San Luis Obispo City Council
July 11, 2023

City Council
AGENDA

Tuesday, July 11, 2023, 5:30 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
HYBRID MEETING PARTICIPATION INSTRUCTIONS:

Council Meetings are held in a hybrid format, which means participation is allowed both in-person and virtually through teleconference. Below are instructions to participate via Zoom or by telephone. For a complete list of ways to view/participate in meetings, review the Participation Guide. Contact the City Clerk's Office with questions by emailing [email protected] or call (805) 781-7114.

Participate on Zoom – Click this link https://slocity-org.zoom.us/j/89354018158 on any computer or mobile device. Press the “raise your hand” button when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak. Comments are limited to 3-minutes.
•
Participate via Telephone – Call 1-669-444-9171 and enter the Meeting’s ID 893 5401 8158 to join by telephone audio only. Press star nine (*9) to “raise your hand” when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak. Comments are limited to 3-minutes. •
Pages

1. CLOSED SESSION: STARTS AT 5:00 PM

1.a CALL TO ORDER
Mayor Erica A. Stewart will call the Closed Session Meeting of the San Luis Obispo City Council to order in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.

1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public comment will only be accepted for Closed Session items.

1.c CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code §54956.8
Property:

APN 001-042-024; 001-042-025
Agency Negotiators:

Derek Johnson, J. Christine Dietrick, Jennifer Rice, Matt Horn, Luke Schwartz, Brian Nelson
Negotiating Parties:

Universal Management LLC
Under Negotiation:

Price and terms of payment
Property:

APN 001-043-027
Agency Negotiators:

Derek Johnson, J. Christine Dietrick, Jennifer Rice, Matt Horn, Luke Schwartz, Brian Nelson
Negotiating Parties:

Kirit C. Patel Trust
Under Negotiation:

Price and terms of payment

1.d CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: No. of potential cases: One.

1.e ADJOURNMENT
The City Council will hold a rescheduled Regular Meeting on July 11, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

2. CALL TO ORDER
Mayor Erica A. Stewart will call the rescheduled Regular Meeting of the San Luis Obispo City Council to order.

3. PLEDGE OF ALLEGIANCE
Council Member Michelle Shoresman will lead the Council in the Pledge of Allegiance.

4. PRESENTATIONS

4.a INTRODUCTION - MOBILITY SERVICES DEPUTY DIRECTOR AND

MOBILITY SERVICES BUSINESS MANAGER
Public Works Director Matt Horn will introduce Jennifer Rice, the new Mobility Services Deputy Director, and Alexander Fuchs, the new Mobility Services Business Manager.

4.b RECOGNITION OF ASSISTANT CITY MANAGER SHELLY

STANWYCK'S RETIREMENT
City Manager Derek Johnson will present a proclamation recognizing the retirement of Shelly Stanwyck, Assistant City Manager.

4.c CITY MANAGER REPORT
Receive a brief report from City Manager Derek Johnson.

5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Not to exceed 15 minutes. The Council welcomes your input. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.

6. CONSENT AGENDA
Not to exceed 15 minutes. Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit.

Recommendation:

To approve Consent Calendar Items 6a to 6h.

6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND

ORDINANCES
Recommendation:

Waive reading of all resolutions and ordinances as appropriate.

6.b MINUTES REVIEW - JUNE 20, 2023 COUNCIL MINUTES 11
Recommendation:

Approve the minutes of the City Council meeting held on June 20, 2023.

6.c SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO
POLICE STAFF OFFICERS’ ASSOCIATION
19 Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting and ratifying the Memorandum of Understanding between the City of San Luis Obispo and the San Luis Obispo Police Staff Officers Association for the period of July 1, 2023 to June 30, 2027”; and

1. Adopt a Regular and Supplemental Salary Schedule effective July 6, 2023, as required by California Public Employees Retirement System (CalPERS).

2. 6.d AUTHORIZE THE FIRE DEPARTMENT TO PURCHASE SELFCONTAINED BREATHING APPARATUS 103
Recommendation:

Approve the purchase of Self-Contained Breathing Apparatus in the amount of $463,557.75 from Bauer Compressors, Inc.; and

1. Authorize the Finance Director to execute and issue a Purchase Order upon approval.

2. 6.e APPROVE A COMMUNITY PARTNERSHIP AGREEMENT BETWEEN

THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO

MUSEUM OF ART
171
Recommendation:

Authorize the Mayor to execute a two-year Community Partnership Agreement with the San Luis Obispo Museum of Art for installation of several public art projects each year.

6.f AUTHORIZATION TO INCREASE APPROPRIATION FOR BATTERY

ELECTRIC BUSES
215
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the appropriation of additional undesignated Transit Fund balance for battery electric buses.”

6.g ADOPTION OF FY 2023-24 COMMUNITY PROMOTION PROGRAMS

FOR TOURISM BUSINESS IMPROVEMENT DISTRICT AND

PROMOTIONAL COORDINATING COMMITTEE
225
Recommendation:

As recommended by the Tourism Business Improvement District (TBID) Board and the Promotional Coordinating Committee (PCC):

Authorize the City Manager to enter into program expenditures and various contracts for the TBID not to exceed the FY 2023- 24 revenue of $1,852,700 (excludes staffing costs), based on the recommendations by the TBID Board and the adopted TBID Fund revenue projections as part of the 2023-25 Financial Plan; including

1. Approval of the funding of year two of the contract
extension with Noble Studios for marketing services in the amount of $1,000,000; and
a.

Funding of the final year extension of the contract with Badger Branding for content marketing services in the
amount of $87,800; and
b.

Authorize the City Manager to make expenditures utilizing the TBID Fund’s available un-assigned fund balance during FY 2023-24 based on the most recent audited financials and at the recommendations by the TBID Board; and

2. Authorize the City Manager to use the TBID Fund Reserve of $100,000 for tourism marketing expenditures in FY 2023-24 in accordance with the TBID reserve policy; and

3. Authorize the City Manager to enter into various contracts and program expenditures for Community Promotions not to exceed the FY 2023-24 program budget of $367,000 (excludes staffing costs) based on the recommendations by the PCC.

4. 6.h ADVISORY BODY APPOINTMENT TO THE MASS

TRANSPORTATION COMMITTEE
331
Recommendation:

Confirm the appointment of Ryan Meller to the Mass Transportation Committee (MTC).

7. PUBLIC HEARING AND BUSINESS ITEMS

7.a REGIONAL HOUSING AND INFRASTRUCTURE PLAN (Estimated Time: 30 minutes)
335
Recommendation:

It is recommended that the City Council provide support and receive and file Regional Housing and Infrastructure Plan (HIP) as an ongoing commitment to be engaged in the 2020 San Luis Obispo Countywide Regional Compact previously referenced as part of the City’s General Plan 6th Cycle Housing Element.

7.b SUPPLEMENTAL LAW ENFORCEMENT SERVICES
CONTRACT (Estimated Time: 30 minutes)
441
Recommendation:

Authorize the Chief of Police and the City Manager to enter into an agreement with private entities, non-profit organizations, and private schools to provide supplemental law enforcement services on an occasional or ongoing basis; and

1. Approve a Draft Resolution titled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing contracts to provide Supplemental Law Enforcement Services.”

2. 8. STUDY SESSION

8.a COUNCIL CONSIDERATION OF DEFERRED FORMATION OF NEW
PREFERENTIAL PARKING PERMIT DISTRICTS (Estimated Time: 45 minutes)
459
Recommendation:

Receive a presentation on the status of the Preferential Parking Permit District Program including issues facing the City’s Parking Services Program; and either:

Defer the establishment of new parking districts until Council provides direction on policy and program elements that were identified by the Access and Parking Management Plan. This action would require Council to adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, temporarily deferring new Preferential Parking Permit Districts; or

1. Direct Staff to conduct outreach and return with a
recommendation after outreach on next steps; or

2. Provide direction to staff to continue the Preferential Parking Permit District program under current adopted policies.

3. 9. LIAISON REPORTS AND COMMUNICATIONS
Not to exceed 15 minutes. Council Members report on conferences or other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)

10. ADJOURNMENT
The next Regular Meeting of the City Council will be held on July 18, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

LISTENING ASSISTIVE DEVICES for the hearing impaired - see the Clerk.

The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.

City Council meetings are televised live on Charter Channel 20 and the City's YouTube Chanel: http://youtube.slo.city. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website
https://www.slocity.org/government/mayor-and-city-council/agendas-andminutes. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7114.

1 Council Minutes
June 20, 2023, 5:30 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
Council Members

Present:

Council Member Emily Francis, Council Member Andy Pease, Council Member Michelle Shoresman, Vice Mayor Jan Marx, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on June 20, 2023 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart.

2. PLEDGE OF ALLEGIANCE
Vice Mayor Marx led the Council in the Pledge of Allegiance.

3. PRESENTATIONS

3.a JUNETEENTH PROCLAMATION
Mayor Stewart presented a proclamation declaring the third Saturday in June as "Juneteenth Day" to Dr. Lachelle Hannickel on behalf of the NAACP San Luis Obispo County Branch.

3.b INTRODUCTIONS - COMMUNITY SERVICE OFFICERS AND SENIOR

OFFICERS WITH THE POLICE DEPARTMENT
Police Chief Rick Scott introduced the following new staff members:
 Nikki Henderson, Community Service Officer
 Samantha Corsaw, Community Service Officer
 Sara Kauth, Community Service Officer

3.c RECOGNITION OF COMMUNITY DEVELOPMENT DIRECTOR

MICHAEL CODRON'S RETIREMENT
City Manager Derek Johnson presented a proclamation recognizing the retirement of Michael Codron, City of San Luis Obispo Community Development Director.

2 3.d INTRODUCTION & OATH OF OFFICE - TIMMI TWAY, COMMUNITY

DEVELOPMENT DIRECTOR
City Manager Derek Johnson introduced Timothea ‘Timmi’ Tway, the new Community Development Director. City Clerk Teresa Purrington administered CDD Director Tway's Oath of Office.

3.e CITY MANAGER REPORT
City Manager Derek Johnson provided a report on upcoming projects.

4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comment:

Michael Burke
Barry Price
Geraldine Clemens
--End of Public Comment--

5. CONSENT AGENDA
Motion By Council Member Shoresman
Second By Council Member Pease
To approve Consent Calendar Items 5a - 5e and 5g - 5l.

Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart
CARRIED (5 to 0)

5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate.

5.b MINUTES REVIEW - JUNE 6, 2023 COUNCIL MINUTES
Approve the minutes of the City Council meeting held on June 6, 2023.

5.c AUTHORIZE COLLECTION OF DELINQUENT SOLID WASTE

COLLECTION AND DISPOSAL ACCOUNTS
Adopt Resolution No. 11430 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Assessor to assess amounts due on delinquent Solid Waste Collection and Disposal Accounts as liens against the properties.”

3 5.d DOWNTOWN SLO AGREEMENT 2023-25
Authorize the City Manager to finalize and approve the two-year agreement with Downtown SLO and other agreements as needed to execute the Downtown related initiatives in the 2023-25 Financial Plan.

5.e COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE CITY OF

SAN LUIS OBISPO AND THE SENIOR CENTER EXECUTIVE BOARD
Authorize the City Manager to execute an updated five-year community partnership agreement with the Senior Center Executive Board for continued use and operation of the Senior Center facility, located at 1445 Santa Rosa Street.

5.g AUTHORIZATION TO ADVERTISE CORPORATION YARD FUEL ISLAND AND WASH STATION REHABILITATION, SPECIFICATION NO. 2000075-

9.01 1. Approve the Project Plans and Special Provision for the Corporation Yard Fuel Island and Wash Station Rehabilitation, Specification Number 2000075-9.01; and

2. Authorize staff to advertise for bids; and

3. Authorize the City Manager to award the construction contract for the bid total if the lowest responsible bid is within the Publicly Disclosed Funding limit of $700,000; and

4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and

5. Authorize an appropriation of $300,000 from the Capital Projects Reserve Fund to the project account (2000075-9.01); and

6. Authorize the Finance Director to return unspent Capital Reserve funding to the Capital Projects Reserve Fund balance after project completion; and

7. Authorize the Financial Director, upon completion of the project, to transfer the proportional project cost from the appropriate Enterprise Funds to the General Fund to support the project; and

8. Adopt Resolution No. 11431 (2023 Series) entitled, “A Resolution of City Council of the City of San Luis Obispo, California, authorizing use of Capital Projects Reserve fund to support the Corporation Yard Fuel Island and Wash Station Rehabilitation, Specification Number 2000075-9.01.”

4 5.h AUTHORIZATION TO ADVERTISE THE MISSION PLAZA CONCEPT PLAN PHASE 1 INCLUDING MISSION PLAZA RESTROOM, CAFÉ

KIOSK, ART KIOSK, AND PARK LIGHTING REPLACEMENT PROJECT, SPECIFICATION NO. 91439-01

1. Approve the project plans and specifications for the Mission Plaza Restroom and Kiosk project, Specification No. 91439-01; and

2. Authorize staff to advertise bids; and

3. Authorize the City Manager to award the Construction Contract for the bid total if the lowest responsible bid is within the Publicly Disclosed Funding Limit of $2,400,000; and

4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and

5. Authorize staff to procure a temporary restroom trailer for the duration of the project within the available project budget; and

6. Approve the sole source of Steven Handelman Studios Light Fixtures including exterior wall fixtures and pedestrian park pole light fixtures for all Mission Plaza; and

7. Authorize the advertisement of a Request for Proposal (RFP) for a lease tenant for the Café Kiosk in a form approved by the City Attorney; and

8. Authorize the City Manager to execute the agreement with the preferred tenant.

5.i 2023 UPDATE TO THE SLO CLIMATE COALITION MEMORANDUM OF

UNDERSTANDING
Approve the updated Memorandum of Understanding between the City of San Luis Obispo and the SLO Climate Coalition.

5.j PROHOUSING DESIGNATION PROGRAM APPLICATION
Adopt Resolution 11432 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing application to and participation in the Prohousing Designation Program” authorizing the City Manager to:

1. Submit a Prohousing Designation Program application to the California Department of Housing and Community Development (HCD); and if the application is approved by HCD,

2. Execute all documents deemed necessary or appropriate to participate in the Prohousing Designation Program.

5 5.k AUTHORIZATION TO ADVERTISE RUTH AND IRIS STREETS’ CULVERT REPLACEMENT, SPECIFICATION NUMBER 2090742-01

1. Approve the project plans and specifications for Ruth and Iris Streets’ Culvert Replacement, Specification Number 2090742-01; and

2. Authorize staff to advertise for bids; and

3. Authorize the City Manager to award the construction contract for the lowest responsible bid if within the Engineer’s Estimate of $275,000; and

4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget.

5.l AUTHORIZATION TO APPLY FOR THE CALIFORNIA FIRE
FOUNDATION 2023 STATEWIDE CLIMATE-RELATED WILDFIRE &

DISASTER PREVENTION AND PREPAREDNESS GRANT

1. Authorize the Fire Department to apply to the California Fire Foundation 2023 state-wide climate-related wildfire & disaster prevention and preparedness grant in an amount up to $25,000 and sign a required City Council Authorization Letter; and

2. Authorize the City Manager, or their designee, to execute the grant documents and approve the budget changes necessary to
appropriate the grant amount upon notification that the grant has been awarded.

5.f CONSIDERATION OF THE 2022-2023 DEI SLO BUSINESS GRANT

FUNDING RECOMMENDATIONS
Council Member Pease declared a conflict on this item and recused due to her working relationship with one of the grant recipients.

Motion By Vice Mayor Marx
Second By Mayor Stewart

1. As recommended by the Human Relations Commission, approve the 2022-2023 DEI SLO Business Grant funding allocations in the amount of $150,000; and

2. Authorize the City Manager to execute agreements with each grant recipient.

Ayes (4): Council Member Francis, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart
Recused (1): Council Member Pease
CARRIED (4 to 0)

6 6. PUBLIC HEARING AND BUSINESS ITEMS

6.a FIRE DEPARTMENT 2022 ANNUAL REPORT (Estimated Time: 45 minutes) Fire Chief Todd Tuggle and Administrative Analyst Nicole Vert provided an in-depth staff report and responded to Council questions.

Public Comments:

None
---End of Public Comment---
ACTION: Receive and file the Fire Department's 2022 Annual Report.

6.b POLICE DEPARTMENT 2022 CRIME COMPARISON AND MILITARY EQUIPMENT USE ANNUAL UPDATE (Estimated Time: 60 minutes) Police Chief Rick Scott, Operations Captain Fred Mickel, and Administrative Captain Brian Amoroso provided an in-depth staff report and responded to Council questions.

Public Comments:

None
---End of Public Comment---
ACTION: Receive and file the 2022 Police Department Crime Report and Military Equipment Use Annual Report.

6.c ADOPTION OF THE BROADBAND PLAN (Estimated Time: 45 minutes) Deputy City Manager Greg Hermann, and Network Services Supervisor Josh Erquiaga provided an in-depth staff report and responded to Council questions.

Public Comments:

None
---End of Public Comment---

7 Motion By Vice Mayor Marx
Second By Council Member Shoresman

1. Receive and adopt the Broadband Plan; and

2. Authorize staff to apply for any current and future grant opportunities that become available to support Broadband Plan implementation; and

3. Amend the Fiscal Year 2023-2024 Capital Improvement Project List to include a project titled “Broadband Plan Implementation” (Project No. 2001063) utilizing funds (SLFRF/ARPA) previously allocated by Council for the Broadband Study; and

4. Authorize staff to advertise a Request for Proposals for the “Broadband Plan Implementation” project in a form approved by the City Engineer and City Attorney, with a scope of design and engineering for implementation of Phase 1 and Phase 1B of the conceptual network design; and

5. Authorize the City Manager to award the design and engineering contract if within the project budget.

Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart
CARRIED (5 to 0)

7. LIAISON REPORTS AND COMMUNICATIONS
Vice Mayor Marx announced that there was a 3CE Policy Board Meeting Wednesday, June 21st at 2:00 PM. She also indicated that she attended the IWMA meeting on June 14th where they appointed a subcommittee to work with SLO County on rejoining IWMA.

Council Member Shoresman attended the Climate Coalition on June 16th. She also participated in the Juneteenth celebration at Mission Plaza on June 17th.

She will be attending the League of California Cities Advocacy Committee Meeting in Pomona, CA on Friday, June 23rd.

Council Member Francis attended her first Friends of 40 Prado meeting, the CAPSLO Board Meeting, and Cal Poly commencement.

Mayor Stewart attended the Black Commencement Ceremony at Cal Poly on Friday, June 16th. She participated in Leadership SLO Government Day on June 9 th, and BEACON Research Symposium on June 14th
.

8 8. ADJOURNMENT
The meeting was adjourned at 10:23 p.m. The City Council will hold a rescheduled Regular Meeting on Tuesday, July 11, 2023 with Closed Session at 4:30 p.m. in the Council Hearing Room and the Regular Meeting at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. The Council will not meet on their regularly scheduled meeting day, July 4, 2023, due to the Independence Day holiday.

APPROVED BY COUNCIL: XX/XX/2023

Item 6c
Department: Human Resources
Cost Center: 2007
For Agenda of: 7/11/2023
Placement: Consent
Estimated Time: N/A
FROM: Nickole Domini, Human Resources Director
SUBJECT: SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE
STAFF OFFICERS’ ASSOCIATION

RECOMMENDATION

1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting and ratifying the Memorandum of Understanding between the City of San Luis Obispo and the San Luis Obispo Police Staff Officers Association for the period of July 1, 2023 to June 30, 2027”; and

2. Adopt a Regular and Supplemental Salary Schedule effective July 6, 2023, as required by California Public Employees Retirement System (CalPERS).

POLICY CONTEXT
The key components of this MOU are in alignment with Council adopted Compensation Philosophy and Labor Relations Objectives.

DISCUSSION
Background
SLOPSOA represents 17 police management employees in positions that include sworn Police Sergeants, Police Lieutenants, as well as non-sworn Police Records Supervisor and Communications Supervisors. Within this group, two classifications historically titled as Police Captain are being retitled to Deputy Police Chief, aligning with the labor market and the City’s Classification and Compensation Plan. This title change is only administrative and consistent with the level and classification of responsibility already assigned to the Police Captain position and more representative of the titles afforded to these positions in surrounding agencies. The current compensation and benefits for this group of employees is established by a MOU, spanning a four-year term from July 1, 2019 through June 30, 2023. This Agreement included modest cost of living increases, employees paying an increased retirement contribution to CalPERS, and an annual adjustment to the City’s health contribution through a cost sharing formula.

Item 6c
This Agreement was aligned with the Council-adopted Fiscal Health Response Plan,1 which was adopted by Council in 2018. One notable aspect of this alignment was that SLOPSOA agreed to participate in retirement cost-sharing due to the increased pension costs.

What sets SLOPSOA apart from the other represented bargaining groups at the City is their approach to negotiations. Rather than hiring outside representation, they rely on their own members to foster open, constructive, and honest dialogue with City representatives. This approach is rooted in mutual respect for one another’s perspectives and the City’s overall Labor Relations Objectives.

At the initial negotiation session on March 28, 2023, SLOPSOA expressed their primary interests for a successor agreement, focusing on maintaining equity with the relevant labor market. Market data revealed that a majority of classifications within SLOPSOA lagged behind the labor market by more than five (5%) percent. Additionally, the salary differential, commonly referred to as ‘compaction,’ between classifications in the San Luis Obispo Police Officers’ Association (SLOPOA) and those supervised by SLOPSOA also lagged the market. Maintaining sufficient compaction between supervisor and subordinates help to recognize and incentivize employees with strong leadership potential to step into these critical roles and contributes to the long-term success of the organization and effectively serving the community.

Over the course of three formal negotiation sessions, SLOPSOA and the City engaged in a collaborative process and interest based bargaining, resulting in an agreement that aligns with the City’s Compensation Philosophy. This agreement aims to ensure competitive compensation for employees, in an effort to attract and retain highly qualified employees. By maintaining parity with the relevant labor market and addressing compaction issues among the employees supervised by SLOPSOA staff, the agreement strives to create a fair and balanced compensation structure that fosters employee satisfaction and retention.

Recruiting and retaining Police Officers remains a formidable task across the country, given the dramatic social changes taking place. In light of these circumstances, effective police managers are of significant importance. Specific to the City’s local labor market, compensating police management staff with a competitive wage is imperative to the health and overall stability of our police department.

While, real-time federal data on police employment is generally accessible, a recent small sample survey of 184 police departments conducted this year revealed some alarming statistics. The survey found that resignations in 2021 were 43 percent higher than in 2019, while retirements saw a 24 percent increase. These numbers highlight the recognized and challenging environment surrounding recruitment and retention of experienced peace officer professionals.

1 The Fiscal Health Response Plan included operating reductions, new ways of doing business, new revenues, and employee concessions to close the projected $8.9 million budget gap. The gap resulted from increased pension costs mandated by the California Public Employees’ Retirement System (CalPERS).

Item 6c
It is worth noting that most members within the SLOPSOA bargaining unit have dedicated over 15 years of public service to the City's Police Department. This accumulated institutional knowledge is instrumental in shaping the future of policing in San Luis Obispo, particularly in the development of the Department's strategic plan. Probably the most relevant and important element is the mentoring and nurturing of new peace officer professionals that are joining the rank as the profession experiences a generational shift in staffing.

SLOPSOA has been challenged in coordinating all duties around facilitating the strategic plan thus far. More importantly, once the plan is finalized, it will again be this group’s responsibility to deliver on each of the action items in the plan and to carry out the vision of the Chief of Police and that of the community for the next five years and beyond.

SLOPSOA members will lead by example and shape the 21st century culture of the Police Department and be thought and action leaders in implementing the strategic plan that is adopted by the City Council. By retaining these experienced and committed individuals, the City can benefit from their insights, expertise, and long-term perspective, ultimately fostering a forward-thinking and community-based approach to policing.

Key Components of the Successor MOU
Key components of the recommended tentative agreement with SLOPSOA resulting in ongoing costs include:

1. Term of Agreement: A four-year agreement (July 1, 2023 to June 30, 2027).

2. Market Equity Adjustments: Raising all classifications in the SLOPSOA group to the median of the relevant labor market based on the market compensation study completed for public safety groups effective following Council adoption:

SLOPSOA Classification Market Equity Adjustment
Police Sergeant 7.00%
Police Lieutenant 15.25%
Deputy Police Chief (formerly Police Captain) 18.50%
Records Supervisor 2.00%
Communications Supervisor 8.00%

3. Cost of Living Adjustments: Provide a three (3%) percent cost-of-living adjustment (COLA) each year for the next four years so that after an agreement is reached, compensation scales maintain their competitive position with the labor market.

4. Retirement Cost-Sharing: This group agrees to continue making their current contribution of three (3%) percent towards the employers' portion of the retirement contribution, as part of the City's Fiscal Health Response Plan. The purpose of this agreement is to help reduce the City's overall retirement contribution.

Item 6c

5. Uniform Incentive: Increase the annual uniform incentive from $1,000 to $1,300 for sworn personnel, effective the first paycheck in December 2023, to be more aligned with the uniform incentive in comparison agencies. Note, pursuant to Resolution No 11316 (2022 Series) the Police Chief will also be eligible for the increase in uniform allowance as he receives the same uniform allowance as those he directly supervises.

6. Education Incentive: Increase the education incentive to the following amounts effective following Council adoption in an effort to keep pace with the education incentive afforded to the Police Officers’ Association:
a. $250 to $300 per pay period for a bachelor’s degree
b. $350 to $400 per pay period for master’s degree

7. Health Insurance: Continue with medical insurance cost-sharing for the duration of the successor agreement.

Previous Council or Advisory Body Action
Council provided direction in closed session to City negotiators.

Public Engagement
This report is on the consent agenda for July 11, 2023. The agenda and report will be posted seven days in advance of the meeting, and the public will have an opportunity to provide feedback during public comment in advance of the Council voting on the consent agenda.

CONCURRENCE
On June 14, 2023, the parties’ reached a tentative agreement, subject to Council approval. On that same day, SLOPSOA notified the City’s negotiating team that the tentative agreement was ratified by a vote of the membership.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15278.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2023-24 and ongoing
Funding Identified: Yes

Item 6c
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost2
General Fund $934,556 $934,556 $0 $934,556
State
Federal
Fees
Other:

Total $934,556 $934,556 $0 $934,556
The cumulative ongoing cost, encompassing all items in the successor MOU, amounts to approximately $935,000 by year 2026-27. It is important to note that the costing encompasses the entirety of the agreement, resulting from the negotiated changes. The annual ongoing costs, or year over year costs, as highlighted in the table below, will establish a new base cost for subsequent years and will be incorporated into the fiscal forecast.

The fiscal forecast has allocated adequate budget to cover the costs as part of the 2023- 25 financial plan. Further analysis will be conducted to identify and incorporate the ongoing increases, starting from FY 2026, into the fiscal forecast.

Total Cost 2023-24 2024-25 2025-26 2026-27
Year Over Year Cost $462,876 $152,638 $168,291 $150,751 Total Cumulative
Ongoing Cost Per Year $462,876 $615,514 $783,805 $934,556

ALTERNATIVES
Do not approve recommended changes to the resolution and MOU. Instead, direct staff to return to the bargaining table with SLOPSOA. This alternative is not recommended as the resolution and MOU are consistent with previous Council direction.

ATTACHMENTS
A - Draft Resolution adopting and ratifying the Successor MOU between the City of San Luis Obispo and the San Luis Obispo Police Staff Officers’ Association B - Exhibit A to Draft Resolution – Successor MOU with SLOPSOA – Legislative Draft C - Regular and Contract Employee Salary Schedule effective July 6, 2023 D - Supplemental Employee Salary Schedule effective July 6, 2023

2 The cost is the total cumulative ongoing cost after all items are implemented in accordance with the successor MOU.

R ______
RESOLUTION NO. _____ (2023 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN

LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO POLICE STAFF OFFICERS’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2023 TO JUNE 30, 2027
WHEREAS, the San Luis Obispo Police Staff Officers’ Association (SLOPSOA) is committed to providing high quality service to the community; and WHEREAS, the City Council is committed to providing competitive compensation to recruit and retain well qualified employees, as provided in the City’s adopted Labor Relations Objectives and Compensation Philosophy, while also considering the long-term financial sustainability of changes in compensation.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo hereby revises the San Luis Obispo Police Staff Officers’ Association compensation as follows:

SECTION 1. The Memorandum of Understanding between the City of San Luis Obispo and SLOPSOA, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby adopted and ratified.

SECTION 2. The Director of Finance shall adjust the appropriate accounts to reflect the compensation changes.

SECTION 3. The City Clerk shall file and furnish a copy of the resolution and a copy of the executed Memorandum of Understanding approved by it to Aaron Schafer, SLOPSOA President, and Nickole Domini, Director of Human Resources.

Resolution No. _____ (2023 Series) Page 2
R ______
SECTION 4. Amendments to compensation for the San Luis Obispo Police Staff Officers’ Association do not constitute a “Project” under CEQA Guidelines Sec. 15378.

Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _______________ 2023. ___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk

Exhibit “A”

Exhibit “A”
Table of Contents
ARTICLE 1 - PARTIES TO AGREEMENT ................................................................................................... 1 ARTICLE 2 - RECOGNITION ....................................................................................................................... 2 ARTICLE 3 - CHECK OFF/DUES DEDUCTION .......................................................................................... 3 ARTICLE 4 - EMPLOYEE RIGHTS .............................................................................................................. 4 ARTICLE 5 - MANAGEMENT RIGHTS ........................................................................................................ 5 ARTICLE 6 - REPRESENTATIVE ROLE ..................................................................................................... 6 ARTICLE 7 - RENEGOTIATIONS ................................................................................................................ 7 ARTICLE 8 - SALARY................................................................................................................................... 8 ARTICLE 9 - OVERTIME............................................................................................................................ 12 ARTICLE 10 - WORK OUT-OF-CLASSIFICATION AND TEMPORARY ASSIGNMENT PAY.................. 24 ARTICLE 11 - EDUCATION INCENTIVE ................................................................................................... 26 ARTICLE 12 - PAYDAY .............................................................................................................................. 28 ARTICLE 13 - GENERAL PROVISIONS.................................................................................................... 29 ARTICLE 14 - HEALTH CARE INSURANCE ............................................................................................. 30 ARTICLE 15 - RETIREMENT ..................................................................................................................... 35 ARTICLE 16 - UNIFORM ALLOWANCE .................................................................................................... 38 ARTICLE 17 – HOLIDAYS.......................................................................................................................... 39 ARTICLE 18 - VACATION LEAVE.............................................................................................................. 41 ARTICLE 19 - ADMINISTRATIVE LEAVE.................................................................................................. 44 ARTICLE 20 - SICK LEAVE........................................................................................................................ 45 ARTICLE 21 - FAMILY LEAVE ................................................................................................................... 46 ARTICLE 22 - BEREAVEMENT LEAVE..................................................................................................... 47 ARTICLE 23 - CATASTROPHIC LEAVE.................................................................................................... 48 ARTICLE 24 - WORKERS' COMPENSATION LEAVE .............................................................................. 49 ARTICLE 25 - JURY DUTY AND MILITARY LEAVES............................................................................... 50 ARTICLE 26 - GRIEVANCE PROCEDURE ............................................................................................... 51 ARTICLE 27 - DISCIPLINARY ACTION..................................................................................................... 54 ARTICLE 28 - IMPASSE PROCEDURE..................................................................................................... 55 ARTICLE 29 - SWAT OPERATOR LUCA BENEDETTI FITNESS INCENTIVE ........................................ 57 ARTICLE 30 - FULL AGREEMENT ............................................................................................................ 58 ARTICLE 31 - SAVINGS CLAUSE ............................................................................................................. 59 ARTICLE 32 - TERM OF AGREEMENT..................................................................................................... 60

Exhibit “A”
ARTICLE 33 - AUTHORIZED AGENTS ..................................................................................................... 61 ARTICLE 34 - SIGNATURES ..................................................................................................................... 62 APPENDIX A – SALARY RANGE LISTING ............................................................................................... 63

Exhibit “A”
1 ARTICLE 1 - PARTIES TO AGREEMENT
This Agreement is made and entered into this, 11th day of July 2023, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Police Staff Officers' Association, hereinafter referred to as the Association.

Exhibit “A”
2 ARTICLE 2 - RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620 (1989 Series), the City hereby recognizes the San Luis Obispo Police Staff Officers’ Association as the exclusive bargaining representative for purposes of representing regular and probationary employees occupying the position classifications of Police Sergeant, Police Lieutenant, Deputy Police Chief, Communications Supervisor, and Police Records Supervisor for the duration of this Agreement.

Exhibit “A”
3 ARTICLE 3 - CHECK OFF/DUES DEDUCTION

3.1 The City shall deduct dues from City employees and remit said dues to the Association on a semi-monthly basis for the duration of this Agreement, which dues shall not include assessments.

3.2 Monthly dues deduction, additions, and/or deletions shall be recorded by the City's Finance Director, or designee, and a notification of all due’s transactions shall be sent semi-monthly to the Association President. The Association shall refund to the City any amount paid to the Association in error, upon presentation of supporting evidence.

3.3 The Association shall hold the City harmless from any and all claims and will indemnify it against any unusual costs in implementing these provisions.

Exhibit “A”
4 ARTICLE 4 - EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to, wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights.

Exhibit “A”
5 ARTICLE 5 - MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of the job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology for performing its work.

Exhibit “A”
6 ARTICLE 6 - REPRESENTATIVE ROLE
Members of the Association may, by a reasonable method, select not more than five employee members to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by the Association) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The Association shall, whenever practicable, submit the name(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meetings. Provided further:
(1) That no employee representative shall leave his or her duty or workstation or assignment without specific approval of the Police Chief or other authorized City management officials. If employee representatives cannot be released, the date of the meeting will be rescheduled in accordance with item (2) below.
(2) That any such meeting is subject to scheduling by City management consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours.

Exhibit “A”
7 ARTICLE 7 - RENEGOTIATIONS
If at the expiration of the term of this Agreement, either party wishes to make changes to this Agreement, that party shall serve upon the other its written request to negotiate, as well as its initial proposals for an amended Agreement. Such notice and proposals must be submitted to the other party between 15 April and 1 May 2027. If notice is properly and timely given, negotiations shall commence no later than 15 May.

Exhibit “A”
8 ARTICLE 8 - SALARY

8.1 Salary Provision for the Term of Agreement
The City strives to maintain a reasonable difference in compensation between top step police staff officers’ classifications and top step of the classifications supervised. The difference between top steps of these classifications is targeted at a minimum of 15%, except between Police Sergeants and Lieutenants which will be a minimum of 20%. If during the term of this contract the differentiation goes below the target stated above, the City agrees to re-open negotiations on this topic.

The parties agree to salary increases as set forth below to be effective on the first day of the first full payroll period in the month listed below:
 July 2023 3% All Classifications
 July 2024 3% All Classifications
 July 2025 3% All Classifications
 July 2026 3% All Classifications
The salary ranges for the term of this agreement are listed in Appendix A.

8.2 Market Equity Adjustments
In addition to the above listed salary increases, the following job classifications shall receive market equity adjustments to be effective on the first full pay period of July 2023. These adjustments are based on a salary survey that was collected in 2023 and are being implemented in an effort to attract and retain well qualified employees.

Exhibit “A”
9 Job Title
Market Equity
Adjustment
Police Sergeant 7.00%
Police Lieutenant 15.25%
Deputy Police Chief 18.50%
Police Records Supervisor 2.00%
Communications Supervisor 8.00%

8.3 Rules Governing Step Increases:

The following rules shall govern step increases for employees:

1. Each salary range for Police Sergeant, Police Records Supervisor, and Communications Supervisor consists of six steps (1 through 6). Steps 1 through 5 equal 95% of the next highest step, computed to the nearest one dollar.

Step 5 = 95% of Step 6
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across-the-board percentage salary increase shall raise step 6 of the respective range by that percentage. After all step 6's of salary ranges have been established,

Exhibit “A”
10 each step 6 shall be rounded off to the nearest $1.00 (biweekly) and the remaining steps established in accordance with the above formula.

Effective the first full pay period in July 2023, the existing Step 1 of the Police Lieutenant and Deputy Police Chief will be removed, making a total of five steps (1 through 5). Steps 1 through 4 equal 95% of the next highest step, computed to the nearest one dollar.

Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across-the-board percentage salary increase shall raise step 5 of the respective range by that percentage. After all step 5's of salary ranges have been established, each step 5 shall be rounded off to the nearest $1.00 (biweekly) and the remaining steps established in accordance with the above formula.

2. The time in step progression for employees with satisfactory performance will be one year per step.

3. An employee may be advanced to the next step in the salary range upon receiving an overall rating of at least “Meets Performance Standards” on the employee's annual performance evaluation, as approved by the Police Chief and the Human Resources Director, or their designees. Following completion of the annual performance evaluation, the employee’s step increase will be

Exhibit “A”
11 effective on the first day of the pay period that includes the employee’s position anniversary date.

4. Employees who are eligible for advancement to the top two steps of the salary range must receive a "Meets Performance Standards" or better on the overall rating on their most recent performance evaluation prior to or coincident with their being eligible for advancement by time in grade.

Exhibit “A”
12 ARTICLE 9 - OVERTIME

SWORN OVERTIME - POLICE SERGEANTS ONLY

9.1 SWORN CONTRACT OVERTIME
A. Contract overtime is defined as all hours worked in excess of their regularly scheduled shifts.

B. Employees are regularly assigned to work 160 hours in the 28-day work period.

C. All paid leave hours shall be counted as hours worked for purposes calculating overtime, to include Vacation, Holiday, Sick Leave, IOD (Workers’ Compensation), and Compensatory Time Off (CTO).

D. All contract overtime shall be authorized by the Police Chief, or designee, prior to being compensated. Contract overtime shall be paid in each pay period.

E. Police Sergeants shall be eligible for overtime pay.

9.2 FLSA/STATUTORY OVERTIME
A. In accordance with section 207(k) of the Fair Labor Standards Act (FLSA), the City has declared a twenty-eight-day work period for the purpose of calculating FLSA overtime. The FLSA work period is deemed to commence at 12:01 AM on the first day of the 28-day period and end at 11:59 PM on the 28th day of the 28-day work period and the FLSA overtime threshold for the work period is 171 hours. This declaration is separate and apart from the City’s contractual overtime obligations set forth in section 9.1 above.

B. For the purpose of complying with the FLSA overtime requirements, the City has adopted a dual calculation method whereby it calculates FLSA overtime in

Exhibit “A”
13 accordance with the requirements of FLSA regular rate and more specifically, 29 CFR section 778.109 and 778.110. This requires the payment of FLSA overtime for all hours actually worked by non-exempt sworn personnel in excess of 171 in the 28-day work period. To the extent the City’s dual calculation method determines that FLSA overtime owed for the 28-day work period exceeds the amount of contract overtime paid for the same work period, the difference will be paid to the employee by way of an “FLSA Adjustment” in the following City pay period.

9.3 COMPENSATION
A. All contract overtime as defined in Section 9.1 of this Article shall be paid in cash at time and one half (1 1/2) the employee's base rate of pay, plus incentives as defined in Section 9.4, or in CTO.

B. Separate and apart from the City’s contractual obligation to pay overtime in accordance with Section 9.1 above, the City is obligated to calculate and pay, at a minimum, FLSA overtime based on the federally defined regular rate of pay which includes cash in lieu in compliance with the Flores v. City of San Gabriel decision applicable to non-exempt sworn members of the Association. This calculation will be administered with Section 9.1 above.

9.4 Compensatory Time Off (CTO)
A. An employee who earns contract overtime as defined in Section 9.1 above, may elect compensation in the form of time off (CTO). An employee may be compensated at the rate of one and one-half (1 1/2) hours for each hour of

Exhibit “A”
14 overtime worked. However, no employee shall accumulate and have current credit for more than 100 hours of CTO.

B. The Association and the City agree that CTO usage is subject to normal time off approval processes and may be denied if it would result in the need for overtime overage (except when scheduled in conjunction with approved vacation).

C. Upon separation from employment or promoting to a position that is not eligible for CTO, the employee’s accrued CTO will be paid out at the employee’s base rate of pay.

9.5 PAY INCENTIVES TO BE INCLUDED IN THE BASE RATE FOR OVERTIME UNDER SECTIONS 9.1 AND 9.2
 Education Incentive
 Holiday Pay
 Standby Pay
 Work out of Classification Pay

9.6 SHIFT ADJUSTMENT
In the matter of shift adjustments, it is agreed that the following guidelines will be followed:
 In any situation necessitating a shift adjustment, volunteers will first be sought.  Shift adjustments will not be for more than two hours.  Shift adjustments for special units or assignments are not covered by this guideline and remain the discretion of the Unit Supervisor or Bureau Commander.

Exhibit “A”
15  Whenever volunteers cannot be located, Sergeants assigned will be chosen sequentially by seniority.
 Generally, no more than two Sergeants per shift should be ordered to adjust unless a specific event necessitates it.
 At least 14 days’ notice will normally be given, but in no event will less than seven days’ notice be given, for an ordered shift adjustment.  A Sergeant authorized to shift adjust will not suffer loss of briefing pay or other normal benefit.
 Sergeants will be given at least ten hours between shifts for ordered nonemergency shift adjustments.  Shift adjustments will not be ordered to deal with court or shift continuation unless it is necessary to ensure the Sergeant has adequate rest. If court or another assignment prevents a Sergeant from getting proper rest between shifts, the Sergeant and the Watch Commander may arrange a shift adjustment to meet this need. With approval, the Sergeant could opt to use adjusted court time towards normal work hours instead of overtime, or to adjust shift start time up to four hours. In cases where the Watch Commander determines an adjustment is warranted but does not have sufficient staffing, s/he is authorized to bring in a replacement (on overtime) for up to four hours.  Shift adjustments will not be limited by day or time except as articulated above.

9.7 GUARANTEED MINIMUMS FOR RETURNING TO WORK

Exhibit “A”
16 Whenever an employee is required by the department to return to work outside of the employee's normal work hours, if a minimum applies as found in this article, then the employee has the choice of taking the minimum or taking the pay for the work actually performed.

9.8 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled shift shall be guaranteed three-hour minimum payment at time and one half.

Unanticipated emergency call-backs (criminal investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time.

9.9 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum payment at time and one-half.

B. Employees required to work through the lunch break while on court duty shall be credited with time worked.

C. Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment.

D. Employees placed on standby in anticipation of reporting for court time shall be compensated three hours straight time when on standby. Each calendar day starts a new standby period.

E. Standby is that circumstance which requires an employee assigned by the department to: 1) be ready to respond immediately to a call for service; 2) be readily available at all hours by telephone or other agreed upon communication

Exhibit “A”
17 equipment; and 3) refrain from activities which might impair his/her assigned duties upon call. The parties agree that employees on standby, as defined above, are "waiting to be engaged."

9.10 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing, and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime.

9.11 INVESTIGATOR STANDBY
When operationally necessary, Sergeants assigned to the Detective Bureau and SET can cover investigator standby and be compensated $45 per day Monday through Friday, and $65 per day for weekends and holidays. Sergeants assigned to investigator standby must adhere to standby provisions outlined in Section 9.9.E.

9.12 RANGE QUALIFICATION
A. Sworn personnel shall be guaranteed three hours at time and one half when participating in range qualification training when off duty.

B. Each sworn employee who shoots for qualification shall be provided 100 rounds of practice ammunition each month upon request.

NON-SWORN COMMUNICATIONS SUPERVISORS

9.13 NON-SWORN CONTRACT OVERTIME

Exhibit “A”
18 A. Contract overtime is defined as all hours worked in excess of their regularly scheduled shifts.

B. Employees are regularly assigned to work 40 hours in the seven-day work period.

C. All paid leave hours shall be counted as hours worked for purposes of calculating overtime, to include Vacation, Holiday, Sick Leave, IOD (Workers’ Compensation), and CTO.

D. All contract overtime shall be authorized by the Police Chief, or designee, prior to being compensated. Contract overtime shall be paid in each pay period.

E. Communication Supervisors shall be eligible for overtime pay.

9.14 FLSA/STATUTORY OVERTIME
A. For the purpose of complying with the FLSA overtime requirements under 29 USC Section 207(a), the City has adopted a dual calculation method whereby it calculates FLSA overtime based on all hours actually worked by the overtime eligible employees in excess of 40 hours in a seven-day work period. To the extent the City’s dual calculation method determines that FLSA overtime owed for the seven-day work period exceeds the amount of City/Contract overtime paid for the same seven-day work period, the difference will be paid to the employee by way of an “FLSA Adjustment” in the following City pay period.

9.15 COMPENSATION

Exhibit “A”
19 A. All contract overtime as defined in Section 9.13 of this Article shall be paid in cash at time and one half (1 1/2) the employee's base rate of pay, plus incentives as defined below in Section 9.15, or in CTO.

B. Separate and apart from the City’s contractual obligation to pay overtime in accordance with Section 9.13 above, the City is obligated to calculate and pay, at a minimum, FLSA overtime based on the federally defined rate of pay which includes cash in lieu in compliance with the Flores v. City of San Gabriel decision applicable to non-exempt non-sworn members of the Association. This calculation will be administered with Section 9.13 above.

9.16 COMPENSATORY TIME OFF (CTO)
A. An employee who earns contract overtime as defined in Section 9.13 above, may elect compensation in the form of time off (CTO). An employee may be compensated at the rate of one and one-half (1 1/2) hours for each hour of overtime worked. However, no employee shall accumulate and have current credit for more than 240 hours of CTO.

B. The Association and the City agree that CTO usage is subject to normal time off approval processes and may be denied if it would result in the need for overtime overage (except when scheduled in conjunction with approved vacation).

C. Upon separation from employment or promoting to a position that is not eligible for CTO , the employee’s accrued CTO will be paid out at the employee’s base rate of pay.

Exhibit “A”
20 9.17 PAY INCENTIVES TO BE INCLUDED IN THE BASE RATE FOR OVERTIME UNDER SECTION 9.13 AND 9.14
 Education Incentive
 Holiday Pay
 Standby Pay
 Work out of Grade Pay

9.18 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to work outside of the employee’s normal work hours, if a minimum applies as found in this Article, then the employee has the choice of taking the minimum or taking the pay for the work actually performed.

9.19 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled shift shall be guaranteed a three-hour minimum payment at time and one half.

Unanticipated emergency call-backs (criminal investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time.

9.20 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum payment at time and one-half.

B. Employees required to work through the lunch break while on court duty shall be credited with time worked. Duty free lunch periods shall not be compensable, to a maximum of thirty (30) minutes.

Exhibit “A”
21 C. Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment.

D. Employees placed on standby as required to fulfill court requirements shall be compensated three hours straight time when on standby. Each calendar day starts a new standby period.

E. Standby is that circumstance which requires an employee assigned by the department to: 1) be ready to respond immediately to a call for service; 2) be readily available at all hours by telephone or other agreed upon communication equipment; and 3) refrain from activities which might impair his/her assigned duties upon call. The parties agree that employees on standby, as defined above, are "waiting to be engaged."

9.21 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime.

9.22 NON-SWORN AND SWORN TRAINING
A. Employees that are eligible for overtime and are called back for training sessions authorized by the Police Chief or designee, shall be guaranteed threehour minimum payment at time and one-half.

B. The City shall provide each employee in the membership with paid independent living hotel/motel accommodation when assigned to a POST reimbursable training course or City required training course requiring overnight stay. Daily

Exhibit “A”
22 meal reimbursement provided shall either be a flat $60 per day subject to the following maximum amounts if not a full day (unless increased by City Policy).  Breakfast - $15.00 (regardless of whether or not a continental breakfast is provided)
 Lunch - $15.00
 Commuter Lunch* - $15.00
 Dinner - $30.00
 Mileage at the prescribed IRS mileage reimbursement rate. * Commuter Lunch is defined as providing a lunch for training outside of the City of SLO limits.

9.23 SWORN AND NON-SWORN CONTRACT OVERTIME REMEDY PROVISION The City and the Association (hereafter “parties”) acknowledge and agree that they have met and conferred in good faith in accordance with Government Code section 3500 et. seq. concerning the definition, calculation and payment of City/Contract overtime as set forth in Sections 9.1 and 9.13 of this Agreement.

The parties further acknowledge and agree that the provisions of Sections 9.1 and 9.13 establish the full extent of the City’s contractual obligations to pay overtime for services rendered within the course and scope of employment by members of the bargaining unit and that to the extent individual claims for statutory overtime under the FLSA are asserted by or on behalf of any member of this bargaining unit during the term of this Agreement, such claims will not present or support a claim for contract overtime under this Agreement.

9.24 SHIFT COVERAGE STIPEND

Exhibit “A”
23 Police Lieutenants are considered exempt and not eligible for overtime payment or any return-to-work minimum payments, except as specifically described in this section. In the event a Lieutenant is required to cover the shift of a Police Sergeant, and there is no other coverage available, and operational needs necessitate the filling of the position, the Lieutenant shall receive a shift coverage stipend of one and one half times the base pay for each hour worked in the capacity of Sergeant.

9.25 SPECIAL CIRCUMSTANCE PAY
Exempt sworn members required to work extended hours under special circumstances may be paid at time and one half (1 1/2) for those extended hours worked. The number of hours to be paid and determination of special circumstances shall be at the discretion of the Police Chief. Some examples may include:
 SWAT Call Outs
 Special Events
 Critical Incident
 Natural Disasters
 Civil Unrest

Exhibit “A”
24 ARTICLE 10 - WORK OUT-OF-CLASSIFICATION AND TEMPORARY

ASSIGNMENT PAY
A. Work Out-of-Classification
For the purposed of this Article, an out-of-class assignment is the full-time performance of all of the significant duties of an available, funded position in one classification by an individual in a position in another classification. An employee assigned in writing by management to work-out-of-class in a position that is assigned a higher pay range and is vacant pending an examination, or is vacant due to an extended leave of absence, shall receive one step (5.26%) in addition to their regular base rate commencing on the eleventh consecutive workday on the out-of-class assignment. In order to receive the out-of-class pay, an employee must be working in the out-of-class assignment and may not have a leave of absence longer than two (2) consecutive weeks, unless otherwise approved.

B. Temporary Assignment.

An appointing authority or designee may temporarily assign an employee to a different position for a specific period of time not to exceed 90 days, after which the employee returns to their regular duties and position from which they were regularly assigned.

The temporary assignment may be extended past 90 days if agreed to by the employee in writing. Such action shall have the prior approval of the Human Resources Director or designee. An appointing authority may assign an employee to a different position for a period of time not to exceed 90 days, provided the employee has received 24 hours written notice which includes reasons for the assignment. Employees who are

Exhibit “A”
25 subject to temporary assignment shall be compensated as if they were working out of grade as described in Section A above. In order to receive temporary assignment pay, an employee must be working in the temporary assignment and cannot have a leave of absence longer than two (2) consecutive weeks, unless approved otherwise.

Exhibit “A”
26 ARTICLE 11 - EDUCATION INCENTIVE
BASIC BENEFITS. Education incentive pay shall not begin until one year after employment with the City of San Luis Obispo, but credit will be given for approved education obtained prior to that time. The basic benefit will consist of $300.00 bi-weekly for possession of a B.A. or B.S. from an accredited four-year college or university and $400.00 bi-weekly for possession of a M.A. or M.S. from an accredited college or university. Total education incentive shall in no case exceed $400.00 bi-weekly.

A. JOB RELATED FIELDS. Degrees must be either in directly job-related fields, or City-approved equivalent.

B. APPLICATION AND APPROVAL. Application for the incentive pay shall be made by the employee to the Chief of Police at least 30 days before the date the payment of the incentive pay is to be effective. Approval of the Chief of Police and the Director of Human Resources shall be required.

C. UNSATISFACTORY PERFORMANCE. To be eligible for compensation under this program, an employee must receive and maintain at least a “Meets Performance Standards” rating on their annual evaluation. The Chief of Police, with the concurrence of the City Manager, may suspend payment of the incentive pay until such time as the employee's performance comes up to the standard level, in the opinion of the Chief of Police and in concurrence of the City Manager.

D. ADDITIONAL PROVISIONS.

Exhibit “A”
27 1. The maximum benefit under this article is $400.00 bi-weekly for possession of a M.A. or M.S. from an accredited college or university.

2. Sworn and non-sworn employees are eligible to participate in the Tuition Reimbursement program as set forth in City Policy.

Exhibit “A”
28 ARTICLE 12 - PAYDAY
Payroll will be disbursed on a bi-weekly schedule. Payday will be every other Thursday.

This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control.

Exhibit “A”
29 ARTICLE 13 - GENERAL PROVISIONS

13.1 WORKING CONDITIONS.

An officer's place of residence shall be within a one hour driving radius from the San Luis Obispo Police Department.

Exhibit “A”
30 ARTICLE 14 - HEALTH CARE INSURANCE

14.1 HEALTH FLEX CONTRIBUTION
Employees electing medical coverage in the City’s plans shall receive a health flex contribution, as defined by the Affordable Care Act (“ACA”), and shall purchase such coverage through the City’s Section 125 Plan “Cafeteria Plan”. If the health flex contribution is less than the cost of the medical plan, the employee shall have the opportunity to pay the difference between the health flex contribution and the premium cost on a pre-tax basis through the City’s Cafeteria Plan. If the premium cost for medical coverage is less than the health flex allowance, the employee shall not receive any unused health flex contribution in the form of cash or purchase additional benefits under the Cafeteria Plan. Less than full-time employees shall receive a prorated share of the health flex contribution. The existing 2023 plan year monthly health flex contribution is:

Level of Coverage 2023 Monthly Rate
Employee Only $ 698
Employee Plus One $ 1,268
Family $ 1,683
Effective for the 2024, 2025, 2026, and 2027 premiums, the health flex contribution shall be modified by an amount equal to one-half of the average percentage change for family coverage in the PERS health plans available in San Luis Obispo County. For example: if three plans are available and the year-to-year changes were +10%, +20%, and -6%

Exhibit “A”
31 respectively, the health flex contribution would be increased by 4% (10% + 20% + -6% ÷ 3 = 8% x 1/2).

The City agrees to continue providing the health flex contribution for two (2) pay periods in the event that an employee has exhausted all paid time off due to an employee's catastrophic illness. That is, the employee shall receive regular City health flex contribution for the first two pay periods following the pay period in which the employee's accrued vacation and sick leave balances reach zero.

14.2 PERS HEALTH BENEFIT PROGRAM
The City has elected to participate in the PERS Health Benefit program. 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 statutory minimum contribution amount established by CalPERS on an annual basis. The City's contribution will come out of that amount the City currently contributes to employees as part of the Cafeteria Plan provided to employees in their various MOU's. The cost of the City's participation in PERS will not require the City to expend additional funds toward health insurance beyond what is already provided for in the various bargaining agreements. In summary, this cost and any increases will be borne by the employees.

14.3 CONDITIONAL OPT-OUT (Cash-in-Lieu)
Employees who, at initial enrollment or during the annual open enrollment period, complete an attestation form (as reasonable evidence) that they and all individuals for whom they expect to claim a personal exemption deduction (“Tax Family”) have

Exhibit “A”
32 alternative minimum essential coverage (other than coverage in the individual market and other than individual coverage through Covered California), , will be allowed to receive cash-in-lieu of the health flex contribution and medical coverage through the City’s medical plans for themselves and their qualified dependents (Tax Family). The monthly conditional opt-out (Cash-in-Lieu) incentive is:

Opt Out $598
The conditional opt-out incentive shall be paid as Cash-in-Lieu (taxable income) to the employee. The employee must notify the City within 30 days of the loss of alternative minimum essential coverage. The conditional opt-out payment shall no longer be payable, if the employee or family members cease to be enrolled in alternative minimum essential coverage. The City must not and will not pay Cash-in-Lieu if the City knows or has reason to know that the employee or an individual in the employee’s Tax Family does not have the required alternative coverage. Employees receiving the conditional opt-out amount will also be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public Employee's Contingency Reserve Fund and the Administrative Costs. However, there is no requirement that these funds be used exclusively for this purpose nor any guarantee that they will be sufficient to fund retiree health costs, although they will be used for negotiated employee benefits.

14.4 DENTAL AND VISION INSURANCE/DEPENDENT COVERAGE

Exhibit “A”
33 Employee’s participation in the City's dental and vision plans is optional. Employees who elect coverage shall pay the dental and/or vision premium by payroll deductions on a pre-tax basis through the City’s Cafeteria Plan.

14.5 LONG-TERM DISABILITY INSURANCE (LTD)
Sworn employees are covered for Long-Term Disability Insurance through the Association and are responsible for premium payments. Non-sworn employees continue to be covered under the City’s Long-Term Disability Insurance Program.

14.6 LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT Employees shall have life insurance and Accidental Death and Dismemberment (AD&D) coverage of Forty-Five Thousand Dollars ($45,000). Twenty Thousand Dollars ($20,000) of life insurance shall be paid by the employees through the City’s Cafeteria Plan and Twenty-Five Thousand ($25,000) shall be paid by the City. The City pays the $45,000 of AD&D coverage.

14.7 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint one voting representative to serve on a Medical Plan Review Committee. In addition, the Association may appoint one non-voting representative to provide a wider range of viewpoint for discussion.

A. Duties and Obligations of the Medical Plan Review Committee The duties and obligations of the Medical Plan Review Committee shall be to:

Exhibit “A”
34 1. Review and suggest changes for the City's Cafeteria Plan and the insurance plan offered under the MOU.

2. Submit to the City and its employee associations recommendations on proposed changes for the City's Cafeteria plan and the insurance plans offered under the MOU.

3. Disseminate information and educate employees about the City's Cafeteria plan and the insurance plans offered under the MOU.

4. Participate in other related assignments requested by the City and its employee associations.

B. Miscellaneous

1. The actions of the Medical Plan Review Committee shall not preclude the Association and the City from meeting and conferring.

2. No recommendation of the Medical Plan Review Committee on matters within the scope of bargaining shall take effect before completion of meet and confer requirements between the City and the Association, including Resolution 6620.

3. If changes to the City's Cafeteria plan are subject to meet and confer requirements, the City and the Association agree to meet and confer in good faith.

4. In performing its duties, the Medical Plan Review Committee may consult independent outside experts. The City shall pay any fees incurred for this consultation, provided that the City has approved the consultation and fees in advance.

Exhibit “A”
35 ARTICLE 15 - RETIREMENT

15.1 PERS Contracts
A. “Classic Members First Tier” sworn and non-sworn members hired before December 6, 2012.

PERS determines who is a “classic member” within the meaning of the California Public Employee’ Pension Reform Act (PEPRA). The City agrees to provide the Public Employees' Retirement System's (PERS) 3% at age 50 plan to all sworn personnel and 2.7% at age 55 for all non-sworn personnel hired before December 6, 2012. The 3% at age 50 plan includes the following amendments, namely, Post Retirement Survivor Allowance, the 4th level 1959 Survivor's Benefit, military service credit, oneyear final compensation, conversion of unused sick leave credit to additional retirement credit, and Pre-Retirement Optional Settlement 2 Death Benefit. The 2.7% at age 55 plan has the following amendments, the 4th level 1959 Survivor's Benefit, one-year final compensation, military service credit, conversion of unused sick leave credit to additional retirement credit, and Pre-Retirement Optional Settlement 2 Death Benefit.

B. “Classic Members Second Tier” sworn and non-sworn members hired on or after December 6, 2012.

Effective December 6, 2012, the City agrees to provide the Public Employee’s Retirement System’s, 2% at age 50 Full Formula for Local Safety Members using the average of the three highest years as final compensation and 2% at age 60 for all nonsworn personnel using the average of the three highest years as final compensation.

The 2% at age 50 plan includes the following amendments, namely, Post Retirement

Exhibit “A”
36 Survivor Allowance, the 4th level 1959 Survivors’ Benefit, military service credit, conversion of unused sick leave credit to additional retirement credit, and PreRetirement Optional Settlement 2 Death Benefit.

C. “New Members Third Tier” sworn and non-sworn members hired after January 1, 2013.

For all employees who PERS determines are “new members” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA), the City will provide the PERS 2.7% at age 57 (PERS Safety Option Plan Two) retirement plan for sworn personnel and 2% at age 62 retirement plan for non-sworn personnel, using the highest three-year average as final compensation.

15.2 Member Contributions
A. “Classic Members – First and Second Tier”
Effective the first full pay period in July 1, 1996, the City discontinued paying the “classic member” sworn employees’ share of the PERS Contribution (9%) and the “classic member” non-sworn employees’ share of the PERS Contribution (8%). The 9% and the 8% were added to the employees’ base salaries and reported as compensation to PERS. Effective December 2012, the “Classic member – second tier” sworn employees’ share of the PERS Contribution is 9% and the “Classic member – second tier” non-sworn employees’ share of the PERS contribution is 7%. For purposes of this Article, employee contributions are based on salary and special compensation as defined by PERS.

Exhibit “A”
37 Effective the first full pay period in July 2019, all sworn and non-sworn employees shall contribute 1.5% in addition to the employee contribution defined in the paragraph above. Effective the first full pay period in July 2020, all sworn and non-sworn employees contribution shall increase an additional 1.5% for a total of 3%, in addition to the employee contribution defined in the paragraph above. These additional contributions are in accordance to the provisions of AB 340, §7522.30 and §20516.

All of the employee contributions are made on a pre-tax basis as allowed under the Internal Revenue Code §414 (h)(2). The employee will be responsible for any and all tax liability incurred should the IRC provision become invalid.

B. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the total normal cost of the member contribution, as determined by PERS.

Effective the first full pay period July 2019, all sworn and non-sworn new members shall contribute 1.5% in addition to the employee paying 50% of the normal cost.

Effective the first full pay period in July 2020, all sworn and non-sworn new members contribution shall increase an additional 1.5% for a total of 3%, in addition to the employee paying 50% of the normal cost. These additional contributions are in accordance to the provisions of AB 340, §7522.30 and §20516.

All of the employee contributions are made on a pre-tax basis as allowed under the Internal Revenue Code §414 (h)(2). The employee will be responsible for any and all tax liability incurred should the IRC provision become invalid.

Exhibit “A”
38 ARTICLE 16 - UNIFORM ALLOWANCE

16.1 Each employee required to wear a uniform shall receive an annual uniform allowance as provided below and is expected to purchase and maintain in good repair all required uniform pieces.

16.2 The uniform allowance shall be $1,000 per year, with $500 issued to the employee with the first paycheck in June and $500 issued to the employee with the first paycheck in December. New hires will receive a prorated amount on a biweekly basis.

Effective the first paycheck in December 2023, the uniform allowance shall increase from $1,000 to $1,300 per year for all sworn members. The allowance for sworn members will be issued in the amount of $650 on the first paycheck in December and June. New hires will receive a prorated amount on a biweekly basis.

16.3 All represented employees shall be eligible for uniform allowance without regard to duty status interruption if in paid status, including 4850 Pay. For “Classic Members” as defined by CalPERS, uniform allowance shall be reported to CalPERS as special compensation. Uniform allowance will not be pro-rated upon separation from employment.

Exhibit “A”
39 ARTICLE 17 – HOLIDAYS

17.1 The following days of each year are designated as paid holidays:
 January 1 – New Year’s Day
 Third Monday in January – Martin Luther King Jr. Birthday  Third Monday in February – Presidents’ Day
 Last Monday in May – Memorial Day
 July 4 – Independence Day
 First Monday in September – Labor Day
 September 9 – California Admission Day
 Second Monday in October – Columbus Day
 November 11 – Veteran’s Day
 Fourth Thursday in November – Thanksgiving Day
 Friday after Thanksgiving
 One-half day before Christmas Day
 December 25 – Christmas Day
 One-half day before New Year’s Day

17.2 Each employee in this unit shall earn 4 hours of holiday leave bi-weekly, in lieu of fixed holidays.

Such employees shall receive payment at straight time hourly rate for a portion of their earned holiday leave two (2) hours each bi-weekly payroll period.

17.3 The remainder of the employee’s annual holiday leave (52 hours) shall be advanced to the employee effective the first payroll period in January of each year.

Such holiday leave may be taken off by the employee with the approval of the Police Chief or his/her designee. Annual holiday leave hours shall be prorated on a pay period basis when an employee is appointed or leaves employment during the calendar year.

Exhibit “A”
40 17.4 Each calendar quarter, an employee has the option of receiving payment for one-fourth (1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and payment of advanced holiday time may not exceed 52 hours. Any holiday leave remaining at the end of each calendar year will be paid to the employee at the straight time rate on the last paycheck in December.

17.5 If an employee terminates for any reason, having taken off hours in excess of his/her prorated share, the value of the overage will be deducted from the employee’s final paycheck.

Exhibit “A”
41 ARTICLE 18 - VACATION LEAVE

18.1 Each incumbent of a forty (40) hour per week position in the bargaining unit shall accrue vacation leave at the following rates for completed years of service with the City. Part-time employees will accrue a prorated amount of vacation leave.

Years of Completed
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
Less than 5 years 12 days 96 hours
5 to less than 10 years 15 days 120 hours
10 to less than 20 years 18 days 144 hours
20+ years 20 days 160 hours
*One vacation day is equivalent to eight (8) hours for a forty (40) hour per week position in the bargaining unit.

Employees are eligible for a year-for-year prospective accelerated vacation accrual based on prior public sector experience and/or military service. For example, if an employee has ten (10) years of public sector experience prior to working for the City of San Luis Obispo, their vacation accrual will be advanced by ten (10) years.18.2 An incumbent is not eligible to use vacation leave until accrued.

18.3 A regular employee who leaves the City service shall receive payment for any unused vacation leave.

18.4 Vacation schedules must be reviewed by the Chief or his/her designee prior to the scheduled vacation. Vacation schedules will be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. The department may not deny an employee's vacation request if such denial will result in the loss of vacation

Exhibit “A”
42 accrual by the employee, except that, management may approve a two-month extension of maximum vacation accrual. However, in no event shall more than one such extension be granted in any calendar year.

18.5 Any employee who is on approved vacation leave and becomes eligible for sick leave as defined in Section 2.36.420A of the Personnel Rules & Regulations may have such time credited as sick leave under the following conditions.

A. A physician's statement certifying that illness, injury or exposure to contagious disease has occurred is presented to the supervisor upon returning to work.

B. The vacation leave immediately ends and the employee reports to work following the end of sick leave usage.

18.6 Vacation leave shall be accrued as earned each payroll period, to a maximum of vacation time not to exceed twice the employee’s annual accrual rate. It shall be the responsibility of the employee to plan vacations and receive departmental approval in a timely manner.

18.7 All employees in this unit are eligible, once annually in December, to request payment for up to 100 hours of unused vacation leave. If an employee reaches the annual accrual cap before December, the employee will be able to request vacation payment one additional time during the calendar year, in addition to the December cash out. However, no more than 100 hours of unused vacation leave will be paid out in any calendar year.

To request payment for unused vacation leave, employees must submit an irrevocable election form to Payroll in December of year, prior to the pay period that includes

Exhibit “A”
43 January 1 of the year the cash out is to be paid, to receive payment for accrued vacation effective on the pay period that includes January 1st of the following calendar year, subject to IRS regulations. Late irrevocable election forms will not be accepted, nor can they be changed after the deadline. The remaining unused leave shall remain in the employee’s vacation accrual bank. The hours which are paid out are hours which will be accrued in the following year.

Exhibit “A”
44 ARTICLE 19 - ADMINISTRATIVE LEAVE

19.1 The Lieutenants, Deputy Police Chiefs, and Police Records Supervisor are exempt from paid overtime except as specifically authorized by the Police Chief due to extraordinary circumstances. In general, management employees are expected to work the hours necessary to successfully carry out their duties and frequently must return to work or attend meetings and events outside their normal working hours.

19.2 In recognition of these requirements and the 24-hour staffing requirements of Police Departments, all members of this unit who are designated as exempt in Section

19.1 above shall be afforded flexibility in managing their workload and time and are eligible to take a maximum of 64 hours per calendar year of Administrative Leave.

Such leave may be taken at any time during the year. Administrative leave hours shall be prorated on a pay period basis when an employee is appointed or leaves employment during the calendar year. The employee’s final check will be adjusted to reflect the pro-rated hours, however there is no provision to receive cash payment for unused administrative hours. Unused administration leave will not be carried over year to year but can be taken through December 31st of each year.

19.3 Exempt employees understand that the nature of their jobs require that they will work additional hours outside of their regularly scheduled shifts for such activities as occasional meetings, paybacks, briefings, shift preparation, etc. Subject to the approval of the Bureau Commander, exempt employees may shift adjust for such things as court, administrative assignments, filling shift vacancies, lengthy or frequent meetings, training, etc.

Exhibit “A”
45 ARTICLE 20 - SICK LEAVE

20.1 Sick leave is governed by Section 2.36.420 of the Municipal Code. An employee shall accrue sick leave with pay at the rate of twelve (12) days or the prorated shift equivalent per year of continuous service since the benefit date. Accumulation of sick leave days shall be unlimited.

20.2 Upon retirement the employee may choose: 1) a payout of the employee’s accumulated sick leave balance based on years of service according to the following schedule, 2) to convert a portion or all of the employee’s sick leave balance to service credit in accordance with CalPERS regulations, or, 3) a combination of these two options. Upon termination of employment by death of the employee, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the designated beneficiary or beneficiaries according to the following schedule:

A. Death - 25%
B. Retirement and actual commencement of PERS benefits:

1. After twenty years of continuous employment - 20%

2. After twenty-five years of continuous employment – 25%

3. After thirty years of continuous employment – 30%

Exhibit “A”
46 ARTICLE 21 - FAMILY LEAVE

21.1 An employee may take up to 48 hours of sick leave per year if required to be away from the job to personally care for a member of his/her immediate family. This applies regardless of whether an employee is eligible for the Family/Medical leave described below.

21.2 An employee may take up to 56 hours of sick leave per year if that family member is part of the employee's household and is hospitalized. The employee shall submit written verification of such hospitalization. This applies regardless of whether an employee is eligible for the Family/Medical leave described below.

21.3 For purposes of this article, immediate family is defined as: spouse/registered domestic partner; child; brother; sister; parent; parent-in-law; stepparent; stepbrother; stepsister; grandparent; grandchild; any other relative living in the same household; a designated person as defined in the City’s Family and Medical Leave Policy; or any other relative as defined by Labor Code 233 and/or Assembly Bill 1522.

21.4 The amounts shown in 21.1 and 21.2 above are annual maximums, not maximums per qualifying family member.

21.5 In conjunction with existing leave benefits, unit employees with one year of City service who have worked at least 1,250 hours in the last year, may be eligible for up to 12 weeks of Family/Medical Leave within any 12-month period. If eligible for Family/Medical Leave, employees must use all available sick, vacation, compensatory time off, and holiday prior to receiving unpaid Family/Medical Leave. Further details on Family/Medical Leave are available in the City’s Family and Medical Leave Policy.

Exhibit “A”
47 ARTICLE 22 - BEREAVEMENT LEAVE
At each employee's option, up to five days of sick leave may be used to be absent from duty due to the death of a member of the employee's immediate family, defined as:
spouse/registered domestic partner; child; brother; sister; parent; parent-in-law; stepparent; stepbrother; stepsister; grandparent; grandchild; any other relative living in the same household; a designated person as defined in the City’s Family and Medical Leave Policy.

The employee may be required to submit proof of relative's death within 30 days of the first day of bereavement leave taken. False information concerning the death or relationship shall be cause for discharge. The five days of leave is per qualifying family member and must be used within three months following the relative’s death.

Exhibit “A”
48 ARTICLE 23 - CATASTROPHIC LEAVE
Employees may participate in the Catastrophic Leave program in accordance with the City’s Catastrophic Leave Policy.

Exhibit “A”
49 ARTICLE 24 - WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with State Workers' Compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between their base salary and the amount provided by Workers' Compensation law during the first 90 business days of such disability absence.

Exhibit “A”
50 ARTICLE 25 - JURY DUTY AND MILITARY LEAVES

25.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury, and when not excluded there from, or when subpoenaed to appear as a witness at any trial, shall be compensated for the time required to be spent under the jurisdiction of the court by an amount equal to the difference between the pay they received as a juror and his/her regular daily rate received from the City. The difference between the time required to be spent on jury duty and the normal workday of the employee shall be spent performing the employee’s regular job assignments unless the department head, upon approval of the Director of Human Resources, determines this not to be practical.

25.2 MILITARY LEAVE
Any line-item employee shall receive normal salary and fringe benefits during the first thirty days of any period of temporary military leave. Such compensation shall not exceed thirty calendar days in any one fiscal year. Any temporary military leave in excess of thirty days in one fiscal year shall be taken as vacation leave or leave of absence without pay.

Exhibit “A”
51 ARTICLE 26 - GRIEVANCE PROCEDURE

26.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of the personnel rules and regulations or of any Memorandum of Understanding, excluding disciplinary matters, or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters.

26.2 Each grievance shall be handled in the following manner:

A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's immediate superior. The employee shall have the right to choose a representative to accompany them at each step of the process. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated.

B. If still dissatisfied, the employee may immediately submit the grievance in writing to the Police Chief for consideration, stating the facts on which it was based, including the provision of the rules, regulations, or agreement said to be violated, and the proposed remedy. This action must take place within 15 business days of the occurrence of the grievance. The Police Chief shall promptly consider the grievance and render a decision in writing within 15 business days of receiving the written grievance. If the employee accepts the Police Chief's decision, the grievance shall be considered terminated.

C. If the employee is dissatisfied with the Police Chief's decision, the employee may immediately submit the grievance in writing to the Human Resources

Exhibit “A”
52 Director within five business days of receiving the Police Chief's decision. The Human Resources Director shall confer with the employee and the Police Chief and any other interested parties and shall conduct such other investigations as may be advisable.

D. The results or findings of such conferences and investigations shall be submitted to the City Manager in writing within fifteen (15) business days of receiving the employee's written request. The City Manager will meet with the employee if the employee so desires before rendering a decision with respect to the complaint. The City Manager’s decision shall be in writing and given to the employee within fifteen (15) business days of receiving the Human Resources Director's results and findings. Such decision shall be final unless the employee desires the Personnel Board to review the decision. If such is the case, the employee will have five (5) business days following receipt of the City Manager’s decision to submit a written request to the Personnel Board through the Human Resources Director for a review of the decision. The Personnel Board within thirty (30) business days shall review the record and either (1) issue an advisory opinion to the City Manager; or (2) conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board within ten (10) business days of the close of such hearing. If an opinion signed by at least three (3) members of the Personnel Board recommends overruling or modifying the City Manager’s decision, the City Manager shall comply or appeal this recommendation to the City Council. Such appeal shall be filed with the City Clerk within three (3) business days of the Board's action. If appealed,

Exhibit “A”
53 the City Council shall review the case on the record and render a final decision within fifteen (15) business days of submittal.

Exhibit “A”
54 ARTICLE 27 - DISCIPLINARY ACTION
Except in cases of disciplinary suspensions of less than one work week, the standards for the discipline of exempt employees shall generally be consistent with the standards for discipline of non-exempt employees. Thus, such exempt employees may be subject to termination, demotion or reduction in compensation for any of the reasons set forth in Section 2.36.320 of the Personnel Rules and Regulations. In conformity with the Fair Labor Standards Act, a disciplinary suspension of less than one week may be imposed only for a violation of City safety rules of major significance. Minor violations of rules and regulations may result in lesser disciplinary actions, such as oral or written reprimands, counseling, or special training, etc.

Exhibit “A”
55 ARTICLE 28 - IMPASSE PROCEDURE

28.1 MEDIATION
A. Mediation may be requested only after the possibility of settlement by direct discussion (meet and confer) has been exhausted. Mediation may be requested by scheduling a meeting with the Employee Relations Officer (City Manager).

1. The Employee Relations Officer shall convene a meeting between the chief negotiator for the Association, one other representative of the Association, the Employee Relations Officer and one other representative of the City:
a. To review the position of the parties in a final effort to reach agreement or reduce the points of disagreement; and
b. If agreement is not reached, to make arrangements for mediation.

B. Following the meeting with the Employee Relations Officer, only the disputed issues shall be submitted to mediation. The mediator shall be selected from the State Mediation and Conciliation Service by mutual consent. All mediation proceedings shall be private and confidential, and the mediator shall make no public recommendation nor take any public position at any time concerning the issue. Any fees or expenses of mediation shall be shared equally by the City and the Association.

C. Mediation shall be terminated if agreement has not been reached in 30 days unless extended by mutual agreement.

Exhibit “A”
56 28.2 FACT-FINDING
A. If mediation fails to resolve all issues, the unresolved issues shall be referred to "fact-finding." The factfinder shall be selected by mutual consent.

B. The City and the Association shall submit its position on each unresolved issue and its last offer of settlement to the factfinder. After due consideration, the factfinder shall recommend on each issue using factors traditionally taken into consideration in determination of wages, hours and other terms and conditions of employment in the public sector.

C. Within ten (10) days of commencing fact-finding, recommendations of the factfinder shall be reported in writing at a meeting of representatives of the City and the Association. Each party shall accept, reject or propose alternatives to the fact-finder's recommendations. Any recommendations or alternatives not accepted by both parties within fifteen (15) days of receiving the fact-finder's recommendations will be presented to the City Council.

D. After a hearing where the chief negotiator for the Association, one other representative of the Association, the Employee Relations Officer and one other representative of the City have presented their position on the fact-finder's recommendations, the City Council may accept or reject any recommendation.

All proceedings and recommendations of fact-finding shall be private and confidential. Any fees or expenses shall be equally shared by the City and the Association.

Exhibit “A”
57 ARTICLE 29 - SWAT OPERATOR LUCA BENEDETTI FITNESS INCENTIVE SWAT team members are required to maintain a higher standard of physical fitness than the normal employee. The City will reimburse each SWAT team member who purchases personal exercise equipment or who voluntarily joins a physical fitness gym for the cost of the membership and monthly charges up to a maximum fiscal year amount of $575.00 per member. To request reimbursement, the SWAT team member completes a memo requesting the reimbursement, attaches the receipt, and submits the documentation to the SWAT Team Command for approval. That memo is then forwarded to the Department Fiscal Officer and to Finance for processing. A purchase that meets the criteria to be eligible for reimbursement and is above the annual reimbursement limit, may be submitted in up to two additional consecutive years.

Exhibit “A”
58 ARTICLE 30 - FULL AGREEMENT
This Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. This Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. In the event any new practice or subject matter arises during the term of this Agreement and an action is proposed by the City, the Association will be afforded notice and shall have the right to meet and confer upon request.

Exhibit “A”
59 ARTICLE 31 - SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a 30 day work period. If no agreement has been reached, the parties agree to invoke the provision of impasse under Section 13 of City Resolution No. 6620.

Exhibit “A”
60 ARTICLE 32 - TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 2023, except that those provisions which have specific implementation dates shall be implemented on those dates and shall remain in full force and effect until midnight June 30, 2027.

Exhibit “A”
61 ARTICLE 33 - AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of the Agreement:

A. The Association's principal authorized agent shall be the President (address:
1042 Walnut Street, San Luis Obispo, California 93401; telephone: (805) 781- 7313).

B. Management's principal authorized agent shall be the Human Resources Director or their duly authorized representative (address: 990 Palm Street, San Luis Obispo, California 93401; telephone: (805) 781-7250).

Exhibit “A”
62 ARTICLE 34 - SIGNATURES

1. Classifications covered by this Agreement and included within this unit are Police Sergeant, Police Lieutenant, Deputy Police Chief, Communications Supervisor, and Police Records Supervisor.

2. This Agreement does not apply to Temporary Employees or Part-time Employees.

This Agreement was executed on July 11, 2023, by the following parties:

CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO POLICE OFFICERS’

ASSOCIATION
Nickole Domini, Human Resources Director Aaron Schafer, SLOPSOA President Chad Pfarr, SLOPSOA Vice President
Other City Negotiating Team Members Other SLOPSOA Negotiating Team Members Brittani Roltgen, Human Resources Manager Caleb Kemp
Jeff Andrews, Human Resources Analyst Jason Dickel

Exhibit “A”
63 APPENDIX A – SALARY RANGE LISTING
Salary Range Listing - July 2023 to June 2027
July 2023
Summary of Changes: 3% COLA all classifications, and the following market equity adjustments: 7% Sergeant, 15.25% Lieutenant

18.5% Deputy Police Chief, 2% Police Records Supervisor, 8% Communications Supervisor Title Job Grade Annual
Step 1
Annual
Step 2
Annual
Step 3
Annual
Step 4
Annual
Step 5
Annual
Step 6
Police Sergeant 74500 800 $ 122,174 $ 128,596 $ 135,356 $ 142,480 $ 149,968 $ 157,872 Police Lieutenant 75500 805 $ 158,964 $ 167,336 $ 176,150 $ 185,432 $ 195,182 $ - Deputy Police Chief 76100 810 $ 187,876 $ 197,756 $ 208,156 $ 219,102 $ 230,620 $ - Police Records Supervisor 75201 850 $ 77,038 $ 81,094 $ 85,358 $ 89,856 $ 94,588 $ 99,554 Communications Supervisor 75200 855 $ 92,222 $ 97,084 $ 102,180 $ 107,562 $ 113,230 $ 119,184 July 2024
Summary of Changes: 3% COLA all classifications
Title Job Grade Annual
Step 1
Annual
Step 2
Annual
Step 3
Annual
Step 4
Annual
Step 5
Annual
Step 6
Police Sergeant 74500 800 $ 125,814 $ 132,444 $ 139,412 $ 146,744 $ 154,466 $ 162,604 Police Lieutenant 75500 805 $ 163,748 $ 172,354 $ 181,428 $ 190,970 $ 201,032 $ - Deputy Police Chief 76100 810 $ 193,466 $ 203,658 $ 214,370 $ 225,654 $ 237,536 $ - Police Records Supervisor 75201 850 $ 79,352 $ 83,538 $ 87,932 $ 92,560 $ 97,422 $ 102,544 Communications Supervisor 75200 855 $ 95,030 $ 100,022 $ 105,274 $ 110,812 $ 116,636 $ 122,772 July 2025
Summary of Changes: 3% COLA all classifications
Title Job Grade Annual
Step 1
Annual
Step 2
Annual
Step 3
Annual
Step 4
Annual
Step 5
Annual
Step 6
Police Sergeant 74500 800 $ 129,610 $ 136,422 $ 143,598 $ 151,164 $ 159,120 $ 167,492 Police Lieutenant 75500 805 $ 168,688 $ 177,554 $ 186,888 $ 196,716 $ 207,064 $ - Deputy Police Chief 76100 810 $ 199,290 $ 209,768 $ 220,818 $ 232,440 $ 244,660 $ - Police Records Supervisor 75201 850 $ 81,744 $ 86,034 $ 90,558 $ 95,316 $ 100,334 $ 105,612 Communications Supervisor 75200 855 $ 97,864 $ 103,012 $ 108,446 $ 114,140 $ 120,146 $ 126,464 July 2026
Summary of Changes: 3% COLA all classifications
Title Job Grade Annual
Step 1
Annual
Step 2
Annual
Step 3
Annual
Step 4
Annual
Step 5
Annual
Step 6
Police Sergeant 74500 800 $ 133,510 $ 140,530 $ 147,914 $ 155,688 $ 163,878 $ 172,510 Police Lieutenant 75500 805 $ 173,706 $ 182,858 $ 192,478 $ 202,618 $ 213,278 $ - Deputy Police Chief 76100 810 $ 205,270 $ 216,060 $ 227,422 $ 239,382 $ 251,992 $ - Police Records Supervisor 75201 850 $ 84,188 $ 88,608 $ 93,262 $ 98,176 $ 103,350 $ 108,784 Communications Supervisor 75200 855 $ 100,802 $ 106,106 $ 111,696 $ 117,572 $ 123,760 $ 130,260

CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective July 06, 2023 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 ACCOUNTANT 22300 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ ACCOUNTING ASSISTANT I 41400 400 CEA 1,796 $ 1,890 $ 1,989 $ 2,094 $ 2,204 $ - $ - $ - $ - $ ACCOUNTING ASSISTANT II 42400 402 CEA 1,891 $ 1,991 $ 2,096 $ 2,206 $ 2,322 $ - $ - $ - $ - $ ACCOUNTING ASSISTANT III 43400 405 CEA 2,043 $ 2,151 $ 2,264 $ 2,383 $ 2,508 $ - $ - $ - $ - $ ACCOUNTING MANAGER 26200 340 MME 4,587 $ 4,587 $ 4,587 $ 4,587 $ 5,733 $ - $ - $ - $ - $ ACTIVE TRANSPORTATION MANAGER 22301 318 MME 3,699 $ 3,699 $ 3,699 $ 3,699 $ 4,623 $ - $ - $ - $ - $ ADMINISTRATION EXECUTIVE ASSISTANT 33100 257 CNF 2,385 $ 2,510 $ 2,642 $ 2,781 $ 2,927 $ - $ - $ - $ - $ ADMINISTRATIVE ANALYST 22302 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ ADMINISTRATIVE ASSISTANT I 41700 400 CEA 1,796 $ 1,890 $ 1,989 $ 2,094 $ 2,204 $ - $ - $ - $ - $ ADMINISTRATIVE ASSISTANT II 42700 402 CEA 1,891 $ 1,991 $ 2,096 $ 2,206 $ 2,322 $ - $ - $ - $ - $ ADMINISTRATIVE ASSISTANT III 43700 405 CEA 2,043 $ 2,151 $ 2,264 $ 2,383 $ 2,508 $ - $ - $ - $ - $ ADMINISTRATIVE SPECIALIST 44700 408 CEA 2,209 $ 2,325 $ 2,447 $ 2,576 $ 2,712 $ - $ - $ - $ - $ AQUATICS COORDINATOR 44601 412 CEA 2,452 $ 2,581 $ 2,717 $ 2,860 $ 3,010 $ - $ - $ - $ - $ ASSISTANT CITY ATTORNEY I 25100 346 MME 4,863 $ 4,863 $ 4,863 $ 4,863 $ 6,078 $ - $ - $ - $ - $ ASSISTANT CITY ATTORNEY II 25102 360 MME 5,596 $ 5,596 $ 5,596 $ 5,596 $ 6,995 $ - $ - $ - $ - $ ASSISTANT CITY MANAGER COMMUNITY SERVICES 27100 225 DPH 7,641 $ 7,641 $ 7,641 $ 7,641 $ 9,550 $ - $ - $ - $ - $ ASSISTANT PLANNER 42402 417 CEA 2,790 $ 2,937 $ 3,092 $ 3,255 $ 3,426 $ - $ - $ - $ - $ ASSISTANT TO THE CITY MANAGER 25101 328 MME 4,078 $ 4,078 $ 4,078 $ 4,078 $ 5,096 $ - $ - $ - $ - $ ASSOCIATE PLANNER 43300 422 CEA 3,177 $ 3,344 $ 3,520 $ 3,705 $ 3,900 $ - $ - $ - $ - $ BEAUTIFICATION GARDENER 42914 411 CEA 2,387 $ 2,513 $ 2,645 $ 2,784 $ 2,931 $ - $ - $ - $ - $ BUILDING INSPECTOR I 41500 415 CEA 2,650 $ 2,789 $ 2,936 $ 3,091 $ 3,254 $ - $ - $ - $ - $ BUILDING INSPECTOR II 44500 418 CEA 2,864 $ 3,015 $ 3,174 $ 3,341 $ 3,517 $ - $ - $ - $ - $ BUILDING PERMIT SERVICES SUPERVISOR 24200 313 MME 3,526 $ 3,526 $ 3,526 $ 3,526 $ 4,406 $ - $ - $ - $ - $ BUSINESS MANAGER 26111 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ BUSINESS SERVICES AND ADMINISTRATIVE MANAGER 26100 340 MME 4,587 $ 4,587 $ 4,587 $ 4,587 $ 5,733 $ - $ - $ - $ - $ CANNABIS BUSINESS COORDINATOR 44408 422 CEA 3,177 $ 3,344 $ 3,520 $ 3,705 $ 3,900 $ - $ - $ - $ - $ CAPITAL IMPROVEMENT PROGRAM ADMINISTRATIVE MANAGER 26117 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ CAPITAL PROJECTS MANAGER I 41302 417 CEA 2,790 $ 2,937 $ 3,092 $ 3,255 $ 3,426 $ - $ - $ - $ - $ CAPITAL PROJECTS MANAGER II 42304 421 CEA 3,096 $ 3,259 $ 3,431 $ 3,612 $ 3,802 $ - $ - $ - $ - $ CAPITAL PROJECTS MANAGER III 43303 424 CEA 3,348 $ 3,524 $ 3,709 $ 3,904 $ 4,109 $ - $ - $ - $ - $ CITY ATTORNEY 28000 200 APO 10,563 $ - $ - $ - $ - $ - $ - $ - $ - $

CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective July 06, 2023 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 CITY BIOLOGIST 22304 318 MME 3,699 $ 3,699 $ 3,699 $ 3,699 $ 4,623 $ - $ - $ - $ - $ CITY CLERK 26000 333 MME 4,284 $ 4,284 $ 4,284 $ 4,284 $ 5,356 $ - $ - $ - $ - $ CITY COUNCIL MEMBER 18000 104 CCM 987 $ - $ - $ - $ - $ - $ - $ - $ - $ CITY MANAGER 28001 206 APO 11,500 $ - $ - $ - $ - $ - $ - $ - $ - $ CODE ENFORCEMENT OFFICER I 41501 416 CEA 2,718 $ 2,861 $ 3,012 $ 3,171 $ 3,338 $ - $ - $ - $ - $ CODE ENFORCEMENT OFFICER II 44501 419 CEA 2,940 $ 3,095 $ 3,258 $ 3,429 $ 3,609 $ - $ - $ - $ - $ CODE ENFORCEMENT SUPERVISOR 25300 313 MME 3,526 $ 3,526 $ 3,526 $ 3,526 $ 4,406 $ - $ - $ - $ - $ CODE ENFORCEMENT TECHNICIAN I 41502 405 CEA 2,043 $ 2,151 $ 2,264 $ 2,383 $ 2,508 $ - $ - $ - $ - $ CODE ENFORCEMENT TECHNICIAN II 42500 407 CEA 2,153 $ 2,266 $ 2,385 $ 2,511 $ 2,643 $ - $ - $ - $ - $ COMMUNICATIONS COORDINATOR 42703 408 CEA 2,209 $ 2,325 $ 2,447 $ 2,576 $ 2,712 $ - $ - $ - $ - $ COMMUNICATIONS SUPERVISOR 75200 855 PSO 3,547 $ 3,734 $ 3,930 $ 4,137 $ 4,355 $ 4,584 $ - $ - $ - $ COMMUNICATIONS TECHNICIAN 62500 712 POA 2,771 $ 2,917 $ 3,071 $ 3,233 $ 3,403 $ 3,582 $ 3,771 $ - $ - $ CONSTRUCTION ENGINEERING MANAGER 26202 333 MME 4,284 $ 4,284 $ 4,284 $ 4,284 $ 5,356 $ - $ - $ - $ - $ CONTROL SYSTEMS ADMINISTRATOR 44400 426 CEA 3,525 $ 3,711 $ 3,906 $ 4,112 $ 4,328 $ - $ - $ - $ - $ DATA ANALYST 22311 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ DEPUTY CITY ATTORNEY I 21101 316 MME 3,632 $ 3,632 $ 3,632 $ 3,632 $ 4,538 $ - $ - $ - $ - $ DEPUTY CITY ATTORNEY II 22101 326 MME 4,001 $ 4,001 $ 4,001 $ 4,001 $ 5,001 $ - $ - $ - $ - $ DEPUTY CITY ATTORNEY III 23101 336 MME 4,413 $ 4,413 $ 4,413 $ 4,413 $ 5,517 $ - $ - $ - $ - $ DEPUTY CITY CLERK I 41701 405 CEA 2,043 $ 2,151 $ 2,264 $ 2,383 $ 2,508 $ - $ - $ - $ - $ DEPUTY CITY CLERK II 42701 408 CEA 2,209 $ 2,325 $ 2,447 $ 2,576 $ 2,712 $ - $ - $ - $ - $ DEPUTY CITY MANAGER 26112 210 DPH 6,641 $ 6,641 $ 6,641 $ 6,641 $ 8,303 $ - $ - $ - $ - $ DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT CHIEF BUILDING OFFICIAL 26120 353 MME 5,208 $ 5,208 $ 5,208 $ 5,208 $ 6,509 $ - $ - $ - $ - $ DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT CITY PLANNER 26115 353 MME 5,208 $ 5,208 $ 5,208 $ 5,208 $ 6,509 $ - $ - $ - $ - $ DEPUTY DIRECTOR OF PUBLIC WORKS CITY ENGINEER 26104 358 MME 5,468 $ 5,468 $ 5,468 $ 5,468 $ 6,835 $ - $ - $ - $ - $ DEPUTY DIRECTOR OF PUBLIC WORKS MAINTENANCE OPERATIONS 26103 353 MME 5,208 $ 5,208 $ 5,208 $ 5,208 $ 6,509 $ - $ - $ - $ - $ DEPUTY DIRECTOR OF PUBLIC WORKS MOBILITY SERVICES 26119 353 MME 5,208 $ 5,208 $ 5,208 $ 5,208 $ 6,509 $ - $ - $ - $ - $ DEPUTY DIRECTOR OF UTILITIES ENGINEERING AND PLANNING 26113 353 MME 5,208 $ 5,208 $ 5,208 $ 5,208 $ 6,509 $ - $ - $ - $ - $ DEPUTY DIRECTOR OF UTILITIES WASTEWATER 26105 353 MME 5,208 $ 5,208 $ 5,208 $ 5,208 $ 6,509 $ - $ - $ - $ - $ DEPUTY DIRECTOR OF UTILITIES WATER 26106 353 MME 5,208 $ 5,208 $ 5,208 $ 5,208 $ 6,509 $ - $ - $ - $ - $ DEPUTY FIRE CHIEF 26107 369 MME 6,107 $ 6,107 $ 6,107 $ 6,107 $ 7,634 $ - $ - $ - $ - $ DEPUTY POLICE CHIEF 76100 810 PSO 7,226 $ 7,606 $ 8,006 $ 8,427 $ 8,870 $ - $ - $ - $ - $

CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective July 06, 2023 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 DIRECTOR OF COMMUNITY DEVELOPMENT 27000 210 DPH 6,641 $ 6,641 $ 6,641 $ 6,641 $ 8,303 $ - $ - $ - $ - $ DIRECTOR OF FINANCE 27001 210 DPH 6,641 $ 6,641 $ 6,641 $ 6,641 $ 8,303 $ - $ - $ - $ - $ DIRECTOR OF HUMAN RESOURCES 27002 210 DPH 6,641 $ 6,641 $ 6,641 $ 6,641 $ 8,303 $ - $ - $ - $ - $ DIRECTOR OF PARKS AND RECREATION 27003 210 DPH 6,641 $ 6,641 $ 6,641 $ 6,641 $ 8,303 $ - $ - $ - $ - $ DIRECTOR OF PUBLIC WORKS 27004 210 DPH 6,641 $ 6,641 $ 6,641 $ 6,641 $ 8,303 $ - $ - $ - $ - $ DIRECTOR OF UTILITIES 27005 210 DPH 6,641 $ 6,641 $ 6,641 $ 6,641 $ 8,303 $ - $ - $ - $ - $ DIVERSITY EQUITY AND INCLUSION MANAGER 26002 340 MME 4,587 $ 4,587 $ 4,587 $ 4,587 $ 5,733 $ - $ - $ - $ - $ ECONOMIC DEVELOPMENT MANAGER 26108 340 MME 4,587 $ 4,587 $ 4,587 $ 4,587 $ 5,733 $ - $ - $ - $ - $ EMERGENCY MANAGER 22500 318 MME 3,699 $ 3,699 $ 3,699 $ 3,699 $ 4,623 $ - $ - $ - $ - $ ENGINEER I 41300 419 CEA 2,940 $ 3,095 $ 3,258 $ 3,429 $ 3,609 $ - $ - $ - $ - $ ENGINEER II 42300 423 CEA 3,262 $ 3,434 $ 3,615 $ 3,805 $ 4,005 $ - $ - $ - $ - $ ENGINEER III 43301 426 CEA 3,525 $ 3,711 $ 3,906 $ 4,112 $ 4,328 $ - $ - $ - $ - $ ENGINEERING INSPECTOR I 41401 414 CEA 2,582 $ 2,718 $ 2,861 $ 3,012 $ 3,170 $ - $ - $ - $ - $ ENGINEERING INSPECTOR II 42404 417 CEA 2,790 $ 2,937 $ 3,092 $ 3,255 $ 3,426 $ - $ - $ - $ - $ ENGINEERING INSPECTOR III 43401 423 CEA 3,262 $ 3,434 $ 3,615 $ 3,805 $ 4,005 $ - $ - $ - $ - $ ENGINEERING INSPECTOR IV 44402 426 CEA 3,525 $ 3,711 $ 3,906 $ 4,112 $ 4,328 $ - $ - $ - $ - $ ENGINEERING TECHNICIAN I 41402 407 CEA 2,153 $ 2,266 $ 2,385 $ 2,511 $ 2,643 $ - $ - $ - $ - $ ENGINEERING TECHNICIAN II 42405 409 CEA 2,267 $ 2,386 $ 2,512 $ 2,644 $ 2,783 $ - $ - $ - $ - $ ENGINEERING TECHNICIAN III 43402 414 CEA 2,582 $ 2,718 $ 2,861 $ 3,012 $ 3,170 $ - $ - $ - $ - $ ENTERPRISE SYSTEM DATABASE ADMINISTRATOR 44401 426 CEA 3,525 $ 3,711 $ 3,906 $ 4,112 $ 4,328 $ - $ - $ - $ - $ ENVIRONMENTAL COMPLIANCE INSPECTOR (SBP) 44403 484 CEA 2,627 $ 2,765 $ 2,911 $ 3,064 $ 3,225 $ 3,395 $ 3,574 $ 3,762 $ 3,960 $ ENVIRONMENTAL PROGRAMS MANAGER 26203 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ EVIDENCE TECHNICIAN 62300 715 POA 3,629 $ 3,820 $ 4,021 $ 4,233 $ 4,456 $ 4,690 $ 4,937 $ - $ - $ FACILITIES MAINTENANCE SUPERVISOR 25201 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ FACILITIES MAINTENANCE TECHNICIAN (SBP) 42900 473 CEA 2,088 $ 2,198 $ 2,314 $ 2,436 $ 2,564 $ 2,699 $ 2,841 $ 2,991 $ 3,148 $ FINANCIAL ANALYST 22310 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ FINANCIAL SPECIALIST 42412 408 CEA 2,209 $ 2,325 $ 2,447 $ 2,576 $ 2,712 $ - $ - $ - $ - $ FIRE BATTALION CHIEF 55200 505 FBC 5,006 $ 5,269 $ 5,546 $ 5,838 $ 6,145 $ 6,468 $ - $ - $ - $ FIRE CAPTAIN 54500 621 FFA 4,017 $ 4,228 $ 4,451 $ 4,685 $ 4,932 $ - $ - $ - $ - $ FIRE CHIEF 27006 216 DPH 7,018 $ 7,018 $ 7,018 $ 7,018 $ 8,774 $ - $ - $ - $ - $ FIRE ENGINEER 53500 615 FFA 3,438 $ 3,619 $ 3,809 $ 4,009 $ 4,220 $ - $ - $ - $ - $

CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective July 06, 2023 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 FIRE INSPECTOR I 51400 626 FFA 2,700 $ 2,842 $ 2,992 $ 3,149 $ 3,315 $ - $ - $ - $ - $ FIRE INSPECTOR II 52400 630 FFA 2,996 $ 3,154 $ 3,320 $ 3,495 $ 3,679 $ - $ - $ - $ - $ FIRE INSPECTOR III 53400 633 FFA 3,238 $ 3,408 $ 3,587 $ 3,776 $ 3,975 $ - $ - $ - $ - $ FIRE MARSHAL 25202 340 MME 4,587 $ 4,587 $ 4,587 $ 4,587 $ 5,733 $ - $ - $ - $ - $ FIREFIGHTER EMT 52500 612 FFA 2,857 $ 3,174 $ 3,341 $ 3,517 $ 3,702 $ 3,897 $ - $ - $ - $ FIREFIGHTER PARAMEDIC 52502 613 FFA 3,200 $ 3,556 $ 3,743 $ 3,940 $ 4,147 $ 4,365 $ - $ - $ - $ FLEET MAINTENANCE SUPERVISOR 25203 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ FLEET SERVICES SPECIALIST 42414 405 CEA 2,043 $ 2,151 $ 2,264 $ 2,383 $ 2,508 $ - $ - $ - $ - $ GIS SPECIALIST I 42406 420 CEA 3,017 $ 3,176 $ 3,343 $ 3,519 $ 3,704 $ - $ - $ - $ - $ GIS SPECIALIST II 44404 424 CEA 3,348 $ 3,524 $ 3,709 $ 3,904 $ 4,109 $ - $ - $ - $ - $ GOLF MAINTENANCE CREW COORDINATOR 44900 409 CEA 2,267 $ 2,386 $ 2,512 $ 2,644 $ 2,783 $ - $ - $ - $ - $ GOLF SUPERVISOR 25218 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ HAZARDOUS MATERIALS COORDINATOR 54501 617 FFA 3,872 $ 4,076 $ 4,290 $ 4,516 $ 4,754 $ - $ - $ - $ - $ HEAVY EQUIPMENT MECHANIC 42800 411 CEA 2,387 $ 2,513 $ 2,645 $ 2,784 $ 2,931 $ - $ - $ - $ - $ HOMELESSNESS RESPONSE MANAGER 26304 318 MME 3,699 $ 3,699 $ 3,699 $ 3,699 $ 4,623 $ - $ - $ - $ - $ HOUSING COORDINATOR 44300 422 CEA 3,177 $ 3,344 $ 3,520 $ 3,705 $ 3,900 $ - $ - $ - $ - $ HOUSING POLICY AND PROGRAMS MANAGER 25301 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ HUMAN RESOURCES ADMINISTRATIVE ASSISTANT I 31700 240 CNF 2,001 $ 2,106 $ 2,217 $ 2,334 $ 2,457 $ - $ - $ - $ - $ HUMAN RESOURCES ADMINISTRATIVE ASSISTANT II 32700 245 CNF 2,106 $ 2,217 $ 2,334 $ 2,457 $ 2,586 $ - $ - $ - $ - $ HUMAN RESOURCES ADMINISTRATIVE ASSISTANT III 33700 257 CNF 2,385 $ 2,510 $ 2,642 $ 2,781 $ 2,927 $ - $ - $ - $ - $ HUMAN RESOURCES ANALYST 21300 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ HUMAN RESOURCES INFORMATION SYSTEM TECHNICIAN 32402 245 CNF 2,106 $ 2,217 $ 2,334 $ 2,457 $ 2,586 $ - $ - $ - $ - $ HUMAN RESOURCES MANAGER 26301 340 MME 4,587 $ 4,587 $ 4,587 $ 4,587 $ 5,733 $ - $ - $ - $ - $ HUMAN RESOURCES SPECIALIST 32401 261 CNF 2,467 $ 2,597 $ 2,734 $ 2,878 $ 3,029 $ - $ - $ - $ - $ INFORMATION SERVICES SUPERVISOR 25204 326 MME 4,001 $ 4,001 $ 4,001 $ 4,001 $ 5,001 $ - $ - $ - $ - $ INFORMATION TECHNOLOGY ASSISTANT 42407 410 CEA 2,327 $ 2,449 $ 2,578 $ 2,714 $ 2,857 $ - $ - $ - $ - $ INFORMATION TECHNOLOGY MANAGER 26001 354 MME 5,256 $ 5,256 $ 5,256 $ 5,256 $ 6,570 $ - $ - $ - $ - $ INFORMATION TECHNOLOGY SECURITY ENGINEER 42413 428 CEA 3,713 $ 3,908 $ 4,114 $ 4,331 $ 4,559 $ - $ - $ - $ - $ INFORMATION TECHNOLOGY SYSTEM ENGINEER 42408 426 CEA 3,525 $ 3,711 $ 3,906 $ 4,112 $ 4,328 $ - $ - $ - $ - $ LABORATORY ANALYST (SBP) 42301 484 CEA 2,627 $ 2,765 $ 2,911 $ 3,064 $ 3,225 $ 3,395 $ 3,574 $ 3,762 $ 3,960 $ LABORATORY MANAGER 26204 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $

CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective July 06, 2023 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 LEAD POLICE RECORDS CLERK 64700 706 POA 2,514 $ 2,646 $ 2,785 $ 2,932 $ 3,086 $ 3,248 $ 3,419 $ - $ - $ LEAD PROPERTY AND EVIDENCE TECHNICIAN 62400 713 POA 2,758 $ 2,903 $ 3,056 $ 3,217 $ 3,386 $ 3,564 $ 3,752 $ - $ - $ LEGAL ANALYST 23314 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ LEGAL ASSISTANT I 31701 240 CNF 2,001 $ 2,106 $ 2,217 $ 2,334 $ 2,457 $ - $ - $ - $ - $ LEGAL ASSISTANT II 32701 245 CNF 2,106 $ 2,217 $ 2,334 $ 2,457 $ 2,586 $ - $ - $ - $ - $ MAINTENANCE CONTRACT COORDINATOR 42303 414 CEA 2,582 $ 2,718 $ 2,861 $ 3,012 $ 3,170 $ - $ - $ - $ - $ MAINTENANCE CREW COORDINATOR 43902 409 CEA 2,267 $ 2,386 $ 2,512 $ 2,644 $ 2,783 $ - $ - $ - $ - $ MAINTENANCE SUPERVISOR 26211 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ MAINTENANCE WORKER I 41900 402 CEA 1,891 $ 1,991 $ 2,096 $ 2,206 $ 2,322 $ - $ - $ - $ - $ MAINTENANCE WORKER II 42913 404 CEA 1,991 $ 2,096 $ 2,206 $ 2,322 $ 2,444 $ - $ - $ - $ - $ MAINTENANCE WORKER II - PARKS 42901 404 CEA 1,991 $ 2,096 $ 2,206 $ 2,322 $ 2,444 $ - $ - $ - $ - $ MAINTENANCE WORKER III 43901 406 CEA 2,100 $ 2,210 $ 2,326 $ 2,448 $ 2,577 $ - $ - $ - $ - $ MAINTENANCE WORKER III - PARKS 43900 406 CEA 2,100 $ 2,210 $ 2,326 $ 2,448 $ 2,577 $ - $ - $ - $ - $ MANAGEMENT FELLOW 36300 252 CNF-C 2,264 $ 2,383 $ 2,508 $ 2,640 $ 2,779 $ - $ - $ - $ - $ MAYOR 18001 110 CCM 1,244 $ - $ - $ - $ - $ - $ - $ - $ - $ MECHANIC HELPER 41800 402 CEA 1,891 $ 1,991 $ 2,096 $ 2,206 $ 2,322 $ - $ - $ - $ - $ MOBILITY SERVICES BUSINESS MANAGER 26303 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ NETWORK SERVICES SUPERVISOR 25206 331 MME 4,200 $ 4,200 $ 4,200 $ 4,200 $ 5,250 $ - $ - $ - $ - $ PARALEGAL I 31702 261 CNF 2,467 $ 2,597 $ 2,734 $ 2,878 $ 3,029 $ - $ - $ - $ - $ PARALEGAL II 32702 266 CNF 2,601 $ 2,738 $ 2,882 $ 3,034 $ 3,194 $ - $ - $ - $ - $ PARKING COORDINATOR 44200 411 CEA 2,387 $ 2,513 $ 2,645 $ 2,784 $ 2,931 $ - $ - $ - $ - $ PARKING ENFORCEMENT OFFICER I 41403 405 CEA 2,043 $ 2,151 $ 2,264 $ 2,383 $ 2,508 $ - $ - $ - $ - $ PARKING ENFORCEMENT OFFICER II 44405 408 CEA 2,209 $ 2,325 $ 2,447 $ 2,576 $ 2,712 $ - $ - $ - $ - $ PARKING METER REPAIR WORKER 42801 407 CEA 2,153 $ 2,266 $ 2,385 $ 2,511 $ 2,643 $ - $ - $ - $ - $ PARKING PROGRAM MANAGER 26205 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ PARKING SERVICES SUPERVISOR 25207 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ PARKS CREW COORDINATOR 44901 471 CEA 2,650 $ 2,789 $ 2,936 $ 3,091 $ 3,254 $ - $ - $ - $ - $ PARKS MAINTENANCE SPECIALIST (SBP) 42902 470 CEA 1,944 $ 2,046 $ 2,154 $ 2,267 $ 2,386 $ 2,512 $ 2,644 $ 2,783 $ 2,929 $ PARKS MAINTENANCE SUPERVISOR 25208 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ PAYROLL ANALYST 22315 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ PAYROLL SPECIALIST 32404 261 CNF 2,467 $ 2,597 $ 2,734 $ 2,878 $ 3,029 $ - $ - $ - $ - $

CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective July 06, 2023 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 PERMIT TECHNICIAN I 41404 402 CEA 1,891 $ 1,991 $ 2,096 $ 2,206 $ 2,322 $ - $ - $ - $ - $ PERMIT TECHNICIAN II 42409 405 CEA 2,043 $ 2,151 $ 2,264 $ 2,383 $ 2,508 $ - $ - $ - $ - $ PERMIT TECHNICIAN III 43405 409 CEA 2,267 $ 2,386 $ 2,512 $ 2,644 $ 2,783 $ - $ - $ - $ - $ PLANNING TECHNICIAN 41405 407 CEA 2,153 $ 2,266 $ 2,385 $ 2,511 $ 2,643 $ - $ - $ - $ - $ PLANS EXAMINER 43403 420 CEA 3,017 $ 3,176 $ 3,343 $ 3,519 $ 3,704 $ - $ - $ - $ - $ POLICE CADET 61500 714 POA 3,334 $ - $ - $ - $ - $ - $ - $ - $ - $ POLICE CHIEF 27007 230 DPH 8,002 $ 8,002 $ 8,002 $ 8,002 $ 10,003 $ - $ - $ - $ - $ POLICE COMMUNITY SERVICE OFFICER 62501 709 POA 2,652 $ 2,792 $ 2,939 $ 3,094 $ 3,257 $ 3,428 $ 3,608 $ - $ - $ POLICE LIEUTENANT 75500 805 PSO 6,114 $ 6,436 $ 6,775 $ 7,132 $ 7,507 $ - $ - $ - $ - $ POLICE OFFICER 62502 720 POA 3,706 $ 3,901 $ 4,106 $ 4,322 $ 4,549 $ 4,788 $ 5,040 $ - $ - $ POLICE PUBLIC AFFAIRS MANAGER 26600 318 MME 3,699 $ 3,699 $ 3,699 $ 3,699 $ 4,623 $ - $ - $ - $ - $ POLICE RECORDS CLERK I 61700 700 POA 2,039 $ 2,146 $ 2,259 $ 2,378 $ 2,503 $ 2,635 $ 2,774 $ - $ - $ POLICE RECORDS CLERK II 62700 703 POA 2,258 $ 2,377 $ 2,502 $ 2,634 $ 2,773 $ 2,919 $ 3,073 $ - $ - $ POLICE RECORDS SUPERVISOR 75201 850 PSO 2,963 $ 3,119 $ 3,283 $ 3,456 $ 3,638 $ 3,829 $ - $ - $ - $ POLICE SERGEANT 74500 800 PSO 4,699 $ 4,946 $ 5,206 $ 5,480 $ 5,768 $ 6,072 $ - $ - $ - $ PRINCIPAL BUDGET ANALYST 26201 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ PROPERTY AND EVIDENCE TECHNICIAN 62503 706 POA 2,514 $ 2,646 $ 2,785 $ 2,932 $ 3,086 $ 3,248 $ 3,419 $ - $ - $ PUBLIC COMMUNICATIONS MANAGER 26114 318 MME 3,699 $ 3,699 $ 3,699 $ 3,699 $ 4,623 $ - $ - $ - $ - $ RANGER SERVICE WORKER (SBP) 42903 470 CEA 1,944 $ 2,046 $ 2,154 $ 2,267 $ 2,386 $ 2,512 $ 2,644 $ 2,783 $ 2,929 $ RECREATION COORDINATOR 44600 408 CEA 2,209 $ 2,325 $ 2,447 $ 2,576 $ 2,712 $ - $ - $ - $ - $ RECREATION MANAGER 26206 313 MME 3,526 $ 3,526 $ 3,526 $ 3,526 $ 4,406 $ - $ - $ - $ - $ RECREATION SUPERVISOR 25209 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ RISK MANAGER 26306 340 MME 4,587 $ 4,587 $ 4,587 $ 4,587 $ 5,733 $ - $ - $ - $ - $ SAFETY MANAGER 23300 313 MME 3,526 $ 3,526 $ 3,526 $ 3,526 $ 4,406 $ - $ - $ - $ - $ SENIOR ACCOUNTANT 24300 310 MME 3,424 $ 3,424 $ 3,424 $ 3,424 $ 4,280 $ - $ - $ - $ - $ SENIOR ADMINISTRATIVE ANALYST 24301 310 MME 3,424 $ 3,424 $ 3,424 $ 3,424 $ 4,280 $ - $ - $ - $ - $ SENIOR CIVIL ENGINEER 24302 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ SENIOR FINANCIAL ANALYST 24304 310 MME 3,424 $ 3,424 $ 3,424 $ 3,424 $ 4,280 $ - $ - $ - $ - $ SENIOR HUMAN RESOURCES ANALYST 22305 310 MME 3,424 $ 3,424 $ 3,424 $ 3,424 $ 4,280 $ - $ - $ - $ - $ SENIOR LEGAL ANALYST 24306 310 MME 3,424 $ 3,424 $ 3,424 $ 3,424 $ 4,280 $ - $ - $ - $ - $ SENIOR PAYROLL ANALYST 23301 310 MME 3,424 $ 3,424 $ 3,424 $ 3,424 $ 4,280 $ - $ - $ - $ - $

CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective July 06, 2023 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 SENIOR PLANNER 24303 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ SIGNAL AND STREET LIGHTING TECHNICIAN 42802 416 CEA 2,718 $ 2,861 $ 3,012 $ 3,171 $ 3,338 $ - $ - $ - $ - $ SOLID WASTE AND RECYCLING COORDINATOR 44301 421 CEA 3,096 $ 3,259 $ 3,431 $ 3,612 $ 3,802 $ - $ - $ - $ - $ SOLID WASTE AND RECYCLING PROGRAM MANAGER 26118 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ STORMWATER CODE ENFORCEMENT OFFICER 44502 419 CEA-C 2,940 $ 3,095 $ 3,258 $ 3,429 $ 3,609 $ - $ - $ - $ - $ STREETS CREW COORDINATOR 44902 471 CEA 2,650 $ 2,789 $ 2,936 $ 3,091 $ 3,254 $ - $ - $ - $ - $ STREETS MAINTENANCE OPERATOR (SBP) 42904 470 CEA 1,944 $ 2,046 $ 2,154 $ 2,267 $ 2,386 $ 2,512 $ 2,644 $ 2,783 $ 2,929 $ STREETS MAINTENANCE SUPERVISOR 25210 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ SUPERVISING ACCOUNTING ASSISTANT 45200 408 CEA 2,209 $ 2,325 $ 2,447 $ 2,576 $ 2,712 $ - $ - $ - $ - $ SUPERVISING ADMINISTRATIVE ASSISTANT 45201 408 CEA 2,209 $ 2,325 $ 2,447 $ 2,576 $ 2,712 $ - $ - $ - $ - $ SUPERVISING BUILDING INSPECTOR 25200 313 MME 3,526 $ 3,526 $ 3,526 $ 3,526 $ 4,406 $ - $ - $ - $ - $ SUPERVISING CIVIL ENGINEER 25211 333 MME 4,284 $ 4,284 $ 4,284 $ 4,284 $ 5,356 $ - $ - $ - $ - $ SUPERVISING FIRE VEHICLE MECHANIC 52800 614 FFA 3,376 $ 3,554 $ 3,741 $ 3,938 $ 4,145 $ - $ - $ - $ - $ SUPERVISING PARKING ENFORCEMENT OFFICER 25400 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ SUPERVISING UTILITY BILLING ASSISTANT 45202 408 CEA 2,209 $ 2,325 $ 2,447 $ 2,576 $ 2,712 $ - $ - $ - $ - $ SUSTAINABILITY AND NATURAL RESOURCES ANALYST 22313 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ SUSTAINABILITY AND NATURAL RESOURCES OFFICIAL 26110 340 MME 4,587 $ 4,587 $ 4,587 $ 4,587 $ 5,733 $ - $ - $ - $ - $ SUSTAINABILITY MANAGER 25302 318 MME 3,699 $ 3,699 $ 3,699 $ 3,699 $ 4,623 $ - $ - $ - $ - $ SWEEPER OPERATOR 42905 406 CEA 2,100 $ 2,210 $ 2,326 $ 2,448 $ 2,577 $ - $ - $ - $ - $ SYSTEM APPLICATION SPECIALIST 42401 426 CEA 3,525 $ 3,711 $ 3,906 $ 4,112 $ 4,328 $ - $ - $ - $ - $ SYSTEM APPLICATION SPECIALIST CONFIDENTIAL 32403 299 CNF 3,862 $ 4,065 $ 4,279 $ 4,504 $ 4,741 $ - $ - $ - $ - $ TECHNOLOGY PROJECT MANAGER 22308 326 MME 4,001 $ 4,001 $ 4,001 $ 4,001 $ 5,001 $ - $ - $ - $ - $ TOURISM ANALYST 23302 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $ TOURISM MANAGER 25303 318 MME 3,699 $ 3,699 $ 3,699 $ 3,699 $ 4,623 $ - $ - $ - $ - $ TRANSIT COORDINATOR 44406 408 CEA 2,209 $ 2,325 $ 2,447 $ 2,576 $ 2,712 $ - $ - $ - $ - $ TRANSPORTATION MANAGER 26207 333 MME 4,284 $ 4,284 $ 4,284 $ 4,284 $ 5,356 $ - $ - $ - $ - $ TRANSPORTATION PLANNER-ENGINEER I 41301 419 CEA 2,940 $ 3,095 $ 3,258 $ 3,429 $ 3,609 $ - $ - $ - $ - $ TRANSPORTATION PLANNER-ENGINEER II 42302 423 CEA 3,262 $ 3,434 $ 3,615 $ 3,805 $ 4,005 $ - $ - $ - $ - $ TRANSPORTATION PLANNER-ENGINEER III 43302 426 CEA 3,525 $ 3,711 $ 3,906 $ 4,112 $ 4,328 $ - $ - $ - $ - $ UNDERGROUND UTILITIES LOCATOR 42803 409 CEA 2,267 $ 2,386 $ 2,512 $ 2,644 $ 2,783 $ - $ - $ - $ - $ URBAN FOREST SUPERVISOR/CITY ARBORIST 25212 300 MME 3,104 $ 3,104 $ 3,104 $ 3,104 $ 3,880 $ - $ - $ - $ - $

CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective July 06, 2023 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 URBAN FORESTER (SBP) 42906 473 CEA 2,088 $ 2,198 $ 2,314 $ 2,436 $ 2,564 $ 2,699 $ 2,841 $ 2,991 $ 3,148 $ UTILITIES ENGINEER 22309 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ UTILITIES SPECIAL PROJECTS MANAGER 25304 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ UTILITY BILLING ASSISTANT 42702 402 CEA 1,891 $ 1,991 $ 2,096 $ 2,206 $ 2,322 $ - $ - $ - $ - $ VOLUNTEER COORDINATOR 44603 408 CEA 2,209 $ 2,325 $ 2,447 $ 2,576 $ 2,712 $ - $ - $ - $ - $ WASTEWATER COLLECTION SYSTEM OPERATOR (SBP) 42907 480 CEA 2,389 $ 2,515 $ 2,647 $ 2,786 $ 2,933 $ 3,087 $ 3,249 $ 3,420 $ 3,600 $ WASTEWATER COLLECTION SYSTEM SUPERVISOR 25213 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ WATER DISTRIBUTION CHIEF OPERATOR 44903 423 CEA 3,262 $ 3,434 $ 3,615 $ 3,805 $ 4,005 $ - $ - $ - $ - $ WATER DISTRIBUTION SUPERVISOR 25214 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ WATER DISTRIBUTION SYSTEM OPERATOR (SBP) 42908 480 CEA 2,389 $ 2,515 $ 2,647 $ 2,786 $ 2,933 $ 3,087 $ 3,249 $ 3,420 $ 3,600 $ WATER RESOURCE RECOVERY FACILITY CHIEF MAINTENANCE TECHNICIAN 44904 425 CEA 3,435 $ 3,616 $ 3,806 $ 4,006 $ 4,217 $ - $ - $ - $ - $ WATER RESOURCE RECOVERY FACILITY CHIEF OPERATOR 44905 427 CEA 3,619 $ 3,809 $ 4,009 $ 4,220 $ 4,442 $ - $ - $ - $ - $ WATER RESOURCE RECOVERY FACILITY MAINTENANCE TECHNICIAN (SBP) 42909 485 CEA 2,725 $ 2,868 $ 3,019 $ 3,178 $ 3,345 $ 3,521 $ 3,706 $ 3,901 $ 4,106 $ WATER RESOURCE RECOVERY FACILITY OPERATOR (SBP) 42910 485 CEA 2,725 $ 2,868 $ 3,019 $ 3,178 $ 3,345 $ 3,521 $ 3,706 $ 3,901 $ 4,106 $ WATER RESOURCE RECOVERY FACILITY PLANT SUPERVISOR 25215 333 MME 4,284 $ 4,284 $ 4,284 $ 4,284 $ 5,356 $ - $ - $ - $ - $ WATER RESOURCES ASSISTANT 42704 405 CEA-C 2,043 $ 2,151 $ 2,264 $ 2,383 $ 2,508 $ - $ - $ - $ - $ WATER RESOURCES PROGRAM MANAGER 26208 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ WATER RESOURCES TECHNICIAN 42411 415 CEA 2,650 $ 2,789 $ 2,936 $ 3,091 $ 3,254 $ - $ - $ - $ - $ WATER SUPPLY OPERATOR (SBP) 42911 480 CEA 2,389 $ 2,515 $ 2,647 $ 2,786 $ 2,933 $ 3,087 $ 3,249 $ 3,420 $ 3,600 $ WATER TREATMENT PLANT CHIEF MAINTENANCE TECHNICIAN 44906 425 CEA 3,435 $ 3,616 $ 3,806 $ 4,006 $ 4,217 $ - $ - $ - $ - $ WATER TREATMENT PLANT CHIEF OPERATOR 44907 427 CEA 3,619 $ 3,809 $ 4,009 $ 4,220 $ 4,442 $ - $ - $ - $ - $ WATER TREATMENT PLANT OPERATOR (SBP) 42912 485 CEA 2,725 $ 2,868 $ 3,019 $ 3,178 $ 3,345 $ 3,521 $ 3,706 $ 3,901 $ 4,106 $ WATER TREATMENT PLANT SUPERVISOR 25216 333 MME 4,284 $ 4,284 $ 4,284 $ 4,284 $ 5,356 $ - $ - $ - $ - $ WHALE ROCK RESERVOIR SUPERVISOR 25217 323 MME 3,883 $ 3,883 $ 3,883 $ 3,883 $ 4,854 $ - $ - $ - $ - $ YOUTH SERVICES COORDINATOR 44602 412 CEA 2,452 $ 2,581 $ 2,717 $ 2,860 $ 3,010 $ - $ - $ - $ - $ YOUTH SERVICES PROGRAM ASSISTANT 42200 402 CEA 1,891 $ 1,991 $ 2,096 $ 2,206 $ 2,322 $ - $ - $ - $ - $ YOUTH SERVICES PROGRAM SPECIALIST 42600 402 CEA 1,891 $ 1,991 $ 2,096 $ 2,206 $ 2,322 $ - $ - $ - $ - $

Supplemental Employee Salary Schedule
Classification EEO Category EEO Function Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Accessibility and Process Improvement Manager 1 2 9933 333 53.55 $ 53.55 $ 53.55 $ 53.55 $ 66.95 $ - $ - $ - $ - $ Accounting Asssistant I 6 1 941400 400 22.45 $ 23.63 $ 24.86 $ 26.18 $ 27.55 $ Accounting Asssistant II 6 1 9234 402 23.64 $ 24.89 $ 26.20 $ 27.58 $ 29.03 $ - $ - $ - $ - $ Administrative Aide I 5 1 9172 902 16.50 $ 16.91 $ 17.33 $ 17.76 $ 18.20 $ 18.66 $ 19.13 $ 19.61 $ 20.10 $ Administrative Aide II 6 1 9371 906 18.50 $ 18.96 $ 19.43 $ 19.92 $ 20.42 $ 20.93 $ 21.45 $ 21.99 $ 22.54 $ Administrative Assistant III 6 1 943700 405 25.54 $ 26.89 $ 28.30 $ 29.79 $ 31.35 $ - $ - $ - $ - $ Administrative Specialist 5 1 9472 906 18.50 $ 18.96 $ 19.43 $ $ 20.42 19.92 $ 20.93 $ 21.45 $ 21.99 $ 22.54 $ Adult Sports Official 5 6 9265 904 17.50 $ 17.94 $ 18.39 $ 18.85 $ 19.32 $ 19.80 $ 20.30 $ 20.81 $ 21.33 $ Aquatics Specialist* 5 6 9461 908 19.50 $ 19.99 $ 20.49 $ 21.00 $ 21.53 $ 22.07 $ 22.62 $ 23.19 $ 23.77 $ Assistant City Attorney 2 1 9473 997 78.13 $ - $ - $ - $ - $ - $ - $ - $ - $ Childcare Aide Emergency Sub Afternoon* 5 6 91615 970 #REF! #REF! 20.36 $ 20.88 $ 21.40 $ 21.94 $ 22.49 $ 23.05 $ 23.63 $ Childcare Aide Emergency Sub Morning* 5 6 91619 971 #REF! #REF! 24.44 $ 25.05 $ 25.68 $ 26.33 $ 26.99 $ 27.66 $ 28.35 $ Childcare Aide* 5 6 9161 900 #REF! #REF! 16.29 $ 16.70 $ 17.12 $ 17.55 $ 17.99 $ 18.44 $ 18.90 $ Childcare Teacher Emergency Sub Afternoon* 5 6 92625 972 21.88 $ 22.43 $ $ 23.56 22.99 $ 24.15 $ 24.75 $ 25.38 $ 26.01 $ 26.66 $ Childcare Teacher Emergency Sub Morning* 5 6 92629 973 26.25 $ 26.91 $ 27.59 $ 28.28 $ 28.98 $ 29.70 $ 30.45 $ 31.22 $ 32.00 $ Childcare Teacher* 5 6 9262 904 17.50 $ 17.94 $ 18.39 $ 18.85 $ 19.32 $ 19.80 $ 20.30 $ 20.81 $ 21.33 $ Commissioner 6 10 9861 990 80.00 $ - $ - $ - $ - $ - $ - $ - $ - $ Engineering Consultant 3 2 9332 980 50.00 $ 51.56 $ 55.00 $ 65.00 $ 75.00 $ - $ - $ - $ - $ Facilities Aide Farmer's Market 8 2 9292 904 17.50 $ 17.94 $ 18.39 $ 18.85 $ 19.32 $ 19.80 $ 20.30 $ 20.81 $ 21.33 $ Facilities Aide Pool 8 6 9293 904 17.50 $ 17.94 $ 18.39 $ 18.85 $ 19.32 $ 19.80 $ 20.30 $ 20.81 $ 21.33 $ Facilities Assistant 5 6 9264 902 16.50 $ 16.91 $ 17.33 $ 17.76 $ 18.20 $ 18.66 $ 19.13 $ 19.61 $ 20.10 $ Facilities Specialist 5 6 9463 906 18.50 $ 18.96 $ 19.43 $ 19.92 $ 20.42 $ 20.93 $ 21.45 $ 21.99 $ 22.54 $ Facility Host 5 6 9162 900 15.50 $ 15.89 $ 16.29 $ 16.70 $ 17.12 $ 17.55 $ 17.99 $ 18.44 $ 18.90 $ Fire Intern 3 5 9151 902 16.50 $ 16.91 $ 17.33 $ 17.76 $ 18.20 $ 18.66 $ 19.13 $ 19.61 $ 20.10 $ Flood Control Technician 8 2 9287 910 20.50 $ 21.01 $ 21.54 $ 22.08 $ 22.63 $ 23.20 $ 23.78 $ 24.37 $ 24.98 $ GIS Technician 3 2 9231 910 20.50 $ 21.01 $ 21.54 $ 22.08 $ 22.63 $ 23.20 $ 23.78 $ 24.37 $ 24.98 $ Hazardous Materials Team Business Manager 3 5 9651 996 28.00 $ 29.00 $ 30.00 $ - $ - $ - $ - $ $ - - $ Head Childcare Teacher Emergency Sub Afternoon* 5 6 93605 974 24.38 $ 24.99 $ 25.61 $ 26.25 $ 26.91 $ 27.59 $ 28.28 $ 28.99 $ 29.71 $ Head Childcare Teacher Emergency Sub Morning* 5 6 93609 975 29.25 $ 29.99 $ 30.74 $ 31.50 $ 32.30 $ 33.11 $ 33.93 $ 34.79 $ 35.66 $ Head Childcare Teacher* 5 6 9360 908 19.50 $ 19.99 $ 20.49 $ 21.00 $ 21.53 $ 22.07 $ 22.62 $ 23.19 $ 23.77 $ Head Lifeguard* 5 6 9351 904 #REF! 17.94 $ 18.39 $ 18.85 $ 19.32 $ 19.80 $ 20.30 $ 20.81 $ 21.33 $ Human Resources Manager 2 1 926301 340 57.34 $ 57.34 $ 57.34 $ 57.34 $ 71.66 $ - $ - $ - $ - $ Human Resources Specialist 5 1 932401 261 30.84 $ 32.46 $ 34.18 $ 35.98 $ 37.86 $ - $ - $ - $ - $ Intern I 5 1 9111 900 15.50 $ 15.89 $ 16.29 $ 16.70 $ $ 17.55 17.12 $ 17.99 $ 18.44 $ 18.90 $ Intern II 5 1 9211 902 16.50 $ 16.91 $ 17.33 $ 17.76 $ 18.20 $ 18.66 $ 19.13 $ 19.61 $ 20.10 $ Intern III 5 1 9311 904 17.50 $ 17.94 $ 18.39 $ 18.85 $ 19.32 $ 19.80 $ 20.30 $ 20.81 $ 21.33 $ Intern IV 6 1 9411 906 18.50 $ 18.96 $ 19.43 $ 19.92 $ 20.42 $ 20.93 $ 21.45 $ 21.99 $ 22.54 $ IT Assistant Help Desk 5 1 9232 910 20.50 $ 21.01 $ 21.54 $ 22.08 $ 22.63 $ 23.20 $ 23.78 $ 24.37 $ 24.98 $ Landscape Inspector 3 2 9282 914 22.50 $ 23.06 $ 23.64 $ 24.23 $ 24.84 $ 25.46 $ 26.10 $ 26.75 $ 27.42 $ Lead Parking Attendant 8 2 9471 906 18.50 $ 18.96 $ 19.43 $ 19.92 $ 20.42 $ 20.93 $ 21.45 $ 21.99 $ 22.54 $ Laboratory Analyst (SBP) 3 13 942301 484 $ 34.56 32.84 $ 36.39 $ 38.30 $ 40.31 $ 42.44 $ 44.68 $ 47.03 $ 49.50 $ Lifeguard Dock Pay* 5 6 92519 900 15.50 $ 15.89 $ 16.29 $ 16.70 $ 17.12 $ 17.55 $ 17.99 $ 18.44 $ 18.90 $ Lifeguard* 5 6 9251 902 16.50 $ 16.91 $ 17.33 $ 17.76 $ 18.20 $ 18.66 $ 19.13 $ 19.61 $ 20.10 $ Open Space Technician 8 6 9289 902 #REF! 16.91 $ 17.33 $ 17.76 $ 18.20 $ 18.66 $ 19.13 $ 19.61 $ 20.10 $ Key
Blue = P&R Positions * = Classifications that work with children (AB 218 doesn't apply)

Supplemental Employee Salary Schedule
Classification EEO Category EEO Function Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 KeyBlue = P&R Positions * = Classifications that work with children (AB 218 doesn't apply) Parking Ambassador 8 2 9271 904 17.50 $ 17.94 $ 18.39 $ 18.85 $ 19.32 $ 19.80 $ 20.30 $ 20.81 $ 21.33 $ Parking Enforcement Officer 3 2 9266 405 25.54 $ 26.89 $ 28.30 $ 29.79 $ 31.35 $ - $ - $ - $ - $ Parks Maintenance Aide I 8 2 9182 902 16.50 $ 16.91 $ 17.33 $ 17.76 $ 18.20 $ 18.66 $ 19.13 $ 19.61 $ 20.10 $ Parks Maintenance Aide II 8 2 9281 906 18.50 $ 18.96 $ 19.43 $ 19.92 $ 20.42 $ 20.93 $ 21.45 $ 21.99 $ 22.54 $ Rec Cashier* 5 6 9171 900 15.50 $ 15.89 $ 16.29 $ 16.70 $ 17.12 $ 17.55 $ 17.99 $ 18.44 $ 18.90 $ Recording Secretary 6 10 9272 902 16.50 $ 16.91 $ 17.33 $ 17.76 $ 18.20 $ 18.66 $ 19.13 $ 19.61 $ 20.10 $ Recreation Services Leader I 5 6 91600 900 15.50 $ 15.89 $ 16.29 $ 16.70 $ 17.12 $ 17.55 $ 17.99 $ 18.44 $ 18.90 $ Recreation Services Leader II 5 6 92600 904 17.50 $ 17.94 $ 18.39 $ 18.85 $ 19.32 $ $ 20.30 19.80 $ 20.81 $ 21.33 $ Skate Park Ambassador 8 6 9290 906 18.50 $ 18.96 $ 19.43 $ 19.92 $ 20.42 $ 20.93 $ 21.45 $ 21.99 $ 22.54 $ SNAP 3 4 9352 910 20.50 $ 21.01 $ 21.54 $ 22.08 $ 22.63 $ 23.20 $ 23.78 $ 24.37 $ 24.98 $ Special Swim Instructor* 5 6 9369 906 #REF! #REF! 19.43 $ 19.92 $ 20.42 $ 20.93 $ 21.45 $ 21.99 $ 22.54 $ Swim Instructor* 5 6 9263 904 #REF! 17.94 $ 18.39 $ 18.85 $ 19.32 $ 19.80 $ 20.30 $ 20.81 $ 21.33 $ Transit Coordinator 6 2 944406 408 27.61 $ 29.06 $ 30.59 $ 32.20 $ 33.90 $ - $ - $ - $ - $ Tree Care Specialist I 8 2 9192 902 16.50 $ 16.91 $ 17.33 $ 17.76 $ 18.20 $ 18.66 $ 19.13 $ 19.61 $ 20.10 $ Tree Care Specialist II 8 2 9294 906 18.50 $ 18.96 $ 19.43 $ $ 20.42 19.92 $ 20.93 $ 21.45 $ 21.99 $ 22.54 $ Water Quality Lab Aide 3 13 9141 902 16.50 $ 16.91 $ 17.33 $ 17.76 $ 18.20 $ 18.66 $ 19.13 $ 19.61 $ 20.10 $ Youth Sports Official* 5 6 9261 900 15.50 $ 15.89 $ 16.29 $ 16.70 $ 17.12 $ 17.55 $ 17.99 $ 18.44 $ 18.90 $ ** CalPERS Retired Annuitants will be paid in accordance with the Regular and Contract Salary Schedule per CalPERS Rules and Regulations Effective 07/06/2023

Item 6d
Department: Fire
Cost Center: 8502
For Agenda of: 7/11/2023
Placement: Consent
Estimated Time: n/a
FROM: Todd Tuggle, Fire Chief
Prepared By: Nicole Vert, Administrative Analyst
SUBJECT: AUTHORIZE THE PURCHASE OF SELF-CONTAINED BREATHING

APPARATUS

RECOMMENDATION

1. Approve the purchase of Self-Contained Breathing Apparatus in the amount of $463,557.75 from Bauer Compressors, Inc.; and

2. Authorize the Finance Director to execute and issue a Purchase Order upon approval.

POLICY CONTEXT
This action is considered a purchase of goods and in compliance with the City’s Municipal Code Section 3.24.080, which requires Council approval for any purchase in excess of $200,000.

Section 3.24.210 of the City’s Municipal Code allows for evaluation of life-cycle costing, analysis of service and maintenance when determining lowest responsible bidder.

DISCUSSION
Background
Self-Contained Breathing Apparatus (SCBA) are an essential personal protective equipment device worn to provide breathable air in an atmosphere that is immediately dangerous to life and health. They are an integral safety component for Firefighters and are the foundational tool that provide the greatest amount of airway protection from toxic gas and harmful particulates resulting from the fire, allowing firefighters to conduct rescues and suppress fire in an otherwise life-threatening environment.

The National Fire Protection Agency (NFPA), the organization responsible for setting fire safety standards, established a 15-year lifespan for SCBA’s. The Fire Department’s SCBA’s were purchased in 2009 and are at the end of their useful life based on the manufacture date, necessitating replacement. Manufacturers also align their recommended lifecycle with NFPA standards. SCBA’s require annual testing to remain in compliance and to ensure they perform properly while in use.

Item 6d
Bid Award
Staff advertised a Request for Quotes (RFQ) in March 2023. Bauer Compressors and LN Curtis were the two quotes received. Bauer Compressors’ quote is $463,557.75 (Attachment A). While this is $37,586.56 over the quote LN Curtis provided (Attachment B), staff recommends awarding the bid to Bauer Compressors due to subsequent services costs and level of service as detailed below.

The recommended supplier of the units will perform the testing and necessary maintenance throughout the life of the units, as well as all warranty repairs. As the units have a 15-year lifespan, staff requested post purchase service agreements. Only Bauer Compressors, Inc, provided a detailed scope of work (Attachments C and D), which had a 30% lower per unit cost than the informal quote for service testing provided by LN Curtis.

Bauer provided a quote of $85 per unit for annual testing while LN Curtis quoted $110 per unit (Attachment E) Over the life of the SCBA’s, the overall cost to purchase and annually service the equipment through Bauer is expected to be similar to the quote provided by LN Curtis. Staff is will establish a service agreement with the recommended supplier to ensure annual servicing and testing of the SCBA units.

Staff also evaluated the responsiveness and reliability of the vendors. Bauer Compressors have already proven to be quicker to respond and provide more clarity in requested information. Additionally, Bauer Compressors currently services the Fire Department’s air compressor used to re-fill SCBA air bottles and staff have received exceptional service and responsiveness. Furthermore, Bauer is the chosen vendor for several local agencies, including Paso Robles Fire and Emergency Services, Five Cities Fire Authority and Cal Fire/San Luis Obispo County Fire. Staff consulted with these agencies, and they concurred with the satisfaction of Bauer’s service and pricing.

Public Engagement
This item is on the agenda for the July 11, 2023, City Council meeting and will follow all the required posting and notification. Public comment on the item can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to recommended actions in this report, because the actions do not constitute a “Project” under the CEQA Guidelines Sec. 15378.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2023-24
Funding Identified: Yes

Item 6d
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $2500.00 $ $2,500.00
State
Federal
Fees
Other: Public
Safety
Equipment
Replacement
Fund
$600,436.70 $463,557.75 $136,878.95 $0
Total $602,936.70 $463,557.75 $136,878.95 $2,500
The Public Safety Equipment Replacement Fund was established in 2019 to ensure funding is planned and available for replacement of equipment. SCBA’s are a scheduled equipment item in this fund due to the defined and extended lifespan and the critical nature of replacement for the health and safety of the firefighters. The original amount budgeted for the purchase was $320,000. Due to unexpected inflation the eventual cost was much higher. During the 2023-2025 budget planning the Fire Department requested and was granted an increased contribution to the fund, ensuring the health of the fund for continued scheduled purchases The Fire Department’s operating budget under the General Fund includes annual testing and servicing, which will be an ongoing expense associated with this purchase.

ALTERNATIVES

1. Council could choose to deny purchase of SCBA’s. Staff does not recommend this as the current SCBA’s are at their end of useful life, not having current units could be life-threatening and may prevent firefighters from conducting rescues and taking offensive strategies to extinguish fires.

2. Council could deny bid award to the recommended supplier and award the bid to the alternative supplier. Staff does not recommend as Bauer Compressors has proven to the be the more reliable vendor and lifetime costs of the SCBA’s will even out the purchase cost disparity.

ATTACHMENTS
A - Bauer Compressors Quote
B - LN Curtis Quote
C - SLO FD Scope of Work
D - SLO FD Cover Letter
E - LN Curtis post purchase service

Solicitation 2303-002
Notice Requesting Quotes for Self-Contained Breathing
Apparatus (SCBA)
Bid Designation: Public
City of San Luis Obispo
City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 1

Bid 2303-002
Notice Requesting Quotes for Self-Contained Breathing Apparatus (SCBA) Bid Number     2303-002
Bid Title     Notice Requesting Quotes for Self-Contained Breathing Apparatus (SCBA) Bid Start Date  Mar 6, 2023 3:11:18 PM PST
Bid End Date  Mar 31, 2023 2:00:00 PM PDT
Question &
Answer End Date  Mar 24, 2023 2:00:00 PM PDT
Bid Contact     Daniel Clancy
[email protected]
Contract Duration   One Time Purchase
Contract Renewal   Not Applicable
Prices Good for   30 days
Bid Comments Notice Requesting Quotes for Self-Contained Breathing Apparatus (SCBA) All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-appweb/Contractor/register/Login.xhtml ).

All proposals must be received via BidSync by the Department of Finance at or before March 31, 2023, when they will be opened publicly in the City Hall Conference Hearing Room, 990 Palm Street, San Luis Obispo, CA 93401.

The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obipso, 990 Palm Street, San Luis Obispo, CA, 93401.

Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com . Please contact Dan Clancy at [email protected] ; or Nicole Vert at nvert@slocity with any questions.

For technical help with BidSync please contact BidSync tech support at 800-990-9339.

Item Response Form
Item     2303-002--01-01 - Notice Requesting Quotes for Self-Contained Breathing Apparatus (SCBA) Quantity   1 each
Unit Price
Delivery Location          City of San Luis Obispo
Fire Department - Station 1
2160 Santa Barbara St.

San Luis Obispo CA  93401
Qty 1
Description
City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 2
$463,557.75

See attached bid
City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 3

The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.

Telecommunications Device for the Deaf (805) 781-7410.

Notice Requesting Quotes for Self-Contained Breathing Apparatus (SCBA) All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-appweb/Contractor/register/Login.xhtml).

All proposals must be received via BidSync by the Department of Finance at or before March 31, 2023, when they will be opened publicly in the City Hall Conference Hearing Room, 990 Palm Street, San Luis Obispo, CA 93401.

The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obipso, 990 Palm Street, San Luis Obispo, CA, 93401.

Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact Dan Clancy at [email protected]; or Nicole Vert at nvert@slocity with any questions.

For technical help with BidSync please contact BidSync tech support at 800-990-9339.

City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 4

TABLE OF CONTENTS
A. INTRODUCTION......................................................................................................................................... 1 B. PRODUCT SPECIFICATIONS ………………………………………………………………………………………………………………….2 E. GENERAL TERMS AND CONDITIONS ......................................................................................................... 1 F. SPECIAL TERMS AND CONDITIONS....................................................ERROR! BOOKMARK NOT DEFINED.

G. FORM OF AGREEMENT........................................................................................................................... 12 H. INSURANCE REQUIREMENTS............................................................ERROR! BOOKMARK NOT DEFINED.

I. PROPOSAL SUBMITTAL FORMS.................................................................................................................. 8 City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 5

-1-
A. INTRODUCTION
The City of San Luis Obispo Fire Department is requesting quotes from qualified vendors to provide MSA brand Self-Contained Breathing Apparatus with related parts.

B. PRODUCT SPECIFICATIONS
Quantity Product number Description
44 AG1FS443MD2C4LARMSA G1 Adj Swiveling Lumbar Pad with trans fill hose speaker module left chest and pouch right side
90 10175708
G1 45-minute low profile cylinder with air, quick connect and remote connection
58 10156459 G1 Facepiece size medium
4 10156460 G1 Facepiece size Large
4 10158385 G1 Smart Battery Charger Station Kit
15 10148741-SP Rechargeable Battery Pack
1 805078 Ultra-Elite Quick Check Valve Assembly
2 10207542 MSA Rescue air 4500psi new rectus fitting, less cylinder 55 10083875 Tag assembly
1 10158407 RFID Tag writer/reader, G1
1 10186214 RFID Reader,
20 10144231-SP Filter Adapter Assembly G1 Facepiece
9 10149700-SP 4500/5500 Quick connect Coupling
9 96-347-1SS-MSAQCCW Copper Washer
9 1/4M16FHG82 Adapter for Fill Station
E. GENERAL TERMS AND CONDITIONS

PROPOSAL REQUIREMENTS

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

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

Proposal documents shall be submitted electronically via BidSync. However, if you can’t submit electronic please send your bid copy in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 6

-2-
opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening. No FAX submittals will be accepted.

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

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

4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder’s intention and the proposal total will be corrected to conform to the specified unit price.

5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened.

No proposal received after the time specified or at any place other than that stated in the “Notice Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the proposals.

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

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

CONTRACT AWARD AND EXECUTION

8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions” in Section C of these specifications for proposal evaluation and contract award criteria.

City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 7

-3-

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

10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award. The contract shall be made in the form adopted by the City and incorporated in these specifications.

CONTRACT PERFORMANCE

11. The City’s contract terms and conditions that [Contractor/Contractor] will be expected to execute and be bound by are attached hereto as Exhibit A
City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 8

-4-

SPECIAL TERMS AND CONDITIONS

1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer.

2. Sales Tax Reimbursement.

For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues.

Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer.

3. Labor Actions.

In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer.

4. Failure to Accept Contract.

The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made.

6. Supplemental Purchases
Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 7 Contractor Invoices.

The Contractor may deliver either a monthly invoice to the City with attached copies of detail invoices as supporting detail, or in one lump-sum upon completion. 9 Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other Contractors during the contract term.

10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 9

-5-
demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination.

11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City.

12. Start and Completion of Work. Work on this project shall begin immediately after contract execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement.

13. Change in Work. The City reserves the right to change quantities of any item after contract award.

If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor.

14. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package.

City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 10

-6-

1. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award:
a. Issue Request for Quote 3/6/2023
b. Receive proposals 3/23/2023
c. Complete proposal evaluations 3/31/2023
d. Execute contract by 4/7/2023

2. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand.

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

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

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

Word Processing: MS Word
Spreadsheets: MS Excel
Desktop Publishing: InDesign
Virtual Models: Sketch Up
Digital Maps: Geodatabase shape files in
State Plan Coordinate System as
specified by City GIS staff
c. City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate.

ALTERNATIVE PROPOSALS
City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 11

-7-

6. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternative and discuss under what circumstances the City would prefer one alternative to the other(s).

7. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to [number] public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing work-scope tasks.

8. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.

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

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

City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 12

-8-
SECTION I: PROPOSAL SUBMITTAL FORM - SAMPLE
The undersigned declares that she or he has carefully examined [__________] which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full:

BID ITEM:

Total Base Price
Sales tax []
Other
TOTAL $

Delivery of equipment to the City to be within _______ calendar days after contract execution and written authorization to proceed.
q Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.

Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date

E NOTES ON THIS SAMPLE FORM
City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 13
90-120
Bauer Compressors Inc
267 E. Airway Blvd
Livermore, CA 94551
Keith Hodak 714-287-0609
3/28/23
General Liability & Umbrella = A+
Auto & Workers Comp = A
2303-002
$426,260.00

8.75% $37,297.75
$0.00
463,557.75

-9-

REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the present business name: .

Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

Reference No. 1:

Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome

Reference No. 2:

Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome

City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 14
36 years
Los Angeles County Fire Department
Mike Loput
714-595-3005 [email protected]
12605 Osborne St
Pacoima, CA 91331
Bauer worked with LACOFD for 4 years evaluating the MSA G1 SCBA. LACOFD ultimately selected MSA as their SCBA of choice and designed a specificaiton around the MSA G1 product. Bauer assisted LACOFD with Fit Testing, Raido pairing and in-service product tr aining.

LACOFD went live with the MSA G1 product on March 6, 2023.

Total opportunity value $27,178,283.00
Glendale Fire Department
Tyler Richardson
818-548-4028 [email protected]
4410 New York Ave
Glendale, CA 91214
Bauer worked with Glendale FD for 3 years to replace their Draeger SCBA equipment with MSA G1. We provided SCBA equipment for their evaluation. MSA G1 won the field evaluation over Scott and Draeger. We provided department wide training to the end users, as well as set up tech training for the department. In addition, we assisted Glendale FD with inventory of all new equipment into the MSA Firegrid asset manangement system. Product has been in for 1 year.

Total opportunity value: $1,248,874.51

-10-
Reference No. 3
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 15
Corona Fire Department
John Flatebo
951-566-7409 [email protected]
735 Public Safety Way
Corona, CA 92880
Bauer was able to convert Corona FD from Scott SCBA to the MSA G1 SCBA in 2022. We provided demo equipment for department wide SCBA evaluation in early 2022. Demonstrated SCBA tear down for technicians on ease of repair. The MSA G1 SCBA won the evaluation. Bauer provided in service training to the entire department, assisted with inventory of all equipment into MSA Firegrid software. SCBA's have been in service for 2 months.

Total opportunity value: $1,215,000

-11-

STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances.
◼ Do you have any disqualification as described in the above paragraph to declare? Yes q No q
◼ If yes, explain the circumstances.

Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________
Signature of Authorized Proposer Representative
City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 16
3/28/23 Anaheim, CA

-12-
EXHIBIT A : FORM OF AGREEMENT

CITY OF SAN LUIS OBISPO

AGREEMENT FOR PURCHASES OF SERVICES
The City will issue a purchase order for the winning bid under the terms in Exhibit B.

City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 17

-13-
EXHIBIT A [CONTRACTOR’S QUOTE/PROPOSAL]
City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 18

-14-

EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134.

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

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

4. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay.

5. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary.

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

7. Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees.

8. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work.

9. Immigration Act of 1986. The Contractor warrants on behalf of itself and all City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 19

-15-
subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

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

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

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

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

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

15. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City.

16. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 20

-16-
law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (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), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Contractor is a “design professional”, and the Scope of Services require Contractor 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) Contractor shall indemnify, defend and hold harmless the 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 Contractor and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Contractor, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City.

Negligence, recklessness or willful misconduct of any subcontractor employed by Contractor shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Contractor unless adequately corrected by Contractor. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Contractor City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 21

-17-
under this paragraph exceed Contractor’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, Contractor shall meet and confer with other parties regarding unpaid defense costs.
(d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.

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

18. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City’sliability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods.

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

If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor’s surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the terminations thereof.

In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in
City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 22

-18-
the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the work-inprogress in completing the overall work scope.

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

City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 23

-19-

EXHIBIT C

INSURANCE
Without limiting Contractor’s indemnification of City, and prior to commencement of work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the types and amounts described below and in a form that is satisfactory to City.

General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office 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.

Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with 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.

Umbrella or excess liability insurance. [If required to meet higher limits]. Contractor may obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.

Excess insurance. Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor 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 Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the 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.

If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 24

-20-
responsibility of notifying the City immediately in the event of Contractor’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein shall comply 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.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’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.

Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Contractor (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. However, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted to the City, Contractor shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Contractor, but in all other terms consistent with the Contractor’s requirements under this agreement. This provision does not relieve the Contractor of its
contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Contractor under this agreement given the limited scope of work or services provided by the subcontractor. Contractor agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to City for review.

City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.

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, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 25

-21-
Additional insurance. Contractor 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 Work.

City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 26

Question and Answers for Bid #2303-002 - Notice Requesting Quotes for Self-Contained Breathing Apparatus (SCBA)
Overall Bid Questions
There are no questions associated with this bid.

Question Deadline: Mar 24, 2023 2:00:00 PM PDT
City of San Luis Obispo Bid 2303-002
3/6/2023 4:12 PM p. 27

BAUER COMPRESSORS Inc. | 1328 Azalea Garden Road | Norfolk, VA 23502 | U.S.A. | A member of BAUER GROUP Bid 2303-002 Self Contained Breathing Apparatus
Scope of Work
The following shall be performed by Bauer Compressors, Inc at no additional charge except as otherwise noted.

1.0 FIT TESTING
Bauer Compressors shall perform initial fit testing for San Luis Obispo FD at Fire Station # 1 located at 2160 Santa Barbara Avenue, San Luis Obispo, CA 93401. BCI will perform 3 days of fit testing for A, B, & C shifts, and will offer one make up fit testing day that will be mutually agreed upon between Bauer and SLO FD.

2.0 EQUIPMENT DATE OF MANUFACTURE
All SCBA harness shall be built in accordance with the specification. Equipment shall be delivered to SLO FD directly from MSA. All SCBA cylinders shall have a manufacture date no older than three months after receipt of order confirmation from MSA.

3.0 ON SITE ORDER INVENTORY
Bauer will have a team on site to assist with unpacking and uploading equipment inventory into the MSA Firegrid Asset Management System.

4.0 BLUETOOTH RADIO RFID TAG WRITING
Bauer will write all radio information to an RFID Tag to facilitate radio to SCBA pairing.

Each radio has a unique I.D. that will be written to the RFID Tag utilizing the MSA A2 Software.

5.0 INSTALLATION OF MSA QUICK CONNECTS ON BAUER COMPRESSOR SYSTEM
Your current Bauer Compressor is equipped with CGA-347 adapters. The new MSA G1 SCBA will be supplied with a quick connect handwheel. We will remove all CGA-347 adapters and install new MSA QC Adapters.

6.0 IN-SERVICE TRAINING
We will offer three (3) days of in-service training to SLO FD. This can be achieved via a train-the-trainer session, or we can facilitate three separate days of department-wide training to capture each shift. We are open to negotiating what arrangement which works best for SLO FD.

7.0 WARRANTY REPAIRS / TROUBLESHOOTING
All service technicians responsible for performing any service-related work or annual flow testing for SLO FD shall be Bauer Compressor employees. Our hourly service rate is $150 per hour.

7.1 SLO FD will not be charged for parts or labor to repair an SCBA that is covered under a warranty claim by the MSA Issues Resolution Group.

7.2 If an SCBA is marked out of service and requires a service technician to assess a nonwarranty issue, the following charges will be applied: Cost of parts utilized, and labor time to repair the SCBA in 15-minute increments of $37.50.

8.0 FIRST YEAR ANNUAL FLOW TESTING
Bauer Compressors will provide the first year of annual flow testing at no charge. Our normal rate for annual flow testing is $85.00 per Complete SCBA plus a $200 travel fee when the department is more than 100 miles from our Livermore or Anaheim offices. Flow testing will take place at the SLO FD Station # 1. Flow testing will be completed in 1-2 days. Test sheets shall be provided to SLO FD.

BAUER COMPRESSORS Inc. | 1328 Azalea Garden Road | Norfolk, VA 23502 | U.S.A. | A member of BAUER GROUP Date: 5/11/23
San Luis Obispo Fire Department
Battalion Chief Ray Hais
2160 Santa Barbara Street
San Luis Obispo, CA 93401
Chief Hais,
I would like to thank you for the opportunity to introduce myself and Bauer Compressors, Inc. My name is Keith Hodak, I’m the Southern California Regional Sales Manager. I have been employed with Bauer for 26 years. We have two office locations in California, Livermore & Anaheim.

We are most widely known for our high-pressure breathing air compressor systems. However, in California we represent other products lines.
• MSA SCBA, TIC, Gas Detection, Cairns Fire Helmet
• Fire Dex PPE, Boots, Gloves, & Hoods
• Swift Water Rescue Equipment
• Public Safety Diving Equipment
We believe less is more when it comes to our product offering. This philosophy has allowed us to become product experts on all the equipment we provide. I believe honesty and exceptional customer service are critical values we bring to our customers.

We are staffed with 6 Sales Representatives across the state, 10 service technicians between the Northern & Southern CA offices. It should be noted that all (6) Sales Representatives are not just trained as sales staff, we’re all MSA C.A.R.E. Certified to perform annual flow testing, troubleshooting, and warranty repairs on the MSA G1 SCBA.

Bauer has been an authorized MSA Channel Partner since 2006. Since the inception of the MSA G1 SCBA in 2014, Bauer has been the exclusive provider to 95% of the fire departments in San Luis Obispo County.

We have enjoyed a 30-year working relationship with SLO FD. In 2020 we replaced a 25-year-old Bauer Compressor at Station # 1 with a new Bauer UN4S Compressor system.

Our TEAM Concept approach sets us apart from our competition. We don’t have individual defined sales territories; we all work as one unit to ensure we provide the best possible customer support. When your department requires SCBA repairs, in-service training, or assistance implementing new SCBA, our team members will be there to support your department.

We’ve earned the trust of many departments in California to provide MSA G1 SCBA equipment.

Alameda County FD Fresno County FD Kings County FD
Los Angeles County FD Santa Barbara County FD Ventura County FD San Bernardino County FD Los Angeles City FD Glendale FD Paso Robles FD Five Cities FD Rancho Cucamonga FD
Berkley FD Redlands FD Coronado FD
Atascadero FD Cambria FD Morro Bay FD

We will be happy to provide you with a full listing of departments we have sold & serviced the MSA G1 SCBA upon your request.

I would like to thank you for the opportunity to introduce Bauer Compressors. We look forward to continuing a great working relationship with San Luis Obispo Fire Department.

Sincerely,
Keith Hodak
Regional Sales Manager
Bauer Compressors, Inc

1 Vert, Nicole
From: Randy Royal <[email protected]>
Sent: Thursday, April 13, 2023 12:56 PM
To: Vert, Nicole
Cc: Polkow, Matthew; Hais, Ray
Subject: RE: SCBA post purchase
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.

Good afternoon Nicole,
Below are the answers to your questions regarding the Post purchase of your SCBA’s.  Thank you for reaching out.

What is the estimated delivery timeline after order? Lead time is currently about 60 days Will the equipment be ordered new for SLOFD to our specs? Yes all equipment will be new per your requested spec.

Please provide an estimated cost of first year flow charge testing. $110 per unit including testing the mask.

Will you perform an initial fit test with our personnel? Yes, FIT testing will be included free on set up.

Write all RFID Tags for our radios to work with the Bluetooth communications? Yes, there will need to be some programing doe to your current radios. Instructions will be sent to your radio tech.

Will you be on site to assist with unpacking and uploading items the MSA FireGrid Asset Management program? Yes we will have a team on site to assist with he set up Perform in service training on the use of units? We will provide in service training for your department.

Handle all warranty related repairs in house? We can handle all in house repairs through our local service technician.

Randy Royal
Sales Professional
m: 831.535.9541
[email protected]

From: Vert, Nicole <[email protected]>
Sent: Wednesday, April 12, 2023 10:20 AM
To: Randy Royal <[email protected]>

2 Cc: Polkow, Matthew <[email protected]>; Hais, Ray <[email protected]> Subject: SCBA post purchase
Hi Randy,
As we discuss the SCBA purchase we have a few questions prior to ordering.

What is the estimated delivery timeline after order?
Will the equipment be ordered new for SLOFD to our specs? Please provide an estimated cost of first year flow charge testing.

Will you perform an initial fit test with our personnel? Write all RFID Tags for our radios to work with the Bluetooth communications? Will you be on site to assist with unpacking and uploading items the MSA FireGrid Asset Management program?
Perform in service training on the use of units?
Handle all warranty related repairs in house?
We are happy to meet in person if you would like to discus further.

Thank you,
Nicole Vert
pronouns she/her/hers
Administrative Analyst
Fire Department
2160 Santa Barbara Avenue, San Luis Obispo, CA 93401-5240 E [email protected]
T 805.781.7136
slocity.org
Stay connected with the City by signing up for e-notifications

City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: July 11, 2023
TO: Mayor and Council
FROM: Greg Avakian, Parks & Recreation Director
Meghan Burger, Recreation Manager
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 6E - COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE

CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART
Staff received the following questions regarding the Community Partnership Agreement between the City of San Luis Obispo and the San Luis Obispo Museum of Art. The questions are below with staff’s response shown in italics:
1) Page 172 of the packet says: “In addition to the Recreation Manager, a twoyear contract position was funded as part of the 25-27 budget…” Is the reference to 25-27 budget an error?
Yes, this was a typographical error; the position is budgeted as part of the 2023- 2025 Financial Plan.
2) Page 173 of the packet says: “On February 18, 2010, the City entered into an updated Lease Agreement with SLOMA (formerly the San Luis Obispo Art Center and prior to that the San Luis Obispo Art Association) to include terms and provisions to extend the lease term until 2065, specify operational hours and procedures, and construct a new facility on the premises on or before 2025.”
Is it being proposed here that the City of San Luis Obispo give SLOMA additional funding to construct a new facility?
No, this statement was a reference to previous Council actions (2010). The Council Agenda Report from July 20, 2021, makes reference to the Facility Lease Agreement with SLOMA which mentions - within the previous agreement - SLOMA’s intention to construct a new facility on the premises on or before 2025.

The lease agreement states that “The Art Center intends to complete construction of a new building at its own expense, in accordance with the design approved by the City.” At the time, SLOMA was in the midst of a $15 million capital campaign to construct the three-story center as planned, designed, and approved.

Item 6e - Community Partnership Agreement with San Luis Obispo Museum of Art 3) On page 179 of the packet, the contract with SLOMA explains that we will pay them $100K per year for their assistance in coordinating, finding the art, etc.), and then up to $400K for three art installations. It later says we will pay for 40% of the installation. Does that contribution to the art installation come out of the $400K, or is additional funding required?
The 40% is included in the financial allocation of up to $400,000 annually. The funds are allocated to SLOMA as part of the partnership agreement, however not directly transferred until the projects are in process. As noted in 2.2.a (Purchase or Lease of Art) of the partnership agreement, the City will “pay a 40% deposit at the time of contract execution and the remaining due at time of completion.” Similarly, 2.2.b (Installation Costs) of the agreement notes that the City will pay SLOMA “40% towards the costs of installation at the time of contract execution and the remaining due at time of completion.” The reimbursement of qualifying expenses is limited by the agreement which notes that costs shall not exceed $400,000 annually (2.2).
4) The table below (provided on p. 3 of the partnership agreement) specifies that one of the three pieces acquired each year should be in a roundabout.

Is that left over from last year’s contract, and if so, should it be left there? Or should the City give itself more flexibility on the location of the piece? The City has a number of roundabout projects as part of the CIP projects list. Staff’s recommendation is that the City continue to install one roundabout public art piece per year, as was the intention in the City’s previous contract with SLOMA. The amount budgeted for each year is up to $250,000, which has been accounted for in a CIP project for this direct purpose. However, if the full amount is not activated, the City could potentially apply the difference toward a different type of piece that is not in a roundabout, and staff would transfer the funding from the roundabout public art CIP project to fund that piece.

Item 6e
Department: Parks and Recreation
Cost Center: 7001
For Agenda of: 7/11/2023
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks & Recreation Director
Prepared By: Meghan Burger, Recreation Manager
SUBJECT: COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE CITY OF

SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART

RECOMMENDATION
Authorize the Mayor to execute a two-year Community Partnership Agreement with the San Luis Obispo Museum of Art for installation of several public art projects each year.

POLICY CONTEXT
The recommended actions are in accordance with the City’s Major City Goal (MCG) of “Economic Resiliency, Cultural Vitality and Fiscal Sustainability.” The Arts and Cultural District concept (MCG Strategy 1.4) is also one of the hallmarks of the Downtown Concept Plan and in furtherance of the City’s long-standing Public Art Program. Specifically, the City will continue to work with community partners to ensure cultural vitality of the City and will continue to execute the Public Art Master Plan of 2016.

The Public Art Master Plan of 2016 identified “Explore Different Staffing and Community Partnership Models” as Goal 5, with Goal 5.2 recommending that staff “Explore community partnerships for shared resources and programming.”

DISCUSSION
Background
The City of San Luis Obispo enjoys a long-standing public/private partnership with the San Luis Obispo Museum of Art (SLOMA) that stretches back over 50 years. While the relationship and nature of the partnership has supported a wide variety of activities and initiatives in support of the visual arts, a core element has been the City’s lease of a portion of real property at the corner of Monterey Street and Broad Street tangent to Mission Plaza where the museum facility itself is located.

In 2021, the City expanded its partnership with SLOMA to include a Community Partnership Agreement for the purpose of building capacity and expertise in the administration of the City’s Public Art program over the course of a two-year term.

Identified projects included: 1) Downtown Public Art Installations, 2) Roundabout Public Art Installations, and 3) Neighborhood Greenway Installations and that Agreement expires on July 21, 2023.

Item 6e
Over the first two-year Community Partnership Agreement period, July 2021 – July 2023, SLOMA assisted with five installations: Maria Molteni’s Seven Sisters mural installed in November 2021, Anila Agha’s The Greys in Between sculpture installed at the Tank Farm Roundabout in October 2022, and three rotating sculptures on the Mission Plaza Lawn.

Each of these installations have enhanced the partnership between the City and SLOMA as well as increased community and visitor awareness to the museum and the City’s public art program.

On May 19, 2023, SLOMA provided a proposal to the City to continue the Community Partnership Agreement for an additional two-year term for an annual fee of $100,000 (Attachment B).

With the proposed two-year Community Partnership Agreement (Attachment A), the City and SLOMA identified enhancements for SLOMA to undertake to benefit the City’s Public Art Program and those include:
1) Providing SLOMA authority under the new Agreement to use its expertise (as evidence in their proposal, Attachment B, Exhibit A) to select art via sole-source acquisition, as allowed under the City’s Public Art Manual, with final approval of the acquisition delegated by Council to the City Manager; 2) SLOMA to designate its own community advisory groups prior to and throughout the acquisition and installation process for input on pieces; 3) Specifying what the City will fund specifically as part of the approved acquisition and installation; clarifying which expenses the City will not fund; 4) More specifically defining roles and responsibilities for each of the partners, including what should be included in the art installation costs and what is the responsibility of SLOMA;
5) Using updated the City contract template for this Community Partnership.

Current Role of City Departments
As the Draft Agreement highlights, SLOMA will support one part of the public art program.

City staff will continue to support the public art program in a variety of ways. The Recreation Manager will continue to serve as a liaison to SLOMA, as well as continue management of all other sectors of the public art program:
1) Infrastructure management,
2) Maintenance and care of the city’s collection,
3) Coordination of private and voluntary art installations, 4) Coordination of local park activation through the arts and installation of temporary art projects,
a. Utility box program,
5) Advocacy and outreach, and recreational programming.

In addition to the Recreation Manager, a two-year contract position was funded as part of the 25-27 budget and lastly the Volunteer Coordinator will assist with volunteer recruitment for maintenance. Public Works staff continue to maintain shared facility spaces, including the Mission Plaza lawn, manage maintenance when resources allow and provide guidance for installations.

Item 6e
The Community Development team will continue to work with staff on private installations and support SLOMA with necessary permitting for installations impacting traffic or requiring final inspection. The City’s Tourism team will continue to cross-promote art and provide outreach opportunities through the PCC. Finally, the Communications team conducts marketing and promotions of the joint installations, as well as the City’s pieces.

Previous Council or Advisory Body Action
On February 20, 1967, the City Council adopted Resolution No. 367 (1967 Series) in order to allow for the lease of a portion of Mission Plaza to be used for the purposes of operating a museum structure addressed at 1010 Broad Street within a defined premises that is further identified in that 1967 Lease Agreement.

On February 18, 2010, the City entered into an updated Lease Agreement with SLOMA (formerly the San Luis Obispo Art Center and prior to that the San Luis Obispo Art Association) to include terms and provisions to extend the lease term until 2065, specify operational hours and procedures, and construct a new facility on the premises on or before 2025.

On July 20, 2021, Council approved a two-year Community Partnership Agreement with SLOMA.

Public Engagement
Public comment on the item can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.

CONCURRENCE
The City Attorney’s Office, the City’s Risk Manager and the City’s Finance team have reviewed the relevant legal documents associated with the Community Partnership Agreement with SLOMA and have concluded that there are no barriers to the recommendations stated herein. The Executive Director of SLOMA has reviewed and supported the draft agreement.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a "Project" under CEQA Guidelines Sec. 15378.

Item 6e

FISCAL IMPACT
Budgeted: Yes Budget Year: 2023-24
Funding Identified: Yes
Fiscal Analysis:

The Community Partnership Agreement provides for funding in the amount of $100,000 annually ($200,000 total for the two-year term) to SLOMA as compensation for the duties and obligations described therein. In addition, the agreement notes that City will pay up to $400,000 annually ($800,000 total for the two-year term) for the acquisition and installation of a minimum of three different types of public art projects each year, as outlined in the Agreement. The City will use existing project fund balances and new funding awarded in the 2023-25 Capital Improvement Program, to fund these projects.

The 2023-25 Capital Improvement Program (CIP), approved by City Council on June 6, 2023, as part of the 2023-25 Financial Plan, includes a budget of $100,000 in FY 2023- 24, and $100,000 in FY 2024-25 for Annual Public Art Maintenance and Projects: Small Public Art Projects (Project #2000503) for public art services, and supplements carryover funding for the public art projects, which will not exceed $400,000 in FY 2023-24 and in FY 2024-25.

The table below accounts for FY2024-25 funding, consistent with the adopted CIP.

Funding
Sources
Total Budget
Available
(FY2023-24 &
FY2024-25
Current
Funding
Request
(FY2023-
24)
Current
Funding
Request
(FY2024-
25)
Remaining
Balance
Annual
Ongoing
Cost
General Fund
(Downtown
Public Art
Installations)
$422,822 $0 $8,327 $414,495 N/A
Public Art Fund
(Project
#2000503 –
Annual Public
Art Maintenance
& Projects)
$658,401 $250,000 $250,000 $158,401 N/A
Public Art Fund
(Project
#2000532 –
Roundabout
Public Art
Installations)
$491,673 $250,000 $241,673 $0 N/A
Other:

Total $1,572,896 $500,000 $500,000 $572,896 N/A

Item 6e

ALTERNATIVES

1. Do not renew the Community Partnership Agreement with the San Luis Obispo Museum of Art. Not recommended as Council has identified support of cultural arts and community partnerships and implementation of the Public Art master plan as part of the City’s Major City Goal strategies for the 2023-2025 fiscal year.

2. Do not accept the proposal from SLOMA and do require an RFP to select a Community Partner. Not recommended as two-years of a successful Agreement has provided momentum for future expansion of the partnership to continue art installations in a more efficient manner.

ATTACHMENTS
A - Draft Community Partnership Agreement, 2023-2025
B - SLOMA Proposal for Partnership

1 COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE

SAN LUIS OBISPO MUSEUM OF ART FOR PUBLIC ART PROFESSIONAL SERVICES This community partnership agreement ("Agreement") is made and entered into in the City of San Luis Obispo on July 21, 2023 by and between the City of San Luis Obispo, a municipal corporation and charter city, hereinafter referred to as "City", and San Luis Obispo Museum of Art, a non-profit public benefit corporation (501-C3), hereinafter referred to as "SLOMA".

WITNESSETH:

WHEREAS, the City is the legal owner of the property located at 1010 Broad Street in the City of San Luis Obispo as shown on Exhibit A; and
WHEREAS, SLOMA currently leases certain premises from the City located at 1010 Broad Street, which constitutes a portion of certain real property owned by the City within City limits, collectively known as Mission Plaza and identified as San Luis Obispo County Assessor Parcel No. 002-423-006. In furtherance of CITY and SLOMA’s common goals and objectives for public art and education, as described herein, CITY also desires to allow for shared use by SLOMA of the “lawn area” located immediately to the northeast of SLOMA’s existing leased Premises as shown on Exhibit A attached to this Agreement; and
WHEREAS, the City desires to maintain a mutually beneficial relationship with SLOMA as a way to continue to enhance the sense of community through public art for the residents of San Luis Obispo; and
WHEREAS, consistent with adopted City planning documents, including the Downtown Concept Plan, current Major City Goals that focus on economic vitality and tourism serving objectives, the City desires to create a cultural arts district adjacent to the Mission Plaza and anchored by the Museum of Art (as well as by the History Center, Children’s Museum, and forthcoming SLOREP); and
WHEREAS, the City Council established and funded a public art program in 1990 (Resolution No. 6811 (1990 Series)); and
WHEREAS, SLOMA is uniquely qualified to provide the public art services contemplated under this Agreement due to its intimate knowledge of art, unique connection to the arts community, and its long experience producing and providing cultural art exhibits for the benefit of the community; and
WHEREAS, SLOMA is situated to provide technical expertise, artists relationships, project management, communications, and engagement leadership through the acquisition of public art pieces and/or the activation of public spaces through the integration of public art and/or the acquisition of signature art pieces to compliment gateways into the City. SLOMA desires to continue to activate the Mission Plaza lawn and outdoor space through installations, art activities, and educational opportunities; enhancing the City’s cultural arts district; and

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
2 WHEREAS, the City Council recognizes that public art is fundamentally different from most other types of public works in that when selecting public art, the CITY is looking for an individual expression or unique idea, which makes sole source selection and acquisition of completed pieces appropriate means of acquiring public art; and
WHEREAS, to ensure an efficient acquisition process, the City Council has delegated to the City Manager the authority to approve acquisition of public art pieces by SLOMA under this Agreement as set forth in criterion established under this agreement; and WHEREAS, the CITY and SLOMA desire to continue to encourage public art that respects the community’s past and embraces the future in a collaborative, diverse, and equitable fashion; and
WHEREAS, the CITY desires to maintain a mutually beneficial relationship between the CITY and SLOMA as a way to continue to enhance the sense of place and community for residents through the proliferation of public art and education thereof; and WHEREAS, City staff will continue to focus directly on the other equally valuable components of the City’s Public Art program, including support of the local art community, activation of space through art programming and installation, infrastructure or public art maintenance, communications and outreach, policy development and guidance, and support of private development art installation; and
WHEREAS, the CITY has determined that partnerships with community organizations to provide shared services to the community are of great benefit and SLOMA has provided a proposal to the City expressing a desire to support public art installations to mutually benefit both agencies.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. TERM OF AGREEMENT The term of this Agreement shall be for approximately two (2) years commencing on July 21, 2023, and terminating on June 30, 2025.

2. FINANCIAL MANAGEMENT. The CITY and SLOMA agree to a series of terms as outlined below.

2.1. The CITY shall compensate SLOMA $100,000 annually, for a total of $200,000, during the term of this Agreement for the general services it provides under the terms of this agreement.

2.1.a. SLOMA shall invoice the CITY on a biannual basis (for $50,000 each half-year) for this service by no later than July 1 and January 1 each year of this Agreement.

2.1.b. The CITY shall remit payment to SLOMA within thirty (30) days from the date of receipt by CITY of its biannual invoice for general community art services from SLOMA.

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
3 2.2. SLOMA shall make a minimum of three different art acquisitions per year on behalf of the CITY, as defined below. CITY shall pay for purchase or lease of public art pieces facilitated by SLOMA on the City’s behalf under the terms of this agreement. For the length of this agreementsaid costs shall not to exceed $400,000 annually which has been budgeted for the purpose of SLOMA’s facilitated acquisition of three different types of art as follows:

Acquisitions and Installation of Art on Behalf of
the City by SLOMA for each year

MAXIMUM ANNUAL CITY FUNDED
BUDGET
(1) Roundabout Art – one or more per year Up to $250,000 annually (1) Rotating installation on the Mission Plaza
Lawn (Include updates to the platform),
installation and deinstallation – one or
more per year
Up to $75,000 annually
(1) Additional place making installation on
agreed upon location within the City –
one or more per year
Up to $75,000 annually
Table 1.0: Installation Funded Amounts

2.2.a. PURCHASE OR LEASE OF ART: The CITY will purchase or lease the art directly from the artist. SLOMA will coordinate payment and contract signing between CITY and artist, as outlined in EXHIBIT B: AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK. The City will pay a 40% deposit at time of contract execution and the remaining due at time of completion.

2.2.b. INSTALLATION COSTS: As part of this Community Agreement, SLOMA is responsible for the installation of the art and managing costs associated with the installation. SLOMA will provide a separate estimate to the CITY for each of the different installation costs. The City will pay SLOMA a 40% towards the costs of installation at time of contract execution and the remaining due at time of completion. The CITY will reimburse SLOMA for installation costs up to the approved estimated amount once an invoice is provided. For reimbursement, qualifying expenses shall be recorded in addition to the invoice SLOMA provides the CITY.

2.2.b.1. Qualifying expenses are defined as costs directly associated with the installation of the art. Qualifying expenses do not include upgrades to shared space, marketing or private photography costs, travel expenses without prior approval, personal gifts, meals, or gratuities.

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
4 2.2.b.2. Expenses will be reimbursed up to the amount predetermined by City Council and budget direction and confirmed by Recreation Manager prior to purchase. Costs that exceed this cost must be preapproved by City staff.

2.2.b.3. Costs for purchase and or lease of art plus the installation shall not exceed the original quote and shall remain under the amount outlined in Table 1.0.

2.2.c. For each project, CITY OF SAN LUIS OBISPO AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK (Exhibit B) will be completed between the CITY and artist directly.

SLOMA will act as liaison to ensure signatures are collected prior to payment or services.

2.2.d. Upon payment, the art becomes a part of the City’s collection (permanent or temporary) and all rights belong to the CITY as outlined in agreement.

2.2.e. SLOMA may use public art for promotion and is expected to recognize the City as funder and program manager.

3. CITY ROLES AND RESPONSIBILITIES. The City of San Luis Obispo Parks and Recreation Director may authorize periodic modifications, within the scope of financial and/or operational authority, to the Roles and Responsibilities as may deem necessary or appropriate to the partnership between the CITY and SLOMA. Any amendment or modifications to the Roles and Responsibilities shall be in writing and may only be made with the mutual written consent of both parties.

4. SCOPE OF SERVICES
Both parties agree to collaborate on the public art program projects as outlined in the obligations below.

A. CITY OBLIGATIONS
i. The CITY will provide access and guidance to SLOMA relative to the CITY’s Public Art Policies and Procedures Manual.
ii. The CITY will continue to manage the Utility Box Art Program. iii. The CITY will continue to address maintenance needs of the public art program for the current collection of artwork, including artwork installed though the SLOMA/City partnership.
iv. The CITY will continue to manage the private development public art program. v. The CITY will set monthly reoccurring meetings with SLOMA Staff during the two (2) year term.

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
5 vi. In accordance with paragraph 2 of this Agreement, the CITY shall remit quarterly payments to SLOMA during the two (2) year term of this Agreement. vii. The CITY will work with SLOMA regarding payment process to selected Artists as outlined in this Agreement under “Financial Management.” viii. The City will continue to hold and manage the Public Art Fund in its sole discretion.
ix. The City will continue to communicate purchasing limits, which include installation and purchase or lease of art, prior to onset of each project to SLOMA.
x. Contracts for purchase or lease of art will be signed directly between the City and the artist.
xi. The City will provide direction regarding priority locations for art installations xii. City Public Works staff will continue to work with SLOMA regarding installation of art in public spaces, as appropriate and necessary for the nature of each project and in accordance with the CITY’S Public Art policy and the terms of this Agreement.
xiii. City Community Development staff will continue to work with SLOMA to support permitting necessary for installations.
xiv. City Communications staff will continue to promote art installations, joint projects, and the public art program, highlighting SLOMA as valued partners. xv. City Tourism staff will continue to promote Public Art through social media marketing and tourism outreach.
xvi. City staff will continue to notify SLOMA of Mission Plaza and street closures that may impact the Museum prior to non-emergency planned closures. City staff will continue to activate and draw visitors to the Mission Plaza through beautification, outreach, special event permitting and space activation. xvii. City staff will continue to maintain the Mission Plaza Park, restrooms, lighting, and all spaces where Public Art is installed under the terms of this agreement.

B. SLOMA OBLIGATIONS
i. SLOMA will provide coordination of public art for the CITY during the two-year term of this Agreement. Projects shall include the following and are subject to City approval and available funds:

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
6 1. Roundabout Public Art Installations:
a. A minimum of one Roundabout per year. Public art may be installed at additional roundabouts with prior approval from Recreation Manager based on available City
resources. This project is to initiate planning for installation of public art within current or planned City roundabouts.

2. Annual rotating art installation on the Mission Plaza lawn – a minimum of one.

3. A minimum of one additional “ephemeral” project.
ii. SLOMA will work with City staff to define a proposed and maximum budget to be spent on each of these projects. Should the costs for installation exceed the budgeted costs, SLOMA will be responsible for communicating these differences to the CITY prior to exceeding the balance or committing a difference of compensation to vendors. If funds are not available nor approved, SLOMA will have the option to supplement the costs and will be responsible for paying the difference.
a. City fees will only be used to pay for acquisition and/or installation of art
b. Reimbursement for art acquisition and/or installation requires SLOMA to submit a receipt of art and/or installation as outlined under the Agreement “Financial Management” section.
c. For each installation, SLOMA will provide an invoice to define terms of what expenses will be necessitated prior to, during and after the installation.
d. Costs of travel for staff or artists is not reimbursable without prior approval as outlined in proposal.
e. In the event travel expenses will be reimbursed, City will pay hotel rates as recommended in the US General Services
Administration and a per diem as outlined by City policy. f. City fees may not be used pay for: alcohol, meals, personal gifts, travel costs in excess of what was guaranteed in proposal. iii. SLOMA will Acquire or facilitate temporary acquisition of art on behalf of the City by the following process:

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
7 a. City staff (Recreation Manager) and SLOMA will discuss priority areas and ideas for acquisition and installation of public art. b. SLOMA will contact Public Works City staff to discuss challenges, obstacles, opportunities or necessities of installation in the public space.
c. SLOMA will pursue acquisition of art pursuant to the guidance set forth in subsection (iv) below.
d. SLOMA will present potential art piece and location to an ad hoc group that has been preapproved by City staff (to include a variety of input including neighbors to the installation location, any adjacent businesses, local artists, DEI representative, and City staff) e. SLOMA will assist City Staff in the preparation of a sole-source justification memo to be provided to the City Manager with a City Manager Report. The City Manager Report shall explain why the selected art conforms with the guidance set forth in subsection (iv) below.
f. SLOMA will serve as liaison to ensure artist signs and completes an Agreement for Commission of Public Art Work, Exhibit B, with the City and provide all documents to the CITY.
g. SLOMA will recognize the City as owner/lessor of the art in all communications regarding the art.
h. The agreement in place will be made directly between the City and the artist. Any agreement that SLOMA makes directly with the artist shall not interfere with the completion of the City’s contract. i. The City will retain permanent physical ownership of a piece or temporary ownership of a piece and all decisions regarding these pieces shall be made directly with the Recreation Manager. j. SLOMA will provide the City with signed Statement of Authenticity from the artist or a receipt from the artist.
iv. The following criteria and considerations shall guide SLOMA’s process for selecting art on behalf of the City:
a. In recognition of the fact that there are costs incurred by an artist associated with submitting a proposal package, with no guarantee that their efforts will be compensated if their piece is not selected,

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
8 SLOMA shall pursue art pieces that are obtained via negotiated agreement with the artist.
b. SLOMA shall, in their expert discretion, pursue negotiations with artists who are nationally or internationally renowned. c. SLOMA shall pursue art pieces that:
i. Are durable, can withstand the elements and exposure to public spaces, and are resistant to vandalism.
ii. Can reasonably be maintained by the City after conveyance to the City
iii. Enhance the sense of place in the City
iv. Encourage observers to understand each other and the world around them.
v. In managing the installation of selected public art, SLOMA shall:

1. Provide a timeline for completing the steps above and communicate changes to the Recreation Manager

2. Serve as Public Art project liaison between selected Artists and CITY.

3. Secure planning/building permits, as may be required, and works with artist to fabricate artwork.

4. Communicate with City Public Works for all work on the Mission Plaza lawn.

5. Repair any damage to City property during installation.

6. Coordinate with CITY payment schedule to selected Artist.

7. Coordinate and oversee the installation of the approved artwork. vi. All marketing involving artwork paid for by the City will be tagged to the City and City will be given full credit of ownership.
vii. Ribbon Cuttings will be coordinated by SLOMA after working with City staff to coordinate available dates. The City will be invited to present at each ribbon cutting.

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
9 viii. Promotions shall be approved by City staff, including Communications Coordinator or staff delegated thereby, prior to posting. ix. A sign for all art installations will be included in the cost of installation, shall follow City Communications guidelines and shall be approved prior to printing. x. Continue to provide a monthly written update to the Recreation Manager in advance of monthly meetings.

4.1. The CITY Recreation Manager, or staff delegated by Recreation Manager, and SLOMA Staff will meet monthly during the two (2) year term of this Agreement to review the specific public art projects.

5. SHARED USE OF ADJACENT CITY PREMISES. In furtherance of CITY and SLOMA’s common goals and objectives for public art and education, as described above, CITY also desires to allow SLOMA shared use of the lawn area located immediately to the northeast of SLOMA’s existing leased Premises as shown on Exhibit A which is attached hereto and is incorporated herein by reference (the “Shared Use Area”). During the term of this Agreement, SLOMA shall be permitted to install public art exhibits such as sculpture or other art mediums appropriate for an outdoor environment, as well as conduct outdoor educational activities on the Shared Use Area at such times and on such conditions as approved by the CITY.

Installation of any such outdoor public art exhibits shall be subject to the Public Art Policies and Procedures Manual, ensuring all planning and building permits are in place as may be required. Any educational activities or events shall be subject to the standard terms and conditions that would otherwise be applicable with a temporary special events permit issued by City’s Parks and Recreation Department. CITY shall be responsible for normal and customary maintenance and upkeep of the Shared Use Area (e.g., mowing, irrigation, etc.).

SLOMA shall be responsible for maintenance, security, special insurance provisions, and any and all costs whatsoever associated with activities and events that occur under the direction of SLOMA within the Shared Use Area, and with the installation of outdoor art exhibits or sculpture that SLOMA may place within the Shared Use Area. In the event that shared space is damaged during installation or an event in shared space because of actions, or inactions, taken by SLOMA or their contractors, SLOMA will be responsible for costs of repair in compliance with City standards and staff approval.

6. LICENSES AND PERMITS. At all times during the term of this Agreement, SLOMA shall have in full force and effect, all licenses required of it by law for the performance of the Services described in this Agreement. SLOMA shall procure all permits and licenses, pay all charges and fees, and give all notices necessary under this Agreement.

7. COMPLIANCE WITH LAW. SLOMA shall keep itself informed of and shall observe and comply with all applicable State and Federal laws and regulations, and county and City of San Luis Obispo ordinances, regulations and adopted codes, which in any manner affect those employed by SLOMA or in any way affect the performance of the Services pursuant to this Agreement. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
10 SLOMA to comply with this Section. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement.

8. COMPLIANCE WITH INDUSTRY STANDARD. SLOMA shall provide services acceptable to City in strict conformance with the Agreement. SLOMA shall also provide in accordance with the standards customarily called for under this Agreement using the degree of care and skill ordinarily exercised by reputable providers of such services. Where approval by the City, the City Manager, the Mayor, or other representative of City is required, it is understood to be general approval only and does not relieve SLOMA of responsibility for complying with all applicable laws, codes, policies, regulations, and good business practices.

9. INDEPENDENT COMMUNITY PARTNER.

9.1. SLOMA is and shall at all times remain as to the City a wholly independent community partner. The personnel performing the Services under this Agreement on behalf of SLOMA shall at all times be under SLOMA’s exclusive direction and control, except as set forth in this Agreement upon mutual acceptance of the parties. Neither City nor any of its officers, employees, or agents shall have control over the conduct of SLOMA or any of SLOMA’s officers, employees, or agents, except as set forth in this Agreement. SLOMA shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. SLOMA shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.

9.2. No employee benefits shall be available to SLOMA in connection with the performance of this Agreement. Except for the fees paid to SLOMA as provided in the Agreement, City shall not pay salaries, wages, or other compensation to SLOMA for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to SLOMA for injury or sickness arising out of performing services hereunder.

10. PRESERVATION OF CITY PROPERTY. SLOMA shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from SLOMA’s operations, it shall be replaced or restored at SLOMA’s expense. The City’s facilities shall be replaced or restored to a condition as good as when the SLOMA began the work.

11. IMMIGRATION ACT OF 1986. SLOMA warrants on behalf of itself and all subconsultants engaged for the performance of the Services that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the Services hereunder.

12. NON-DISCRIMINATION. In the performance of the Services, SLOMA agrees that it will not engage in, nor permit such subconsultants as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
11 13. INSPECTION. City shall at all times have the right to inspect the work being done under this Agreement and SLOMA shall furnish City with every reasonable opportunity and assistance required for City to ascertain that the Services of the SLOMA are being performed in accordance with the requirements and intentions of this Agreement. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve SLOMA of any of its obligations under the Agreement.

14. RELEASE OF INFORMATION. All information gained by SLOMA in performance of this Agreement shall be considered confidential and shall not be released by SLOMA without City's prior written authorization. SLOMA, its officers, employees, agents, or subconsultants, shall not, without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided SLOMA gives City notice of such court order or subpoena.

SLOMA shall promptly notify City should SLOMA, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless SLOMA is prohibited by law from informing the City of such Discovery. City retains the right, but has no obligation, to represent SLOMA and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is averse to SLOMA in such proceeding, SLOMA agrees to cooperate fully with City and to provide the opportunity to review any response to Discovery requests provided by SLOMA.

However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. OWNERSHIP OF DOCUMENTS. SLOMAshall 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 the Services under this Agreement. SLOMA shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. SLOMA 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.

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
12 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 under this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of SLOMA. With respect to computer files, SLOMA shall make available to the City, at the SLOMA’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. SLOMA 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 SLOMA in the course of providing the Services under this Agreement.

16. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto.

17. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), SLOMA 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 SLOMA’s performance or SLOMA’s failure to perform its obligations under this Agreement or out of the operations conducted by SLOMA, including the City’s passive negligence, except for such loss or damage arising from the sole or active negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from SLOMA’s performance of this Agreement, SLOMA shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. The City shall execute an agreement with each subcontractor (ARTIST) which will include an Indemnification and Defense clause for the ARTIST’s performance or failure to perform its obligations under the agreement.

18. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.

18.1. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon SLOMA at least thirty (30) days prior written notice. Upon receipt of said notice, SLOMA shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

18.2. In the event this Agreement is terminated pursuant to this Section, the City shall pay to SLOMA the actual value of the work performed up to the time of termination, provided that the work

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
13 performed is of value to the City. Upon termination of the Agreement pursuant to this Section, SLOMA will submit an invoice to the City

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

19.1. If SLOMA has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a breach of the Agreement and the City may terminate the Agreement immediately by written notice to SLOMA to said effect (“Notice of Termination”). Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the Agreement except to comply with the obligations upon termination.

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

19.3. The City reserves the right to delay such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall SLOMA be entitled to receive in excess of the not to exceed amount shown in this Agreement.

20. INSURANCE SLOMA shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and made part of this Agreement.

21. SAFETY PROVISIONS. SLOMA shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.

22. PUBLIC AND EMPLOYEE SAFETY. Whenever SLOMA operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees.

23. UNDUE INFLUENCE. SLOMA declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
14 arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from SLOMA, or from any officer, employee or agent of SLOMA, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

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

As required above, before retaining or contracting with any subconsultant for any services under this Agreement, City must consent to such assignment of performance in writing. For City to evaluate such proposed assignment, SLOMA shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between SLOMA and such subconsultant, which shall include an indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from City for such insurance.

24. AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the appropriate review authority according to the City’s Financial Management Manual. SLOMA shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized by the City in advance and in writing.

25. NOTICE. All notices to the Parties hereto under this Agreement shall be in writing and shall be sent either by (i) personal service, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) United States Mail, certified, postage prepaid, return receipt requested. All such notices shall be delivered to the addressee or addressed as set forth below:

To City: Parks and Recreation Department
City of San Luis Obispo
1341 Nipomo St.

San Luis Obispo, CA 93401
To SLOMA: San Luis Obispo Museum of Art
1010 Broad Street
San Luis Obispo, CA 93401

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
15 26. GOVERNING LAW. Any action arising out of this Agreement shall be brought in the Superior Court of San Luis Obispo County, California, regardless of where else venue may lie. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the Parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law.

27. AUTHORITY TO EXECUTE AGREEMENT. Both City and SLOMA do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.

CITY OF SAN LUIS OBISPO SAN LUIS OBISPO MUSEUM OF ART
a municipal corporation and charter city
_________________________________ ______________________________ Derek Johnson, City Manager By: Leann Standish
Its: Executive Director
APPROVED AS TO FORM: SAN LUIS OBISPO MUSEUM OF ART
_____________________________ ______________________________ J. Christine Dietrick, City Attorney By: Barbara Bell
Its: SLOMA Board President

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
16 EXHIBIT A: Proposal from SLO Museum of Art Received on May 3, 2023, page 1 of 2

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
17 EXHIBIT A: Proposal from SLO Museum of Art Received on May 3, 2023, page 2 of 2

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
18 Exhibit B: Agreement for Commission of Public Art Work, (12 pages)

CITY OF SAN LUIS OBISPO

AGREEMENT FOR COMMISSION OF PUBLIC ART WORK
This agreement (Agreement) is made and entered into in the City of San Luis Obispo on ____________[date], by and between the City of San Luis Obispo, a municipal corporation and charter city (CITY) and [Artist](ARTIST) (collectively referred to as the “PARTIES”).

DESCRIPTION OF WORK

1. The ARTIST is a recognized professional artist, and the CITY acknowledges sufficient familiarity with the style and quality of the ARTIST’S work, and; the CITY desires the ARTIST to create an original work of art entitled ________ (“the WORK”) as more fully described in Exhibit A.

SCOPE OF WORK

2. For services rendered herein, the CITY shall pay the ARTIST a sum not to exceed $________ for all work performed during the period beginning ______________through ________________. The ARTIST shall furnish services as described in Exhibit B of this Agreement.

3. Terms and Conditions for Payment are attached in Exhibit C of this Agreement

4. The services to be required of the ARTIST under this Agreement shall be completed in accordance with the Schedule for Completion of the Work as proposed by the ARTIST and approved by the CITY, as described in Exhibit D, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the CITY.

CHANGES IN SCOPE AND ADDITIONAL WORK

5. All changes to the WORK determined to be necessary by the ARTIST or requested by the CITY shall be in writing. For all changes agreed upon by the Parties, this Agreement shall be amended in writing, specifying the agreed upon changes, including but not limited to a description of services, additional budget, payment schedule and timetable.

6. Change requests by the ARTIST shall be submitted to the CITY for further review and approval. No services for which additional compensation will be charged shall be provided by the ARTIST without the prior written authorization by the CITY.

7. The ARTIST may, but shall not be obligated to, agree to a change requested by the City. If the ARTIST does not agree to a City change request, the CITY shall be entitled to terminate the Agreement in accordance with this Agreement and engage another artist to complete the WORK.

RESPONSIBILITIES OF THE ARTIST

8. The ARTIST shall be obligated to perform the services, complete the design, fabrication, and installation of the WORK in substantial conformity with the services described in Exhibit B and shall complete such services in accordance with the schedule set forth in Exhibit C.

9. The ARTIST and the CITY agree that the ARTIST shall retain artistic control of the ARTIST’S services performed under this Agreement, subject only to the limitations imposed in Exhibit B.

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
19 The ARTIST agrees that an essential element of this Agreement is the skill and creativity of the ARTIST.

The ARTIST shall not assign the creative or artistic portions of the WORK to another party for the production of the WORK without the written consent of the CITY. Failure to conform to this provision may be cause for termination of this Agreement, at the sole option of the CITY.

10. The ARTIST shall supply the CITY with (a) a current professional resume, (b) detailed information concerning the materials used in the creation of the WORK, and (c) a detailed maintenance program and schedule for the WORK.

11. The ARTIST shall be responsible for designing the WORK so that it can be constructed without exceeding the approved overall budget for the project.

12. The ARTIST shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in the ARTIST’S WORK.

13. The ARTIST shall provide monthly progress reports and/or deliverables to the CONTRACT ADMINISTRATOR (defined in paragraph 17).

14. If any part of the ARTIST'S WORK depends on proper execution or results of tasks performed by the CITY, or a third party responsible to the CITY, the ARTIST shall, prior to proceeding with his or her WORK, promptly report to the CITY any apparent discrepancies or other defects in such other work which renders it unsuitable for proper execution and results by the ARTIST. Failure of the ARTIST to report a discrepancy or defect shall constitute an acceptance of the CITY'S or third party's performance as fit and proper.

15. If the ARTIST is involved in the execution, fabrication, transportation, inspection and/or installation of an artwork, the following provisions shall apply:
a. The ARTIST shall clean-up CITY property and promptly remove any ARTIST equipment, excess materials etc. from City property as requested by the CITY. b. ARTIST shall meet with the CONTRACT ADMINISTRATOR or other CITY personnel, or third parties as necessary, on all matters connected with carrying out of ARTIST’S services described in Exhibit B. Such meeting shall be held at the request of either party hereto.

RESPONSIBILITIES OF THE CITY

16. The CITY shall designate staff as the CONTRACT ADMINISTRATOR on whose instructions or determinations all Parties may rely on in administration of this Agreement.

17. CITY shall assist ARTIST by placing at ARTIST'S disposal all public information it has available pertaining to the Project.

18. CITY shall arrange for access so that ARTIST may enter upon public and private property as required for ARTIST to perform the services under this Agreement.

19. CITY shall give prompt written notice to ARTIST whenever the CITY observes or otherwise becomes aware of any development that affects the scope or timing of ARTIST'S services.

WARRANTIES/STANDARDS

20. The ARTIST represents and warrants that (a) the design or WORK being commissioned is original; (b) that the ARTIST shall not sell or reproduce the WORK, separate from portfolio reproductions allowed under paragraph 25 of this Agreement, or allow others to do so without the prior written consent of the CITY; (c) at the time of transfer of the WORK to the [CITY], the ARTIST is the sole owner of the WORK and of all rights therein, including copyright trademark and other proprietary rights therein; (d) the ARTIST is and will be the sole creator of the WORK; (e) the ARTIST has and will have full and sufficient right to assign all rights granted herein and to waive all rights relinquished herein; (f) the

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
20 ARTIST is not under any obligation to transfer or sell any of the WORK to a third party; (g) the WORK has not been and will not be published under circumstances which have or will cause a loss of any copyright, trademark or other proprietary rights therein; (h) the WORK does and will not infringe on any patent, copyright, trademark or other proprietary rights, privacy rights or other rights of any third party, nor has any claim (whether or not embodied in a legal action or not) of such infringement been threatened or asserted, nor is such a claim pending, against the ARTIST (or, insofar as the ARTIST is aware, against any entity from which ARTIST has obtained any rights).

21. The ARTIST shall guarantee the WORK to be free from faults of material and workmanship for a period of five (5) years after installation and final acceptance by the CITY. The ARTIST shall deliver the WORK to the CITY free and clear of any liens from any source whatever. These guarantees shall apply only to those aspects of the WORK which is entirely that of the ARTIST or persons responsible to the ARTIST, as installed, and shall not apply to materials or workmanship of projects in which the ARTIST’S work is integrated or combined, or to materials purchased, acquired, or installed by a person or entity not responsible to the ARTIST.

22. The ARTIST shall faithfully perform the services required under this Agreement in accordance with standards of care, skill, training, diligence and judgment provided by highly competent professionals who perform work of a similar nature to the WORK described in this Agreement.

WAIVER OF MORAL RIGHTS

23. As a material part of the consideration provided by the ARTIST under the terms of this Agreement, the ARTIST waives, releases and disclaims any and all rights, demands or claims as may arise at any time and under any circumstances against the CITY, its agents, officers, employees, agents, successors and assigns that the ARTIST may have with respect to the WORK and any and all works of art produced under the terms of this Agreement arising under the federal Visual Artists Rights Act of 1990 (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. section 106A, Cal. Civil Code section 987 et seq., or any other type of moral right protecting the integrity of works of art. The ARTIST expressly agrees that the Work performed hereunder is “Work Made for Hire” under the provisions of 17 U.S.C. section 101. The provisions of this paragraph shall apply to modify the ARTIST’S rights of attribution and integrity as set out in the Visual Artists Rights Act, 17 U.S.C §§ 106A and 113(d) (“VARA”), the California Art Preservation Act, Cal. Civil Code §§ 987 and 989 (“CAPA”), and any rights arising under United States federal or state law or under the laws of another country that convey rights of the same nature as those conveyed under VARA and CAPA, as against the CITY of SAN LUIS OBISPO and its agents, officers, employees, agents, successors and assigns. The CITY has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the WORK, however, the CITY shall provide notice to the ARTIST prior to any modification, change, or destruction of the WORK.

COPYRIGHT AND EXCLUSIVE OWNERSHIP RIGHTS

24. The ARTIST shall not retain ownership of or any right, title or interest in any of the WORK including, but not limited to, in any related trademarks, copyrights, or other proprietary rights or rights of reproduction.
a. [ARTIST hereby irrevocably assigns exclusively to the CITY, and its successors and assigns, all right title and interest in or to the WORK and in the copyright of the WORK, and all extension and renewals thereof in the United States and all foreign countries. The ARTIST hereby waives all moral rights related to each such WORK including, but not limited to, any and all rights of

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
21 identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications. The PARTIES agree that the WORK and all such rights, title and interest in or to the WORK belong to and are being sold and assigned in their entirety to the CITY for whatever uses it desires without any restrictions or obligations or payments to the ARTIST, and that the CITY does and shall at all times own, solely and exclusively, complete and unencumbered, all right and title in and to all of the WORK worldwide, and any modifications thereto and any derivative works based thereon (including, but not limited to, all patent, copyright, trademark, service mark and trade secret rights). The Artist hereby transfers all rights of reproduction, as that term is defined in California Civil Code Section 982, in the Work and the right to reproduce the Work in any manner whatsoever for commercial and noncommercial purposes. Nothing contained herein shall be deemed to constitute a mere license or franchise in the CITY.]
b. ][The CITY hereby authorizes the ARTIST to make, and to authorize the making of photograph reproductions of the WORK for self-promotional, non-commercial, purposes, including use in the ARTIST’S own personal portfolio or website or use in self-promotional mailers provided such mailers are provided at no cost. All such self-promotional materials shall place a copyright notice in a form acceptable to the CITY and include a credit line, unless otherwise requested by the CITY in writing, as follows: “[NAME of WORK], Owned and Commissioned by City of San Luis Obispo.” The CITY has sole discretion to determine whether a use is selfpromotional. The CITY shall provide written notice to the ARTIST if the CITY determines a use does not meet the terms of this section. Upon receipt of such notice, the ARTIST shall immediately cease and desist the use of the reproduction.]

25. The ARTIST agrees that the WORK and services performed under this Agreement shall comply with all applicable patent, trademark and copyright laws, rules, regulations and codes of the United States.

The ARTIST further agrees that the WORK will not utilize any protected patent, trademark or copyright in performance of work under this Agreement unless the ARTIST has obtained proper permission and all releases and other necessary documents. If the ARTIST specifies any material, equipment, process or procedure which is protected, the ARTIST shall disclose such patents, trademarks and copyrights in the construction drawings and technical specifications.

TERMINATION

26. The City shall have the right to terminate this Agreement, with or without cause. The CITY shall give written notice to the ARTIST ten (10) calendar days prior to effective date of the termination. If terminated the ARTIST agrees to cease all work under this Agreement on or before the effective date of such notice. All completed and uncompleted WORK up to the date of receipt of the written notice of termination shall become property of the CITY.

27. If the Agreement is terminated for cause, the notice shall identify the defect for which the Agreement is being terminated and provide the ARTIST an opportunity to cure. If the ARTIST cures the identified defect to the CITY’S satisfaction prior to the effective date of the termination (within ten (10) calendar days of receipt of the notice of termination), the notice of termination shall not go into effect.

28. In the event this Agreement is terminated, due to no fault or failure of performance by the ARTIST, the CITY shall pay the ARTIST based on the percentage of services satisfactorily performed and/or WORK satisfactorily produced at the time of termination. But in no event shall the ARTIST be entitled to receive more than the amount that would be paid to the ARTIST for full performance of the services required by this Agreement. The CITY reserves the right to delay such payment until completion or confirmed abandonment of the project, as may be determined in the CITY’S sole discretion, to permit a full and complete accounting of costs.

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
22 29. If, because of the death, or any other occurrence, it becomes impossible for the ARTIST to render services or perform work under this Agreement, the Agreement shall be deemed terminated.

INSURANCE

30. Artist shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit E attached to and made part of this Agreement.

INDEMNIFICATION AND DEFENSE

31. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), the ARTIST 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 (i) the ARTIST’S performance or ARTIST’S failure to perform its obligations under this Agreement, (ii) out of the operations conducted by ARTIST, including the CITY’S passive negligence, except for such loss or damage arising from the sole or active negligence or willful misconduct of the CITY, (iii) from any noncompliance or violations of applicable laws, ordinances, codes and regulations, and/or (iv) from the performance of the WORK or services under this Agreement which infringes upon any patent, trademark or copyright protected by law. In the event the CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from ARTIST’S performance of this Agreement, the ARTIST shall provide a defense to the CITY Indemnitees or at the CITY’S option, reimburse the CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

CIVIL RIGHTS COMPLIANCE / EQUAL OPPORTUNITY ASSURANCE

32. Every supplier of materials and services and all artists doing business with the CITY shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990, and shall be an equal opportunity employer as defined by Title VII of the Civil Rights Act of 1964 and including the California Fair Employment and Housing Act of 1980. As such, the ARTIST shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, age or sex with respect to hiring, application for employment, tenure or terms and conditions of employment. The ARTIST agrees to abide by all of the foregoing statutes and regulations, and any similar requirements in any ordinances and resolutions of the City of San Luis Obispo.

MISCELLANEOUS

33. INDEPENDENT CONTRACTOR. Artist is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the ARTIST shall at all times be under the ARTIST’S exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of the ARTIST or any of the ARTIST’S officers, employees, or agents, except as set forth in this Agreement. The ARTIST shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. The ARTIST shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner. No employee benefits shall be available to the ARTIST in connection with the performance of this Agreement. Except for the fees paid to the ARTIST as provided in the Agreement, the CITY shall not pay salaries, wages, or other

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF

CITY PROPERTY
23 compensation to the ARTIST for performing the services hereunder for the CITY. The CITY shall not be liable for compensation or indemnification to Artist for injury or sickness arising out of performing services hereunder.

34. RECORDS. The ARTIST shall maintain accurate accounting records and other written documentation pertaining to the costs incurred for this project. Such records and documentation shall be made available to the CITY upon request during the period of this Agreement, and after the term of this Agreement for a period of three (3) years from the date of the final CITY payment for the ARTIST’S services.

35. SUBCONTRACTORS. The ARTIST must secure the prior written approval of the CITY before hiring any subcontractors or other professional associates to perform services or activities covered by this Agreement.

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

37. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the appropriate review authority according to the CITY’S Public Art Policy.

38. SAFETY. The ARTIST shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including all provisions of the Occupational Safety and Health Act of 1979 and all amendments thereto, and all applicable Federal, State, municipal and local safety regulations in performance of all services under this Agreement. If death, serious personal injury, or substantial property damage occurs in connection with the performance of this Agreement, the ARTIST shall immediately notify the Contract Administrator by telephone. The ARTIST shall promptly submit to the CITY a written report, in such form as may be required by the CITY of all accidents which occur in connection with this contract. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of the ARTIST'S subcontractors, if any; (3) name and address of the ARTIST'S liability insurance carrier; and (4) a detailed description of accident and whether any of the CITY'S equipment, tools, material or staff were involved.

39. PRESERVATION OF CITY PROPERTY. The ARTIST shall provide and install suitable safeguards, approved by the CITY, to protect City property from injury or damage. If City property is injured or damaged resulting from ARTIST’S operations, it shall be replaced or restored at ARTIST’S expense. The CITY’S facilities shall be replaced or restored to a condition as good as when the ARTIST began the work.

40. USE OF CITY PROPERTY. The ARTIST shall not use the CITY premises, property (including equipment, instruments and supplies) or personnel for any purpose other than the performance of the ARTIST’S obligations under this Agreement.

41. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the Parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral Agreement, understanding, or representation be binding upon the PARTIES hereto. Each PARTY is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

42. IMMIGRATION ACT OF 1986. The ARTIST warrants on behalf of itself and all subcontractors engaged for the performance of the services that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the services hereunder.

43. NOTICE. All notices to the PARTIES hereto under this Agreement shall be in writing and shall be sent either by (i) personal service, (ii) delivery by a reputable document delivery service which provides a delivery receipt. All such notices shall be delivered to the addressee or addressed as set forth below: