice of plan changes are provided to the Union.
12.4 Life Insurance Plan
A. City shall provide group term life insurance benefit plan for bargaining unit members, which shall provide for forty thousand dollars ($40,000) life coverage plus accidental death for employees only during the term of their employment.
B. The City shall make available additional voluntary life insurance coverage, at the employee’s expense, as long as the minimum participation requirements of the insurance provider are met.
12.5 State Disability Insurance
The City shall provide and pay the premiums for State Disability Insurance, integrated with sick leave. The employer shall pay the premium up to a maximum employer contribution of 1.3%. Any additional increases shall be paid by the employee.
12.6 Dental Insurance Plan
The City shall provide for all employees in classifications represented in this Memorandum of Understanding a dental plan of the City’s choice. The City shall pay up to the full family premium. The City may select an alternate dental insurance plan provider during the term of this M.O.U. providing that:
A. Any new plan maintains equivalent benefits to the employees; and B. At least twenty-one (21) days advanced notice of plan changes are provided to the Union.
ARTICLE 13. HOLIDAY LEAVE
The following days shall be (8 hours) paid holidays for employees:
a. Independence Day
b. Labor Day
c. Veterans’ Day
d. Thanksgiving Day
e. Day following Thanksgiving
f. Christmas Eve
22 g. Christmas Day
h. New Year’s Eve
i. New Year’s Day
j. Martin Luther King Day
k. President’s Day
l. Memorial Day
m. Juneteeth
In addition to the specific holidays listed above, employees shall receive ten (10) hours of floating holiday leave annually. Floating holiday leave may be taken on a date of the employee's choosing, subject to supervisory approval based on operational needs.
When any of the above-listed holidays fall on Saturday, it will be recognized on Friday. If it falls on Sunday, it will be recognized on Monday. For all employees who regularly worked on Saturday and/or Sunday, the holiday will be specified by the above-listed dates. In case a holiday falls on an employee’s regularly scheduled day off, he/she shall have the option to take such a holiday on an alternate day, as selected by the employee and approved by the Department Director.
ARTICLE 14. VACATION LEAVE
A. The purpose of annual vacation leave is to enable each eligible employee to annually return to his work mentally and physically refreshed.
B. Each eligible employee shall be required to have served the equivalent of one (1) year of continuous service in the City in order to be eligible for his/her full annual vacation leave. However, in the event an employee so chooses, he/she may, after six (6) continuous months of service, take vacation leave not to exceed five (5) working days, with the Supervisor’s approval.
C. Employees who terminate employment and upon return of all City-owned property in good condition, shall be paid in a lump sum for all accrued vacation leave earned prior to the date of termination.
D. Vacation leave with pay shall be earned by employees in accordance with the following schedule:
AFTER: YEARS DAYS = HOURS PER MONTH
01 10 6.67
02 12 8.00
03 13 8.67
04 14 9.34
05 15 10.00
06 15 10.00
07 16 10.67
08 16 10.67
23 09 17 11.34
10 17 11.34
11 18 12.00
12 18 12.00
13 19 12.67
14 19 12.67
15 20 13.34
E. If for any reason an employee becomes ill during a vacation, or in the case where a holiday falls during a vacation period, the affected employee shall be entitled to utilize such available sick or holiday leave in lieu of vacation leave. The vacation period may be appropriately extended upon approval of the Supervisor.
F. Vacation leave may be taken as it accrues. Vacation shall be scheduled at the discretion and convenience of each individual employee, with the consent of the Supervisor, within the limitations necessitated by the legitimate operational needs of the City.
G. In the event the scheduling preferences of two (2) or more employees conflict, the preferences of the more senior employee from date of hire shall govern, barring any unusual circumstances.
H. An employee must use a minimum of 50% vacation leave earned each calendar year during that same calendar year. The balance of the vacation leave remaining unused during that same calendar year may be accrued.
Exception is made to this paragraph for all new employees commencing City employment after December 31st of each year so that there is no requirement upon a new employee to use a minimum of 50% of vacation leave earned by the first December 31st after employment commences.
I. Employees may accrue vacation leave up to a maximum of 225 hours.
Accrued vacation may exceed the maximum allowable by up to, and no more than, 50 hours during the calendar year, at which time the employee shall stop accruing vacation leave above that amount. In the event an employee’s accrued vacation leave exceeds the maximum allowable of 225 hours on August 1, the employee shall be paid at his/her August 1 hourly wage rate for those hours accrued in excess of the maximum allowable of 225 hours up to a maximum of 50 hours. Upon request of an employee, an exception to the accrual limit may be made upon recommendation by the Department Director and approval by the City Manager.
ARTICLE 15. SICK LEAVE
A. All full-time, permanent employees shall accrue one (1) working day of sick leave with pay for each month of service. The maximum accumulation of earned sick leave shall be 1,000 hours. An employee will not accumulate any additional sick leave until such time as his/her accumulated balance
24 falls below 1,000 hours. If an employee has accumulated over 1,000 hours of earned sick leave as of July 1, 2012, the employee may continue to accumulate up to his/her sick leave balance as of that date. Upon retirement, an employee may choose to be paid 50% of his/her unused sick leave, to a maximum of 450 hours at his/her current rate of pay. Upon retirement, unused accumulated sick leave may be converted to PERS retirement credit per the City’s contract with PERS. At the end of each calendar year, each employee has the option of being paid straight time for 25% of his/her unused sick leave of that year, transferring it to vacation, or leaving it in sick leave.
B. Employees may transfer sick leave on a voluntary basis to a fellow employee who has exhausted all his/her sick leave and vacation leave due to an extended illness or injury. The transfer shall be based on each employee’s hourly rate of pay and shall not exceed twenty-four (24) hours of sick leave based on the hourly rate of pay of the receiving employee. The transfer shall be requested on a form provided by the City, be completed by both employees who mutually request such transfer, and submitted for approval to their Department Directors and the City Manager for final approval. The requesting employee must indicate how many hours they will need for their leave. The receiving employee shall not be obligated to repay any transferred leave to the contributing employee, and contributing employee understands that such transfer shall be deemed as if used and will be subject to all other provisions applicable. Under no circumstances may the requesting employee receive more donated hours in their sick bank than actually used for their leave.
ARTICLE 16. LEAVES OF ABSENCE
16.1 Bereavement Leave
Permanent full-time employees shall be granted leave by their Department Director whenever the affected employee has experienced a death in the immediate family, defined in Section A. Leaves of Absence of the City Personnel Regulations or any other person residing in the same household where attendance at the funeral or memorial service is necessary.
Employees shall be entitled to reproductive loss leave in accordance with California Government Code section 12945.6, as may be amended from time to time.
Such absence by the employee shall be limited to five (5) working days (up to 40 hours) per occurrence of paid leave. Such leave is not chargeable against sick or vacation leave. As a condition of granting leave for bereavement purposes, the appointing authority may request verification of the loss.
In order to receive this benefit, domestic partners must be registered with the Secretary of State.
25 16.2 Family Leave
A. An employee may take an unlimited amount of sick leave if required to be away from the job to personally care for a member of his/her immediate family, as defined in Article 15.1, Bereavement Leave, subject to approval of the supervisor and verification of need.
B. Pursuant to the State and Federal Leave Acts, the following is provided for all employees who have been employed a minimum of twelve (12) months and have worked at least 1,250 hours during the 12-month period preceding leave:
1. Up to twelve weeks (60 workdays) unpaid leave in a twelve (12) month period. Intermittent leave is allowed.
2. Leave may be taken for: (1) birth of and care of newborn child; (2) placement of child with employee for adoption or foster care; (3) to care for spouse, child, or parent having serious health condition; (4) employee’s own serious health condition.
3. The employee’s insurance, including medical, dental, vision, and life insurance will be maintained under the same conditions as if the employee were still working.
4. Request for leave must be made 30 days prior to leave, if foreseeable.
5. Employee may use accrued vacation, holiday, or personal leave during family leave. Sick leave may be used for employee and/or immediate family illness or disability.
6. Upon return to work, employee will be restored to same or equivalent position with equivalent benefits.
All other provisions of the California Family Rights Act (“CFRA”), Federal Family Medical Leave Act (“FMLA”) and Pregnancy Disability Leave (“PDL”) apply.
16.3. Medical Leave
Medical leave without pay may be granted for the purpose of recovery from prolonged illness or injury or to restore health or for pregnancy upon employee’s written request to and approved by the Department Director and City Manager, subject to submission of medical evidence satisfactory as establishing the employee’s medical need. During the approved leave period, the City will not pay employee benefits; however, the employee may elect to maintain City medical insurance coverage for employee and dependents at employee’s sole cost if such coverage of all individuals is in effect sixty (60) days prior to leave application to the City Manager.
26 16.4 Emergency Leave
Emergency leave without pay may be granted to any permanent employee who, upon written request to and approved by the Department Director and City Manager, demonstrates that the leave is necessary for personal reasons beyond his/her control or will serve to improve his/her ability as an employee of the City.
Emergency leaves may be granted up to a maximum of one (1) year. Upon expiration of an approved emergency leave, the employee shall be reinstated in the position held at the time leave was granted. The leave period shall not be credited to employee seniority or credited toward time served with the City. Failure on the part of the employee on leave to report promptly at the leave’s expiration shall be cause for discharge. During the leave period the City will not pay employee
benefits; however, the employee may elect to maintain City medical insurance coverage for employee and dependents at employee’s sole expense if such coverage of all individuals is in effect sixty (60) days prior to leave application to the City Manager.
16.5 Jury Duty
Employees shall be granted leave, with full pay and no loss in benefits, when called for jury duty, if the employee remits jury fees received for such jury duty. The employee may retain all travel pay or subsistence pay granted by the court because of the employee’s participation in jury duty. The employee shall be responsible for notifying his/her supervisor as soon as possible upon receiving notice to appear for jury duty, make every reasonable effort to keep his/her supervisor advised as to the anticipated length of service, and return to work immediately following the end of jury duty service.
16.6 Military Leave
Every employee of the City shall be granted military leaves of absence and other benefits as provided in Division II, Part I, Chapter VII of the Military and Veteran’s Code of the State of California.
ARTICLE 17. UNIFORM ALLOWANCE
The City agrees to furnish five (5) shirts and five (5) pairs of pants per week for employees in the following classifications:
Streets Maintenance Worker I, II, III
Parks Maintenance Worker I, II, III
Facilities Maintenance Specialist
Utilities Operator I, II, III
Water Services Worker
Utilities Lead Operator
Lead Streets Maintenance Worker
Lead Parks Maintenance Worker
27 Fleet Maintenance Coordinator
Streets Maintenance Supervisor
Parks Maintenance Supervisor
Utilities Supervisor
Soto Complex Maintenance Supervisor
Employees hired to fill newly-created classifications will also receive uniforms under this section if the wearing of a uniform is required. Uniforms for the above-listed field personnel are to be worn during work and may be worn to and from work.
17.1 Safety Shoes
During the term of this Agreement, the City shall provide one pair of safety shoes to all unit employees that perform field work, as listed in Article 16 as well as the Geographic Information System Technician, Engineering Technician, Assistant Engineer, Associate Engineer and Senior Engineer, per fiscal year to a maximum cost of $250. The safety shoes shall be purchased during the month of August unless deemed a necessity to be purchased before the month of August by the Department Director and approval of the City Manager. The safety shoes must be worn during all hours where there is a need for such shoes or as required by the Department Director.
In the event safety shoes are compromised by unusual circumstances, an additional replacement can be authorized by the Department Director with approval of the City Manager. A vendor to be used to make purchases of safety shoes will be mutually agreed upon by the City and Union.
17.2 Safety Glasses
The City will provide safety prescription glasses and lens for those employees who need them to carry out their tasks. The glasses will comply with OSHA standards.
ARTICLE 18. RETIREMENT
18.1 PERS Retirement Contributions
A. G.C. Section 21354.4. The CalPERS 2.5% at Age 55 Retirement Plan is provided for employees hired prior to December 21, 2012.
Employees under this plan will pay the full eight percent (8%) employee share of CalPERS retirement benefit costs.
B. G. C. Section 21354. The CalPERS 2.0% at Age 55 Retirement plan will be provided for employees hired between December 21, 2012 and December 31, 2012, CalPERS “Classic” members hired on or after January 1, 2013, and those eligible for reciprocity hired on or after January 1, 2013. Employees under this plan will pay the full seven percent (7%) of the employee share of CalPERS.
28 C. G.C. Section 7522.20. The CalPERS 2% @ 62 Retirement Plan shall be provided for new employees hired on or after January 1, 2013 who are not CalPERS “Classic” employees and are not eligible for reciprocity. Employees under this plan shall pay at least 50% of the total normal cost rate (currently 7.75%) of the employee share of CalPERS.
D. G.C. Section 21024 and 21027. Employees may buy back, at their expense, retirement service credit for prior military service as permitted by CalPERS.
E. GC Section 20042. For employees hired prior to December 21, 2012, retirement benefits are based on the highest single year compensation.
F. GC Section 20037. For employees hired on or after December 21, 2012, retirement benefits shall be based on the highest average annual compensation earnable by a member during three
consecutive years of employment.
G. GC Section 20965. Employees will receive credit for unused sick leave per the provisions of Article 14. A of this MOU.
H. GC Section 21548. The spouse of a deceased member, who was eligible to retire for service at the time of death, may elect to receive the Pre-Retirement Optional Settlement 2 Death Benefit.
I. Effective January 1, 2013, the Public Employee’s Pension Reform Act of 2013 (PEPRA) will apply to all employees, as well as for employees transferring from other CalPERS or reciprocal agencies.
18.2 Retirement Defined
Retirement is defined as the termination of employment at an age when the employee would qualify for an allowance under the Public Employees Retirement System (PERS) and the City’s Personnel Regulations.
18.3 Retiree Medical
A. Employees who retire from City service shall be allowed to purchase medical insurance coverage through the City.
B. GC Section 22892. The City’s contribution shall be an equal amount for both employees and annuitants, which shall be the minimum contribution amount established by CalPERS on an annual basis.
That amount shall be $162 per month during calendar year 2026 and $167 per month during calendar year 2027. The City’s contribution shall be adjusted annually thereafter by the CalPERS Board to reflect any change in the medical care component of the Consumer Price
29 Index, provided that the City is participating in the CalPERS Health Plan.
C. The City shall provide a supplemental contribution to employees that are: 1) employed on a full-time basis as of June 30, 2008 and who have been employed with the City on a full-time basis for five (5) years or more at the time of retirement; or 2) employed on a full-time basis after June 30, 2008 and who have been employed by the City on a full-time basis for ten (10) years or more at the time of retirement; and 3) elect to continue purchasing medical insurance coverage through the CalPERS Health Program.
The supplemental contribution shall be equal to the difference between the minimum contribution amount established by CalPERS as set forth above in Section 17.3., Section B. and the following amounts:
For single annuitant coverage: $170.51
For annuitant + 1 dependent: $301.17
For annuitant + 2 or more dependents: $365.24
18.4 Deferred Compensation
Longevity Incentive. Effective upon completion of ten (10) years of continuous service with the City, without a break in service, eligible bargaining unit members shall receive an annual employer contribution of five hundred dollars ($500) to a deferred compensation account.
ARTICLE 19. PROBATIONARY PERIOD
All appointments, original and promotional, shall be tentative and subject to a probationary period of twelve (12) months. The Department Director, with consent of the City Manager, may extend the probationary period for specified cause(s), which shall be provided in writing to the employee.
The probationary period shall be regarded as a part of a continuing testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of an employee to his/her newly appointed position, and for rejecting any probationary employee whose performance does not meet the required standards of work.
The Department Director, with the consent of the City Manager, may release a newly hired probationary employee from City employment without cause at any time during the probationary period.
The Department Director, with the consent of the City Manager, may remove a transferred or promoted employee from the position to which promoted without cause at any time during the probationary period; in which event, that employee shall be reinstated to his/her original position from which originally transferred or promoted.
30 ARTICLE 20. PROMOTION
Promotion of an employee to a higher range shall result in an increase in salary. The employee’s salary shall be placed in the salary range of the new position which would result in at least a five percent (5%) increase in salary compared to the employee’s existing salary position. Promotion of the employee may be made with the consent of the City Manager without testing or opening the position for consideration of all nonemployees. All current employees shall be given consideration for a position opening that will be filled by promotion. An employee promoted to a new position shall serve a twelve (12) month probationary period in that position. In the event the promoted party is removed from the position to which promoted, the employee shall be considered demoted but shall be returned to the range from which promoted. No change in step shall occur as a result of an employee passing the promoted position probationary period. A promoted employee shall retain his or her salary anniversary date held prior to promotion. An employee’s promotion date will become their anniversary date for the purposes of performance evaluations and step increases.
ARTICLE 21. PROMOTIONAL OPPORTUNITIES
21.1 Posting
Promotional opportunities for classifications within the representation unit will be posted for at least ten (10) working days (Monday through Friday) prior to selection.
21.2 Selection
The selection procedure for each promotional opening will be determined and administered by the employing department in consultation with the requesting department. Selection procedure and job description information will be attached or incorporated into the job-posting notice at the time of posting. Efforts will be made to standardize tests and procedures where standardization is feasible and appropriate. Any tests used shall be reasonably predictive of success in the classification; and tests may not be biased with respect to race, sex, religion, creed, political affiliation, color, national origin, ancestry, or age. Selection procedures may include any or all of the following phases:
A. Application: Both inside and outside candidates will make applications on forms specified by the employing department.
Applications must be submitted to the employing department.
B. Screening: Applications will be screened by the employing department to ascertain whether candidates meet minimum requirements as outlined in the job description. Applicants screened out at this level will receive a written response explaining such action.
31 C. Performance Testing: Performance tests, such as typing, machinery or vehicle operation, skills, demonstration, physical agility, etc., will be qualifying. Pass/fail points will be announced in advance for qualifying tests.
D. Written Tests: Written achievement or aptitude tests will be qualifying. Pass/fail points will be announced in advance for qualifying tests.
E. Interviews/Appraisals: Interviews may be conducted individually or by interview boards and will be qualifying. Interview boards shall be composed of qualified and unbiased people. If individual interviews or an interview board is used, a majority of the individuals or board members must recommend a candidate in order for the candidate to qualify for appointment.
21.3 Recommended Candidates
Candidates who successfully complete all phases of the selection procedure will be recommended to the Department Director and/or City Manager.
21.4 Appointment
The Department Director and/or City Manager will make appointments from among those recommended candidates who are most qualified as determined by objective review of selection procedure results and background materials.
ARTICLE 22. MAINTENANCE WORKER JOB SERIES
The Maintenance Worker job series (Parks Maintenance Worker and Streets Maintenance Worker) shall be a flexibly staffed classification. Movement within the series shall not require an examination or certification to a list of eligibles. Movement within the Maintenance Worker series shall be as follows:
A. Employees shall be flexed to Maintenance Worker II after one (1) year of service as a Maintenance Worker I, contingent upon satisfactory performance.
B. Employees shall be flexed to Maintenance Worker III after no less than two (2) years but no more than three (3) years of service as a Maintenance Worker II, contingent upon satisfactory performance.
32 ARTICLE 23. ENGINEER JOB SERIES
The Engineer job series shall be a flexibly staffed classification. Movement within the series shall not require an examination or certification to a list of eligibles. Movement within the Engineer series shall be as follows:
A. Employees shall be flexed to an Associate Engineer after completion of Step E of the Assistant Engineer salary range, contingent upon satisfactory performance and meeting the job requirements for an Associate Engineer.
B. Employees shall be flexed to a Senior Engineer after completion of Step E of the Associate Engineer salary range, contingent upon satisfactory performance and meeting the job requirements for a Senior Engineer.
C. Satisfactory performance shall mean the employee’s annual Performance Review is sufficient to allow the employee a merit salary increase.
ARTICLE 24. TRANSFERS
Transfer of an employee to a position within the employee’s current range shall not affect the employee’s salary rate. Transfer of an employee to a position within a higher range shall be considered a promotion. Transfer of an employee to a lower range shall be considered a demotion.
ARTICLE 25. DEMOTION
Transfer of an employee to a lower class shall result in reduction of salary. The employee’s salary shall be placed in the identical step in the lower class that the employee enjoyed in the class from which demotion was made.
Demotion can be made for cause, except for demotions from probationary positions.
Cause shall be provided to the employee in writing by the Department Director prior to any action taking place. Demotion for disciplinary reasons may be appealed through the grievance procedure by the demoted employee. Demotion for other reasons is not appealable.
ARTICLE 26. LAYOFFS AND DISPLACEMENT
Layoffs:
Whenever, in the judgment of the City, it becomes necessary to make a reduction in force, whenever possible, said reduction shall be accomplished through attrition. Layoffs shall be made by classification and may be department-wide or by division, program, or function.
Workers subject to a reduction in force shall be given at least forty-five (45) working days’ notice prior to the effective date of the layoff. The notice shall contain the information required in Section X. “Layoff Procedure” of the Personnel Regulations.
33 The Union shall receive concurrent notice and shall be granted an opportunity to meet and consult with the City to discuss proposed alternatives to a reduction in force.
Permanent full-time employees and permanent part-time employees shall be considered separately when the order of layoff reaches C. and D. below. Nothing herein is intended to require a preference for or against either full-time or part-time permanent employees in the order of layoff.
When one or more workers performing in the same class in a City department is to face a reduction in force, that worker’s most recent annual evaluation and seniority shall be used to determine the order of layoff pursuant to the following procedures:
The order of layoff shall be as follows:
A. Temporary workers in inverse order of seniority (least first); B. Probationary employees in inverse order of seniority; C. Permanent employees whose most recent annual evaluations were below satisfactory in inverse order of seniority; and
D. Permanent employees in inverse order of seniority.
“Seniority” for the purposes of this Article shall be defined as the length of service as a permanent full-time employee with the City. When determining seniority for permanent full-time positions within a classification subject to layoff, only permanent full-time service shall be considered.
Displacement:
Permanent full-time employees subject to layoff shall have the right to displace an employee in the same classification in any Department of the City or in a different class within the City with the same or lower salary range provided, however, that:
A. The employee subject to layoff has greater seniority than the employee being displaced and was rated at a minimum of competent/satisfactory in his/her latest evaluation.
B. If the displacement is to a different class, it must be a class in the same occupational series as determined by the City with the concurrence of the Union or, to a class previously held by the employee as a permanent fulltime employee of the City.
If a position in the laid-off employee’s classification, or a similar position in a classification for which the City determines the former employee is suited, becomes available within twenty-four (24) months of layoff, said former employee shall be recalled and offered the position in the inverse order of layoff. If a job in a lower paid classification becomes available within twenty-four (24) months, the City shall review the previously laid-off employees’ qualifications. If such laid-off former employees are qualified in the judgment of the City, he/she may fill the slot(s) until his/her former position becomes available, if ever.
34 ARTICLE 27. PERSONNEL RECORDS
An employee or his/her designee may inspect his/her personnel file and obtain copies of any and all items in that file at employee expense. An employee may have placed in his/her personnel file any signed and dated statement of clarification or disagreement to any item or article contained within her/her personnel file.
Personnel files include those files maintained by the immediate supervisor or other administrators/supervisors involved in employee evaluations, as well as the central personnel file.
A supervisor’s personal notes shall not be considered a part of the personnel file.
ARTICLE 28. RESIGNATION
An employee wishing to leave his/her employment with the City in good standing shall file with his/her supervisor a written resignation stating the effective date of his/her resignation and the reasons for leaving.
The resigning individual shall file such written resignation at least two (2) weeks in advance of the effective termination date and participate in an exit interview conducted by the City prior to issuance of the final paycheck.
ARTICLE 29. OUTSIDE EMPLOYMENT
No full-time employee shall engage in outside employment or an enterprise that his/her Department Director and/or the City Manager may find unsuitable and in conflict with their municipal duties or responsibilities or that lessens their effectiveness as a City employee.
ARTICLE 30. POSITION VACANCIES
Should the City determine that a vacancy will not be filled such determination shall be made within 120 working days of the date upon which the worker vacated the position.
Upon said determination the City will notify the workers in the affected department and the Union.
ARTICLE 31. POSITION CLASSIFICATION
Classification Changes: During the course of this M.O.U., the City shall notify the employee concerned in case of contemplated change in job content as contained in the classification descriptions that were in effect at the beginning of the agreement.
Working Out of Classification: The term “working out of classification” is defined as a Management-authorized, full-time assignment to a budgeted position on a temporary basis, wherein all significant duties are performed by an individual holding a classification within a lower compensation range. Pay for working out of classification shall be as follows:
35 A. Employees appointed to unfilled positions on an “out of classification” basis will receive acting pay within the range of the higher classification beginning the first day of the assignment
B. Employees appointed by the Department Head to temporarily fill in for a higher-level classification for a position vacancy or leave of absence coverage will receive acting pay within the range of the higher classification after five (5) consecutive work days of assignment in the acting position.
Such acting pay shall be a minimum of five percent (5%) over the employee’s current salary.
“Out of classification” provisions do not apply to work assignments performed in connection with specific predetermined apprenticeship or training programs or declared conditions of emergency and/or disaster.
ARTICLE 32. PROFESSIONAL DEVELOPMENT
A. For that training or certification which is required by job specifications, legal mandates, and/or which is required by the City, the City will provide for such training and/or certification, including providing City time to attend the training and to pay for costs associated with the training.
This section does not apply to training courses and/or certifications required for advancement/promotion to a new position.
B. For that training or certification which is encouraged by the City in support of identified programs, the City will provide for such training and/or certification, including providing City time to attend the training and to pay for costs associated with attending the training, provided that the program for which the training and/or certification is related remains in operation and that funds for such training are included in the current City Budget.
C. The City will maintain training certificates, special licenses, and other related documentation related to an employee’s professional development in the employee’s City personnel file. In addition, an employee may submit for inclusion into his/her City personnel file documentation for completion of training related to the employee’s duties and responsibilities, special licenses, or for collegiate courses and/or degrees earned which the employee completed outside of the workplace. The policy/procedure for requesting and attending training shall be as provided in Section C-009, Travel Policy, of the City’s Administrative Policy and Procedure Manual.
36 ARTICLE 33. UNIT ASSIGNMENTS
Any new permanent full-time job classification which does not fall under the City’s management criteria or who is represented by the Arroyo Grande Police Officers’ Association shall be represented by the S.E.I.U.
ARTICLE 34. MAINTENANCE OF BENEFITS AND TERMS AND CONDITIONS All benefits, terms and conditions of employment enjoyed by unit employees as of July 1, 2023, and any side letter agreements reached after that date, shall remain in full force and effect unless modified by a subsequent Memorandum of Understanding or by mutual agreement, in writing, of the parties.
ARTICLE 35. M.O.U. IMPLEMENTATION
Both parties agree that the terms of this Memorandum of Understanding supersede provisions of all other practices, Memorandum of Understanding, resolutions, and rules of the City that conflict with provisions of this Agreement.
ARTICLE 36. OBLIGATION TO MEET AND WAIVER CLAUSE
Except as otherwise expressly provided in this Agreement or, where the parties mutually agree to meet and confer on a matter, the City and the Union expressly waive and relinquish the right, and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter, including mandatory subjects of negotiation, whether or not referred to in this Agreement.
ARTICLE 37. SAVINGS CLAUSE
Should any provision of this Agreement be held inoperative, void, or invalid by a Court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby, and the parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement of such provision.
ARTICLE 38. POLICY CONFLICTS
The policies and provisions contained herein shall supersede, in all material respects, all conflicting or inconsistent policies and provisions contained in the City of Arroyo Grande Personnel Regulations and the City of Arroyo Grande Administrative Policies and Procedures.
37 REPRESENTATIVES OF REPRESENTATIVES OF
CITY OF ARROYO GRANDE ARROYO GRANDE CHAPTER
SEIU – LOCAL 620
DATE: DATE:
CHE JOHNSON NICOLE BRYANT
CHIEF NEGOTIATOR SEIU CHIEF NEGOTIATOR
CHRISTOPHER HANSON
CITY NEGOTIATOR SEIU NEGOTIATOR
ASHLEY GARCIA VICTOR ROCHA
CITY NEGOTIATOR SEIU NEGOTIATOR
CAMELA SCHAAF
SEIU NEGOTIATOR
Exhibit "A"
RANGE A B C D E Positions
11 Biweekly 1,710.17 1,795.68 1,885.46 1,979.73 2,078.72 Monthly 3,705.36 3,890.63 4,085.16 4,289.42 4,503.89
Annual 44,464.35 46,687.57 49,021.94 51,473.03 54,046.69 12 Biweekly 1,752.92 1,840.57 1,932.60 2,029.23 2,130.69 Monthly 3,798.00 3,987.90 4,187.29 4,396.66 4,616.49
Annual 45,575.96 47,854.76 50,247.49 52,759.86 55,397.86 13 Biweekly 1,796.74 1,886.58 1,980.91 2,079.96 2,183.95 Monthly 3,892.95 4,087.59 4,291.97 4,506.57 4,731.90
Annual 46,715.36 49,051.12 51,503.68 54,078.86 56,782.80 14 Biweekly 1,841.66 1,933.75 2,030.43 2,131.96 2,238.55 Office Assistant I Monthly 3,990.27 4,189.78 4,399.27 4,619.24 4,850.20
Annual 47,883.24 50,277.40 52,791.27 55,430.83 58,202.38 15 Biweekly 1,887.70 1,982.09 2,081.19 2,185.25 2,294.52 Monthly 4,090.03 4,294.53 4,509.25 4,734.72 4,971.45
Annual 49,080.32 51,534.34 54,111.05 56,816.60 59,657.43 16 Biweekly 1,934.90 2,031.64 2,133.22 2,239.89 2,351.88 Accounting Clerk I Monthly 4,192.28 4,401.89 4,621.99 4,853.08 5,095.74
Annual 50,307.32 52,822.69 55,463.83 58,237.02 61,148.87 17 Biweekly 1,983.27 2,082.43 2,186.55 2,295.88 2,410.68 Parks Maintenance Worker I Monthly 4,297.08 4,511.94 4,737.54 4,974.41 5,223.13 Streets Maintenance Worker I Annual 51,565.01 54,143.26 56,850.42 59,692.94 62,677.59 18 Biweekly 2,032.85 2,134.49 2,241.22 2,353.28 2,470.94 Monthly 4,404.51 4,624.74 4,855.97 5,098.77 5,353.71
Annual 52,854.14 55,496.84 58,271.68 61,185.27 64,244.53 19 Biweekly 2,083.67 2,187.86 2,297.25 2,412.11 2,532.72 Office Assistant II Monthly 4,514.62 4,740.36 4,977.37 5,226.24 5,487.55
Annual 54,175.49 56,884.26 59,728.48 62,714.90 65,850.64 20 Biweekly 2,135.76 2,242.55 2,354.68 2,472.41 2,596.04 Monthly 4,627.49 4,858.86 5,101.81 5,356.90 5,624.74
Annual 55,529.87 58,306.37 61,221.69 64,282.77 67,496.91 21 Biweekly 2,189.16 2,298.62 2,413.55 2,534.22 2,660.94 Accounting Clerk II Monthly 4,743.18 4,980.34 5,229.35 5,490.82 5,765.36 Parks Maintenance Worker II Annual 56,918.12 59,764.03 62,752.23 65,889.84 69,184.34 Utilities Operator I Streets Maintenance Worker II
22 Biweekly 2,243.89 2,356.08 2,473.89 2,597.58 2,727.46 Monthly 4,861.76 5,104.84 5,360.09 5,628.09 5,909.50
Annual 58,341.08 61,258.13 64,321.04 67,537.08 70,913.95 23 Biweekly 2,299.98 2,414.98 2,535.73 2,662.52 2,795.65 Monthly 4,983.30 5,232.47 5,494.09 5,768.79 6,057.23
Annual 59,799.60 62,789.58 65,929.07 69,225.51 72,686.79
CITY OF ARROYO GRANDE
EFFECTIVE 7/31/26
SCHEDULE OF SALARY RANGES
SEIU
Exhibit "A"
RANGE A B C D E Positions
CITY OF ARROYO GRANDE
EFFECTIVE 7/31/26
SCHEDULE OF SALARY RANGES
SEIU
24 Biweekly 2,357.48 2,475.36 2,599.13 2,729.08 2,865.54 Monthly 5,107.88 5,363.28 5,631.44 5,913.01 6,208.66
Annual 61,294.59 64,359.32 67,577.29 70,956.15 74,503.96 25 Biweekly 2,416.42 2,537.24 2,664.10 2,797.31 2,937.17 Monthly 5,235.58 5,497.36 5,772.23 6,060.84 6,363.88
Annual 62,826.95 65,968.30 69,266.72 72,730.06 76,366.55 26 Biweekly 2,476.83 2,600.67 2,730.71 2,867.24 3,010.61 Community Development Specialist Monthly 5,366.47 5,634.79 5,916.53 6,212.36 6,522.98 Utilities Operator II Annual 64,397.63 67,617.51 70,998.39 74,548.31 78,275.73 Engineering Technician 27 Biweekly 2,538.75 2,665.69 2,798.97 2,938.92 3,085.87 Streets Maintenance Worker III Monthly 5,500.63 5,775.66 6,064.45 6,367.67 6,686.05 Parks Maintenance Worker III Annual 66,007.57 69,307.95 72,773.34 76,412.01 80,232.62 Recreation Coordinator Facilities Maintenance Specialist
28 Biweekly 2,602.22 2,732.33 2,868.95 3,012.40 3,163.02 Senior Community Development Specialist Monthly 5,638.15 5,920.05 6,216.06 6,526.86 6,853.20 Senior Accounting Clerk Annual 67,657.76 71,040.65 74,592.68 78,322.31 82,238.43 29 Biweekly 2,667.28 2,800.64 2,940.67 3,087.71 3,242.09 Monthly 5,779.10 6,068.06 6,371.46 6,690.03 7,024.53
Annual 69,349.20 72,816.67 76,457.50 80,280.38 84,294.40 30 Biweekly 2,733.96 2,870.66 3,014.19 3,164.90 3,323.14 Utilities Operator III Monthly 5,923.58 6,219.76 6,530.74 6,857.28 7,200.15
Annual 71,082.93 74,637.08 78,368.94 82,287.39 86,401.75 31 Biweekly 2,802.31 2,942.42 3,089.54 3,244.02 3,406.22 Code Compliance Coordinator Monthly 6,071.67 6,375.25 6,694.01 7,028.71 7,380.15
Annual 72,860.00 76,503.01 80,328.16 84,344.57 88,561.79 32 Biweekly 2,872.37 3,015.98 3,166.78 3,325.12 3,491.38 Lead Streets Maintenance Worker Monthly 6,223.46 6,534.63 6,861.36 7,204.43 7,564.65 Lead Parks Maintenance Worker Annual 74,681.51 78,415.58 82,336.37 86,453.18 90,775.84 Water Services Worker 33 Biweekly 2,944.17 3,091.38 3,245.95 3,408.25 3,578.66 Monthly 6,379.05 6,698.00 7,032.90 7,384.54 7,753.77
Annual 76,548.55 80,375.98 84,394.77 88,614.51 93,045.24 34 Biweekly 3,017.78 3,168.67 3,327.10 3,493.46 3,668.13 GIS Technician Monthly 6,538.52 6,865.45 7,208.72 7,569.16 7,947.61
Annual 78,462.26 82,385.37 86,504.64 90,829.87 95,371.37 35 Biweekly 3,093.22 3,247.88 3,410.28 3,580.79 3,759.83 Utilities Lead Operator Monthly 6,701.98 7,037.08 7,388.94 7,758.39 8,146.30 Recreation Supervisor Annual 80,423.82 84,445.01 88,667.26 93,100.62 97,755.65 36 Biweekly 3,170.55 3,329.08 3,495.54 3,670.31 3,853.83 Monthly 6,869.53 7,213.01 7,573.66 7,952.34 8,349.96
Annual 82,434.41 86,556.13 90,883.94 95,428.14 100,199.54
Exhibit "A"
RANGE A B C D E Positions
CITY OF ARROYO GRANDE
EFFECTIVE 7/31/26
SCHEDULE OF SALARY RANGES
SEIU
37 Biweekly 3,249.82 3,412.31 3,582.92 3,762.07 3,950.17 Streets Maintenance Supervisor Monthly 7,041.27 7,393.34 7,763.00 8,151.15 8,558.71 Parks Maintenance Supervisor Annual 84,495.27 88,720.03 93,156.03 97,813.83 102,704.53 Soto Complex Maintenance Supervisor 38 Biweekly 3,331.06 3,497.62 3,672.50 3,856.12 4,048.93 Assistant Engineer Monthly 7,217.30 7,578.17 7,957.08 8,354.93 8,772.68 Engineering Inspector Annual 86,607.65 90,938.04 95,484.94 100,259.19 105,272.15 Fleet Maintenance Coordinator 39 Biweekly 3,414.34 3,585.06 3,764.31 3,952.53 4,150.15 Monthly 7,397.74 7,767.62 8,156.01 8,563.81 8,992.00
Annual 88,772.84 93,211.49 97,872.06 102,765.67 107,903.95 40 Biweekly 3,499.70 3,674.68 3,858.42 4,051.34 4,253.91 Utilities Supervisor Monthly 7,582.68 7,961.81 8,359.91 8,777.90 9,216.80 Information Technology Specialist Annual 90,992.17 95,541.77 100,318.87 105,334.81 110,601.55 41 Biweekly 3,587.19 3,766.55 3,954.88 4,152.62 4,360.25 Business Systems Analyst Monthly 7,772.25 8,160.86 8,568.90 8,997.35 9,447.22
Annual 93,266.97 97,930.32 102,826.84 107,968.18 113,366.58 42 Biweekly 3,676.87 3,860.71 4,053.75 4,256.44 4,469.26 Monthly 7,966.55 8,364.88 8,783.13 9,222.28 9,683.40
Annual 95,598.64 100,378.58 105,397.51 110,667.39 116,200.75 43 Biweekly 3,768.79 3,957.23 4,155.09 4,362.85 4,580.99 Monthly 8,165.72 8,574.00 9,002.70 9,452.84 9,925.48
Annual 97,988.61 102,888.05 108,032.44 113,434.06 119,105.77 44 Biweekly 3,863.01 4,056.16 4,258.97 4,471.92 4,695.52 Associate Engineer Monthly 8,369.86 8,788.35 9,227.77 9,689.16 10,173.62
Annual 100,438.33 105,460.24 110,733.25 116,269.91 122,083.41 45 Biweekly 3,959.59 4,157.57 4,365.45 4,583.72 4,812.90 Monthly 8,579.11 9,008.06 9,458.47 9,931.39 10,427.96
Annual 102,949.29 108,096.75 113,501.59 119,176.67 125,135.50 46 Biweekly 4,058.58 4,261.51 4,474.58 4,698.31 4,933.23 Monthly 8,793.58 9,233.26 9,694.93 10,179.67 10,688.66
Annual 105,523.02 110,799.17 116,339.12 122,156.08 128,263.89 47 Biweekly 4,160.04 4,368.04 4,586.45 4,815.77 5,056.56 Monthly 9,013.42 9,464.10 9,937.30 10,434.17 10,955.87
Annual 108,161.09 113,569.14 119,247.61 125,209.98 131,470.48 48 Biweekly 4,264.04 4,477.25 4,701.11 4,936.16 5,182.97 Monthly 9,238.76 9,700.70 10,185.73 10,695.02 11,229.77 Annual 110,865.12 116,408.38 122,228.79 128,340.24 134,757.25 49 Biweekly 4,370.64 4,589.18 4,818.64 5,059.57 5,312.54 Monthly 9,469.73 9,943.22 10,440.38 10,962.39 11,510.51 Annual 113,636.75 119,318.59 125,284.51 131,548.74 138,126.17 50 Biweekly 4,479.91 4,703.91 4,939.10 5,186.06 5,445.36 Senior Engineer Monthly 9,706.47 10,191.80 10,701.39 11,236.45 11,798.28
Exhibit "A"
RANGE A B C D E Positions
CITY OF ARROYO GRANDE
EFFECTIVE 7/31/26
SCHEDULE OF SALARY RANGES
SEIU
Annual 116,477.67 122,301.55 128,416.63 134,837.46 141,579.33
Exhibit "B"
RANGE A B C D E Positions
11 Biweekly 1,752.92 1,840.57 1,932.60 2,029.23 2,130.69 Monthly 3,798.00 3,987.90 4,187.29 4,396.66 4,616.49
Annual 45,575.95 47,854.75 50,247.49 52,759.86 55,397.86 12 Biweekly 1,796.74 1,886.58 1,980.91 2,079.96 2,183.95 Monthly 3,892.95 4,087.59 4,291.97 4,506.57 4,731.90
Annual 46,715.35 49,051.12 51,503.68 54,078.86 56,782.80 13 Biweekly 1,841.66 1,933.75 2,030.43 2,131.96 2,238.55 Monthly 3,990.27 4,189.78 4,399.27 4,619.24 4,850.20
Annual 47,883.24 50,277.40 52,791.27 55,430.83 58,202.37 14 Biweekly 1,887.70 1,982.09 2,081.19 2,185.25 2,294.52 Office Assistant I Monthly 4,090.03 4,294.53 4,509.25 4,734.72 4,971.45
Annual 49,080.32 51,534.33 54,111.05 56,816.60 59,657.43 15 Biweekly 1,934.90 2,031.64 2,133.22 2,239.89 2,351.88 Monthly 4,192.28 4,401.89 4,621.99 4,853.08 5,095.74
Annual 50,307.33 52,822.69 55,463.83 58,237.02 61,148.87 16 Biweekly 1,983.27 2,082.43 2,186.55 2,295.88 2,410.68 Accounting Clerk I Monthly 4,297.08 4,511.94 4,737.54 4,974.41 5,223.13
Annual 51,565.01 54,143.26 56,850.42 59,692.94 62,677.59 17 Biweekly 2,032.85 2,134.49 2,241.22 2,353.28 2,470.94 Parks Maintenance Worker I Monthly 4,404.51 4,624.74 4,855.97 5,098.77 5,353.71 Streets Maintenance Worker I Annual 52,854.13 55,496.84 58,271.68 61,185.27 64,244.53 18 Biweekly 2,083.67 2,187.86 2,297.25 2,412.11 2,532.72 Monthly 4,514.62 4,740.36 4,977.37 5,226.24 5,487.55
Annual 54,175.49 56,884.26 59,728.48 62,714.90 65,850.64 19 Biweekly 2,135.76 2,242.55 2,354.68 2,472.41 2,596.04 Office Assistant II Monthly 4,627.49 4,858.86 5,101.81 5,356.90 5,624.74
Annual 55,529.88 58,306.37 61,221.69 64,282.77 67,496.91 20 Biweekly 2,189.16 2,298.62 2,413.55 2,534.22 2,660.94 Monthly 4,743.18 4,980.34 5,229.35 5,490.82 5,765.36
Annual 56,918.12 59,764.03 62,752.23 65,889.84 69,184.33 21 Biweekly 2,243.89 2,356.08 2,473.89 2,597.58 2,727.46 Accounting Clerk II Monthly 4,861.76 5,104.84 5,360.09 5,628.09 5,909.50 Parks Maintenance Worker II Annual 58,341.08 61,258.13 64,321.04 67,537.09 70,913.94 Utilities Operator I Streets Maintenance Worker II
22 Biweekly 2,299.98 2,414.98 2,535.73 2,662.52 2,795.65 Monthly 4,983.30 5,232.47 5,494.09 5,768.79 6,057.23
Annual 59,799.60 62,789.58 65,929.06 69,225.51 72,686.79 23 Biweekly 2,357.48 2,475.36 2,599.13 2,729.08 2,865.54 Monthly 5,107.88 5,363.28 5,631.44 5,913.01 6,208.66
Annual 61,294.59 64,359.32 67,577.29 70,956.15 74,503.96
CITY OF ARROYO GRANDE
EFFECTIVE 7/02/27
SCHEDULE OF SALARY RANGES
SEIU
Exhibit "B"
RANGE A B C D E Positions
CITY OF ARROYO GRANDE
EFFECTIVE 7/02/27
SCHEDULE OF SALARY RANGES
SEIU
24 Biweekly 2,416.42 2,537.24 2,664.10 2,797.31 2,937.18 Monthly 5,235.58 5,497.36 5,772.23 6,060.84 6,363.88
Annual 62,826.96 65,968.30 69,266.72 72,730.06 76,366.56 25 Biweekly 2,476.83 2,600.67 2,730.71 2,867.24 3,010.60 Monthly 5,366.47 5,634.79 5,916.53 6,212.36 6,522.98
Annual 64,397.63 67,617.51 70,998.39 74,548.31 78,275.72 26 Biweekly 2,538.75 2,665.69 2,798.97 2,938.92 3,085.87 Community Development Specialist Monthly 5,500.63 5,775.66 6,064.45 6,367.67 6,686.05 Utilities Operator II Annual 66,007.57 69,307.95 72,773.35 76,412.01 80,232.62 Engineering Technician 27 Biweekly 2,602.22 2,732.33 2,868.95 3,012.40 3,163.02 Streets Maintenance Worker III Monthly 5,638.15 5,920.05 6,216.06 6,526.86 6,853.20 Parks Maintenance Worker III Annual 67,657.76 71,040.65 74,592.68 78,322.32 82,238.43 Recreation Coordinator Facilities Maintenance Specialist
28 Biweekly 2,667.28 2,800.64 2,940.67 3,087.71 3,242.09 Senior Community Development Specialist Monthly 5,779.10 6,068.06 6,371.46 6,690.03 7,024.53 Senior Accounting Clerk Annual 69,349.20 72,816.67 76,457.50 80,280.37 84,294.39 29 Biweekly 2,733.96 2,870.66 3,014.19 3,164.90 3,323.14 Monthly 5,923.58 6,219.76 6,530.74 6,857.28 7,200.15
Annual 71,082.93 74,637.08 78,368.94 82,287.38 86,401.75 30 Biweekly 2,802.31 2,942.42 3,089.54 3,244.02 3,406.22 Utilities Operator III Monthly 6,071.67 6,375.25 6,694.01 7,028.71 7,380.15
Annual 72,860.01 76,503.01 80,328.16 84,344.57 88,561.80 31 Biweekly 2,872.37 3,015.98 3,166.78 3,325.12 3,491.38 Code Compliance Coordinator Monthly 6,223.46 6,534.63 6,861.36 7,204.43 7,564.65
Annual 74,681.51 78,415.58 82,336.36 86,453.18 90,775.84 32 Biweekly 2,944.17 3,091.38 3,245.95 3,408.25 3,578.66 Lead Streets Maint. Worker Monthly 6,379.05 6,698.00 7,032.90 7,384.54 7,753.77 Lead Parks Maint. Worker Annual 76,548.55 80,375.97 84,394.77 88,614.51 93,045.24 Water Services Worker 33 Biweekly 3,017.78 3,168.67 3,327.10 3,493.46 3,668.13 Monthly 6,538.52 6,865.45 7,208.72 7,569.16 7,947.61
Annual 78,462.26 82,385.37 86,504.64 90,829.87 95,371.37 34 Biweekly 3,093.22 3,247.88 3,410.28 3,580.79 3,759.83 GIS Technician Monthly 6,701.98 7,037.08 7,388.94 7,758.39 8,146.30
Annual 80,423.82 84,445.01 88,667.26 93,100.62 97,755.65 35 Biweekly 3,170.55 3,329.08 3,495.54 3,670.31 3,853.83 Utilities Lead Operator Monthly 6,869.53 7,213.01 7,573.66 7,952.34 8,349.96 Recreation Supervisor Annual 82,434.41 86,556.13 90,883.94 95,428.14 100,199.54 36 Biweekly 3,249.82 3,412.31 3,582.92 3,762.07 3,950.17 Monthly 7,041.27 7,393.34 7,763.00 8,151.15 8,558.71
Annual 84,495.27 88,720.04 93,156.04 97,813.84 102,704.53
Exhibit "B"
RANGE A B C D E Positions
CITY OF ARROYO GRANDE
EFFECTIVE 7/02/27
SCHEDULE OF SALARY RANGES
SEIU
37 Biweekly 3,331.06 3,497.62 3,672.50 3,856.12 4,048.93 Streets Maint. Supervisor Monthly 7,217.30 7,578.17 7,957.08 8,354.93 8,772.68 Parks Maint. Supervisor Annual 86,607.65 90,938.04 95,484.94 100,259.19 105,272.14 Soto Complex Maint. Supervisor 38 Biweekly 3,414.34 3,585.06 3,764.31 3,952.53 4,150.15 Assistant Engineer Monthly 7,397.74 7,767.62 8,156.01 8,563.81 8,992.00 Engineering Inspector Annual 88,772.85 93,211.49 97,872.06 102,765.66 107,903.95 Fleet Maintenance Coordinator 39 Biweekly 3,499.70 3,674.68 3,858.42 4,051.34 4,253.91 Monthly 7,582.68 7,961.81 8,359.91 8,777.90 9,216.80
Annual 90,992.17 95,541.77 100,318.86 105,334.81 110,601.55 40 Biweekly 3,587.19 3,766.55 3,954.88 4,152.62 4,360.25 Utilities Supervisor Monthly 7,772.25 8,160.86 8,568.90 8,997.35 9,447.22 Information Technology Specialist Annual 93,266.97 97,930.32 102,826.83 107,968.18 113,366.59 41 Biweekly 3,676.87 3,860.71 4,053.75 4,256.44 4,469.26 Business Systems Analyst Monthly 7,966.55 8,364.88 8,783.13 9,222.28 9,683.40
Annual 95,598.64 100,378.58 105,397.51 110,667.38 116,200.75 42 Biweekly 3,768.79 3,957.23 4,155.09 4,362.85 4,580.99 Monthly 8,165.72 8,574.00 9,002.70 9,452.84 9,925.48
Annual 97,988.61 102,888.04 108,032.44 113,434.07 119,105.77 43 Biweekly 3,863.01 4,056.16 4,258.97 4,471.92 4,695.52 Monthly 8,369.86 8,788.35 9,227.77 9,689.16 10,173.62
Annual 100,438.33 105,460.24 110,733.25 116,269.92 122,083.41 44 Biweekly 3,959.59 4,157.57 4,365.45 4,583.72 4,812.90 Associate Engineer Monthly 8,579.11 9,008.06 9,458.47 9,931.39 10,427.96
Annual 102,949.28 108,096.75 113,501.59 119,176.67 125,135.50 45 Biweekly 4,058.58 4,261.51 4,474.58 4,698.31 4,933.23 Monthly 8,793.58 9,233.26 9,694.93 10,179.67 10,688.66
Annual 105,523.02 110,799.17 116,339.13 122,156.08 128,263.89 46 Biweekly 4,160.04 4,368.04 4,586.45 4,815.77 5,056.56 Monthly 9,013.42 9,464.10 9,937.30 10,434.17 10,955.87
Annual 108,161.09 113,569.15 119,247.60 125,209.98 131,470.48 47 Biweekly 4,264.04 4,477.25 4,701.11 4,936.16 5,182.97 Monthly 9,238.76 9,700.70 10,185.73 10,695.02 11,229.77 Annual 110,865.12 116,408.38 122,228.79 128,340.23 134,757.25 48 Biweekly 4,370.64 4,589.18 4,818.64 5,059.57 5,312.55 Monthly 9,469.73 9,943.22 10,440.38 10,962.39 11,510.51 Annual 113,636.75 119,318.58 125,284.51 131,548.74 138,126.18 49 Biweekly 4,479.91 4,703.91 4,939.10 5,186.06 5,445.36 Monthly 9,706.47 10,191.80 10,701.39 11,236.45 11,798.28 Annual 116,477.67 122,301.55 128,416.63 134,837.46 141,579.33 50 Biweekly 4,591.91 4,821.50 5,062.58 5,315.71 5,581.49 Senior Engineer Monthly 9,949.13 10,446.59 10,968.92 11,517.37 12,093.23
Exhibit "B"
RANGE A B C D E Positions
CITY OF ARROYO GRANDE
EFFECTIVE 7/02/27
SCHEDULE OF SALARY RANGES
SEIU
Annual 119,389.61 125,359.09 131,627.04 138,208.39 145,118.81
Exhibit "C"
RANGE A B C D E Positions
11 Biweekly 1,796.74 1,886.58 1,980.91 2,079.96 2,183.95 Monthly 3,892.95 4,087.59 4,291.97 4,506.57 4,731.90
Annual 46,715.35 49,051.12 51,503.68 54,078.86 56,782.80 12 Biweekly 1,841.66 1,933.75 2,030.43 2,131.96 2,238.55 Monthly 3,990.27 4,189.78 4,399.27 4,619.24 4,850.20
Annual 47,883.24 50,277.40 52,791.27 55,430.83 58,202.37 13 Biweekly 1,887.70 1,982.09 2,081.19 2,185.25 2,294.52 Monthly 4,090.03 4,294.53 4,509.25 4,734.72 4,971.45
Annual 49,080.32 51,534.33 54,111.05 56,816.60 59,657.43 14 Biweekly 1,934.90 2,031.64 2,133.22 2,239.89 2,351.88 Office Assistant I Monthly 4,192.28 4,401.89 4,621.99 4,853.08 5,095.74
Annual 50,307.33 52,822.69 55,463.83 58,237.02 61,148.87 15 Biweekly 1,983.27 2,082.43 2,186.55 2,295.88 2,410.68 Monthly 4,297.08 4,511.94 4,737.54 4,974.41 5,223.13
Annual 51,565.01 54,143.26 56,850.42 59,692.94 62,677.59 16 Biweekly 2,032.85 2,134.49 2,241.22 2,353.28 2,470.94 Accounting Clerk I Monthly 4,404.51 4,624.74 4,855.97 5,098.77 5,353.71
Annual 52,854.13 55,496.84 58,271.68 61,185.27 64,244.53 17 Biweekly 2,083.67 2,187.86 2,297.25 2,412.11 2,532.72 Parks Maintenance Worker I Monthly 4,514.62 4,740.36 4,977.37 5,226.24 5,487.55 Streets Maintenance Worker I Annual 54,175.49 56,884.26 59,728.48 62,714.90 65,850.64 18 Biweekly 2,135.76 2,242.55 2,354.68 2,472.41 2,596.04 Monthly 4,627.49 4,858.86 5,101.81 5,356.90 5,624.74
Annual 55,529.88 58,306.37 61,221.69 64,282.77 67,496.91 19 Biweekly 2,189.16 2,298.62 2,413.55 2,534.22 2,660.94 Office Assistant II Monthly 4,743.18 4,980.34 5,229.35 5,490.82 5,765.36
Annual 56,918.12 59,764.03 62,752.23 65,889.84 69,184.33 20 Biweekly 2,243.89 2,356.08 2,473.89 2,597.58 2,727.46 Monthly 4,861.76 5,104.84 5,360.09 5,628.09 5,909.50
Annual 58,341.08 61,258.13 64,321.04 67,537.09 70,913.94 21 Biweekly 2,299.98 2,414.98 2,535.73 2,662.52 2,795.65 Accounting Clerk II Monthly 4,983.30 5,232.47 5,494.09 5,768.79 6,057.23 Parks Maintenance Worker II Annual 59,799.60 62,789.58 65,929.06 69,225.51 72,686.79 Utilities Operator I Streets Maintenance Worker II
22 Biweekly 2,357.48 2,475.36 2,599.13 2,729.08 2,865.54 Monthly 5,107.88 5,363.28 5,631.44 5,913.01 6,208.66
Annual 61,294.59 64,359.32 67,577.29 70,956.15 74,503.96 23 Biweekly 2,416.42 2,537.24 2,664.10 2,797.31 2,937.18 Monthly 5,235.58 5,497.36 5,772.23 6,060.84 6,363.88
Annual 62,826.96 65,968.30 69,266.72 72,730.06 76,366.56
CITY OF ARROYO GRANDE
EFFECTIVE 7/01/28
SCHEDULE OF SALARY RANGES
SEIU
Exhibit "C"
RANGE A B C D E Positions
CITY OF ARROYO GRANDE
EFFECTIVE 7/01/28
SCHEDULE OF SALARY RANGES
SEIU
24 Biweekly 2,476.83 2,600.67 2,730.71 2,867.24 3,010.60 Monthly 5,366.47 5,634.79 5,916.53 6,212.36 6,522.98
Annual 64,397.63 67,617.51 70,998.39 74,548.31 78,275.72 25 Biweekly 2,538.75 2,665.69 2,798.97 2,938.92 3,085.87 Monthly 5,500.63 5,775.66 6,064.45 6,367.67 6,686.05
Annual 66,007.57 69,307.95 72,773.35 76,412.01 80,232.62 26 Biweekly 2,602.22 2,732.33 2,868.95 3,012.40 3,163.02 Community Development Specialist Monthly 5,638.15 5,920.05 6,216.06 6,526.86 6,853.20 Utilities Operator II Annual 67,657.76 71,040.65 74,592.68 78,322.32 82,238.43 Engineering Technician 27 Biweekly 2,667.28 2,800.64 2,940.67 3,087.71 3,242.09 Streets Maintenance Worker III Monthly 5,779.10 6,068.06 6,371.46 6,690.03 7,024.53 Parks Maintenance Worker III Annual 69,349.20 72,816.67 76,457.50 80,280.37 84,294.39 Recreation Coordinator Facilities Maintenance Specialist
28 Biweekly 2,733.96 2,870.66 3,014.19 3,164.90 3,323.14 Senior Community Development Specialist Monthly 5,923.58 6,219.76 6,530.74 6,857.28 7,200.15 Senior Accounting Clerk Annual 71,082.93 74,637.08 78,368.94 82,287.38 86,401.75 29 Biweekly 2,802.31 2,942.42 3,089.54 3,244.02 3,406.22 Monthly 6,071.67 6,375.25 6,694.01 7,028.71 7,380.15
Annual 72,860.01 76,503.01 80,328.16 84,344.57 88,561.80 30 Biweekly 2,872.37 3,015.98 3,166.78 3,325.12 3,491.38 Utilities Operator III Monthly 6,223.46 6,534.63 6,861.36 7,204.43 7,564.65
Annual 74,681.51 78,415.58 82,336.36 86,453.18 90,775.84 31 Biweekly 2,944.17 3,091.38 3,245.95 3,408.25 3,578.66 Code Compliance Coordinator Monthly 6,379.05 6,698.00 7,032.90 7,384.54 7,753.77
Annual 76,548.55 80,375.97 84,394.77 88,614.51 93,045.24 32 Biweekly 3,017.78 3,168.67 3,327.10 3,493.46 3,668.13 Lead Streets Maint. Worker Monthly 6,538.52 6,865.45 7,208.72 7,569.16 7,947.61 Lead Parks Maint. Worker Annual 78,462.26 82,385.37 86,504.64 90,829.87 95,371.37 Water Services Worker 33 Biweekly 3,093.22 3,247.88 3,410.28 3,580.79 3,759.83 Monthly 6,701.98 7,037.08 7,388.94 7,758.39 8,146.30
Annual 80,423.82 84,445.01 88,667.26 93,100.62 97,755.65 34 Biweekly 3,170.55 3,329.08 3,495.54 3,670.31 3,853.83 GIS Technician Monthly 6,869.53 7,213.01 7,573.66 7,952.34 8,349.96
Annual 82,434.41 86,556.13 90,883.94 95,428.14 100,199.54 35 Biweekly 3,249.82 3,412.31 3,582.92 3,762.07 3,950.17 Utilities Lead Operator Monthly 7,041.27 7,393.34 7,763.00 8,151.15 8,558.71 Recreation Supervisor Annual 84,495.27 88,720.04 93,156.04 97,813.84 102,704.53 36 Biweekly 3,331.06 3,497.62 3,672.50 3,856.12 4,048.93 Monthly 7,217.30 7,578.17 7,957.08 8,354.93 8,772.68
Annual 86,607.65 90,938.04 95,484.94 100,259.19 105,272.14
Exhibit "C"
RANGE A B C D E Positions
CITY OF ARROYO GRANDE
EFFECTIVE 7/01/28
SCHEDULE OF SALARY RANGES
SEIU
37 Biweekly 3,414.34 3,585.06 3,764.31 3,952.53 4,150.15 Streets Maint. Supervisor Monthly 7,397.74 7,767.62 8,156.01 8,563.81 8,992.00 Parks Maint. Supervisor Annual 88,772.85 93,211.49 97,872.06 102,765.66 107,903.95 Soto Complex Maint. Supervisor 38 Biweekly 3,499.70 3,674.68 3,858.42 4,051.34 4,253.91 Assistant Engineer Monthly 7,582.68 7,961.81 8,359.91 8,777.90 9,216.80 Engineering Inspector Annual 90,992.17 95,541.77 100,318.86 105,334.81 110,601.55 Fleet Maintenance Coordinator 39 Biweekly 3,587.19 3,766.55 3,954.88 4,152.62 4,360.25 Monthly 7,772.25 8,160.86 8,568.90 8,997.35 9,447.22
Annual 93,266.97 97,930.32 102,826.83 107,968.18 113,366.59 40 Biweekly 3,676.87 3,860.71 4,053.75 4,256.44 4,469.26 Utilities Supervisor Monthly 7,966.55 8,364.88 8,783.13 9,222.28 9,683.40 Information Technology Specialist Annual 95,598.64 100,378.58 105,397.51 110,667.38 116,200.75 41 Biweekly 3,768.79 3,957.23 4,155.09 4,362.85 4,580.99 Business Systems Analyst Monthly 8,165.72 8,574.00 9,002.70 9,452.84 9,925.48
Annual 97,988.61 102,888.04 108,032.44 113,434.07 119,105.77 42 Biweekly 3,863.01 4,056.16 4,258.97 4,471.92 4,695.52 Monthly 8,369.86 8,788.35 9,227.77 9,689.16 10,173.62
Annual 100,438.33 105,460.24 110,733.25 116,269.92 122,083.41 43 Biweekly 3,959.59 4,157.57 4,365.45 4,583.72 4,812.90 Monthly 8,579.11 9,008.06 9,458.47 9,931.39 10,427.96
Annual 102,949.28 108,096.75 113,501.59 119,176.67 125,135.50 44 Biweekly 4,058.58 4,261.51 4,474.58 4,698.31 4,933.23 Associate Engineer Monthly 8,793.58 9,233.26 9,694.93 10,179.67 10,688.66
Annual 105,523.02 110,799.17 116,339.13 122,156.08 128,263.89 45 Biweekly 4,160.04 4,368.04 4,586.45 4,815.77 5,056.56 Monthly 9,013.42 9,464.10 9,937.30 10,434.17 10,955.87
Annual 108,161.09 113,569.15 119,247.60 125,209.98 131,470.48 46 Biweekly 4,264.04 4,477.25 4,701.11 4,936.16 5,182.97 Monthly 9,238.76 9,700.70 10,185.73 10,695.02 11,229.77 Annual 110,865.12 116,408.38 122,228.79 128,340.23 134,757.25 47 Biweekly 4,370.64 4,589.18 4,818.64 5,059.57 5,312.55 Monthly 9,469.73 9,943.22 10,440.38 10,962.39 11,510.51 Annual 113,636.75 119,318.58 125,284.51 131,548.74 138,126.18 48 Biweekly 4,479.91 4,703.91 4,939.10 5,186.06 5,445.36 Monthly 9,706.47 10,191.80 10,701.39 11,236.45 11,798.28 Annual 116,477.67 122,301.55 128,416.63 134,837.46 141,579.33 49 Biweekly 4,591.91 4,821.50 5,062.58 5,315.71 5,581.49 Monthly 9,949.13 10,446.59 10,968.92 11,517.37 12,093.23 Annual 119,389.61 125,359.09 131,627.04 138,208.39 145,118.81 50 Biweekly 4,706.71 4,942.04 5,189.14 5,448.60 5,721.03 Senior Engineer Monthly 10,197.86 10,707.76 11,243.14 11,805.30 12,395.57
Exhibit "C"
RANGE A B C D E Positions
CITY OF ARROYO GRANDE
EFFECTIVE 7/01/28
SCHEDULE OF SALARY RANGES
SEIU
Annual 122,374.35 128,493.06 134,917.72 141,663.60 148,746.78
Item 9.f.
MEMORANDUM
TO: City Council
FROM: Jessica Matson, Director of Legislative & Information Services/ City Clerk
SUBJECT: Appointment of a Voting Delegate and Alternate for the League of California Cities Annual Conference
DATE: July 28, 2026
RECOMMENDATION:
Appoint Mayor Ray Russom as the voting delegate and Mayor Pro Tem Maraviglia as the alternate for 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 2026-27 City Council Training budget. No additional costs are associated with the appointment of a voting delegate for the Annual Conference.
BACKGROUND:
This year’s League of California Cities (League) Annual Conference is scheduled to take place September 23-25, 2026. One important activity of the Conference is the annual General Assembly meeting, to be held on Friday, September 25, 2026, 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…”
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, Mayor Ray Russom, Mayor Pro Tem Maraviglia, and Council Members Guthrie, Secrest, and Loe are the City of Arroyo Grande representatives registered to attend the Conference.
The deadline to submit policy resolutions to the Annual Conference was July 25, 2026.
The resolution must have the concurrence of at least five additional member cities or
Item 9.f.
City Council
Appointment of a Voting Delegate and Alternate for the League of California Cities Annual Conference
July 28, 2026
individual members. To date, no policy resolutions have been submitted for consideration.
Petitioned resolutions may still be introduced during the conference, and if qualified, considered by the General Assembly.
Staff recommends the appointment of Mayor Ray Russom as the voting delegate and Mayor Pro Tem Maraviglia as alternate.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Staff’s recommendation; 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, May 13, 2026
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. 23-25, 2026 Anaheim 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 Friday, Sept. 25, 2026 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.
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. 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.
Following council action, please submit your city’s delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
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 opens June 2.
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 Council Action Advised by September 1, 2026
ATTACHMENT 1
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.
Please view Cal Cities’ event and meeting policy in advance of the conference.
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 Anaheim Convention Center, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, 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 submitting your voting delegate and alternates by Tuesday, Sept. 1. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• 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.
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 Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode 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 work.
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, and 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, and
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 memberinformed 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 to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
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 105 of 437 Item 9.g.
MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, Acting Public Works Director/City Engineer BY: Theresa Wren, Capital Improvement Projects Manager
SUBJECT: Notice of Acceptance, 2026 Pedestrian Improvements, PW 2025-19 DATE: July 28, 2026
RECOMMENDATION:
1) Adopt a Resolution accepting the 2026 Pedestrian Improvements Project (PW 2025- 15) and authorizing staff to file the Notice of Completion; and 2) Determine that adopting the Resolution ordering the acceptance is exempt from the California Environmental Quality Act ("CEQA") because the activity is not a “project” subject to CEQA and it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines,§§ 15060, subd. (c)(2)-(3), 15378.)
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The FY 2025-26 budget included funding for the Project, consisting of several different funding sources. The Project was completed within budget.
Table 1 summarizes Project costs. The final total contract cost and contingency for the Project was $897,206.49, including $147,449.43 for changes in materials quantities and field change orders.
Table 1: Construction Costs
Bid Actual $ Under
Construction Contract $ 771,594.35 $ 749,707.06 $ 21,887.29 Contingency (20%) $ 154,318.87 $ 147,499.43 $ 6,819.44
Total $ 925,913.22 $ 897,206.49 $ 28,706.73
Item 9.g.
City Council
Notice of Acceptance, 2026 Pedestrian Improvements, PW 2025-19 July 28, 2026
BACKGROUND:
At its January 27, 2026,1 meeting, the City Council awarded a construction contract to complete the 2026 Pedestrian Improvements Project (PW 2025-19). In general, the project consisted of curb extensions, speed tables, crosswalk improvements, a pedestrian refuge island, landscaping, and Rectangular Rapid Flashing Beacons (RRFBs) on East Branch Street and Huasna Road; storm drain inlet improvements on East Branch Street and Hillcrest Drive; sidewalk improvements on Elm Street south of Sunset Drive; and sidewalk repairs at various locations throughout the City.
ANALYSIS OF ISSUES:
The 2026 Pedestrian Improvements Project was completed to the satisfaction of Engineering staff and the Utilities Manager. The contractor worked well with City staff and was cognizant of the timing and traffic considerations for the work that impacted the Village and the neighborhoods. All punch list items were completed by July 2, 2026.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendation;
2. Do not approve staff’s recommendation and request further information; or
3. Provide other direction to staff.
ADVANTAGES:
The project was completed and accepting the improvements will allow staff to file the Notice of Completion and close out the project.
DISADVANTAGES:
None.
ENVIRONMENTAL REVIEW:
These actions are exempt from the California Environmental Quality Act ("CEQA") because the activity is not a “project” subject to CEQA and it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines,§§ 15060, subd. (c)(2)-(3), 15378.) 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. Resolution
2. Notice of Completion
1https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=45cb77a4-833c-41fa-af53- 4fa9cb457dd2&lang=English&Agenda=Agenda&Item=52&Tab=attachments
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ACCEPTING THE 2026
PEDESTRIAN IMPROVEMENTS (PW 2025-15) AND
AUTHORIZING STAFF TO FILE THE NOTICE OF
COMPLETION
WHEREAS, the construction project known as the 2026 Pedestrian Improvements (PW 2025-15) has been completed in accordance with applicable contracts as of June 8, 2026; and
WHEREAS, it is in the best interest of the City of Arroyo Grande to formally acknowledge the completion of this project and to record a Notice of Completion.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. Accepts the 2026 Pedestrian Improvements (PW 2025-19).
3. Authorizes staff to file the Notice of Completion with the San Luis Obispo County Recorder’s Office.
4. Authorizes release of the retention payment thirty-five days after the Notice of Completion has been recorded, if no liens have been filed.
5. Finds that accepting the 2026 Pedestrian Improvements project is not a project subject to CEQA and has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment pursuant to State CEQA Guidelines,§§ 15060, subd. (c)(2)-(3), 15378.
On motion of to wit: , seconded by , and on the following roll call vote,
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 28th day of July, 2026.
ATTACHMENT 1
RESOLUTION NO.
PAGE2
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
ATTACHMENT 2
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF ARROYO GRANDE
300 EAST BRANCH STREET
ARROYO GRANDE, CA 93420
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner or agent of owner of the interest or estate or the property hereinafter described as stated below.
2. The FULL NAME of the OWNER is: The City of Arroyo Grande
3. The FULL ADDRESS of the OWNER is: 300 East Branch Street, Arroyo Grande, California 93420
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee
5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are:
NAMES ADDRESSES
None
6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR’S in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvements herein referred to:
NAMES ADDRESSES
None
7. All work of improvement on the property hereinafter described was COMPLETED May 21, 2026
8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:
V Lopez Jr. & Sons General Engineering Contractors, Inc.
9. The street address of said property is: Various streets within the City of Arroyo Grande, CA
10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of California, and is described as follows: 2026 Pedestrian Improvements Project (PW 2025-19) Verification of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Public Works Director of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. _________________________________________________
Shannon Sweeney, Acting Public Works Director / City Engineer July 28, 2026, Arroyo Grande, California
-- END OF DOCUMENT --
Item 9.h.
MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, Acting Director of Public Works/City Engineer SUBJECT: Professional Services Agreement with Water Systems Consulting, Inc. to Provide Staff Extension Services for The Northern Cities Management Area Technical Group
DATE: July 28, 2026
RECOMMENDATION:
1) Adopt a Resolution authorizing the City Manager to execute a Professional Services Agreement with Water Systems Consulting, Inc. (WSC) for support services for the Northern Cities Management Area (NCMA) Technical Group, subject to any minor, technical, or non-substantive changes as approved by the City Manager in consultation with the City Attorney; and
2) Find that approving this agreement 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.)
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The total annual cost of services over the entire five years of the contract is $504,914 for the NCMA Technical Group, which includes the cities of Arroyo Grande, Pismo Beach, and Grover Beach, and the Oceano Community Services District (OCSD). Year 1 is estimated to be $90,362, and the remaining years of the contract are estimated with a 3% escalation.
The City’s portion of the annual cost is 31%, based on the percentage of groundwater entitlement, or $28,012.22 for FY 2026-27 and estimated at $148,720.68 for the five year term of the agreement. The approved FY 2025-27 budget includes sufficient funding for Arroyo Grande’s share of these service costs.
Staff spends approximately 120 hours/year on the NCMA Technical Group activities.
BACKGROUND:
The current five-year Professional Services Agreement with WSC for staff extension services for the NCMA expires on August 9, 2026. The Request for Proposals for the
Item 9.h.
City Council
Professional Services Agreement with Water Systems Consulting, Inc. to Provide Staff Extension Services for The Northern Cities Management Area Technical Group
July 28, 2026
current agreement for NCMA staff extension services was completed by the City of Arroyo Grande in May 2021. City staff found WSC’s work product to be acceptable for the last five years.
In preparation for future NCMA staff extension needs, the City of Pismo Beach took a lead role in issuing a Request for Proposals for these services in June 2026 (Attachment 2) to PlanetBids, which has 125 vendors set up under the “Engineering Services” category. One proposal was received, from WSC (Exhibit “A” to Attachment 3), which includes a scope of work. WSC’s fee schedule for the first year is included as Exhibit “B” to Attachment 3. WSC was chosen by the NCMA Technical Group to provide these services for a 3-year period with two potential one-year extensions.
ANALYSIS OF ISSUES:
The NCMA Technical Group meets monthly to review, analyze, and make recommendations on groundwater management. The group also coordinates regional water management activities and assures all required reporting is completed for the Superior Court per the stipulation of the adjudication of the Santa Maria Groundwater Basin. All these efforts require coordination, agenda preparation, research, technical review, and various related work products. From 2005 through 2009, the NCMA technical group met and conferred on Groundwater Conditions and Management of the NCMA, including preparation of the Annual Report to the Superior Court.
It was concluded that the staff time required to properly conduct the management of the NCMA could not be met with in-house staff from Grover Beach, Pismo Beach, OCSD, and Arroyo Grande. As a result, NCMA Technical Group members coordinated an outside consultant to provide staff extension services to help manage the NCMA. A complete list of work tasks is in the attached RFP under Scope of Services.
As the NCMA is not a governing organization, each City and OCSD enter into its own agreement to pay its share of the expenses. The term of the agreement is for five years.
The actual amount from the cost proposal for Arroyo Grande for year 1 is $28,012.22. A 3% escalation is assumed for years 2 through 5. These costs are estimated at $28,852.59, $29,718.16, $30,609.71, and $31,528.00, for a total five-year cost of $148,720.68.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Staff’s recommendation;
2. Do not approve WSC Professional Services Agreement; or
3. Provide other direction to staff.
Item 9.h.
City Council
Professional Services Agreement with Water Systems Consulting, Inc. to Provide Staff Extension Services for The Northern Cities Management Area Technical Group
July 28, 2026
ADVANTAGES:
Approval of this agreement will allow continued support services to the NCMA Technical Group which are beyond staff capacity to provide. These services enable the Technical Group to meet Santa Maria Groundwater Basin Stipulation reporting requirements, such as the Annual Report.
DISADVANTAGES:
No disadvantages noted at this time other than the expense of up to $31,528 each year to provide the service.
ENVIRONMENTAL REVIEW:
Approving this agreement 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.)
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. Resolution
2. Request for Proposals
3. Proposed Professional Services Agreement with Water Systems Consulting, Inc.
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH WATER SYSTEMS
CONSULTING, INC. (WSC) FOR SUPPORT SERVICES FOR THE
NORTHERN CITIES MANAGEMENT AREA (NCMA) TECHNICAL
GROUP
WHEREAS, The NCMA Technical Group, consisting of representatives from the cities of Arroyo Grande, Grover Beach, and Pismo Beach, and the Oceano Community Services District, coordinates regional groundwater management activities and prepares reports required for the Santa Maria Groundwater Basin Stipulation; and WHEREAS, the staff time required to properly conduct the management of the NCMA could not be met with in-house staff and these services have been provided by consultants for almost ten years; and
WHEREAS, the current staff extension agreement expires August 9, 2026; and WHEREAS, a Request for Proposals to extend NCMA support services was issued in June 2026; and
WHEREAS, one proposal was received, from WSC, the consultant that is currently providing these services; and
WHEREAS, WSC’s work product has been acceptable for the last five years and the Technical Group approved their proposal.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby authorize the City Manager to approve a professional services agreement with Water Systems Consulting, Inc. (WSC) for support services for the Northern Cities Management Area (NCMA) Technical Group, in an amount not-to-exceed $148,720.68, subject to any minor, technical, or non-substantive changes as approved by the City Manager in consultation with the City Attorney.
BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande does hereby find that approving this agreement 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.).
RESOLUTION NO.
PAGE 2
On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 28th day of July, 2026.
RESOLUTION NO.
PAGE 3
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
WƌŽƉŽƐĂůĨŽƌWƌŽĨĞƐƐŝŽŶĂů^ĞƌǀŝĐĞƐ͗^ƚĂī
džƚĞŶƐŝŽŶ^ĞƌǀŝĐĞƐĨŽƌƚŚĞEDd'
NORTHERN
CITIES
MANAGEMENT
AREA
REQUEST FOR PROPOSALS (RFP) FOR
STAFF EXTENSION SERVICES FOR THE NORTHERN CITIES
MANAGEMENT AREA TECHNICAL GROUP
Issuing Entities City of Arroyo Grande City of Grover Beach ϯϬϬƌĂŶĐŚ^ƚƌĞĞƚ 154 S 8ƚŚ Street
rrŽLJŽ 'rĂŶĚe͕ ϵϯ4ϮϬ 'rŽǀer eĂĐŚ͕ ϵϯ4ϯϯ
City of Pismo Beach Oceano Community Service District
ϳϲϬ DĂttŝe ZŽĂĚ 1655 Front Street
WŝƐŵo eĂĐŚ͕ ϵϯ44ϵ KĐeĂno͕ ϵϯ445
Lead Issuing Entity: City of Pismo Beach
ϳ6Ϭ DĂttŝe ZoĂĚ
WŝƐŵo eĂĐŚ͕ ϵϯ44ϵ
Submit to: WroƉoƐĂůƐ ŵƵƐt ďe ƐƵďŵŝtteĚ ƵƐŝnŐ tŚe ŝtLJ͛Ɛ e-WroĐƵreŵent WortĂů͕ WůĂnetŝĚƐ Ăt tŚŝƐ ǁeďƐŝte͗ ǁǁǁ͘ƉŝƐŵoďeĂĐŚ͘orŐͬďŝĚƐ
Questions: ůů ƋƵeƐtŝonƐ ŵƵƐt be ƐƵbŵŝtteĚŝn ǁrŝtŝnŐ tŚroƵŐŚ tŚe WůĂnetŝĚƐ WroĐƵreŵent YƵeƐtŝonͬnƐǁer dĂb ǀŝĂ tŚe ŝtLJΖƐ eWroĐƵreŵent ƉortĂů͕ on or beĨore tŚe YƵeƐtŝon Θ nƐǁer SƵbŵŝƐƐŝon Ăte ĂnĚ dŝŵe
Due Date: Proposals ŵƵst be reĐeŝǀeĚ no later tŚan Ϯ͗ϬϬ P͘D͘ on dŚƵrsĚaLJ :Ƶne Ϯ5͕ ϮϬϮ6 as ĚeterŵŝneĚ bLJ ǁǁǁ͘tŝŵe͘Őoǀ
ATTACHMENT 2
Proposal Ĩor ProĨessŝonal SerǀŝĐes͗ Staī
džtensŝon SerǀŝĐes Ĩor tŚe ED d'
THIS PAGE INTENTIONALLY LEFT BLANK FOR DUPLEX PRINTING
Proposal Ĩor ProĨessŝonal SerǀŝĐes͗ Staī
džtensŝon SerǀŝĐes Ĩor tŚe ED d'
EotŝĐe ZeƋƵestŝnŐ Proposals Ĩor ProĨessŝonal
nŐŝneerŝnŐ SerǀŝĐes Ĩor
STAFF EXTENSION SERVICES FOR THE NORTHERN CITIES MANAGEMENT
AREA TECHNICAL GROUP
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SECTION A – DESCRIPTION OF WORK
Project Description
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1Ϳ KrŐanŝnje anĚ leaĚ ED d' meetŝnŐs͕ ŝncluĚŝnŐ tŚe preparatŝon oĨ aŐenĚas͕ mŝnutes͕ anĚ releǀant tecŚnŝcal ŚanĚouts as neeĚeĚ͘
aͿ DeetŝnŐs are ŚelĚ tŚe seconĚ DonĚaLJ oĨ eacŚ montŚ Ĩrom 1͗ϯϬ to ϯ͗ϯϬ p͘m͘ urrentlLJ all montŚlLJ meetŝnŐs are ŚosteĚ remotelLJ͘ /t ŝs antŝcŝpateĚ tŚat ŝn person meetŝnŐs ŝn tŚe Fŝǀe ŝtŝes area ǁŝll resume ŝn tŚe comŝnŐ LJear͘
ϮͿ dracŬ eacŚ aŐencLJ͛s ǁater use bLJ source anĚ prepare a spreaĚsŚeet Ĩor eacŚ montŚlLJ meetŝnŐ͘ ϯͿ ttenĚ San >uŝs Kbŝspo ountLJ FlooĚ ontrol ŝstrŝct one ϯ decŚnŝcal ĚǀŝsorLJ ommŝttee ;dͿ meetŝnŐs on beŚalĨ oĨ tŚe ED d' on an as-neeĚeĚ basŝs͘ aͿ DeetŝnŐs are ŚelĚ tŚe Ĩŝrst dŚursĚaLJ oĨ eacŚ montŚ Ĩrom ϵ͗ϬϬ am to 11͗ϬϬ am ;sometŝmes noonͿ͘ urrentlLJ all montŚlLJ meetŝnŐs are ŚosteĚ remotelLJ͘ 4Ϳ KrŐanŝnje anĚ Ĩacŝlŝtate perŝoĚŝc meetŝnŐs ǁŝtŚ >ocal Őrŝcultural Zepresentatŝǀes as neeĚeĚ͘ 5Ϳ ZesearcŚ͕ analLJnje͕ anĚ proǀŝĚe recommenĚatŝons Ĩor tŚe ŝtems on tŚe commŝttee aŐenĚas͘ 6Ϳ Ěǀŝse on proposals bLJ tŚe ountLJ͘
ϳͿ ProǀŝĚe aĚĚŝtŝonal researcŚ anĚ optŝons as neeĚeĚ͘
8Ϳ ProǀŝĚe ŝnĚepenĚent tecŚnŝcal reǀŝeǁ oĨ ǀarŝous ǁorŬ proĚucts anĚ reports͘ ϵͿ ProǀŝĚe as-neeĚeĚ tecŚnŝcal anĚͬor manaŐerŝal support͘ 1ϬͿ Partŝcŝpate anĚ coorĚŝnate reŐŝonal ǁater manaŐement actŝǀŝtŝes on beŚalĨ oĨ tŚe ED d'͘
11Ϳ ProǀŝĚe nnual Zeport Proũect DanaŐement͕ ŝncluĚŝnŐ͗ aͿ ontract coorĚŝnatŝon anĚ aĚmŝnŝstratŝon
bͿ DanaŐement oĨ proũect buĚŐet anĚ scŚeĚule
cͿ oorĚŝnatŝon ǁŝtŚ tŚe consultant;sͿ anĚ ED member aŐencŝes to set meetŝnŐs͕ obtaŝn Ěata͕ anĚ maŝntaŝn proũect proŐress
ĚͿ decŚnŝcal reǀŝeǁ oĨ consultant Ěelŝǀerables
eͿ ŝtLJ ouncŝl anĚ oarĚ oĨ ŝrectors presentatŝons
12) Coordinate the Strategic Planning efforts for the NCMA TG and assist in implementation of the NCMA Strategic Plan.
13) Pursuit of grant opportunities.
14) Attend Council and/or Board meetings as necessary.
15) Liaison with NCMA Agency lawyers as necessary on active and pending litigations. 16) Conduct quality assurance verifications for well data submitted by the participating agencies twice annually.
Fee
dŚe Ĩee Ĩor tŚe staĨĨ edžtensŝon serǀŝces sŚall be ĚŝǀŝĚeĚ amonŐst tŚe ŝtŝes oĨ rroLJo 'ranĚe͕ 'roǀer eacŚ͕ anĚ Pŝsmo eacŚ baseĚ on SD' ŐrounĚǁater allocatŝon ;ŝncluĚŝnŐ aŐ conǀersŝonsͿ͘ SECTION B – GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions.
acŚ ŝnĚŝǀŝĚual or Ĩŝrm submŝttŝnŐ a proposal ;ProposerͿ sŚall meet all oĨ tŚe terms͕ anĚ conĚŝtŝons oĨ tŚe proposal specŝĨŝcatŝons pacŬaŐe͘ LJ ǀŝrtue oĨ ŝts proposal submŝttal͕ tŚe Proposer acŬnoǁleĚŐes aŐreement ǁŝtŚ anĚ acceptance oĨ all proǀŝsŝons oĨ tŚe proposal specŝĨŝcatŝons͘
2. Proposal Submittal.
acŚ proposal must be submŝtteĚ on tŚe Ĩorm;sͿ proǀŝĚeĚ ŝn tŚe specŝĨŝcatŝons anĚ accompanŝeĚ bLJ anLJ otŚer reƋuŝreĚ submŝttals or supplemental materŝals͘ Proposals sŚall be receŝǀeĚ beĨore Ϯ͗ϬϬ P͘D͘ on dŚursĚaLJ͕ :une Ϯ5͕ ϮϬϮ6 as ĚetermŝneĚ bLJ ǁǁǁ͘tŝme͘Őoǀ͘ Proposals receŝǀeĚ aĨter saŝĚ tŝme ǁŝll not be consŝĚereĚ͘ Proposals sŚall be submŝtteĚ usŝnŐ tŚe ŝtLJ͛s e-Procurement Portal͕ PlanetŝĚs at tŚŝs ǁebsŝte͗ ǁǁǁ͘pŝsmobeacŚ͘orŐͬbŝĚsYuestŝons͘ Proposals receŝǀeĚ bLJ emaŝl͕ Ĩadž͕ or ŚarĚ copLJ ǁŝll be reũecteĚ͘
3. Insurance Certificate.
acŚ proposal must ŝncluĚe a certŝĨŝcate oĨ ŝnsurance sŚoǁŝnŐ͗ a. dŚe ŝnsurance carrŝer anĚ ŝts ͘D͘ est ratŝnŐ͘
b. Scope oĨ coǀeraŐe anĚ lŝmŝts͘
c. eĚuctŝbles anĚ selĨ-ŝnsureĚ retentŝon͘
dŚe purpose oĨ tŚŝs submŝttal ŝs to ŐenerallLJ assess tŚe aĚeƋuacLJ oĨ tŚe Proposer͛s ŝnsurance coǀeraŐe ĚurŝnŐ proposal eǀaluatŝon͖ as ĚŝscusseĚ unĚer paraŐrapŚ 1Ϯ beloǁ͕ enĚorsements are not reƋuŝreĚ untŝl contract aǁarĚ͘ dŚe ŝtLJ͛s ŝnsurance reƋuŝrements are ĚetaŝleĚ ŝn Sectŝon ͘
4. Submittal of References͘
acŚ proposer sŚall submŝt a statement oĨ ƋualŝĨŝcatŝons anĚ reĨerences on tŚe Ĩorm proǀŝĚeĚ ŝn Sectŝon ͘
5. Statement of Contract Disqualifications.
acŚ proposer sŚall submŝt a statement reŐarĚŝnŐ anLJ past Őoǀernment ĚŝsƋualŝĨŝcatŝons on tŚe Ĩorm proǀŝĚeĚ ŝn Sectŝon ͘
6. Proposal Withdrawal and Opening. PartLJ maLJ ǁŝtŚĚraǁ ŝts proposal͕ ǁŝtŚout preũuĚŝce prŝor to tŚe tŝme specŝĨŝeĚ Ĩor tŚe proposal openŝnŐ on tŚe PlanetŝĚs platĨorm͘ do ǁŝtŚĚraǁ a bŝĚ select ͞Place ŝĚ͟ anĚ tŚen select ͞tŝtŚĚraǁ͘͟ tŝtŚĚraǁn bŝĚs are not consŝĚereĚ submŝtteĚ anĚ are not elŝŐŝble Ĩor aǁarĚs͘
7. Submittal of One Proposal Only. Eo ŝnĚŝǀŝĚual or busŝness entŝtLJ oĨ anLJ ŬŝnĚ sŚall be alloǁeĚ to maŬe or Ĩŝle͕ or to be ŝnteresteĚ ŝn more tŚan one proposal͕ edžcept an alternatŝǀe proposal ǁŚen specŝĨŝcallLJ reƋuesteĚ͖ Śoǁeǀer͕ an ŝnĚŝǀŝĚual or busŝness entŝtLJ tŚat Śas submŝtteĚ a sub-proposal to a Proposer submŝttŝnŐ a proposal͕ or ǁŚo Śas ƋuoteĚ prŝces on materŝals to sucŚ Proposer͕ ŝs not tŚerebLJ ĚŝsƋualŝĨŝeĚ Ĩrom submŝttŝnŐ a sub-proposal or Ĩrom ƋuotŝnŐ prŝces to otŚer Proposers submŝttŝnŐ ƋualŝĨŝcatŝon proposals͘
8. Communications. ll tŝmelLJ reƋuests Ĩor ŝnĨormatŝon submŝtteĚ ŝn ǁrŝtŝnŐ to tŚe ŝtLJ ǁŝll receŝǀe a ǁrŝtten response Ĩrom tŚe ŝtLJ or otŚer representatŝǀe oĨ tŚe ED d'͘ delepŚone communŝcatŝons ǁŝtŚ ŝtLJ staĨĨ are permŝtteĚ͖ Śoǁeǀer͕ anLJ sucŚ oral communŝcatŝon sŚall not be bŝnĚŝnŐ on tŚe ŝtLJ or tŚe ED d'͘
9. Alternative Proposals. tŚen specŝĨŝcallLJ reƋuesteĚ͕ tŚe proposer maLJ submŝt an alternatŝǀe ƋualŝĨŝcatŝon proposal ;or proposalsͿ tŚat ŝt belŝeǀes ǁŝll also meet tŚe ŝtLJΖs proũect obũectŝǀes but ŝn a ĚŝĨĨerent ǁaLJ͘ /n tŚŝs case͕ tŚe proposer must proǀŝĚe an analLJsŝs oĨ tŚe aĚǀantaŐes anĚ ĚŝsaĚǀantaŐes oĨ eacŚ oĨ tŚe alternatŝǀes͕ anĚ Ěŝscuss unĚer ǁŚat cŝrcumstances tŚe ŝtLJ ǁoulĚ preĨer one alternatŝǀe to tŚe otŚer;sͿ͘ /Ĩ an alternatŝǀe proposal ŝs submŝtteĚ͕ tŚe madžŝmum lenŐtŚ oĨ tŚe proposal maLJ be edžpanĚeĚ proportŝonatelLJ bLJ tŚe number oĨ alternatŝǀes submŝtteĚ͘
CONTRACT AWARD AND EXECUTION
1. Proposal Retention and Award. dŚe ŝtLJ reserǀes tŚe rŝŐŚt to retaŝn all proposals Ĩor a perŝoĚ oĨ 6Ϭ ĚaLJs Ĩor edžamŝnatŝon anĚ comparŝson͘ dŚe ŝtLJ also reserǀes tŚe rŝŐŚt to ǁaŝǀe non-substantial irreŐularities in anLJ proposal͕ to reũect anLJ or all proposals͕ to reũect or Ěelete one part of a proposal anĚ accept tŚe otŚer͕ edžcept to tŚe edžtent tŚat proposals are ƋualifieĚ bLJ specific limitations͘ See tŚe ΗSpecial derms anĚ onĚitionsΗ in Section of tŚis ZFP for proposal eǀaluation anĚ contract aǁarĚ criteria͘ dŚe itLJ maLJ cŚoose to interǀieǁ anLJ number of ƋualifieĚ Proposers as tŚe basis for maŬinŐ a final selection͘
2. Competency and Responsibility of Proposer. dŚe itLJ anĚͬor ED d' reserǀes full Ěiscretion to Ěetermine tŚe competence anĚ responsibilitLJ͕ professionallLJ anĚͬor financiallLJ͕ of Proposers͘ Proposers ǁill proǀiĚe͕ in a timelLJ manner͕ all information tŚat tŚe itLJ Ěeems necessarLJ to maŬe sucŚ a Ěecision͘
3. Contract Requirement. dŚe Proposer to ǁŚom aǁarĚ is maĚe ;onsultantͿ sŚall edžecute a ǁritten contract ǁitŚ eacŚ participatinŐ member aŐencLJ ǁitŚin ten ;1ϬͿ calenĚar ĚaLJs folloǁinŐ contract
approǀal at eacŚ aŐencLJ͛s ouncil or oarĚ meetinŐ͘ dŚe contract sŚall be maĚe in tŚe form aĚopteĚ bLJ tŚe aŐencLJ anĚ incorporateĚ in tŚese speciĮcaƟons͘
4. Insurance Requirements. dŚe onsultant sŚall proǀiĚe proof of insurance in tŚe form͕ coǀeraŐes anĚ amounts specifieĚ in Section
of tŚese specifications ǁitŚin 1Ϭ ;tenͿ calenĚar ĚaLJs after notice of contract aǁarĚ as a preconĚition to contract edžecution͘
5. Business License & Tax. dŚe onsultant must Śaǀe a ǀaliĚ itLJ of Pismo eacŚ͕ itLJ of rroLJo 'ranĚe anĚ itLJ of 'roǀer eacŚ usiness >icense before edžecution of tŚe contract͘ ĚĚitional information reŐarĚinŐ tŚe ities͛ business license anĚ tadž proŐram maLJ be obtaineĚ from:
itLJ of rroLJo 'ranĚe
Ěministratiǀe Serǀices͕ ;8Ϭ5Ϳ 4ϳϯ-5400
Śttp:ͬͬǁǁǁ͘arroLJoŐranĚe͘orŐͬ185ͬStartinŐ-a-Business
itLJ of 'roǀer BeacŚ
Ěministratiǀe Serǀices͕ ;805Ϳ 4ϳϯ-4550
Śttps:ͬͬǁǁǁ͘Őroǀer͘orŐͬϵ0ͬBusiness-dadž-ertificates
itLJ of Pismo BeacŚ
Finance epartment͕ ;805Ϳ ϳϳϯ-4655
Śttps:ͬͬǁǁǁ͘pismobeacŚ͘orŐͬϮ46ͬBusiness->icense
6. Failure to Accept Contract. /f tŚe onsultant fails to enter into tŚe contract͕ tŚe aǁarĚ ǁill be annulleĚ anĚ an aǁarĚ maLJ be maĚe to tŚe nedžt ŚiŐŚest ranŬeĚ Proposer ǁitŚ ǁŚom a responsible compensation is neŐotiateĚ͕ ǁŚo sŚall fulfill eǀerLJ stipulation as if it ǁere tŚe partLJ to ǁŚom tŚe first aǁarĚ ǁas maĚe͘
SECTION C - PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
Submittal Forms (See Section D)
o cŬnoǁleĚŐement
o ertificate of /nsurance
o Zeferences
o Statement of Past isƋualifications
Qualifications
o
džperience of LJour firm in performinŐ similar serǀices͕ statinŐ completion Ěate anĚ contract amount͘
o Zesumes of tŚe inĚiǀiĚuals ǁŚo ǁoulĚ be assiŐneĚ to tŚis proũect͕ incluĚinŐ anLJ sub-consultants͕ ĚemonstratinŐ tŚeir edžperience ǁitŚ performinŐ similar serǀices͘ o n orŐaninjational anĚ staffinŐ cŚart sŚoǁinŐ tŚe names of all ŬeLJ personnel assiŐneĚ to tŚe proũect͕ tŚeir primarLJ area of responsibilitLJ͕ anĚ office location͘ o Statement anĚ edžplanation of anLJ instances ǁŚere LJour firm Śas been remoǀeĚ from a proũect or ĚisƋualifieĚ from proposinŐ on a proũect͘
o
džperience LJour firm Śas in preparinŐ a 'rounĚǁater Basin DanaŐement Plan͘ Work Program
o escription of LJour approacŚ to completinŐ tŚe ǁorŬ ǁŚicŚ edžpanĚs on tŚe Scope of torŬ containeĚ in Section of tŚis ZFP͘ dŚe ǁorŬ proŐram sŚall iteminje maũor tasŬs anĚ ǁorŬ proĚucts anĚ iĚentifLJ responsible staff͕ special information or stuĚies reƋuireĚ͕ anĚ special metŚoĚs or eƋuipment͘ /ncluĚe a Ěescription of proceĚures to be useĚ to coorĚinate ǁitŚ tŚe ED d' anĚ tŚe onsultant deam͘ /ncluĚe assumption of information to be proǀiĚeĚ bLJ tŚe ED d' or onsultant deam͘
o /ncluĚe anLJ otŚer information tŚat ǁoulĚ assist tŚe ED d' in maŬinŐ tŚis contract aǁarĚ Ěecision͘
Proposed Fee
o ProposeĚ fee sŚall be on a ͞dime anĚ Daterials͕ not to edžceeĚ͟ basis anĚ incluĚe an iteminjeĚ summarLJ of personnel͕ labor Śours͕ labor rates͕ anĚ edžpenses bLJ tasŬ͕ incluĚinŐ all subconsultants͘ o Proposed fee will be submitted separately than the consultant’s response and will not be opened until all other factors have been considered.
o ZeŐarĚless of tŚe proposeĚ metŚoĚ of compensation͕ anLJ ontract resultinŐ from tŚis solicitation ǁill specifLJ a madžimum͕ not-to-edžceeĚ fee amount͘
džcept in tŚe unusual situation ǁŚerein tŚe
onsultant encounters circumstances tŚat coulĚ not be reasonablLJ anticipateĚ͕ tŚe participatinŐ ED aŐencies ǁill not autŚorinje paLJment beLJonĚ tŚis amount͘ /n consiĚeration of tŚis͕ anLJ assumptions anĚͬor tŚe neeĚ for anLJ continŐencies must be clearlLJ spelleĚ out in tŚe Fee Proposal
anĚ useĚ as a basis to compute a ͞not-to-edžceeĚ͟ fiŐure for tŚe proũect͘ dŚis fiŐure sŚoulĚ be sufficient to proǀiĚe for anLJ reasonablLJ anticipateĚ circumstances tŚat maLJ be encountereĚ ĚurinŐ proũect edžecution anĚ completion͘
Proposal Length and Copies
o dŚe total proposeĚ lenŐtŚ sŚoulĚ not edžceeĚ tǁentLJ ;Ϯ0Ϳ paŐes͕ inclusiǀe of coǀer letter͕ resumes͕ sample ǁorŬ edžperience anĚ references͘ Zesume lenŐtŚs sŚoulĚ be Ŭept to a madžimum of one paŐe anĚ sŚoulĚ incluĚe onlLJ tŚose items tŚat ŚiŐŚliŐŚt tŚe eĚucation͕ edžpertise͕ bacŬŐrounĚ͕ anĚ more recent ǁorŬ edžperience relateĚ to tŚe serǀices in tŚis ZFP͘ dŚe proposal sŚoulĚ incluĚe tŚe folloǁinŐ:
o Cover Letter
x /ncluĚe tŚe name͕ aĚĚress͕ telepŚone number͕ anĚ e-mail aĚĚress of tŚe person autŚorinjeĚ to represent tŚe firm ǁitŚ respect to all notices͕ Ěiscussions͕ anĚ otŚer communication relatinŐ to tŚis ZFP͕ anĚ to anLJ neŐotiations relatinŐ to tŚe contract͘
x ProǀiĚe a statement confirminŐ abilitLJ to proǀiĚe tŚe reƋuireĚ insurance as ĚescribeĚ in tŚis ZFP͘
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals ǁill be eǀaluateĚ bLJ a reǀieǁ committee͘ dŚe ED d' maLJ select a consultant folloǁinŐ tŚe ǁritten proposal pŚase or maLJ elect to conĚuct interǀieǁs͘ 1) Written Proposal Review/Finalist Candidate Selection tritten proposals ǁill be eǀaluateĚ baseĚ on tŚe folloǁinŐ criteria:
a͘ hnĚerstanĚinŐ of tŚe ǁorŬ reƋuireĚ bLJ tŚe ED d'
b͘ YualitLJ͕ claritLJ anĚ responsiǀeness of tŚe proposal
c͘ emonstrateĚ competence anĚ professional Ƌualifications necessarLJ for successfullLJ performinŐ tŚe ǁorŬ reƋuireĚ bLJ tŚe ED d'
Ě͘ Zecent edžperience in successfullLJ performinŐ similar serǀices e͘
džperience of tŚe firm ĚealinŐ ǁitŚ aĚũuĚicateĚ ŐrounĚǁater basins f͘ ProposeĚ approacŚ in completinŐ tŚe ǁorŬ
Ő͘ Zeferences
Ś͘ BacŬŐrounĚ anĚ edžperience of tŚe specific inĚiǀiĚuals to be assiŐneĚ to tŚis proũect i͘ ProposeĚ fee
2) Oral Presentations/Interviews and Consultant Selection dŚe ED d' maLJ elect to conĚuct interǀieǁs ǁitŚ a Őroup of finalist canĚiĚates ;ŐenerallLJ tŚe top Ϯ-ϯ proposersͿ͕ in ǁŚicŚ case finalist canĚiĚates ǁill maŬe an oral presentation to tŚe reǀieǁ committee anĚ ansǁer Ƌuestions about tŚeir proposal͘ dŚe purpose of tŚe interǀieǁs ǁoulĚ be to clarifLJ anĚ resolǀe anLJ outstanĚinŐ Ƌuestions or issues about tŚe proposal͕ anĚ to eǀaluate tŚe proposer͛s abilitLJ to clearlLJ anĚ conciselLJ present information orallLJ anĚ in person͘ fter eǀaluatinŐ tŚe proposals anĚ ĚiscussinŐ tŚem furtŚer ǁitŚ tŚe finalists or tŚe tentatiǀelLJ selecteĚ onsultant͕ tŚe ED d' reserǀes tŚe riŐŚt to furtŚer neŐotiate tŚe proposeĚ scope anĚͬor metŚoĚ anĚ amount of compensation͘
ontract aǁarĚ ǁill be baseĚ on a combination of factors tŚat represent tŚe best oǀerall ǀalue for completinŐ tŚe scope as ĚetermineĚ bLJ tŚe itLJ͕ incluĚinŐ: tŚe ǁritten proposal criteria ĚescribeĚ aboǀe͖ results of bacŬŐrounĚ anĚ reference cŚecŬs͖ results from tŚe interǀieǁs anĚ presentations pŚase ;if conĚucteĚͿ͖ anĚ proposeĚ compensation͘
3) Proposal Review and Consultant Selection Schedule
dŚe folloǁinŐ is an outline of tŚe anticipateĚ scŚeĚule for proposal reǀieǁ anĚ consultant selection:
/ssue ZFP :une 4͕ Ϯ0Ϯ6
Proposals ue by 2:00 P.M͘ :une Ϯ5͕ Ϯ0Ϯ6
omplete proposal eǀaluation June Ϯ6-JulLJ Ϯ͕ Ϯ0Ϯ6
onĚuct finalist interǀieǁs ;if reƋuireĚͿ JulLJ 6-10͕ Ϯ0Ϯ6 Finalinje staff recommenĚation JulLJ 1ϯ-1ϳ͕ Ϯ0Ϯ6
ontract approǀal at eacŚ aŐencies ouncil DeetinŐs uŐust 4͕ Ϯ0Ϯ6
džecute contractͬStart ǁorŬ uŐust 10͕ Ϯ0Ϯ6
SECTION D - PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
dŚe unĚersiŐneĚ Ěeclares tŚat sŚe or Śe:
,as carefullLJ edžamineĚ tŚe Proposal Specification
/s tŚorouŐŚlLJ familiar ǁitŚ its content
/s autŚorinjeĚ to represent tŚe proposinŐ firm͖ anĚ
Őrees to perform tŚe ǁorŬ as set fortŚ in tŚe specification anĚ tŚis proposal͘ Firm Eame anĚ ĚĚress:
ontact Eame:
mail: Fadž: PŚone:
SiŐnature of utŚorinjeĚ Zepresentatiǀe: ate:
INSURANCE CERTIFICATE
/nsurance ompanLJ͛s ͘D͘ Best ZatinŐ
ertificate of insurance attacŚeĚ
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
dŚe onsultant sŚall state ǁŚetŚer it or anLJ of its officers or emploLJees ǁŚo Śaǀe a proprietarLJ interest in it͕ Śas eǀer been ĚisƋualifieĚ͕ remoǀeĚ͕ or otŚerǁise preǀenteĚ from proposinŐ on or completinŐ a feĚeral͕ state͕ or local Őoǀernment proũect because of tŚe ǀiolation of laǁ͕ a safetLJ reŐulation͕ or for anLJ otŚer reason͕ incluĚinŐ but not limiteĚ to financial Ěifficulties͕ proũect ĚelaLJs͕ or Ěisputes reŐarĚinŐ ǁorŬ or proĚuct ƋualitLJ͕ anĚ if so to edžplain tŚe circumstances͘ o LJou Śaǀe anLJ ĚisƋualification as ĚescribeĚ in tŚe aboǀe paraŐrapŚ to Ěeclare͍
Yes Eo
/f LJes͕ edžplain tŚe circumstances͘
džecuteĚ on ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺat ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ unĚer penaltLJ of perũurLJ of tŚe laǁs of tŚe State of alifornia͕ tŚat tŚe foreŐoinŐ is true anĚ correct͘ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
SiŐnature of utŚorinjeĚ onsultant Zepresentatiǀe
REFERENCES
Eumber of LJears enŐaŐeĚ in proǀiĚinŐ tŚe serǀices incluĚeĚ ǁitŚin tŚe scope of tŚe specifications unĚer tŚe present business name: ͺͺͺͺͺͺͺͺͺ
escribe fullLJ tŚe last tŚree contracts performeĚ bLJ LJour firm tŚat Ěemonstrate LJour abilitLJ to proǀiĚe tŚe serǀices incluĚeĚ ǁitŚ tŚe scope of tŚe specifications͘ ttacŚ aĚĚitional paŐes if reƋuireĚ͘ dŚe itLJ reserǀes tŚe riŐŚt to contact eacŚ of tŚe references listeĚ for aĚĚitional information reŐarĚinŐ LJour firmΖs Ƌualifications͘
Reference No. 1
ustomer Eame
ontact /nĚiǀiĚual
delepŚone Θ
mail
Street ĚĚress
itLJ͕ State͕ ip oĚe
ate of Serǀices
ontract mount
escription of Serǀices
Proũect Kutcome
Reference No. 2
ustomer Eame
ontact /nĚiǀiĚual
delepŚone Θ
mail
Street ĚĚress
itLJ͕ State͕ ip oĚe
ate of Serǀices
ontract mount
escription of Serǀices
Proũect Kutcome
Reference No. 3
ustomer Eame
ontact /nĚiǀiĚual
delepŚone Θ
mail
Street ĚĚress
itLJ͕ State͕ ip oĚe
ate of Serǀices
ontract mount
escription of Serǀices
Proũect Kutcome
SECTION E - INSURANCE REQUIREMENTS: CONSULTANT SERVICES
acŚ aŐencLJ ǁill reƋuire tŚe successful biĚĚer to proǀiĚe insurance ǁŚicŚ meets certain proǀisions͕ ǁŚicŚ ǁill become contractual obliŐations͘ dŚe onsultant sŚall not perform anLJ ǁorŬ unĚer tŚe ontract until it Śas obtaineĚ insurance complLJinŐ ǁitŚ tŚe proǀisions of tŚis section͕ ĚeliǀereĚ a copLJ of eacŚ insurance policLJ to eacŚ aŐencLJ of tŚe ED͕ anĚ obtaineĚ eacŚ aŐencLJ of tŚe ED approǀal of all sucŚ policies͘ SaiĚ policies sŚall be issueĚ bLJ companies autŚorinjeĚ to Ěo business in alifornia͘ onsultant sŚall maintain saiĚ insurance in force at all Ɵmes͘ dŚe folloǁinŐ tLJpes of coǀeraŐe ǁitŚ tŚe ĚescribeĚ features sŚall be proǀiĚeĚ:
A. Professional Liability Insurance.
onsultant sŚall maintain professional liabilitLJ Ηerrors anĚ omissionsΗ insurance ǁitŚ limits of liabilitLJ of not less tŚan Ψ1͕000͕000 per occurrence to coǀer all serǀices renĚereĚ bLJ ontractor pursuant to tŚis contract͘
B. Comprehensive Liability Insurance and Automobile Insurance. KESh>dEd sŚall maintain compreŚensiǀe Őeneral anĚ automobile liabilitLJ insurance͕ ǁŚicŚ sŚall coǀer claims arisinŐ from boĚilLJ anĚ personal inũurLJ͕ incluĚinŐ ĚeatŚ resultinŐ from sucŚ actions͕ anĚ ĚamaŐe to propertLJ͕ resultinŐ from anLJ act or occurrence arisinŐ out of onsultant͛s operations in tŚe performance of tŚe contract͕ incluĚinŐ͕ ǁitŚout limitation͕ acts inǀolǀinŐ automobiles͘ dŚe policies sŚall proǀiĚe not less tŚan Ψ1͕000͕000 sinŐle limit coǀeraŐe applLJinŐ to boĚilLJ anĚ personal inũurLJ͕ incluĚinŐ ĚeatŚ resultinŐ from resultinŐ from sucŚ actions͕ anĚ propertLJ ĚamaŐe͘ dŚe folloǁinŐ enĚorsements must be attacŚeĚ to tŚe policLJ:
1͘ /f tŚe policLJ coǀers on an ΗacciĚentΗ basis͕ it must be cŚanŐeĚ to an ΗoccurrenceΗ basis͘ Ϯ͘ dŚe ompreŚensiǀe >iabilitLJ /nsurance policLJ must coǀer personal inũurLJ as ǁell as boĚilLJ inũurLJ͘ ϯ͘ dŚe ompreŚensiǀe >iabilitLJ /nsurance policLJ must Śaǀe blanŬet coǀeraŐe of contractuallLJ assumeĚ liabilitLJ͕ subũect to tŚe limitations of tŚe policLJ͘ 4͘ dŚe policLJ must Śaǀe a Ηross >iabilitLJΗ ;ΗSeǀerabilitLJ of /nterestsΗͿ enĚorsement sucŚ tŚat eacŚ insureĚ is coǀereĚ as if separate policies ŚaĚ been issueĚ to eacŚ insureĚ͘ 5͘
acŚ aŐencLJ of tŚe ED anĚ tŚe State of alifornia͕ tŚeir officers͕ emploLJees anĚ aŐents sŚall be nameĚ as aĚĚitional insurers unĚer tŚe ompreŚensiǀe >iabilitLJ /nsurance policLJ͕ anĚ tŚe policLJ sŚall proǀiĚe tŚat tŚe insurance ǁill operate as primarLJ insurance anĚ tŚat no otŚer insurance affecteĚ bLJ tŚe ountLJ ǁill be calleĚ upon to contribute to a loss ŚereunĚer͘ C. Workers' Compensation Coverage.
/n accorĚance ǁitŚ tŚe proǀisions of ϯϳ00 et seƋ͕͘ of tŚe >abor oĚe͕ onsultant is reƋuireĚ to be insureĚ aŐainst liabilitLJ for ǁorŬers compensation or to unĚertaŬe self-insurance͘ onsultant aŐrees to complLJ ǁitŚ sucŚ proǀisions before commencinŐ performance of tŚe ǁorŬ coǀereĚ bLJ tŚis ontract͘
D. Certification of Coverage.
Prior to commencinŐ ǁorŬ unĚer tŚe contract͕ onsultant sŚall furnisŚ tŚe eacŚ aŐencLJ of tŚe ED ǁitŚ tŚe folloǁinŐ for eacŚ insurance policLJ reƋuireĚ to be maintaineĚ bLJ tŚis contract:
1͘ copLJ of tŚe entire policLJ anĚ not ũust tŚe Ηface sŚeetΗ or proof of coǀeraŐe ;edžcept tŚat no copLJ of onsultant͛s ǁorŬersΖ compensation policLJ neeĚ be proǀiĚeĚͿ͘ Ϯ͘ certificate of insurance incluĚinŐ certification tŚat tŚe policLJ ǁill not be canceleĚ or reĚuceĚ in coǀeraŐe or cŚanŐeĚ in anLJ otŚer material aspect ǁitŚout tŚirtLJ ;ϯ0Ϳ ĚaLJs prior ǁritten notice to tŚe itLJ of Pismo BeacŚ͘
E. Effect of Failure or Refusal.
/f KESh>dEd fails or refuses to procure or maintain tŚe insurance reƋuireĚ bLJ tŚis contract͕ or fails or refuses to tŚe ED ǁitŚ tŚe certifications reƋuireĚ bLJ subparaŐrapŚ ;B4Ϳ aboǀe͕ tŚe ED sŚall Śaǀe tŚe riŐŚt͕ at its option͕ to fortŚǁitŚ terminate tŚe contract for cause͘
SECTION F - FORM OF AGREEMENT
CITY OF PISMO BEACH
VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Name of Vendor (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
RECITALS:
CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:
Summary description of services to be provided.
VENDOR represents and warrants that it is qualified to perform those services.
AGREEMENT:
I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.
VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work.
Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.
II. TERM
Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through Month XX, 202X . Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.
III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of write out dollar amount dollars ($00,000.00 ), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee
may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.
B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.
IV. TERMINATION OF AGREEMENT
A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.
V. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
VI. RETENTION OF FUNDS
VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.
VII. CITY REPRESENTATIVE
The Title of City staff member is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.
VIII. VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.
IX. INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
X. BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.
XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.
XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.
B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.
VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.
C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.
XIII. 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), VENDOR shall indemnify, defend, and hold harmless 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 VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their 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), VENDOR 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 VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole
negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” 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) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, 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 VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY.
Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse 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 VENDOR under this paragraph exceed VENDOR’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, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.
XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.
Any endorsement restricting standard ISO “insured contract” language will not be accepted.
2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.
4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.
B. Other provisions or requirements:
1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.
2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.
3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. CITY’s rights of enforcement. In the event 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 VENDOR or CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers 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 Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.
6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non-compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.
8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.
10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach."
CITY need not be named as an additional insured on professional liability insurance policies.
11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.
12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, subcontractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.
14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.
15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.
XVI. SUBCONTRACTORS
Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:
A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;
B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and
C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.
XVII. CONFLICT OF INTEREST
No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
XVIII. NOTICE
All notices, requests, demands, or other communications under this AGREEMENT will be in writing. Notice will be sufficiently given for all purposes as follows:
A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.
B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.
D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.
E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.
Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.
XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties. The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.
XX. INTERPRETATION
The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.
XXI. SEVERABILITY
If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.
XXII. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
XXIII. GOVERNING LAW; JURISDICTION
This AGREEMENT will be administered and interpreted under the laws of the State of California. Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.
XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.
XXV. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act.
Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.
XXVI. ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVII. EXHIBITS
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference. In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR;
C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.
XXIX. INTEGRATION; AMENDMENT
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
CITY:
City of Pismo Beach, a Municipal
Corporation
Signed:
Name: DH Name
Title: Title
Dated:
________________________________
Signed:
Name: Jorge E. Garcia
Title: City Manager
Dated:
________________________________
Address for giving notice (See Section
XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: Dean J. Pucci
Title: City Attorney
VENDOR:
Vendor Name
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):
Name/Title: ____________________________
Attachments:
Exhibit A: Scope of Work
Exhibit B: Compensation Schedule
EXHIBIT A
SCOPE OF WORK
EXHIBIT B
COMPENSATION SCHEDULE
EXHIBIT C
CIT Y’S RE QUEST FOR PROPOS AL
EXHIBIT D
CONSULT ANT ’S PROPOS AL
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 [***INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E., CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.***], with its principal place of business at [***INSERT ADDRESS***] ("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 [***INSERT TYPE***] 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 [***INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE***] 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 [***INSERT TYPE***] 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 [***INSERT DATE***] to [***INSERT DATE***], unless earlier terminated as provided herein. [***INSERT THE
FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] 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 not exceed [***INSERT AMOUNT WRITTEN OUT] ($[***INSERT NUMBER]) 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 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:
[***INSERT NAME AND TITLE***].
3.3.5 City's Representative. The City hereby designates [***INSERT NAME AND TITLE***], 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 [***INSERT NAME AND TITLE***], 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.
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 subsubconsultants 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.
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 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): [***INCLUDE ONLY IF APPLICABLE; DELETE OTHERWISE***]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.
(C) Professional Liability (Errors & Omissions): [***INCLUDE ONLY IF APPLICABLE; DELETE OTHERWISE***](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