City Council
AGENDA
Tuesday, January 14, 2025, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
**Agenda amended to remove Item 6e from consideration at this meeting. ** Council meetings may be viewed remotely on Channel 20, the City’s YouTube Channel, and on the City’s website under the Public Meeting Agendas web page. Attendees of City Council or Advisory Body meetings are eligible to receive one hour of complimentary parking; restrictions apply, visit Parking for Public Meetings for more details.
INSTRUCTIONS FOR PUBLIC COMMENT:
Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):
Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401.
Email - Submit Public Comments via email to [email protected]. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.
Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to councilmembers, however, submissions received after the deadline may not be processed until the following day.
Public Comment during the meeting:
Meetings are held in-person. To provide public comment during the meeting, you must be present at the meeting location.
Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation must provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at [email protected] or (805) 781-7114.
Pages
1. CLOSED SESSION (4:30 - 5:30 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 at 4:30 p.m. 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 items listed on the Closed Session agenda.
1.c CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9. No. of potential cases:
One.
1.d ADJOURNMENT
The City Council will hold a Regular Meeting on January 14, 2025 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 Regular Meeting of the San Luis Obispo City Council to order.
3. PLEDGE OF ALLEGIANCE
Council Member Mike Boswell will lead the Council in the Pledge of Allegiance.
4. PRESENTATIONS
4.a NATIONAL MENTORSHIP MONTH PROCLAMATION
Mayor Erica A. Stewart will present a proclamation declaring the month of January as "National Mentorship Month".
4.b INTRODUCTION - ECONOMIC DEVELOPMENT AND TOURISM
MANAGER LAURA FIEDLER
Deputy City Manager Greg Hermann will introduce Laura Fiedler, Economic Development and Tourism Manager.
4.c CITY MANAGER REPORT
Receive a brief report from City Manager Whitney McDonald.
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 6f.
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 - DECEMBER 9, 2024, DECEMBER 10, 2024 and DECEMBER 17, 2024 COUNCIL MINUTES
9 Recommendation:
Approve the following minutes of the City Council meeting:
• December 9, 2024 - Special Meeting
• December 10, 2024 - Rescheduled Regular Meeting
• December 17, 2024 - Special Meeting
6.c COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS FOR 2025 23 Recommendation:
Approve the Council Liaison Subcommittee assignments for the 2025 calendar year.
6.d EXECUTE AN AGREEMENT WITH SLOCOG FOR SENATE BILL (SB) 125 GRANT FUNDS AND APPROPRIATE FUNDS TO ASSOCIATED
CAPITAL PROJECTS
29 Recommendation:
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Mayor to execute a cooperative agreement with San Luis Obispo Council of Governments for Senate Bill 125 Funds and the appropriation of funds to associated capital projects”.
1. Authorize the Finance Director to Appropriate $395,000 of SB 125 Grant Funds to Project No. 2000403 to support Battery Electric Bus Charging Infrastructure.
2. Authorize the Finance Director to Appropriate $280,000 of SB 125 Grant Funds to Project No. 2000505 to support the
purchase of six Battery Electric Buses.
3. Authorize the Finance Director to return to Fund Balance $278,521 of Transit Funds currently assigned to Project No. 2000505 to be available to support future Capital or Operational expenses as directed by Council.
4. 6.e APPROVAL OF UPDATED OPERATING AGREEMENT FOR THE
PERFORMING ARTS CENTER
53 *This Item has been removed from consideration at the request of the Foundation for the Performing Arts Center (FPAC), who requested additional time to review the proposed changes and potentially consider other revisions.
6.f AUTHORIZE INCREASE TO LANDSCAPE SERVICE CONTRACTS
FOR ALLWEATHER LANDSCAPE MAINTENANCE & TENNIS
LANDSCAPE
119
Recommendation:
Approve the AllWeather Landscape Maintenance contract
amount of $305,582, inclusive of all prior contract scope amendments totaling $88,800, and authorize the Public Works Director and City Manager to amend the contract up to their purchasing authority in accordance with the City's purchasing policy.
1. Approve the Tennis Landscape contract amount of $742,395, inclusive of all prior contract scope amendments totaling $162,900, and authorize the Public Works Director and City Manager to amend the contract up to their purchasing authority in accordance with the City's purchasing policy.
2. 7. PUBLIC HEARING AND BUSINESS ITEMS
7.a PRESENT THE 2024 POLICE DEPARTMENT STAFFING STUDY (30
MINUTES)
239
Recommendation:
Receive and file the 2024 San Luis Obispo Police Department staffing study final report.
7.b PRESENT THE 2024 PUBLIC WORKS MAINTENANCE DIVISION
STAFFING STUDY (30 MINUTES)
479
Recommendation:
Receive and file the 2024 Public Works Maintenance Division staffing study final report.
7.c 2025-27 BUDGET FOUNDATION (90 MINUTES) 545
Recommendation:
Provide staff with input on the 2025-27 Community Forum and Goal Setting Workshop; and
1. Provide staff with initial input relative to existing Major City Goals; and
2. Review and provide feedback on revised fiscal policies and recommended budget balancing strategies; and
3. Review and discuss the general economic outlook for the 2025- 27 Financial Plan development; and
4. 5. Review the long-range Capital Improvement Plan overview; and Review information about CalPERS Additional Discretionary Payments (ADP) and direct staff to recommend allocation of FY 2023-24 unassigned fund balance to increase the ADP as part of the FY 2024-25 Second Quarter Budget Report.
6. 8. ADJOURNMENT
The next Regular Meeting of the City Council will be held on January 21, 2025 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 Channel: www.youtube.com/CityofSanLuisObispo. 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
December 9, 2024, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
Council Members
Present:
Council Member Emily Francis, Council Member Jan Marx,
Council Member Michelle Shoresman, Vice Mayor Andy Pease, Mayor Erica A. Stewart
City Staff Present: City Manager Whitney McDonald, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________
1. CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on December 9, 2024 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart.
2. PLEDGE OF ALLEGIANCE
Council Member Jan Marx led the Council in the Pledge of Allegiance.
3. PUBLIC COMMENT FOR ITEMS ON THE AGENDA ONLY
Public Comments:
None
---End of Public Comment--
4. PUBLIC HEARING ITEM
4.a RESULTS OF THE NOVEMBER 5, 2024 GENERAL MUNICIPAL
ELECTION
Deputy City Clerk Megan Wilbanks provided a brief staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment--
2 Motion By Council Member Shoresman
Second By Council Member Francis
Adopt Resolution No. 11533 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, reciting the facts of the General Municipal Election held on November 5, 2024, declaring the results and such other matters as provided by law.”
Ayes (5): Council Member Francis, Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart
CARRIED (5 to 0)
5. PRESENTATIONS
5.a RECOGNITION OF OUTGOING COUNCIL MEMBER/VICE MAYOR
ANDY PEASE
Mayor Erica A. Stewart presented Vice Mayor Andy Pease with a Certificate of Recognition for her service as Vice Mayor and a Proclamation for her dedicated public service and commitment to the community while on City Council.
Public Comments:
Brendan Clark
Jim Dantona
Brad Brechwold
---End of Public Comment---
Vice Mayor Pease left the dais.
5.b OATH OF OFFICE FOR MAYOR-ELECT AND COUNCIL MEMBERSELECT City Clerk Teresa Purrington administered the Oath of Office to Mayorelect, Erica A. Stewart, and Council Members-elect, Jan Marx and Michael R. Boswell.
Council Member Boswell joined the Council on the dais.
6. APPOINTMENT
6.a VICE MAYOR APPOINTMENT FOR 2025
City Clerk Teresa Purrington provided the staff report and responded to Council questions.
3 Public Comments:
None
---End of Public Comment---
Motion By Council Member Francis
Second By Council Member Marx
To appoint Council Member Michelle Shoresman to serve as Vice Mayor for a one-year term commencing on December 9, 2024.
7. ADJOURNMENT
The meeting was adjourned at 6:19 p.m. A rescheduled Regular Meeting of the City Council will be held on December 10, 2024 at 5:30 PM. Additionally, the City Council will hold a Special Meeting on December 17, 2024 at 12:00 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: XX/XX/2025
1 Council Minutes
December 10, 2024, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
Council Members
Present:
Council Member Mike Boswell, Council Member Emily Francis, Council Member Jan Marx, Vice Mayor Michelle Shoresman, Mayor Erica A. Stewart
City Staff Present: City Manager Whitney McDonald, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________
1. CALL TO ORDER
A rescheduled Regular Meeting of the San Luis Obispo City Council was called to order on December 10, 2024 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart.
2. PLEDGE OF ALLEGIANCE
Vice Mayor Michelle Shoresman led the Council in the Pledge of Allegiance.
3. PRESENTATIONS
3.a OATH OF OFFICE - ASSISTANT CITY MANAGER, SCOTT COLLINS City Manager Whitney McDonald introduced the new Assistant City Manager, Scott Collins, and City Clerk Teresa Purrington administered the Oath of Office.
3.b CITY MANAGER REPORT
City Manager Whitney McDonald provided a report on upcoming projects.
4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comment:
Gene Nelson
Nicola Manalili
Julia Alber
Tyler Coari
--End of Public Comment--
2 5. CONSENT AGENDA
Item 5f was pulled from the Consent Agenda
Public Comment:
None
--End of Public Comment--
Motion By Vice Mayor Shoresman
Second By Council Member Marx
To approve Consent Calendar Items 5a to 5e and 5g to 5i.
Ayes (5): Council Member Boswell, Council Member Francis, Council Member Marx, Vice Mayor Shoresman, 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 - NOVEMBER 12, 2024 AND NOVEMBER 19, 2024
COUNCIL MINUTES
Approve the following minutes of the City Council:
November 12, 2024 - Rescheduled Regular Meeting
November 19, 2024 - Regular Meeting
5.c APPROVE THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2025 Adopt the proposed 2025 Regular City Council Meeting Schedule with meetings normally held on the first and third Tuesday of every month, with the following exceptions:
1. Reschedule the Regular City Council meeting of January 7 to January 14, 2025; and
2. Cancel the Regular City Council meetings of August 5 and December 16, 2025.
5.d FISCAL YEAR 2023-24 DEVELOPMENT IMPACT FEE ANNUAL
REPORT (AB1600)
Adopt Resolution No. 11534 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, accepting the Fiscal Year 2023-24 Annual Report on Development Impact Fees and make findings related to Impact Fees held longer than five years.”
3 5.e ADOPT A SUPPLEMENTAL SALARY SCHEDULE REFLECTING 2025
MINIMUM WAGE INCREASES
Adopt Resolution No. 11535 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting a Revised Supplemental Salary Schedule” to comply with California State law, requiring a minimum wage of $16.50 per hour effective December 19, 2024.
5.g AUTHORIZATION TO ACCEPT BROADBAND GRANTS FROM THE
CALIFORNIA PUBLIC UTILITIES COMMISSION
1. Adopt Resolution No. 11536 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, accepting Broadband Grants from the California Public Utilities Commission” authorizing the Mayor to accept a Last Mile Federal Funding Account Grant in the amount of $4,863,799 from the California Public Utilities Commission and $20,000 from the California Emerging Technology Fund; and
2. Authorize the Finance Director to appropriate $4,863,799 of awarded grant funding from the California Public Utility Commission (CPUC) to the project account (Spec. 2001063), and $20,000 to the Network Services contract services account once awarded.
5.h AUTHORIZE STAFF TO SUBMIT THREE GRANT APPLICATIONS FOR THE
UPLIFT CENTRAL COAST CATALYST PARTNERSHIP OPPORTUNITY
1. Authorize staff to submit three grant applications, each requesting $250,000, for funding under the Uplift Central Coast Catalyst Partnership Opportunity. The applications will support the following programs: 1) Childcare Grants, 2) Conference Center Project Plan, and 3) DEI Small Business Grant Program; and
2. Authorize the City Manager, or their designee, to execute all related grant documents and approve budget changes necessary to appropriate the grant amount(s) upon notification that the grant(s) have been awarded.
5.i AWARD CONTRACT TO MOTOROLA SOLUTIONS FOR BODY WORN
CAMERA, IN-CAR VIDEO HARDWARE, AND CLOUD SERVICES
1. Authorize the City Manager to award a contract to Motorola Solutions for the purchase of Body Worn Camera and In-Car Video systems; and
2. Authorize a waiver of formal bids and to cooperative purchase the Body Worn and In-Car Video equipment, as allowed under
03.24.060E of the City of San Luis Obispo Municipal Code, using the Sourcewell Contract Purchasing Agreement #042021 between Sourcewell and Motorola Solutions.
4 Pulled from Consent
5.f CONSIDERATION OF THE 2024-25 DIVERSITY, EQUITY, AND
INCLUSION HIGH IMPACT GRANT FUNDING RECOMMENDATIONS
Public Comments:
Tina Clark
Vicki Tamoush
Catuih Campos
Chelsea Ruiz
Anna Duran
Angie Kasprzak
---End of Public Comment---
Motion By Mayor Stewart
Second By Council Member Francis
1. To approve the 2024-2025 DEI High Impact Grant funding allocations in the amount of $150,000; and
2. Authorize the City Manager to execute agreements with each grant recipient
3. Including an added message disclaimer clause to all agreements as presented by City Manager McDonald at the meeting.
Ayes (5): Council Member Boswell, Council Member Francis, Council Member Marx, Vice Mayor Shoresman, and Mayor Stewart
CARRIED (5 to 0)
6. PUBLIC HEARING AND BUSINESS ITEMS
6.a SAN LUIS OBISPO REPERTORY THEATRE LEASE AGREEMENT
Deputy City Manager Greg Hermann and Sustainability & Natural Resources Official Bob Hill provided an in-depth staff report and responded to Council questions.
Public Comments:
Kevin Harris
Chip Visci
---End of Public Comment---
Motion By Council Member Marx
Second By Council Member Francis
Adopt Resolution No. 11537 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, finding that a Lease Agreement with San Luis Obispo Repertory Theatre for certain real property owned by the City located at 610 and 614 Monterey Street, a
5 portion of 972 Nipomo Street, and a portion of City Parking Lot No. 14 is of Public Benefit in accordance with California Government Code Section 53078 and approving the Lease Agreement” to:
1. Find that a 99-year lease serves the public interest of the City of San Luis Obispo by advancing arts and culture, economic development, and other public benefits, in accordance with California Government Code Section 53083; and
2. Approve a 99-year Lease Agreement between the City of San Luis Obispo and the San Luis Obispo Repertory Theatre and authorize the City Manager to execute the agreement.
6.b 2025-27 FINANCIAL PLAN: SETTING THE STAGE & FIRST QUARTER
BUDGET REPORT
Finance Director Emily Jackson and Principal Budget Analyst Riley Kuhn provided an in-depth staff report and responded to Council questions.
Public Comments:
Mimi Phene-McKellar
---End of Public Comment---
ACTION: No action taken on this item.
6.c CONSIDERATION OF INITIATION OF A GENERAL PLAN AMENDMENT,
SPECIFIC PLAN AMENDMENT, AND A MODIFICATION TO AN
EXISTING DEVELOPMENT AGREEMENT (SAN LUIS RANCH LOT 7,
1675 DALIDIO DRIVE, SPEC-0020-2024)
Council Member Marx declared a conflict on this item and recused due to owning property within San Luis Ranch. Council Member Marx left the meeting at 8:37 p.m.
Council Member Francis, Vice Mayor Shoresman and Mayor Stewart noted their Ex Parte Communications regarding the project. Council Member Boswell reported having no Ex Parte Communications.
Community Development Director Timmi Tway, Senior Planner Callie Taylor and Contract Planner John Rickenbach provided an in-depth staff report and responded to Council questions.
The following members of the Applicant Team provided additional details regarding the project: Glen Adamick, Williams Homes, Rachel Kovesdi, Kovesdi Consulting, Brad Brechwald, Wallace Group and Ken Triqueiro, Peoples Self-Help Housing
6 Public Comments:
Chad Ellman
Laura Ivey
Suzie Freeman
Jill Johnson
Steve Delmartini
Audrey Lariz
Jim Dantona
---End of Public Comment---
Motion By Vice Mayor Shoresman
Second By Council Member Francis
Directing staff to begin processing the request for a General Plan Amendment and Specific Plan Amendment to accommodate an additional 276 residential units in place of a previously approved commercial development on Lot 7 of the San Luis Ranch Specific Plan, and
Provide direction regarding the following issue areas to be addressed in the project design and by amendment to the existing Development Agreement: 1) the number of deed-restricted affordable housing units; 2) the timing of construction of the previously-required affordable housing component; 3) potential measures to address ongoing fiscal impacts to the City; 4) the amount and design of tax-generating commercial development; and 5) confirmation of the application of development fees associated with the proposed development.
Ayes (4): Council Member Boswell, Council Member Francis, Vice Mayor Shoresman, and Mayor Stewart
Recused (1): Council Member Marx
CARRIED (4 to 0)
7. LIAISON REPORTS AND COMMUNICATIONS
Mayor Stewart
City/University Quarterly Meeting - Attended St. Patrick's Day planning meeting Regional Economic Action Coalition (REACH) – No report City Selection Committee - No report
7 Performing Arts Center Commission - No report
Visit SLO County Advisory Committee - No report
Whale Rock Commission - No report
Council Member Francis
Cal Poly Campus Planning Committee - No report
Community Action Partnership - No report
Local Agency Formation Commission (LAFCO) - No report Nacimiento Water Project - No report
Council Member Marx
Air Pollution Control District (APCD) - No report
Integrated Waste Management Authority (IWMA) - No report Airport Land Use - No report
Central Coast Clean Energy (3CE) - No report
Vice Mayor Shoresman
California Men's Colony Citizens Advisory Committee - No report Homeless Services Oversight Committee (HSOC) - No report Zone 9 Advisory Committee – meeting December 11th
SLO Climate Coalition Liaison - No report
8. ADJOURNMENT
The meeting was adjourned at 10:48 p.m. The Regular Meeting of the City Council on December 17, 2024 has been cancelled. Instead, the City Council will hold a Special Meeting on December 17, 2024 at 12:00 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.
The next rescheduled Regular Meeting of the City Council will be held on January 14, 2025 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
_________________________
APPROVED BY COUNCIL: XX/XX/2025
1 Council Minutes
December 17, 2024, 12:00 p.m.
Council Hearing Room, 990 Palm Street, San Luis Obispo
Council Members
Present:
Council Member Emily Francis, Council Member Jan Marx,
Council Member Mike Boswell, Vice Mayor Michelle Shoresman, Mayor Erica A. Stewart
City Staff Present: City Manager Whitney McDonald, City Attorney Christine Dietrick, Teresa Purrington, City Clerk
_____________________________________________________________________
1. CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on December 17, 2024 at 12:00 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo, by Mayor Stewart.
2. PUBLIC COMMENT FOR ITEMS ON THE AGENDA ONLY
Public Comment:
None
--End of Public Comment--
3. CITY COUNCIL DISCUSSION ITEM
3.a DISCUSSION ON 2025 COUNCIL LIAISON AND SUBCOMMITTEE ASSIGNMENTS (Estimated Time: 90 minutes)
Mayor Stewart led the discussion regarding the Council Liaison and Subcommittee assignments.
Public Comments:
None
---End of Public Comment---
ACTION: By consensus the Council requested that the draft Council Liaison and Subcommittee assignments be presented for approval at the January 14, 2025 City Council meeting.
2 4. ADJOURNMENT
The meeting was adjourned at 1:54 p.m. The City Council's Regular Meeting on January 7, 2025 has been rescheduled to January 14, 2025 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. Council approved this action on December 10, 2024 during their annual review of the meeting calendar.
_________________________
APPROVED BY COUNCIL: XX/XX/202X
City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: January 14, 2025
TO: Mayor and Council
FROM: Teresa Purrington, City Clerk
VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 6C – COUNCIL LIAISON AND SUBCOMMITTEE ASSIGNMENTS FOR 2025
During the Special meeting on December 17, 2024, there was a question on whether the Memorandum of Understanding (MOU) for the Student Community Liaison Committee (SCLC) required the non-voting City Council Member to rotate between all four Council Members or if one Council Member could be appointed for the full year. After the release of the January 14, 2025 City Council meeting packet, staff received a copy of the MOU for SCLC.
Staff confirmed that the MOU indicates that the City of San Luis Obispo shall have the following voting and a non-voting representatives:
Voting representatives: San Luis Obispo Mayor, San Luis Obispo City Manager, San Luis Obispo Police Chief, and San Luis Obispo Police Public Affairs Manager, or designee.
Non-voting representatives: One City Council representative, or designee.
This means that Council could designate one Council Member to attend the SCLC meetings for a full year instead of having Council Members attend on a rotating basis, which is what has been done in the past.
Item 6c
Department: Administration
Cost Center: 1021
For Agenda of: 1/14/2025
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Teresa Purrington, City Clerk
SUBJECT: COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS FOR 2025
RECOMMENDATION
Approve the Council Liaison Subcommittee assignments for the 2025 calendar year.
POLICY CONTEXT
Council Policies and Procedures and the Advisory Body Handbook prescribe the method of Council Liaison Subcommittee assignments:
The Mayor and Vice Mayor shall submit recommendations to the full Council rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection (CP&P 6.5.2, ABH III, C, 6).
Council Policies and Procedures defines the role, purpose, and attendance of the Council Liaison as:
Council liaisons do not serve as ex-officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. (CP&P
6.1.2) The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. (CP&P 6.1.3) From time to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body but are there rather to create a linkage between the City Council and advisory body. (CP&P 6.1.6)
DISCUSSION
At the October 22, 2024, Special City Council meeting, the Council discussed the process to make the Council Liaison and Subcommittee assignments. At the conclusion of the meeting, it was decided that a special meeting would be held on December 17, 2024, to meet and discuss the 2025 assignments instead of having the Mayor and Vice Mayor make recommendations for consideration by the Council.
Item 6c
On December 17, 2024, the Council held a special meeting where they reviewed and discussed each of the assignment requests. Attachment A, the 2025 Council Liaison and Subcommittee assignments, was the outcome of the meeting.
Public Engagement
This is an administrative item, so no outside public engagement was completed. The City Council did hold a Special Meeting on December 17, 2024, where the public could attend and provide public comment. Public comment can also 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 the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: FY 2023-24
Funding Identified: N/A
Fiscal Analysis:
Funding Sources
Current FY
Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There are no new fiscal impacts associated with the Council Liaison Subcommittee assignments.
ALTERNATIVES
1. Council may make changes to the proposed Council Liaison Subcommittee assignments.
2. Council could direct staff to amend Council’s Policy and Procedures and the Advisory Body Handbook to change how the Liaison and Subcommittee assignments are conducted.
ATTACHMENT
A - Council Liaison Subcommittee Assignments for 2025
COUNCIL SUBCOMMITTEE ASSIGNMENTS 2025
CITY ADVISORY BODIES
Interviews & makes recommendations for
appointments to the full Council.
Facilitates communication between Council and
committees.
2024
CHAIR MEMBER
2025
CHAIR MEMBER
Active Transportation Committee Francis Francis Shoresman Boswell Administrative Review Board Shoresman Shoresman Francis Stewart Architectural Review Commission Francis Francis Boswell Francis Construction Board of Appeals Shoresman Shoresman Marx Shoresman Citizens’ Revenue Enhancement Oversight
Commission Marx Marx Stewart Shoresman
Cultural Heritage Committee Marx Marx Francis Marx
Human Relations Commission Stewart Stewart Stewart Shoresman Investment Oversight Committee
(This is not an advisory committee) Marx Marx Francis Marx Mass Transportation Committee Francis Francis Boswell Stewart Parks & Recreation Commission Shoresman Shoresman Francis Marx Personnel Board Stewart Stewart Stewart Marx
Planning Commission Marx Marx Francis Boswell
Promotional Coordinating Committee Francis Francis Shoresman Boswell Tourism Business Improvement District
Board Pease Pease Shoresman Francis
Tree Committee Francis Francis Boswell Stewart
Housing Authority
(Mayor, by state mandate) Stewart Stewart
SPECIAL PURPOSE
SUBCOMMITTEES
Serves as liaison representative.
2024
MEMBER ALTERNATE
2025
MEMBER ALTERNATE
Cal Poly Campus Planning Committee
(Master Plan) (Quarterly)
Francis Shoresman Shoresman Marx
City/University
(Mayor/Rotation) (Quarterly) Stewart Rotation Stewart Rotation Downtown Association Board (Monthly) Pease Shoresman Shoresman Boswell REACH Stewart Stewart
Mayor’s Advisory Body Quarterly Meeting Stewart Rotation Stewart Rotation Student Community Liaison Committee
(Mayor/Rotation) (Monthly) Stewart Rotation Stewart Rotation
COUNCIL SUBCOMMITTEE ASSIGNMENTS 2025
COUNTY/REGIONAL
Serves as voting representative.
2024
CHAIR MEMBER
2025
MEMBER ALTERNATE
Air Pollution Control District (APCD)
(Quarterly)
Marx Francis Marx Boswell
City Selection Committee
(1-2 times per year)
Stewart Marx Stewart Shoresman
CMC Citizens Advisory Committee (Monthly)
(*2-year term)
Shoresman Pease Stewart Boswell
Community Action Partnership (Monthly) Francis Francis
County Water Resources Advisory
Committee (County Supervisors) (Monthly) Pease Francis Marx Francis Homeless Services Oversight Committee Shoresman Stewart Shoresman Marx Integrated Waste Management Authority
(IWMA) (Monthly)
Marx Shoresman Marx Shoresman
Local Agency Formation Commission
(LAFCO) (Liaison Only) (Monthly)
Francis Pease Boswell Francis
Nacimiento Water Project Francis Shoresman Francis Marx Performing Arts Center Commission
(Mayor/Vice Mayor as alternate) (Quarterly)
Stewart
Johnson
Pease
Hermann
Stewart
McDonald
Shoresman
Hermann
San Luis Obispo Council of Governments
(SLOCOG) (Monthly)
Pease Francis Stewart Francis
San Luis Obispo Regional Transit Authority
(SLORTA) (Monthly)
Pease Francis Stewart Francis
Visit SLO County Advisory Committee Stewart
Johnson
Pease
Hermann
Stewart
McDonald
Shoresman
Hermann
Whale Rock Commission
(Mayor/Vice Mayor serves as alternate) (June & as
needed)
Stewart Pease Stewart Shoresman
Zone 9 Advisory Committee (Monthly) Shoresman Francis Shoresman Francis
AD HOC SUBCOMMITTEE MEMBER ALTERNATE MEMBER ALTERNATE
Airport Land Use Marx Stewart Boswell Francis
SLO Climate Coalition Liaison Shoresman Marx Boswell Shoresman Central Coast Clean Energy (3CE) – Policy
Board Director 1 Marx Stewart Stewart Marx
1 The City of Morro Bay has elected to appoint Council Member Jeff Eckles to serve as the alternate to Mayor Wixon on the Central Coast Clean Energy (3CE) Policy Board. Mayor Stewart and Council Member Marx will work with Mayor Wixon and Council Member Eckles to keep ensure both City Councils are keep up to date on items on the 3CE agendas.
City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: January 14, 2025
TO: Mayor and Council
FROM: Matt Horn, Public Works Director
VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 6D - EXECUTE AN AGREEMENT WITH SLOCOG FOR SENATE BILL (SB) 125 GRANT FUNDS AND APPROPRIATE FUNDS TO
ASSOCIATED CAPITAL PROJECTS
Staff received the following questions, regarding the Consent Item to execute an agreement with the San Luis Obispo Council of Governments (SLOCOG) for Senate Bill (SB) 125 grant funds and to appropriate those funds to associated capital projects. The questions are below with staff’s response shown in italics:
1) Is more money needed for the purchase of the six new battery electric buses?
No, the purchase of six battery electric buses was approved by Council in July 2023 using a combination of federal, state, and Transit Fund dollars. Item 6d includes recommended actions to replace previously appropriated Transit Fund dollars with SB 125 funds. SB 125 fund allowable uses are more restricted than Transit Fund dollars, so replacing Transit Fund dollars with SB 125 funds allows the City to potentially use Transit Fund dollars for other operating and/or capital expenses.
2) How many battery electric buses does SLO Transit have now and how many are on order?
SLO Transit currently has two battery electric buses in operation. There is a total of eight battery electric buses on order: six under one purchase order and another two under a separate purchase order. Including the buses already in service, SLO Transit will have a total of 10 electric buses.
Item 6d
Department: Public Works
Cost Center: 5201
For Agenda of: 1/14/2025
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Alex Fuchs, Mobility Services Business Manager SUBJECT: EXECUTE AN AGREEMENT WITH SLOCOG FOR SENATE BILL (SB) 125
GRANT FUNDS AND APPROPRIATE FUNDS TO ASSOCIATED
CAPITAL PROJECTS
RECOMMENDATION
1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Mayor to execute a cooperative agreement with San Luis Obispo Council of Governments for Senate Bill 125 Funds and the appropriation of funds to associated capital projects”; and
2. Authorize the Finance Director to Appropriate $395,000 of SB 125 Grant Funds to Project No. 2000403 to support Battery Electric Bus Charging Infrastructure; and
3. Authorize the Finance Director to Appropriate $280,000 of SB 125 Grant Funds to Project No. 2000505 to support the purchase of six Battery Electric Buses; and
4. Authorize the Finance Director to return to Fund Balance $278,521 of Transit Funds currently assigned to Project No. 2000505 to be available to support future Capital or Operational expenses as directed by Council.
POLICY CONTEXT
The Transit Services Program within the Mobility Services Division of the Public Works Department oversees operation of SLO Transit, the City’s local public transit system.
Transit is one of four enterprise funds within the City and generates revenue to cover costs. The City’s Transit Fund relies on federal and state grant opportunities to fund both operating and capital costs of services. Senate Bill (SB) 125 administers two grant programs that provide funding for transit capital projects. Staff submitted requests and funding was approved for four existing capital projects1.
Financial Management Manual Policy 740 requires that the City Council approve grant applications greater than or equal to $5,000. However, due to the often limited time given to apply for grants and the Transit program’s heavy reliance on grants to fund operations and capital projects, in 2022 City Council adopted Resolution No. 113302 authorizing the
1 Project No. 2000505 – 6 Battery Electric Buses, Project No. 2000403 – Battery Electric Charging Infrastructure, Project No. 2000404 – Auto Vehicle Locator System Replacement, Project No. 200401 – On-bus Security Camera System Replacement.
2 R-11330 (2022 Series) Authorizing the Director of Public Works to apply for future funding opportunities that benefit the City’s Transit Program
Item 6d
Public Works Director to apply for future transit related funding opportunities and to execute related documents on behalf of the City.
The projects are consistent with the City’s adopted 2023-25 Financial Plan Major City Goal for Climate Action, Open Space, & Sustainable Transportation, the City’s Climate Action Plan, SLO Transit’s Zero-Emission Rollout Plan, and the recommendations in SLO Transit’s Transit Innovation Study.
Staff recommends adopting a draft Resolution, Attachment A, authorizing the Mayor to execute a cooperative agreement with SLOCOG for SB 125 funds and to appropriate said funds to the associated capital projects.
DISCUSSION
Background
In 2014, the State of California’s Legislature passed Senate Bill (SB) 862 which created the Transit and Intercity Rail Capital Program (TIRCP). The purpose of TIRCP is to fund transformative capital improvements that will modernize California’s rail, bus, and ferry systems to significantly reduce emissions of greenhouse gases, vehicle miles traveled, and congestion.
Assembly Bill (AB) 102 and SB 125 amended the Budget Act of 2023 to provide funds for TIRCP as well as provide funds to establish the Zero-Emission Transit Capital Program (ZETCP). ZETCP was created to support the purchase of zero emission buses and associated charging infrastructure and facility improvements. SB 125 also created specific categories as to how funds are distributed to Regional Transportation Planning Agencies (RTPA) using a population-based formula. San Luis Obispo Council of Governments (SLOCOG) is the Regional Transportation Planning Agency (RTPA) for San Luis Obispo County.
In October 2023, SLOCOG staff released a call for projects to all eligible agencies (the Cities of Atascadero, Morro Bay, and San Luis Obispo as well as SLOCOG and the Regional Transit Authority). City staff submitted four project requests for funding. Table 1 lists the projects, funding requested, and associated Capital Improvement Plan (CIP) project information. In total, staff requested $1.55 million for (1) funding for battery electric buses, (2) charging infrastructure, (3) on-bus camera system replacement, and (4) auto vehicle locator system replacement. In December 2023, SLOCOG’s board approved all requested project funding submitted by the City. Attachment B is a copy of the SLOCOG staff report approving the requested projects funding.
Item 6d
Table 1 – SB 125 Funding by Project
CIP
Project No. Project Name Funding Amount
2000404 Auto Vehicle Locator System
Replacement $ 130,000
2000403 Battery Electric Charging
Infrastructure $ 395,000
2000401 On-bus Security Camera
System Replacement $ 750,000
2000505 6 Battery Electric Buses $ 280,000
Total $ 1,555,000
Cooperative Agreement
SB 125 authorizes RTPAs to request use and disbursement of TIRCP and ZETCP funding for transit capital projects. As a condition of ongoing disbursements of requested funds, RTPAs must submit to the California State Transportation Agency (CalSTA) reports documenting activities and progress toward project implementation. Execution of a cooperative agreement between SLOCOG and the City is necessary to ensure project activities and disbursements occur timely and in accordance with SB 125 requirements.
Attachment C is a final draft of the SB 125 cooperative agreement between the City and SLOCOG.
Appropriation of Funds to Associated Capital Projects
Included in staff’s recommendations are two requested appropriations of funds to support expenditures of these grants and returning obligated funds from a project to fund balance to support future transit needs.
Specifically, staff is request that Council authorize the Finance Director to appropriate $395,000 of SB 125 Grant Funds to Project No. 2000403 for battery electric charging infrastructure and $280,000 to Project No. 2000505 to support the purchase of six battery electric buses. This action will preserve $278,521 of Transit Funds that can be returned to Fund Balance and doing so will preserve Transit Fund dollars and prioritizes use of grant funds for capital projects. Specific project funding can be found in the Fiscal Impact Section of this report.
SB 125 dollars for Project No. 2000401 (On-bus Security Camera System Replacement) and Project No. 2000404 (Auto Vehicle Locator System Replacement) were approved with the adoption of the FY 2024-25 Supplemental Budget. Grantors, like SLOCOG, typically require projects associated with funding requests to be identified in the respective agency’s capital improvement plan. These two projects were not included the City’s Capital Improvement Plan (CIP) at the time the funding requests were submitted, so staff committed to adding these projects as part of the Supplemental budget adoption.
Item 6d
Previous Council Action
1. June 4, 2024 – Council adopted the FY 2024-25 Supplemental Budget including updates to the Capital Improvement Plan (CIP).
2. March 5, 2024 – Council adopted SLO Transit’s Zero-Emission Rollout Plan as required by California’s Air Resources Board.
3. January 23, 2024 – Council received and filed Transit Innovation Study and directed staff to finalize the report and begin implementation.
4. June 6, 2023 – Council adopted the 2023-25 Financial Plan and FY 2023-24 Budget which includes the Climate Action, Open Space, and Sustainable Transportation Major City Goal.
Public Engagement
This is an administrative item, so no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.
CONCURRENCE
SLOCOG staff concurs with the recommended action in this report. The City Attorney’s office has reviewed and approves the form of the cooperative agreement.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended actions in this report, because the action does not constitute a “Project” under CEQA Guidelines Section 15378. Capital projects funded by the Senate Bill (SB) 125 grant funds must comply with state and local laws including environmental review or finding of exemption.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2024-25
Funding Identified: Yes
Fiscal Analysis:
Appropriation and use of SB 125 Grant Funds has a positive impact on the Transit Fund allowing for four separate Capital Improvement Plan projects to move forward and preserves $278,521 in previously appropriated Transit Fund dollars for use on future Transit Fund needs.
Item 6d
Project No. 2000403 (Battery Electric Bus Charging Infrastructure) LCTOP Grant SB 125 Grant Total Project
Budget
Current Fund
Amount $ 304,300 $ 0 $ 304,300
Proposed
Transfers $ 0 $ 395,000
Post Transfer
Amount $ 304,300 $ 395,000 $ 699,300
The recommended action in this report appropriates $395,000 in SB 125 funds to Project No. 2000403 for the purchase and installation of battery electric charging infrastructure.
Doing so, increases the available project budget to $699,300.
Project No. 2000505 (6 Battery Electric Buses)
FTA
5339(b)
Grant
FTA 5307
Grant TDA Funds Transit Fund
SB 125
Grant
Total
Project
Budget
Current
Fund
Amount
$ 4,799,978 $ 506,296 $ 1,326,569 $ 693,203 $ 0 $ 7,326,046 Proposed
Transfers $ 0 $ 0 $ 0 $ (278,521) $ 280,000
Post
Transfer
Amount
$ 4,799,978 $ 506,296 $ 1,326,569 $ 414,682 $ 280,000 $ 7,327,525 The recommended action in this report also appropriates $280,000 in SB 125 funds to Project No. 2000505 for the purchase of battery electric buses which will replace $278,521 in previously appropriated Transit Fund dollars. Doing so, preserves Transit Fund working capital and prioritizes use of grant funds for capital projects.
ALTERNATIVES
1. Council could decide not to approve executing a cooperative agreement with SLOCOG. This action is not recommended by staff because SB 125 funds awarded to the City for these capital projects will be unavailable for reimbursement.
2. Council could decide not to adopt the Draft Resolution appropriating SB 125 funds to the associated capital projects. This action is not recommended by staff because these projects further the City’s climate action goals, help meet the state of California’s zero-emission mandates for transit agencies, and implements recommendations of the Transit Innovation Study.
ATTACHMENTS
A - Draft Resolution authorizing execution of a cooperative agreement and appropriating funds to associated capital project funds
B - December 6, 2023, SLOCOG Staff Report Item E-2
C - SB 125 Cooperative Agreement Final Draft
R ______
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A
COOPERATIVE AGREEMENT WITH SAN LUIS OBISPO COUNCIL OF
GOVERNMENTS FOR SENATE BILL 125 FUNDS AND THE
APPROPRIATION OF FUNDS TO ASSOCIATED CAPITAL PROJECTS
WHEREAS, In 2014, the State of California’s Legislature passed Senate Bill (SB) 862 which created the Transit and Intercity Rail Capital Program (TIRCP); and WHEREAS, Assembly Bill (AB) 102 and Senate Bill (SB) 125 amended the Budget Act of 2023 to appropriate funds for TIRCP as well as appropriated funds to establish the Zero-Emission Transit Capital Program (ZETCP); and
WHEREAS, SB 125 also created specific categories as to how funds are distributed to Regional Transportation Planning Agencies (RTPA) using a populationbased formula; and WHEREAS, San Luis Obispo Council of Governments (SLOCOG) is the Regional Transportation Planning Agency (RTPA) for San Luis Obispo County; and WHEREAS, In October 2023, SLOCOG released a request for projects to all eligible agencies which includes the City for TIRCP and ZETCP fund programming; and WHEREAS, In November 2023, the City submitted funding requests for four capital projects: battery electric bus charging infrastructure, auto vehicle locator system replacement, on-bus security camera system replacement, and gap funding for six battery electric buses; and
WHEREAS, On December 6, 2023, SLOCOG’s board approved all requested project funding submitted by the City; and
WHEREAS, As a condition of ongoing disbursements of requested funds, RTPAs must submit to the California State Transportation Agency (CalSTA) reports documenting activities and progress toward project implementation; and WHEREAS, A cooperative agreement between SLOCOG and the City is necessary to ensure project activities and disbursements occur timely and in accordance with SB 125 requirements; and
WHEREAS, SB 125 funds awarded to the City must be appropriated to the associated Capital Improvement Plan (CIP) projects in alignment with the City’s budgeting and financial planning processes.
Resolution No. _____ (2025 Series) Page 2
R ______
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo does hereby authorize the execution of a cooperative agreement between SLOCOG and the City and appropriation of funds to associated capital projects as follows:
SECTION 1. Environmental Review. The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Section 15378. Capital projects funded by the Senate Bill (SB) 125 grant funds must comply with state and local laws including environmental review or finding of exemption.
Resolution No. _____ (2025 Series) Page 3
R ______
SECTION 2. Approval. The City Council of the City of San Luis Obispo does hereby:
1. Authorize the Mayor to execute a cooperative agreement with SLOCOG for SB 125 funds; and
2. Appropriate $395,000 in SB 125 funds to Project No. 2000403; and
3. Appropriate $280,000 in SB 125 funds to Project No. 2000505; and
4. Return $278,521 in Transit Fund dollars from Project No. 2000505 to undesignated fund balance.
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 ______________ 2025. ___________________________
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
E-2-1
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
STAFF REPORT
MEETING DATE: December 6, 2023 ITEM: E-2
SUBJECT: Transit and Intercity Rail Capital Program and Zero Emission Transit Capital Program Project Allocation Requests
STAFF CONTACT: Stephen Hanamaikai
SUMMARY
SLOCOG will receive over $33 million from the Transit and Intercity Rail Capital Program (TIRCP) and Zero Emission Transit Capital Program (ZETCP) for programming over the next four fiscal years. In October, the Board directed staff to prepare a draft funding plan to allocate these funds. Staff released a request for project Statements of Interest on October 19th to all agencies eligible to receive funding, including: the Cities of Atascadero, Morro Bay, and San Luis Obispo, SLOCOG, and the RTA (including Paso Express and South County Transit). 23 projects were submitted requesting over $41 million, which exceeds available funding by approximately $8.5 million. Table 1 summarizes the available funding and funding requests by agency. A maximum of 1% of the total multi-year funding may be used for program administration:
Table 1: Total Funding & Funding Requests by Agency
Available Funding 23/24 24/25 25/26 26/27
TIRCP $ 14,486,636 $ 14,522,455 $ - $ -
ZETCP $ 1,569,547 $ 880,477 $ 880,477 $ 880,477
Annual Total $ 16,056,183 $ 15,402,932 $ 880,477 $ 880,477 Funding Requests 23/24 24/25 25/26 26/27
SLO RTA $ 13,388,000 $ 13,373,000 $ 1,100,000 $ 1,200,000 Paso Express $ - $ - $ - $ -
South County Transit $ - $ - $ - $ -
Atascadero $ - $ - $ - $ -
MB $ 124,000 $ 800,000
SLO $ 280,000 $ 1,275,000 $ - $ -
SLOCOG $ 5,922,000 $ 3,922,000 $ - $ -
Program Administration $ 160,562 $ 154,029 $ 8,805 $ 8,805 Annual Total $ 19,874,562 $ 18,724,029 $ 1,908,805 $ 1,208,805 Annual Shortfalls $ (3,818,379) $ (3,321,097) $ (1,028,328) $ (328,328) SLOCOG, San Luis Obispo Air Pollution Control District (SLOAPCD), and Caltrans District 5 staff reviewed and ranked the projects based on how well each project aligned with the objectives of the TIRCP and ZETCP to:
• Reduce greenhouse gas emissions,
• Increase transit ridership; and,
• Provide direct, meaningful, and assured benefits to low-income and disadvantaged communities.
The project rankings and proposed funding recommendations are summarized in Table 3 below and the full scoring detail is found in Table 4 at this link. To maximize the use of TIRCP and ZETCP funding, staff recommends utilizing already programmed and future unprogrammed federal transit funds to reduce the overall TIRCP and ZETCP request and funding all project funding requests. TIRCP, ZETCP, and future unprogrammed federal transit funds with be amended into SLOCOG’s Federal Transportation Improvement
E-2-2
Program (FTIP) at a later date.
RECOMMENDATION:
Staff: Submit allocation package for $33.2 million and authorize the Executive Director to adjust allocations as needed and to return to the Board for endorsement.
SSTAC:
TTAC:
CTAC:
BACKGROUND
The TIRCP was created to fund transformative capital improvement that modernize the state’s transit systems to achieve specific policy objectives:
- Reduce emissions of greenhouse gases;
- Expand and improve transit service to increase ridership; - Integrate the various rail services throughout the state, including high-speed rail, and; - Improve transit safety
The ZETCP was created to support the purchase of zero emission buses and associated charging infrastructure and facility modifications. Zero Emission Mobility Programs, such as bike and car share programs, are also eligible for funding through the ZETCP. Previous legislation established a goal to provide at least 25 percent of available funding through the ZETCP and TIRCP to projects that provide direct, meaningful, and assured benefit to disadvantaged communities, low-income communities, and low-income households. Taken as a whole, the increases in transit system ridership, as well as the reduction in vehicle miles traveled, congestion, and greenhouse gas emissions, will help deliver a healthier and safer transportation system.
SB 125 (2023) specifies that funding can be distributed by RTPA for either high-priority capital projects or for transit operating expenses for operators in their jurisdictions experiencing financial hardship to address the transit operational deficits due to ridership loss impacts lingering from the COVID-19 pandemic. To address this provision, staff requested estimated transit operating costs and fare revenues from all eligible funding recipients to determine if transit agencies will experience operational deficits in fiscal years 2023/24 through 2026/27. Based on the financial information submitted by the transit operators no operational funding deficits are expected and no transit operating projects are proposed at this time. Table 2 on the following page shows the estimated annual operating expenses, fare revenues, and state and federal transit funding expected for fiscal years 23/24 through 26/27.
E-2-3
Table 2: Estimated Operating Expenses and Available Operating Revenue Sources Operating Expenses 23/24 24/25 25/26 26/27
RTA $ 12,001,090 $ 12,692,010 $ 13,422,710 $ 14,195,480 South County Transit $ 2,329,130 $ 2,458,440 $ 2,594,930 $ 2,739,000 Paso Express $ 1,200,710 $ 1,266,180 $ 1,335,220 $ 1,408,020 Morro Bay $ 322,271 $ 358,427 $ 386,443 $ 416,669
Atascadero $ 711,170 $ 650,590 $ 702,637 $ 758,848
SLO $ 5,230,870 $ 5,339,795 $ 5,446,591 $ 5,555,523
Fare Revenues
RTA $ 681,720 $ 715,810 $ 751,600 $ 789,180
South County Transit $ 123,120 $ 129,390 $ 135,980 $ 142,910 Paso Express $ 139,530 $ 146,510 $ 153,840 $ 161,540
Morro Bay $ 24,000 $ 26,000 $ 28,000 $ 30,000
**Atascadero $ - $ - $ - $ -
SLO $ 990,000 $ 1,000,000 $ 1,032,500 $ 1,055,675
State/Federal Funds
*Federal $ 11,021,128 $ 5,681,275 $ 5,828,787 $ 5,640,049 State $ 22,154,603 $ 22,800,163 $ 23,465,090 $ 24,149,964 *Includes $5.45 million unobligated funds and limits operating funds to 50% ** Atascadero fare revenues not provided
State & Federal Transit Funds $ 120,741,058
Fare Revenues $ 8,257,305
Operating Expenses $ 93,522,754
Balance $ 35,475,609
DISCUSSION
The allocation package programs $32.6 million of the $33.1 million available over 23/24 through 26/27, leaving an unprogrammed balance of $135k. Brief descriptions of the projects are provided below. A summary of the funding recommendation are provided below in Table 3, and the full list of recommended projects and project scores can be found in Table 4 linked here. Greenhouse gas emission reductions and jobs benefit calculations must be produced in coordination with the funding recipients and included in the allocation package due to CalSTA on December 31, 2023 in order to receive timely allocation of FY 23/24 funds.
RTA
The majority of the RTA’s funding requests are for zero emission vehicles, charging infrastructure, and related planning and project development costs. RTA requested over $29 million in TIRCP and ZETCP funding. It would be unequitable to program this level of funding to any one agency and SLOCOG will work with RTA to supplement the funding request with state and federal transit funds. Conditional approval of the proposed bus purchases pending approval of the on-going short range transit plan update is recommended.
SLO Transit
Only $1.5 million is requested by the City of San Luis Obispo for electric buses, charging infrastructure and on-board security and bus location systems. Additional time for the city to seek council approval of electric vehicle procurements and service expansions is needed and SLOCOG will work with the city and other operators to revise the allocation package as such projects are approved.
Morro Bay Transit
E-2-4
The City of Morro Bay is in the early stages of transitioning their fleet to zero emission buses. SLOCOG recommends approving the full funding request of $924k for the planning costs associated with the future fleet transition and the construction/installation of the necessary charging infrastructure.
SLOCOG
SLOCOG requested $12.2 million for rail capital projects and project development, and for regionwide implementation of contactless fare payment systems on all fixed route buses. SLOCOG will apply $9.6 million in TIRCP formula funds as match funding for a TIRCP competitive grant of $40 million. If the grant is unsuccessful, SLOCOG will revise the allocation package to fund a sub-set of projects or project development costs.
South County Transit (SCT), Paso Express, and City of Atascadero No projects specific to SCT, Paso Express, or the City of Atascadero were submitted. SLOCOG will allow opportunities to amend the allocation request to include projects for these agencies in the future.
Table 3- Funding Recommendation Summary
23/24 24/25 25/26 26/27 Total Funding Recommended
RTA $ 9,268,000 $7,752,750 $ 843,000 $17,863,750
SLO $675,000 $880,000 $1,555,000
MB $124,000 $800,000 $924,000
SLOCOG $ 5,762,000 $6,533,000 $12,295,000
Total Programming $32,637,750
SLOCOG SB 125 Subrecipient Cooperative Agreement page 1 San Luis Obispo Council of Governments
Agreement No. SLO-SB 125-01
TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM (TIRCP) AND
ZERO-EMISSION TRANSIT CAPITAL PROGRAM (ZETCP)
SUBRECIPIENT COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON THE DATE BELOW STATED is between the San Luis Obispo Council of Governments, referred to herein as "SLOCOG", and the CITY OF SAN LUIS OBISPO a municipal corporation, referred to herein as the “CITY”.
RECITALS
WHEREAS, Senate Bill (SB) 862 (2014) created the TIRCP to provide grants from the Greenhouse Gas Reduction Fund (GGRF) and authorized the California State Transportation Agency (CalSTA) to administer the program; and,
WHEREAS, SB 1 (2017) directs funds to the TIRCP from the Public Transportation Account (PTA); and, WHEREAS, Assembly Bill 102 (2023) and SB 125 (2023) amended the Budget Act of 2023 to appropriate funding from the state’s General Fund, GGRF, and PTA to the TIRCP and ZETCP, which shall be distributed to pursuant to a population based formula to regional transportation planning agencies (RTPA) as defined in Section 13987 (j) of the Government Code; and,
WHEREAS, SB 125 authorizes RTPA to request use of TIRCP and ZETCP funding for high-priority transit capital projects consistent with the uses allowed in Cycle 6 of the TIRCP, zero-emission transit vehicles and supporting infrastructure, transit operating expenses that prevent service cuts, and other projects subject to compliance and requirements set forth in the SB 125 program guidelines; and, WHEREAS, as a condition of ongoing disbursements of requested SB 125 funds, RTPA must submit to CalSTA reports documenting activities and progress toward project implementation, expenditures, completion, benefits in accordance with the California Air Resources Board’s Funding Guidelines, data, interest earned, and other project outcomes; and,
WHEREAS, on December 5, 2023, the SLOCOG Board approved programming for the CITY for the PROJECTs and the amounts shown in Table 1 and authorized the Executive Director to submit the program of projects to CalSTA and adjust programming as needed and to return them to the Board for endorsement; and,
WHEREAS, CalSTA has reviewed SLOCOG’s program of projects and determined that the minimum program requirements have been met and has approved funding allocation for the PROJECTs in Table 1.
NOW, THEREFORE, the parties mutually agree as follows:
1. The CITY agrees to administer each PROJECT and conduct the applicable environmental processes required under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act, as applicable, for each PROJECT.
2. The CITY agrees to assume responsibility and accountability for the use and expenditure of funds allocated to the PROJECTS in accordance with the SB 125 guidelines and applicable statutes and must also comply with all relevant federal and state laws, regulations, policies, and procedures, and ensure that GGRF funding is utilized consistent with and required by SB 1018 (2012).
3. The CITY agrees that if a project may impact a street, road or highway owned or controlled by a jurisdiction other than CITY (including without limitation the County, another city, or the State of California), SLOCOG may require the CITY to establish a project development team (PDT) composed of representatives of such jurisdictions and SLOCOG.
SLOCOG SB 125 Subrecipient Cooperative Agreement page 2
4. The CITY agrees to utilize, for each PROJECT, an amount of TIRCP or ZETCP funds equal to or less than that adopted by SLOCOG, and that SLOCOG's total obligation shall not exceed the amounts shown in Table 1 unless a greater amount has been authorized in advance in writing by SLOCOG.
5. The CITY agrees to account for all costs for the PROJECTS to be paid by SLOCOG pursuant to this Agreement and agrees to perform all the reimbursable work for each project according to the fiscal years identified in Table 1.
6. The CITY agrees to provide SLOCOG with the final cost estimates for each phase of the PROJECTS prior to reimbursement. The following will be assumed and reflected in SLOCOG's SB 125 accounting spreadsheets:
a. If less funding than what was programmed is required for a PROJECT, cost savings will be made available for reprogramming as approved by SLOCOG. b. If more funding than what was programmed is required for a PROJECT, the CITY will be solely responsible for securing the additional funding, which can be comprised of various local, regional, state, or federal funding sources.
7. The CITY may submit an invoice for reimbursement of funds expended for each PROJECT no more than once a month, using the attached Reimbursement Request Form (Exhibit A). All invoices must contain the following:
a. PROJECT number and name
b. A detailed description of work accomplished during the billing period which will be used to provide project status updates to the SLOCOG Board on an annual basis, at minimum. c. A copy of the consultant’s bill to the CITY (if applicable). d. Amount expended by the CITY during the billing period, with evidence of funds expended (e.g. a copy of a CITY check to consultant or accounting documentation, etc.) e. Amount requested for reimbursement by source (TIRCP or ZETCP) for the billing period
8. SLOCOG agrees to reimburse the CITY within 30 days of receipt of a completed reimbursement request form (Exhibit A) with all applicable attachments and signatures an amount expended by the CITY during the invoices' billing period. SLOCOG's total obligation for each PROJECT cost shall not exceed the amount shown in Table 1, unless SLOCOG has in writing authorized a greater amount.
9. Within two months of either the execution of this agreement or each PROJECT’s completion and all work incidental thereto, whichever comes later, the CITY must provide SLOCOG certification in the form provided in Exhibit B hereto, of completion in accordance with the provisions in this Agreement, and a final invoice containing those items listed in section 7a-e. In the event that final project costs are less than those listed on Table 1, hereto, the funds shall be reallocated as approved by SLOCOG.
10. The CITY agrees to document and publicize the TIRCP and ZETCP in proper context when developing press releases and City Council documents, or in hosting public events such as project groundbreakings. References should be made to TIRCP, ZETCP, the California State Transportation Agency as the program sponsor, and the state programs as fund sources, as applicable, in order to ensure transparency regarding the funding of the projects.
11. The CITY agrees to provide SLOCOG with data needed to document and share publicly the program benefits and outcomes of the PROJECTS.
12. The CITY grants to the State of California and/or SLOCOG access to the CITY's books and records for the purpose of verifying that SB 125 funds paid are properly accounted for and the proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection by authorized CalSTA, Caltrans and/or SLOCOG agents at any time during the PROJECT development and for a four-year period from the date of completion, or for one year after the audit is completed or waived by CalSTA, Caltrans and/or SLOCOG, whichever is later.
SLOCOG SB 125 Subrecipient Cooperative Agreement page 3
13. Upon completion of all work under this Agreement, ownership and title to all materials will automatically be vested in the CITY and no further agreement will be necessary to transfer ownership to the CITY.
14. If existing public and/or private utilities conflict with the PROJECT construction or violate the CITY’s encroachment policy (as applicable), the CITY shall make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. The CITY shall review the plans for protection, relocation or removal. If there are costs of such protection, relocation, or removal which the CITY must legally pay, the CITY shall pay the cost of said protection, relocation or removal, plus cost of engineering, overhead and inspection. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with CITY policies and procedures.
15. The CITY shall defend, indemnify and save harmless SLOCOG, its officers and employees from all and any claims, demands, damages, costs, expenses, judgments, attorneys’ fees or any liability arising out of this Cooperative Agreement to the performance or attempted performance of the provisions hereof, or any project referred to in the Exhibits hereto. Nothing contained in the foregoing indemnity provision shall be construed to require CITY to indemnify SLOCOG against any responsibility of liability in contravention of Civil Code section 2782.
16. Both the CITY and SLOCOG shall designate a Project Coordinator who shall represent the respective agencies and through whom all communications between the parties to this agreement shall occur.
17. Both parties agree that if, in the course of carrying out the PROJECT, there is a disagreement among the Project Coordinators over the direction of the project, the matter will be forwarded through a three-step conflict resolution process. First, resolution will be attempted between the CITY Manager and SLOCOG Executive Director. If a dispute continues, a determination shall be made by the SLOCOG Executive Committee, and, if required, final determination by the full SLOCOG Board.
18. Nothing in the provisions of this Agreement is intended to create duties, obligations, or rights for third parties not signatories to this Agreement or affect the legal liability of either party of the Agreement by imposing any standard of care with respect to the maintenance of local roads different from the standard of care imposed by law.
19. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties thereto, and no oral understanding or agreement not incorporated herein or in the attached Table 1 shall be binding on any of the parties thereto.
20. This Agreement may be terminated or provisions contained therein may be altered, changed, or amended by mutual consent, in writing, of the parties hereto.
21. Prior to awarding a contract for any PROJECT, SLOCOG may terminate the applicable PROJECT in the Cooperative Agreement by written notice, provided SLOCOG pays the CITY for all PROJECT-related costs reasonably incurred by the CITY prior to termination. Also, prior to awarding a contract for any PROJECT, the CITY may terminate the applicable PROJECT in the Cooperative Agreement by written notice, provided the CITY pays SLOCOG for all costs reasonably incurred by SLOCOG prior to termination.
SLOCOG SB 125 Subrecipient Cooperative Agreement page 4 SIGNATURES:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS
By: ________________________________ By: ___________________________________ Erica A. Stewart, Mayor Peter Rodgers, Executive Director Date: _______________ Date: _______________
ATTEST:
By: ____________________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ____________________________________ By: _________________________________ Christine Dietrick, City Attorney Jon Ansolabehere, SLOCOG Counsel Date: _______________ Date: _______________
SLOCOG SB 125 Subrecipient Cooperative Agreement page 5 TABLE 1
CITY PROJECTS
for
Agreement No. SLO-SB 125-01
SLOCOG# Project Name TIRCP ZETCP FY
City of SLO-1
Six (6) Battery electric
bus procurement $280,000 - 2023/24
City of SLO-2
Battery electric bus
charging
infrastructure
$395,000 - 2023/24
City of SLO-3
Auto Vehicle Locator
system replacement $130,000 - 2024/25
City of SLO-4
On-bus security
camera system
replacement
$750,000 - 2024/25
Total $1,550,000 -
SLOCOG SB 125 Subrecipient Cooperative Agreement page 6
EXHIBIT A
San Luis Obispo Council of Governments
TIRCP and ZETCP
REIMBURSEMENT REQUEST FORM
Agency Name: Date:
Contact Person:
Project Number(s):
Project Title:
This Invoice Covers Work Completed from: / / to: / /
Project Budget Information: (complete box below - refer to cooperative agreement “Table 1” for budget information)
Total Spent this
Invoice
$
TIRCP ZETCP Other Non-Regional
Spending Total
Reimbursement
by Fund Source
Please send a check for $
Total TIRCP & ZETCP share due this invoice
Attachments: 1) A brief description of work completed; and 2) Consultant invoices
3) Proof of payment (e.g. copy of CITY check to consultant).
Signed:
(Agency Rep.)
Shaded boxes below for SLOCOG Use
Regional Planner Approval Accounting Initials
SLOCOG SB 125 Subrecipient Cooperative Agreement page 7
EXHIBIT B
PROJECT COMPLETION FORM
for
SB 125 Projects
This form notifies SLOCOG of project completion in accordance with the provisions in the Cooperative Agreement noted below. Our records indicate that the project listed below, funded all or in part with RSTP Exchange funds, has been completed:
Project Name:
Project Number(s):
Cooperative Agreement Date (Recipient Agency):
Approved TIRCP or ZETCP amount(s):
I certify, on behalf of the CITY
name of authorized official
of , that the project named above was completed
name of jurisdiction
on_____________________ in accordance with the provisions set forth in the cooperative approximate date of completion
agreement dated ___________________________. It is my understanding that all savings date jurisdiction representative signed
from a cost underrun will be returned to SLOCOG for reprogramming in accordance with the cooperative agreement.
Signed: Date:
signature of authorized official date signed
Return completed and signed Project Completion Forms within 2 months of the completion of each project to:
SLOCOG
1114 Marsh Street
San Luis Obispo, CA 93401
Attn: (Project Coordinator)
SLOCOG SB 125 Subrecipient Cooperative Agreement page 8
EXHIBIT C
General Programming Policies
SLOCOG’s 2023 Regional Transportation Plan / Sustainable Communities Strategy identifies an overall goal to develop a multi-modal transportation system which is balanced, coordinated, safe, cost effective, environmentally sound, economically supportive, meeting all the financially reasonable transportation needs of all citizens in San Luis Obispo County. General programming policies affecting the decision making and project selection of the surface transportation system are summarized as follows:
1. SLOCOG will strive to be fair and equitable in the allocation of funding between the various subregions in the county and among member jurisdictions.
2. SLOCOG will adhere to the federal and state statutes, policies, regulations and guidelines applicable to each fund being allocated, and require recipients of grants to do the same.
3. SLOCOG will recommend projects for funding that are:
Deliverable
Consistent with the goals, policies, action strategies, and programs of the 2023 Regional Transportation Plan
Responsive to immediate funding and project needs
Consistent with specific criteria of a particular funding program High likelihood of leveraging other funding (state, federal and/or local) Approved or supported by the applicable governing body
4. SLOCOG will seek to implement all programs in a timely and efficient manner.
5. SLOCOG will seek to maximize the use of the funds for general public benefit, and will marshal other funds, when possible, to complete funded projects by prioritizing joint-funded projects.
6. SLOCOG will integrate social equity factors into the decision-making process by applying the findings generated from the Disadvantaged Communities Assessment.
7. SLOCOG will, to the extent feasible, assure the integration of all projects with jurisdiction, region and statewide transportation plans, providing a comprehensive, systematic approach to resolving transportation problems in the region.
8. SLOCOG will retain maximum flexibility of federal programs under the Infrastructure Investment and Jobs Act (IIJA), where feasible.
9. SLOCOG will retain a continuing commitment to emphasize quality and promote excellence in the development of competitive proposals, seeking to fund the best possible projects in terms of cost effectiveness, public benefit and regional and local significance.
10. SLOCOG may reserve discretionary funds for advance development work to ensure regionally significant projects are well scoped, alternatives assessed, accurate estimates prepared, and a finance plan for implementation is developed.
11. SLOCOG will maintain funding commitments for existing programmed projects if those projects have achieved the project delivery milestones set out at the time of programming.
Unavoidable delays to the project delivery milestones will be considered on a case-by-case basis.
12. SLOCOG may commit a portion of discretionary funding to match and leverage other competitive state-wide or federal grant programs for projects of regional significance.
Item 6e
Department: Administration
Cost Center: 1001
For Agenda of: 1/14/2025
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Natalie Harnett, Policy and Project Manager SUBJECT: APPROVAL OF UPDATED OPERATING AGREEMENT FOR THE
PERFORMING ARTS CENTER
RECOMMENDATION
Approve the updated operating agreement between the Foundation for the Performing Arts Center, the City of San Luis Obispo, the California State University Board of Trustees on behalf of Cal Poly, and the Central Coast Performing Arts Center Commission for the operation and governance of the Performing Arts Center.
POLICY CONTEXT
The City of San Luis Obispo is a partner in the operation of the Performing Arts Center (PAC) located at Cal Poly, and the changes to the operational agreement are subject to approval by all parties. The PAC benefits the City by attracting audiences from the local community and beyond. The events generate tourism and increase the area's appeal as a cultural destination, in alignment with the City’s Economic Development Strategic Plan Pillar 2.4 – Cultural Vitality.
DISCUSSION
Background
The PAC was a joint venture between the City of San Luis Obispo (City), the State of California acting through the Trustees of the California State University on behalf of California State Polytechnic University, San Luis Obispo (Cal Poly), and private fundraising through the Foundation for the Performing Arts Center (FPAC) to create a large community performance space. Located on the Cal Poly campus, the PAC is a world-class event venue that hosted 300 events and over 100,000 visitors in 2023-241.
More than a dozen local arts organizations perform at the PAC each year, along with national and international touring acts presented by Cal Poly Arts and other event promoters.
1 Performing Arts Center – 2023/24 Year in Review: https://issuu.com/pacslo/docs/year-in-review-23- 24_final_reduced
*This Item has been removed from
consideration at the request of the Foundation
for the Performing Arts Center (FPAC) who
requested additional time to review the
proposed changes and potentially consider
other revisions*
Item 6e
*This Item has been removed from consideration at the request of the Foundation for the Performing Arts Center (FPAC) who requested additional time to review the proposed changes and potentially consider other revisions.
The PAC primarily relies on revenue generated from events to support its operations.
However, as a partner, the City contributes funding to cover expenses not fully offset by event revenue. In accordance with the agreement and as established when the agreement was first approved in 1993 and amended in 2002 (Attachment B), the annual funding contribution is assessed two-thirds to Cal Poly, one-sixth to the FPAC, and onesixth to the City. This funding formula is based on the City’s original contribution of approximately $5 million, or one-sixth of the cost to construct the $30 million facility, in 1996. One of the public benefits from the City and FPAC contribution is that approximately one-third of the PAC’s occupied dates are reserved for use by local arts and community organizations such as Opera SLO, Ballet Theatre SLO, SLO Symphony, and SLO Master Chorale. Because the City is a partner, these community organizations receive a discounted rate for events at the PAC. It also hosts a School Matinee Program that welcomes over 9,700 local students to the PAC to experience free performances.
The Central Coast Performing Arts Center Commission (CCPACC) was established under the original operating agreement to advise Cal Poly and the PAC Manager on operating policies, scheduling, and maintenance policies. The CCPACC, with the concurrence of the Cal Poly president, adopts the annual operating budget and amendments. The CCPACC is governed by a nine-person board of directors, two of whom are appointed by the City. The City’s representatives on the CCPACC are the Mayor and the City Manager.
Updated Operating Agreement
The current operating agreement has not been amended since 2002. Since January 2023, Cal Poly, the FPAC, and the City have been collaborating on changes to update the agreement, and the final version is included as Attachment A.
The changes were collaboratively drafted and reviewed by all of the parties and CCPACC subcommittees (see Concurrences). While there are not any major changes, the updates aim to align the agreement with current operations and ensure that the Center is operated cooperatively for the mutual benefit of Cal Poly and the local community. Attachment C includes a red-lined version that includes most of the edits and notes significant changes.
Included below is a summary of the changes which are accompanied by various minor clarifications and language changes:
1. Budget and reserves: The annual subsidy for the PAC’s operations and reserves will continue to be divided the same, but the updated agreement introduces new sections to clarify the types of projects that should be funded by reserves. The current agreement broadly states that “reserves shall include but not be limited to, operations, major maintenance, replacement, and repairs”. In the current agreement, the PAC Manager is responsible for presenting quarterly financial reports and setting reserves in consultation with the CCPACC. This has allowed the CCPACC to review upcoming projects and put aside funding in the Major Maintenance/Repair and Replacement Reserve Program (MMRRP) fund for anticipated replacements and repairs. The MMRRP was established by the CCPACC shortly after the PAC was completed and when it experienced a malfunction of the lighting control system. Since that time, the reserve has funded major maintenance projects without needing ad hoc funding requests from each of the partners.
Item 6e
*This Item has been removed from consideration at the request of the Foundation for the Performing Arts Center (FPAC) who requested additional time to review the proposed changes and potentially consider other revisions.
The new agreement formally defines this reserve fund, the annual contributions, the types of projects that should be funded under it, and the procedures for managing projects that exceed the threshold of $250,000. The new agreement states that such projects will be addressed on an as-needed basis, with costs divided among the partners using the same distribution as the annual operating budget (two-thirds, onesixth, one-sixth). This approach is similar to the agreement between the City and County for major maintenance projects at the City/County Library.
2. Risk Mitigation Fund: A new section formally introduces the Event Presentation Risk Mitigation Fund, which is designed to help cover potential losses from events. This existing fund is replenished using net revenue from subsequent events before those funds are directed toward normal operations. The current balance of the fund is $50,000, and the CCPACC can decide whether additional funds should be allocated from the Operating Reserve as needed.
3. Event Presentation Priority and Scheduling: The agreement clarifies the order of priority for presenting events at the PAC. Cal Poly Arts will have the first opportunity to propose events, and Cal Poly will retain the venue for key university events.
Additionally, two-thirds of the schedule must support the Cal Poly’s educational mission. One-third of the event dates are reserved for local arts and community organization use and will be charged at a lower rate than other groups. The City also receives a lower rate for any City events at the PAC.
4. Commission Policies: The existing commission policies and procedures that are not relevant to the operating agreement are removed and established as a separate “bylaws” document (Attachment D), which will be adopted concurrently by the CCPACC with the updated operating agreement.
Previous Council or Advisory Body Action
The initial agreement for constructing the PAC at Cal Poly was approved by the Council on November 13, 1989. The Operating Agreement was later approved on March 31, 1993, and was subsequently amended on April 15, 2002.
Public Engagement
Notice of this agenda item was provided through the meeting's posted agenda. The public may submit comments in writing before the meeting or share their input during the public comment portion of the meeting.
CONCURRENCE
The updated agreement has been thoroughly reviewed by the CCPACC Budget and Finance Subcommittee, the Facilities Subcommittee, the City Attorney’s Office, FPAC legal counsel, and Cal Poly’s legal team. Recommended changes from these reviews were incorporated into the agreement, and all parties concur with the final version. The agreement is scheduled for presentation to the FPAC at the January Board Meeting. Once the updated agreement is approved by both the City Council and FPAC, it will proceed to the CCPACC for final approval and be signed by all parties, with the City Clerk attesting to the document.
Item 6e
*This Item has been removed from consideration at the request of the Foundation for the Performing Arts Center (FPAC) who requested additional time to review the proposed changes and potentially consider other revisions.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report because the action does not constitute a “Project” under CEQA guidelines Section 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2024-25
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $342,652 $ $ $342,652
State
Federal
Fees
Other:
Total $342,652 $ $ $342,652
This recommendation has no fiscal impact, as the City's share of the costs remains unchanged, and the updated agreement does not increase the annual operating expenses. The City includes its portion of the annual operating cost in the base budget, which increases by approximately 3-5% annually to align with the CPI. For FY 2024-25, the budgeted amount is $342,652.
Based on the existing and amended operating agreement, the City is responsible for covering one-sixth of the PAC’s budget requirements including major maintenance projects. While not included in this recommendation, Cal Poly has recently submitted a funding request to the City for significant roof and gutter repairs at the PAC. The PAC has had consistent and invasive water intrusion issues due to a deteriorating roof and gutter system for over a decade, and repairs need to be made as soon as possible.
The total cost of the project is about $1.6 million, which exceeds the Major Maintenance Reserve threshold of $250,000 and under the new agreement, would be split between the partners. The City’s share of this cost would be $263,797, which represents one-sixth of the total project cost. Cal Poly plans to finalize a contract in spring 2025 and complete the work in summer 2025. Since this is not included in the City’s current budget, staff plans to recommend that the Council appropriate this one-time funding during the midyear budget review in February 2025 using the year-end fund balance, consistent with the City’s policy on the use of those funds to maintain infrastructure.
Item 6e
*This Item has been removed from consideration at the request of the Foundation for the Performing Arts Center (FPAC) who requested additional time to review the proposed changes and potentially consider other revisions.
ALTERNATIVES
1. Council could decide not to approve the updated operating agreement. This action is not recommended by staff because the current agreement is outdated and should be updated to reflect current operations.
2. Council could advise staff to return to the PAC Manager with recommended changes to the agreement. Any directed changes would be subject to the review and negotiation with the other parties to the agreement.
ATTACHMENTS
A - Updated PAC Agreement
B - Current PAC Operating Agreement (2002 Amended Version) C - Red-lined Version of Operating Agreement Changes
D - Copy of CCPACC Bylaws
A-51-93-CC
OPERATING AGREEMENT for the
Performing Arts Center – San Luis Obispo
This Operating Agreement (Agreement), dated this __________________ day of _______________. 2024 (the “Effective Date”), is made and entered into by and among the Foundation for the Performing Arts Center, a California non-pro�it public bene�it corporation (“FPAC”); the City of San Luis Obispo, California (the “City”); the Board of Trustees of the California State University (the “University”) on behalf of California Polytechnic State University, San Luis Obispo, and the Central Coast Performing Arts Center Commission, a non-pro�it public bene�it corporation (the “Commission”) to provide for the operation and governance of the Performing Arts Center San Luis Obispo (aka San Luis Obispo County Performing Arts Center, aka Christopher Cohan Center, and hereinafter the “Center”) which FPAC, the University, the City and the Commission (collectively, the “Parties”) have built, maintained, and/or operated.
From this date forward, this Agreement is the governing document for the Center, and supersedes and replaces all prior versions of any and all operating agreements for the Center, including but not limited to that certain operating agreement dated March 31, 1993, and amended on April 15, 2002. Any prior operating agreements in effect as of the Effective Date are hereby terminated by mutual agreement of the Parties hereto.
Statement of Facts and Purposes
On or about December 5, 1989, the FPAC, City and University entered into that certain Development Agreement for the Center (the “Development Agreement”). (For clari�ication, the Development Agreement states it is entered into on 13th day of November 1989 but was signed by the last party on December 5, 1989.) The Development Agreement called for its parties to enter into an agreement for the operation of the Center, consistent with the executed Development Agreement. All other obligations of those parties laid out in the Development Agreement have been ful�illed and this Operating Agreement is the only continuing agreement.
It is the intent of the Parties that the Center be operated cooperatively for the mutual bene�it of the University and the people of San Luis Obispo County, on a permanent basis.
The Parties af�irm that the operation of the Center has ful�illed this intent during its existence. This Agreement replaces prior operating agreements in order to re�lect current operating practices of the Center and allow it to respond to current and anticipated future performing arts industry practices and local market conditions in order to continue to ful�ill the intent of the Development Agreement.
Section 1 – Center Mission and Policies
1.01 The Intent and Mission. The Parties intend that the Center present a wide array of events from community, University, and nonpro�it organizations, and commercial producers. The Center functions primarily as a host/rental facility for other organizations to present events. However, to make a diverse array of events available
to San Luis Obispo County, as well as generate revenue, the University may present or co-promote certain events each season.
1.02 Policies on Use and Access. Center policies shall be developed and implemented by the Commission for use of and access to both interior spaces and exterior spaces of the Center, and in compliance with applicable policies of the University. As used in this Agreement, “exterior spaces” mean plazas and courtyards constructed as part of the Center. Such policies shall be consistent with the Parties’ intent that the Center be available to a diverse group of users. The Director, the Commission and the Parties shall respect the lawfully exercised artistic and other rights of expression of users of the Center.
1.03 Role and Goals of the Partners. The University shall have access to the Center as a venue for key University events, and two-thirds of the Center’s overall schedule must enhance the education mission of the University. The University will provide an appropriate number of staff to manage �iscal operations and custodial needs for the Center. The University shall be responsible for facility projects and improvements. This work will be paid for through the University’s annual operating budget or major equipment maintenance/repair reserve fund, or as otherwise determined by the University. The City, FPAC, and Commission will provide guidance and support to the Center and its staff to provide the citizens of San Luis Obispo and the surrounding area with a world class facility for the performing arts. These Parties are committed to providing local non-pro�it arts groups an equitable share of time in the Center. (Terms laid out in Section 4.01)
Section 2 – Center Governance and Management
2.01 Commission. In consideration for the non-state funding provided by the City and FPAC for the Center, the Parties previously agreed to and did create a nonpro�it public bene�it corporation known as “The Central Coast Performing Arts Center Commission.” The purpose of the Commission is to advise the University and the Center Director on operating, scheduling, and maintenance policies. The Commission, with the concurrence of the University President, shall adopt the operating budget and budget amendments.
2.02 Management. All aspects of the management and operation of the Center (including both interior and exterior spaces, furnishings and equipment) shall be the responsibility of the Director. The Director shall be a person quali�ied to perform the duties required to ful�ill the Mission of the Center. Quali�ications of the Director shall include, but not be limited to, professional training, experience in performing arts and/or public assembly venue management, and the personal traits necessary to work effectively with a diverse group of University and community groups and individuals.
The Director shall see to the wise use of the Center for the ultimate bene�it of both the University community and the people of the City of San Luis Obispo and San Luis Obispo County. Prior to hiring a new Director, the Commission and the President of the University shall review and amend, as necessary, a detailed job description for the Director. Representatives of all Parties shall participate in the hiring process and provide a recommended selection of the Director to the President of the University. The �inal selection of the Director is under the sole and exclusive purview of the President of the University. The Director shall be an employee of the University or a University
auxiliary organization, as the President of the University shall determine. Early each academic year, in accordance with guidelines established by the President of the University in consultation with the Commission, the Commission will review the past year’s operations, including an assessment of the Director’s performance. The employer of the Director (University or the University Auxiliary) shall be responsible for ensuring that the Director operates the Center as contemplated by this Agreement, and in accordance with the budgets and policies of the Center adopted by the Parties or the Commission, as provided in this Agreement. The Director shall be responsible to and serve at the pleasure of the University President and shall serve as liaison to the Commission on broad policy matters. The Director shall be responsible for all administrative and operating matters. The President shall consult with the Commission in the review of the Director and prior to terminating the Director. The fact of this consultation shall be re�lected in the Director’s appointment letter.
2.03 Other Center Staff. Operating staff of the Center will be employees of the University or a University auxiliary. The Commission shall reimburse the University or University auxiliary, as appropriate, each year, in the amount set forth in the �inal approved Center budget, for compensation and bene�its for the operating staff of the Center, consistent with Section 3 of this Agreement and the Development Agreement. The Director and certain other Center Management staff will be employees of the University or a University auxiliary, and their compensation and bene�its expense will be paid by their employer as part of its annual assessment to cover Center operating costs, as set forth in Section 3 below. The Commission will contract with the California Polytechnic State University – Cal Poly Partners or some other entity suitable to the Commission and the
University President, for its accounting and �inancial management and facility support services. The Director shall be responsible for the appropriate use and operation of the Center, and for the hiring, training, retention, control and, as needed, the discipline and termination of Center employees reporting to the Director. The Director will report to the University President and inform the Commission on these matters if permitted by the employee.
Section 3 – Center Fiscal Matters
3.01 Financing of Center Operations. The assessments to cover the budget requirements of the Center shall be shared by the Parties as follows: two-thirds (2/3) assessed to the University, one-sixth (1/6) to FPAC and one-sixth (1/6) to the City (collectively, the “Partners’ Contributions.”) The Partners’ Contributions shall be equal to the sum of the Center annual budget for operations and contribution to reserves, less revenue derived from operations. For purposes of calculating the budget, operating costs shall include all costs of operation, including but not limited to management and staff compensation, marketing, �iscal management and bank fees, staff travel and training, insurance, contracts for services, supplies and equipment, interest expense, routine maintenance and utilities, and other miscellaneous operating expenses deemed appropriate by the Commission. Reserves shall include, but not be limited to, operations, promotion or copromotion risk mitigation fund, major maintenance, and repair and replacement.
Center operation revenue shall include facility use rent, administrative fees for University events, reimbursement for event related labor expenses (plus contribution to overhead), per-ticket fees on tickets sold for events at the Center and through the Cal
Poly Ticket Of�ice, net ticket sales from Center presented and co-promoted ticketed events, grant support from FPAC and other donors for the Center’s Outreach (youth arts-in-education) Program, interest income, and other revenue items as agreed by the Parties. The Center’s �iscal management (i.e. procurement, cash handling, etc.) shall follow policies established by the Cal Poly Partners, who currently support the Center’s �iscal services.
3.02 FPAC Support for the Outreach Program. In addition to its annual Partner Contribution speci�ied above, the FPAC will provide an annual grant to the Center to fund a portion of the Center’s Outreach Program. FPAC staff will collaborate with the Director during the development of the annual operating budget each year to determine the scope of, and associated costs for the Outreach Program for the upcoming �iscal year, and therefore the size of FPAC’s grant to support the Program. The Center, through the Parties, will provide appropriate recognition for FPAC’s support of the Outreach Program in marketing and publicity materials associated with the Program.
3.03 University Support and Maintenance. The University will provide the Center with utilities, routine building maintenance and minor repairs/upgrades, and custodial services consistent with state criteria and reasonable industry standards for professional performing arts center facilities. The University’s maintenance staff will consult and cooperate with the Director as to maintenance and service needs and scheduling occasioned by the Center’s schedule and uses. Costs associated with these items will be included in the operating costs of the Center and shared by the Parties per section 3.01 above. Maintenance and repair of the grounds and landscaping adjacent to the Center, including the full Plaza in front of the Center, and loading dock
area, shall be the responsibility of the University and not a cost to the Center’s operating budget or major maintenance fund.
3.04 Major Maintenance/Repair and Replacement Reserve Fund. The Parties shall establish and maintain a dedicated Reserve Fund for costs associated with maintenance, repairs, upgrade and/or replacement of Center equipment, systems, furnishings, �ixtures, interior �inishes, and structures that exceed the scope and costs of “routine maintenance and minor repairs/upgrades” covered by the Center’s annual operating budget, as speci�ied above. In general, such “major maintenance, repair or replacement/upgrade” projects shall have a minimum estimated cost of $7,500, and a maximum estimate cost of $250,000. (2024 dollars) These minimum and maximum cost thresholds will be adjusted annually by the percentage increase in the Federal Bureau of Labor Statistics Consumer Price Index (“CPI-U”) applicable to San Luis Obispo County, or as the Parties deem appropriate.
3.04.1 Projects Above the Maximum Cost Threshold. Major maintenance/repair/replacement projects for internal and external building systems (External systems that connect to the PAC, Roof/Physical Shell failure and Internal Systems like Electrical HVAC, Security, Life Safety, Lighting, Utilities, Telecom, and Energy Management) whose estimated cost exceeds the maximum amount of $250,000 shall be funded by an alternate method and resources. Once a project is determined to be above the maximum cost threshold, the Partners will meet within 30 days and determine the speci�ic funding sources to move forward with the project. The assessments to cover the funding of these projects shall be as
follows: two-thirds (2/3) assessed to the University, one-sixth (1/6) to the FPAC and one-sixth (1/6) to the City.
3.04.2 Annual Contribution to the Major Maintenance/Repair and Replacement Fund. The Major Maintenance/Repair and Replacement Fund will be funded by an annual contribution from the Center’s operating budget, and from other resources as the Commission may determine. The Director will prepare an annual budget of Major Maintenance/Repair and Replacement Fund project expenses for review and approval of the Commission and University President concurrent with the annual operating budget review and approval process. The Director will provide the Commission not less than quarterly updates of actual expenses compared to this approved annual Major Maintenance/Repair and Replacement Fund project budget.
3.05 Operating Budget and Reserves. The Center will be budgeted to operate on a balanced, �iscally viable basis. The Director will be responsible for preparing an annual balanced operating budget and setting reserve needs in consultation with the Commission. The Director shall not materially exceed the authorized budget limit without the prior consent of all three Parties represented on the Commission. The Commission and the Director shall conduct no less than quarterly reviews of actual results compared with the budget. If appropriate considering those results, the Commission may adopt, with concurrence of the University President, and the Director shall implement revision to the budget and to Center operations in order to avoid a de�icit. The budget will be effective when approved by the Commission and the University President (speci�ied in section 3.01). Any operating budget surplus at the end of the �iscal year will be allocated to the Operating Reserve, or as the Commission determines.
3.06 Event Presentation/Co-Promotion Risk Mitigation Fund. The Commission shall establish and maintain a Risk Mitigation Fund separate from the Operating Reserve and Major Maintenance/Repair/Replacement Reserve to supplement/offset any unbudgeted �inancial losses that may occur from the Center’s presentation and/or copromotion of events during a �iscal year, as provided for in section 4. Any resources drawn from this Fund will be replenished �irst by net revenue from subsequent presentations/co-promoted events, before such net revenue is accounted for/credited to the annual operating budget. If all Risk Mitigation Funds are exhausted, the Commission will determine whether or not to allocate additional funds from the Operating Reserve to replenish the Fund.
3.07 Fundraising, Sponsorship for Center Presentations, Outreach Program Support and Named Gifts. The Parties may agree to pursue the establishment of a Commission endowment when the spendable earnings of the FPAC’s endowment are suf�icient to cover the FPAC’s obligations under this agreement. When established, this Commission Operating Endowment Fund shall be held by a trustee approved by the Parties with the spendable earnings transferred for inclusion in the Center’s operating budget. Other funds held by the FPAC are not subject to this Agreement. FPAC will be the primary fundraising entity for the Center, including, but not limited to securing sponsors for Center presentations/co-promotions, donations to support the Center’s Outreach program, and donations for speci�ic special or capital projects. As a result of being the primary fundraising entity, the FPAC agrees to provide the University and the Commission annual 990’s and audited �inancial statements. The University, Commission and the Director shall coordinate with the FPAC to ensure that fundraising
is as ef�icient as possible. Notwithstanding the foregoing, FPAC shall consult with the University’s Advancement Department, and obtain the University’s approval (not to be unreasonably withheld or denied) before soliciting and obtaining a “naming gift” for any portion of the Center. The University will collaborate with FPAC to assist with this process to facilitate its success, while ensuring that this solicitation/donation does not con�lict with the University’s pre-existing plans to solicit a gift from the same donor.
3.08 Hold Harmless for University. The Commission shall release and hold harmless the University from any debts the Commission may incur. Failure to �inance a de�icit or to agree to a budget are grounds to terminate this Agreement.
Section 4 – Center Use and Access Scheduling
4.01 Use and Access Scheduling. The Director, in consultation with the Commission, shall develop, update and maintain an “Event Scheduling and Booking Policy,” consistent with the Center’s mission outlined in Section 1 and the requirement that the Center operate on a balanced, �iscally viable basis outlined in Section 3. This Policy will recognize and facilitate the City’s and community’s entitlement to fair and equitable access to and use of the Center. The Director will ensure that approximately one-third of occupied dates are reserved for City and community organization (FPAC) events appropriately re�lecting their combined approximate one-third share of capital costs (in excess of revenue) of the Center; and that approximately two-thirds of the occupied dates at the Center, including University-presented public events, shall be activities that enhance the University’s education mission. The University shall have priority scheduling for up to twelve (12) of�icial University functions (such as faculty
convocations and graduations) each �iscal year/season (July-June). This list is provided by the Of�ice of the President. The Director will work with the University to schedule these functions by October 15th of each year for events in the subsequent �iscal year (July 1 – June 30). Once the dates for these of�icial functions are received, the Center will next afford priority scheduling for the following �iscal year for annual ticketed public performances/events hosted by the University’s Music Department and the Center’s Resident Arts Organizations (as de�ined in the Scheduling and Booking Policy).
Once those events are scheduled, the scheduling for the University’s arts-presenting organization (Cal Poly Arts or its successor) begins, and it shall have access to booking until May 1. After May 1, the Center’s commercial presentations/co-promotions can be booked for a reasonable period before con�irming date requests for other events in the following �iscal year. The Director will make every effort to accommodate the needs and schedules of local performing groups (campus based and community based) including organizations which present touring performers. The Parties recognize certain users may best be served by scheduling more than one year in advance. The Director shall determine the means to adjust to that need while maintaining opportunities for �lexibility in scheduling. All use of the Center shall be subject to the Director’s scheduling decisions after consultation with the Commission. In the event of a scheduling con�lict or perceived unfairness in the allocation of Center usage for city and community sponsored events, the Director, the University and the Commission shall use their best efforts to resolve the con�lict and/or the perceived unfairness of date allocation. After good faith consultation, should the parties be unable to resolve said con�lict/incidence of perceived unfairness, the matter shall be referred to the
University President, whose decision in the matter shall be �inal. Community and campus non-pro�it groups will be charged at a lower rate for use of the Center than other groups. The Director shall develop and maintain a schedule of facility use fees and event related charges for use of the Center in consultation with the Commission, consistent with the mission of the Center, per Section 1, and �inancial management expectations, per Section 3. This schedule shall provide the most favorable/lowest facility use fee rate for University, City and FPAC events; with the Center’s Resident Arts Organizations receiving the next most favorable/discounted facility use rates; then other community non-pro�it, educational, and government organizations; before nondiscounted facility use rates for events presented by commercial, for-pro�it entities.
4.02 Resolution of Usage Con�lict. The only matter subject to con�lict resolution shall be the fairness in the allocation of Center usage for city and community sponsored events. In the event the City or FPAC takes exception to the fairness of Center usage allocated to city or community sponsored events in the proposed annual calendar developed by the Director and after review by the Commission, either the City or FPAC may write the University President, specifying the perceived unfairness. The writing must be submitted to the President within one week of receipt of the Director’s �inal schedule.
The President shall mediate between the complaining party or parties and the Director.
As speci�ied in Section 4.01, the decision of the President on the matter shall be �inal.
Section 5 - Concessions
5.01Concessions. The sale or other distribution of food and beverages will be an integral part of events which occur in the Center. Therefore, it is important that the Center’s
users and patrons have available a �irst-class, diverse, food and beverage offering. The California Polytechnic State University – Cal Poly Partners Campus Dining and Catering Department will be the primary food service provider for the Center, subject to a mutually agreeable Service Level Agreement that de�ines service, staf�ing, qualitative and �inancial expectations. Should this Department be unavailable, or unable to provide food and beverage catering services acceptable to the Center’s client for a particular event, the client may seek and secure catering services from another University-approved caterer for the event. The Director, in consultation with the Commission, shall develop concessions and catering policy guidelines and a Service Level Agreement. This Agreement will de�ine opportunities and parameters by which certain revenues from concessions and catering operations are shared with and accrue to the Center and be used to cover Center operations through the Operating Budget.
Section 6 – Acquisition and Display of Art
6.01 Acquisition and Display of Art. The display of art at the Center is an important function of the Center, which will be governed by the Art Acquisition and Display Policy established by the Commission. This Policy will be reviewed periodically by the Commission upon request of the Director or Commission and may be modi�ied as the Commission determines is necessary to ensure it appropriately honors and protects the free expression of ideas; and adequately considers its ability to preserve, protect and display pieces it may acquire consistent with available resources.
6.02 Art Acquisition Committee. Any works intended to become part of the permanent collection of the Center, must go through the approval process of the University’s Art Acquisition Committee.
Section 7 - Parking
7.01Parking Management Program. The University’s parking management program, policies and procedures will provide public access to campus parking facilities for events scheduled at the Center. The University agrees that providing adequate, though non-exclusive parking is a part of its responsibility. The Center and the University will execute a Service Level Agreement de�ining staf�ing, procedures, and �inancial aspects of parking for event patrons and Center/client personnel involved in events, (including rehearsals) scheduled at the Center. The University recognizes that safe, convenient, ef�icient access to and egress from parking before and after events for Center patrons is an important component of quality of the patron experience and will work collaboratively with Center staff to achieve this, to the greatest extent reasonably possible with available resources.
Section 8 – Miscellaneous Matters
8.01No Borrowing. The Commission shall not pledge as collateral the Center building, �ixtures or land they are situated upon for any loan, debt, or contract.
8.02 Insurance. The Commission, or the University on the Commission’s behalf, shall maintain the following types and amounts of insurance, subject to periodic adjustments to recognize in�lation and changes to industry standards:
8.02.1 Liability Insurance. The Commission shall obtain and keep in force a policy or policies of liability insurance for bodily injury, property damage, and personal injury with a single, combined liability limit of not less than $5,000,000 insuring against all liability of the Commission arising out of and in connection with use of occupancy of the Center. The Trustees, the City and FPAC, and any supporting auxiliary shall be named as additional insureds. The Commission shall maintain such other policies of liability coverage as the Board determines prudent.
8.02.2 Property Insurance – Premises. The Commission shall obtain and keep in force a policy or policies of insurance covering loss or damage to the Center, including �ixtures, equipment, and improvements to the extent of at least one hundred percent (100%) of full replacement value, providing protection against all perils included within the classi�ication of �ire, extended coverage, vandalism, malicious mischief, special extended perils (“all risk”, as such term issued in the insurance industry).
These shall include demolition, increased costs of construction, and change in building law endorsements.
8.02.3 Policy Form, Content, Insurer. All insurance required under this Agreement shall be issues by responsible insurance companies quali�ied to do business in California and reasonably acceptable to the Parties or under coverage provided by CSURMA/AORMA. All such insurance shall be issued as primary, not blanket, policies. No such policy shall be cancellable or subject to reduction of coverage or other modi�ication except after thirty (30) days prior written notice to the Parties.
8.03 Term and Renewal of Agreement. This Agreement shall remain in full force and effect, unless terminated or further amended as provided for below, for a period of ten (10)
years from the Effective Date. The Agreement shall be automatically renewed for another ten (10) year period upon its expiration, unless any of the Parties provides notice to the other Parties at least one-hundred and twenty (120) days prior to such expiration of its desire to modify or terminate the Agreement.
8.04 Termination. This Agreement shall terminate, and the relation among the Parties shall be dissolved upon the happening of any of the following:
8.04.1 Agreement of all Parties.
8.04.2 Failure of the Commission to adopt, in a timely manner, an Operating Budget with appropriate provision for reserves, as established by Commission policy, for a period of one year: after expiration of the most recent budget.
8.04.3 Failure of any of the Parties to deliver on the obligations outlines in this Operating Agreement after having been given written notice and a reasonable period to remedy any de�iciencies. Termination under this subsection shall no give rise to any claim for damages by any non-de�icient Party
8.05 Amendment. This agreement may be amended at any time, in whole or in part, once or more often by written agreement executed by the University, the City, FPAC, and the Commission. In the event of dissolution, the University will give recognition to the City’s and FPAC contributions to the Center by guaranteeing community access to the facility at a rental rate and on a schedule no less favorable than what is available to University-af�iliated groups for a minimum of ten (10) years, consistent with the community’s expectation of fair and equitable access to and use of the Center as set forth in Section 4.01 above.
8.06 No Assignment of Liability. No provision of this Agreement shall be used to assign liability for any claim or loss, damage, or injury which may occur at the Center, its facilities, or any University campus facilities.
Section 9 - Execution
9.01Due Authorization. Each of the Parties represents by executing this Agreement that he or she has been fully and completely authorized to do so and that he or she is empowered to bind the entity on whose behalf the Agreement is signed.
9.02 Third Party Bene�iciaries Clause. This Agreement is made solely and speci�ically for the bene�it of the Performing Arts Center and its partners, and no other Person or Entity shall have any rights, interest, or claims hereunder or be entitled to any bene�its under or on account of this Agreement as a third-party bene�iciary or otherwise.
Date: ____________________________ BOARD OF TRUSTEES OF THE STATE OF CALIFORNIA By:________________________________
Date:______________________________ CITY OF SAN LUIS OBISPO By: ________________________________ Mayor
Date: ______________________________ FOUNDATION FOR THE PERFORMING ARTS CENTER By: ________________________________ President; Board of Directors Date: ______________________________ CENTRAL COAST PERFORMING ARTS CENTER COMMISSION By: __________________________________ Chair
Attest: FOR THE CITY OF SAN LUIS OBISPO
City Clerk
1 _, r
# I
A-51-93-CC
OPERATING AGREEMENT for the
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Christopher Cohan Center – Performing Arts Center San Luis Obispo This Operating Agreement (Agreement), dated this is made and entered into and is effective this _____________ day of April_______, 2024 (the “Effective Date”), is .
This Agreement is made and entered into by and among the Foundation for the Performing Arts Center, a California non-profit public benefit corporation ("FPAC”); the City of San Luis Obispo, California (“the “City"); and the Board of Trustees of the California State University (the “University”) (“the Trustees") on behalf of California Polytechnic State University, San Luis Obispo (“the University"), and the Central Coast Performing Arts Commission, a non-profit public benefit corporation (the “Commission”), to provide for the operation and governance of the Christopher Cohan Center – Performing Arts Center San Luis Obispo (aka San Luis Obispo County Performing Arts Center, aka Christopher Cohan Center, and hereinafter “the “Center") which theFPAC, the University, Trustees, the University, the City and the Commission FPAC (collectively, the "Parties") have built, maintained, and/or operated.
From this date forward, this Agreement is the governing document for the Center, and supersedes and replaces all prior versions of any and all operating agreements for the Center, including but not limited to thoseat certain operating agreement dated March 31, 1993, andas amended on April 15, 2002, and further amended on July 25, 2023.
Any prior operating agreements in effect as of the eEffective dDate of this Agreement are hereby terminated by mutual agreement of the Parties hereto.
This agreement is made and entered into this 31st day of March, 1993, amended
2 on April 15, 2002, and further amended on July 25, 2023 by and among the Foundation for the Performing Arts Center, a California non-profit public benefit corporation ("FPAC”), the City of San Luis Obispo, California (the "City") and the State of California acting through the Trustees of the California State University (the "Trustees") on behalf of California Polytechnic State University, San Luis Obispo (the "University") to provide for the operation and governance of the Performing Arts Center (the "Center") which the Trustees, the University, the City and FPAC (collectively, the "Parties") have built.
Statement of Facts and Purposes
On or about December 5, 1989, the Parties FPAC, City, and University entered into a that certain Development Agreement, for the Center Performing Arts Center (“the “"Development Agreement"). (For clarification, the Development Agreement states it is entered into on the 13th day of November 1989, but was signed by the last party on December 5, 1989.)
. .
The Development Agreement called for the Pits parties to enter into an aAgreement for the operation of the Center, consistent with the Development Agreement. All other obligations of all those partnersPparties laid out in the Development Agreement have been fulfilled and this Operating Agreement is the only continuing agreement.
It is the intent of the Parties that the Center be operated cooperatively for the mutual benefit of the University and the people of San Luis Obispo County, on a permanent basis. The Parties affirm that the operation of the Center has fulfilled this intent during its existence. T, and the Parties seek to amend this Operating Agreement replaces prior operating agreements in order to identify the terms and conditions agreed to by the Parties and to reflect current operating practices of the Center, and allow it to respond to current and anticipated future performing arts industry practices and local market conditions in order to continue to fulfill theis intent of the Development Agreement.
3 Section 1 - Center Mission and Policies
1.01 The Intent and Mission. The Parties intend that the agree to operate the Center presents a wide array of events from as a facility where a broad mix of community, and University, and nonprofit organizations, and commercial producers will present a diverse array of events. The Parties intend to accomplish this through a Director (as hereafter defined) and a professional staff, and through the Central Coast Performing Arts Center Commission (“the “Commission”), all as more specifically provided in Section
2. The Parties intend that tThe Center functions primarily as a host/rental facility for other organizations to present events. However, in order to fulfill its mission to make a diverse array of events available to a broad demographic cross-section of San Luis Obispo County, as well as generate earned revenue, the Center management may present and/or co-promote certain events each season.
1.02 Policies on Use and Access. Center policies shall be developed and implemented by the Commission for use of and access to both interior spaces and exterior spaces of the Center, and in compliance with applicable policies of the Trustees and the University. As used in this Agreement, “exterior spaces” mean plazas and courtyards constructed as part of the Center. Such policies shall be consistent with the Parties’ intent that the Center be available to a diverse group of users. The Director, the Commission and the Parties shall respect the lawfully exercised artistic and other rights of expression of users of the Center.
1.03 Role and Goals of the Partners. The University shall have access to the Center as a venue for key University events, and two-thirds of the Center’s overall schedule must enhance the educational mission of the University.
The University will provide an appropriate number of staff to manage fiscal operations and custodial needs for the Center. The University shall be responsible for facility projects and improvements. This work will be paid for through the University’s annual
4 operating budget or major equipment maintenance/repair reserve fund, or as otherwise determined by the University. In the event of the failure of large internal or external building systems (terms laid out in Section 3.04), the University shall cover two-thirds of the expense and the City and FPAC shall each cover one-sixth of the expense to fix the affected system and keep the Center in operation.
The City, FPAC, and Commission will provide guidance and support to the Center and its staff to provide the citizens of San Luis Obispo and the surrounding area with a world class facility for the performing arts. These Parties are committed to providing local nonprofit arts groups an equitable share of time in the Center. (Terms laid out in Section
4.01)
Section 2 – Center Governance and Management
2.01 The Central Coast Performing Arts Center Commission. In consideration for the non-state funding provided by the City and FPAC for the Center, the Parties previously agreed to and did create a nonprofit public benefit corporation known as “The Central Coast Performing Arts Center Commission.” that the City, FPAC and the University shall create a nonprofit public benefit corporation. The purpose of the corporationCommission shall beis to advise the University and the Center manager on operating policies, scheduling, and maintenance policies. The Commission, with concurrence of the University President, shall adopt the operating budget and budget amendments.
2.01.1 Name. The nonprofit ꞏpublic benefit corporation formed by the Parties shall beis known as the Central Coast Performing Arts Center Commission (the “Commission”).
4.01.2 Board of Directors. The Commission shall be governed by a board of directors consisting of nine persons (“the "Board”).
5 2.01.3 Membership. The Commission shall haveꞏ no members, as provided in California Corporations Code Section 5310.
2.01.4 Powers and Responsibilities of the Commission. The Commission shall be advisory to the University and the Manager of the -Center as to operating policies, scheduling; and maintenance policies. The Ccommission, with concurrence of the University President, shall adopt the operating budget and budget amendments of ꞏ the Center all as set forth herein. ꞏ,
2.01.5 Selection of Directors. The President of the University shall appoint five directors and five alternates. The City shall appoint two directors and two alternates. FPAC shall appoint two directors and two alternates.
2.01.6 Compensation of Directors. No director shall be compensated for services as such, except that directors may be reimbursed for actual expenses incurred as permitted by California Corporations Code Section 5236, and approved by the Board.
2.01.7 Terms of Office. Directors shall be appointed for a three-year term. Directors’ terms may be renewed for one or more additional three- year terms at the discretion of the Party for whom they serve as a director. A Director may be removed at any time without cause by the Partyagency which appointed them.
2.01.8 Quorum. A quorum shall consist of five members of the Board, including at least one representative from each of the three Parties.
2.01.9 Officers. The Board shall select one of its members as Chair, one member as Vice-Chair, one member as Treasurer/CFO, and one as Secretary to serve at the pleasure of the Board. All officers, with the exception of the Treasurer/CFO, shall serve two -year terms, commencing and rotating in January. The Chair, Vice-Chair and Secretary shall not be from the same organization/Party. Upon expiration of the Chair’s two- year
6 term, the Vice-Chair shall succeed him/her as Chair for the succeeding two year term, and the Secretary will move into the Vice- Chair position. The then vacant Secretary position shall be filled by a member from the same organization/Party as the departing Chair. The Treasurer/CFO position shall be filled by a member from the University, and shall serve in that position for a period of time determined by the University President.
2.01.10 2.01.10 Voting. All actions of the Board other than adoption of a budget or changes to a budget require the approval of five (5) members with at least one vote from each of the Parties. Adoption of a budget or changes toaꞏ budget require the approval of seven (7) members with at least one vote from each of the Parties.
2.01.11 2.01.11 Regular Meetings. The Board shalI hold regular meetings, on a schedule to be agreed upon by the members; but, in any event, not less often than quarterly.
2.01.12 2.01.12 Special Meetings. Special meetings may be called by the Chair or by any two members.
2.01.13 2.01.13 Emergency Meetings. Emergency meetings
may be called by the Chair or by the Director when there are exigent circumstances that threaten the mission, operations or physical assets of the Center that are managed by the PACarties.
2.01.14 2.01.14 Public Meetings. Commission meetings,
being those of a California State University auxiliary organization as defined by California Education Code § 89901, shall be conducted in accordance with Education Code Section 89920 et seq. All meetings shall be held in the Center, unless some other meeting place providing convenient public accessibility is specified in the notice of meeting.
2.01.15 2.01.15 Bylaws. The Board shall, from time to time, adopt such bylaws, rules and policies not inconsistent with this Operating Agreement and the Development Agreement as it determines to be best suited to the internal operation of the Commission and its advisory role to the Manager of the Center and the President of the
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University_. Proposed bylaws and proposed bylaw amendments shall be submitted to each of the three Parties for review and comment, all in a timely manner.
2.02 Management. All aspects of the management and operation of the Center (including both interior and exterior spaces, furnishings and equipment) shall be the responsibility of a Director. The Director shall be a person qualified to perform the duties required to fulfill the Mission of the Center. Qualifications of the Director shall include, but not be limited to professional training, experience in performing arts and/or public assembly venue management, and the personal traits necessary to work effectively with a diverse group of University and community groups and individuals. The Director shall see to the wise use of the Center for the ultimate benefit of both the University community and the people of the City of San Luis Obispo and San Luis Obispo County. Prior to hiring a new Director, the Commission and the President of the University shall review and amend, as necessary, a detailed job description for the Director. Representatives of all three Parties shall participate in the hiring process and provide a recommended selection selection of the Managing Director to the President of the University. The final selection of the Director is under the sole and exclusive purview of the President of the University. The Director shall be an employee of the University or a University auxiliary organization, as the President of the University shall determine.
Early each year, in accordance with guidelines established by the President of the University in consultation with the Commission, the Commission will review the past year’s operations, including an assessment of the Director’s performance. The employer of the Director (University or the University Auxiliary) shall be responsible for insuring ensuring that the Director operates the Center as contemplated by within this Agreement, and in accordance with the and budgets and policies of the Center adopted by the Parties or the Commission, as provided in this Aagreement. The Commission
8 shall advise the President in the selection of the Director. The Director shall be responsible to and serve at the pleasure of the University President and shall serve as liaison to the Commission on broad policy matters. The Director shall be responsible for all administrative and operating matters. The President shall consult with the Commission in the review of the Director and prior to terminating the Director.
2.022.01 Other Center Staff. The balance of the oOperating staff of the Center will be employees of the University or a University auxiliary. The Commission- shall reimburse the University and orthe University auxiliary, as appropriate, each year, in the amount set forth in the final approved Center budget, for compensation and benefits for the operating staff of the Center; consistent with Section 3 of this Agreement and the Development Agreement. The Director and certain other Center Management staff will be employees of the University or a University auxiliary, and their compensation and benefits expense will be paid by their employer e University as part of its annual assessment to cover Center operating costs, as set forth in Section 3, below. The Commission will contract with the California Polytechnic State University Cal Poly Partners or some other entity suitable to the Commission and the University President, for its accounting and financial management and facility support services.
The Director shall be responsible for the appropriate use and operation of the Center, and for the hiring, training, retention, control and, as needed, the discipline and termination of Center employees reporting to the Director. The Director will report to the University President and inform the Commission on these matters.
Section 3 – Center Fiscal Matters
3.01. Financing of Center Operations. The assessments to cover the budget requirements of the Center shall be shared by the Parties as follows: two-thirds (2/3) assessed to the University, one-sixth (1/6) to the Foundation for the Performing Arts CenterFPAC and one-sixth (1/6) to the City of San Luis Obispo [(collectively, the
9 “Partners’ Contributions.”] .”) The assessment requirement is caPartners’ Contributions shall be lculated asequal to the sum of the Center annual budget for operations and contribution to reserves, less revenue derived from operations. For purposes of calculating the budget, The operating costs shall include all costs of operation, including but not be limited to, management and staff compensation, marketing, fiscal management and bank fees, staff travel and training, insurance, contracts for services, supplies and equipment, interest expense, routine maintenance and utilities, and other miscellaneous operating expenses deemed appropriate by the Commission. Reserves shall include, but not be limited to, operations, promotion or co-promotion risk mitigation fund, major maintenance, and repair and replacement. Center operation revenue shall include facility use rent, administrative fees for University events, reimbursement for event related labor expenses (plus contribution to overhead), per-ticket fees on tickets sold for events at the Center and through the Cal Poly Ticket Office, net ticket sales from Center presented and co-promoted ticketed events, grant support from FPAC and other donors for the Center’s Outreach (youth arts-in-education) Program, interest income, and other revenue items as agreed by the Parties. The Center’s fiscal management (i.e. procurement, cash handling, etc.) shall follow policies established by Cal Poly Partners, who currently supports the Center’s fiscal services.
3.02. FPAC Support for the Outreach Program. In addition to its annual Partner Contribution specified above, the FPAC will provide an annual grant to the Center to fund a portion of the Center’s Outreach Program. FPAC staff will collaborate with the Director during the development of the annual operating budget each year to determine the scope of, and associated costs for the Outreach Program for the upcoming fiscal year, and therefore the size of FPAC’s grant to support the Program. The Center, through the Parties, will provide appropriate recognition for FPAC’s support of the Outreach Program in marketing and publicity materials associated with the Program.
10 3.03. University Support and Maintenance. The University will provide the Center with utilities, routine building maintenance and minor repairs/upgrades, and custodial services consistent with state criteria and reasonable industry standards for professional performing arts center facilities. The University’s maintenance staff will consult and cooperate with the Managing Director as to maintenance and service needs and scheduling occasioned by the Center’s schedule and uses. Costs associated with these items will be included in the operating costs of the Center and shared by the Parties per section 3.01 above. Maintenance and repair of the grounds and landscaping adjacent to the Center, including the Plaza in front of the Center, and loading dock area, shall be the responsibility of the University and not at a cost to the Center’s operating budget or major maintenance fund.
3.04 Major Maintenance/Repair and Replacement Reserve Fund. The Parties shall establish and shall maintain a dedicated Reserve Fund for costs associated with maintenance, repairs, upgrade and/or replacement of Center equipment, systems, furnishings, fixtures, interior finishes, and structures that exceed the scope and costs of “routine maintenance and minor repairs/upgrades” covered by the Center’s annual operating budget, as specified above. In general, such “major maintenance, repair or replacement/upgrade projects shall have a minimum estimated cost of $7,500, and a maximum estimate cost of $250,000. (2022 dollars). These minimum and maximum cost thresholds will be adjusted annually by the percentage increase in the Federal Bureau of Labor Statistics Consumer Price Index (“CPI-U”) applicable to San Luis Obispo County, or as the Parties deem appropriate.
3.04.1 Projects Above the Maximum Cost Threshold. Major maintenance/repair/replacement projects for internal or external building systems (External systems that connect to the PAC, Roof/Physical Shell failure and Internal Systems (i.e. Electrical, HVAC, Security, Life Safety, Lighting, Utilities, Telecom, and
11 Energy Management) whose estimated cost exceeds the maximum amount of $250,000 shall be funded by an alternate method and resources. Once a project is determined to be above the maximum cost threshold, the Partners will meet within 30 days and determine the specific funding sources to move forward with the project. The assessments to cover the funding of these projects shall be as follows: two-thirds (2/3) assessed to the University, one-sixth (1/6) to the FPAC and one-sixth (1/6) to the City.
3.04.2 Annual Contribution to the Major Maintenance/Repair and Replacement Fund. The Major Maintenance/Repair and Replacement Fund will be funded by an annual contribution from the Center’s operating budget, and from other resources as the Commission may determine. The Director will prepare an annual budget of Major Maintenance/Repair and Replacement Fund project expenses for review and approval of the Commission and University President concurrent with the annual operating budget review and approval process. The Director will provide the Commission not less than quarterly updates of actual expenses compared to this approved annual Major Maintenance/Repair and Replacement Fund project budget.
3.05 Operating Budget and Reserves. The Center will be budgeted to operate on a balanced, fiscally viable basis. The Director will be responsible for preparing an annual balanced operating budget, and setting reserve needs in consultation with the Commission. The Director shall not materially exceed the authorized budget limit without the prior consent of all three Parties represented on the Commission. The Commission and the Director shall conduct no less than quarterly reviews of actual results compared with the budget. If appropriate in light of those results, the Commission may adopt, with concurrence of the University President, and the Director shall implement revisions to the budget and to Center operations in order to avoid a deficit. The budget will be effective when approved by the Commission and
12 the University President. (Specified in section 3.01) Any operating budget surplus at the end of the fiscal year will be allocated to the Operating Reserve, or as the Commission determines.
3.06 Event Presentation/Co-Promotion Risk Mitigation Fund. The Commission shall establish and maintain a Risk Mitigation Fund separate from the Operating Reserve and Major Maintenance/Repair/Replacement Reserve to supplement/offset any unbudgeted financial losses that may occur from the Center’s presentation and/or co-promotion of events during a fiscal year, as provided for in Section 4. Any resources drawn from this Fund will be replenished first by net revenue from subsequent presentations/co-promoted events, before such net revenue is accounted for/credited to the annual operating budget. In the event that all Risk Mitigation Funds are exhausted, the Commission will determine whether or not to allocate additional funds from the Operating Reserve to replenish the Fund.
3.07 Fundraising, Sponsorship for Center Presentations, Outreach Program Support and Named Gifts.
The Parties to the Commission may agree to pursue the establishment of a Commission endowment when the spendable earnings of the FPAC’s endowment are sufficient to cover the FPAC’s obligations under this agreement. When established, this Commission Operating Endowment Fund shall be held by a trustee approved by the Parties with the spendable earnings transferred for inclusion in the Center’s operating budget. Other funds held by the FPAC are not subject to this agreementAgreement. FPAC will be the primary fundraising entity for the Center, including, but not limited to securing sponsors for Center presentations/ co-promotions, donations to support the Center’s Outreach Program, and donations for specific special or capital projects. The University, Commission and the Managing Director shall
13 coordinate with the FPAC to ensure that fundraising is as efficient as possible. Notwithstanding the foregoing, FPAC shall consult with the University’s Advancement Department, and obtain the University’s approval (not to be unreasonably withheld or denied) before soliciting and obtaining a “naming gift” for any portion of the Center. The University will collaborate with FPAC to assist with this process to facilitate its success, while ensuring that this solicitation/donation does not conflict with the University’s pre-existing plans to solicit a gift from the same donor.
4.01 Hold Harmless for TrusteesUniversity. The Commission will shall release and hold harmless the Trustees of the California State UniversityUniversity from any debts the Commission may incur. Failure to finance a deficit or to agree to a budget may beare grounds to terminate this Agreement.
Section 4 – Center Use and Access Scheduling
4.01 Use and Access Scheduling. The Director, in consultation with the Commission, shall develop, update and maintain an “Event Scheduling and Booking Policy,” consistent with the Center’s mission outlined in Section 1 and the requirement that the Center operate on a balanced, fiscally viable basis outlined in Section 3. This Policy will recognize and facilitate the cCity’s and community’s entitlement to fair and equitable access to and use of the Center. The Director will ensure that approximately one-third of event dates are reserved for City and community organization (FPAC) events appropriately reflecting their combined approximate one-third share of the capital costs (in excess of revenue) of the Center and that approximately two-thirds of the event dates at the Center, including University-presented public events, shall be activities that- enhance the University’s educational mission.
14 The University shall have first priority scheduling for up to twelve (12) official University functions (such as faculty convocations and graduations) each fiscal year/season (July-June). This list is provided by the Office of the President. The Director will work with the University partners to schedule these functions by October 15th, of each year for events in the subsequent fiscal year (July 1 – June 30). Once the dates for these official functions are received, the Center will next afford priority scheduling for the following fiscal year for annual ticketed public performances/events hosted by the University’s Music Department and the Center’s; Resident Arts Organizations (as defined in the Scheduling and Booking Policy).; Once those events are scheduled, the scheduling for the University’s artspresenting organization (Cal Poly Arts or its successor) begins, and theyit shall have access to booking until May 1.; and After May 1, the Center’s commercial presentations/ co-promotions can be booked for a reasonable period of time before confirming date requests for other events in the following fiscal year. .
Once an event and date is identified, the University’s presenting department, will be given the first opportunity to present the proposed event.
If the University’s presenting organization decides not to add the event to the schedule, the Center will then have the opportunity to move forward with presenting or co-promoting the event with a different presenter. Proposed events should aim to provide different genres than the Center’s resident tenants and Campus presenting organization so there is no direct competition for fundraising dollars and ticketing revenue. Events cannot be confirmed until after the Campus presenting department’s season is confirmed. Artist offers must be in line with the Campus presenting department’s show budgets (i.e. venue, labor and tech rates, and ticket fees) as to not
15 .
weaken the shared negotiating power in the performing arts industry.
The Center will not be the exclusive home for any user group. The Director will make every effort to accommodate the needs and schedules of local performing groups (campus based and community based) including organizations which present touring performers. The Parties recognize that certain users may best be served by scheduling more than one year in advance. The Director shall determine the means to adjust to that need while maintaining opportunities for flexibility in scheduling. All use of the Center shall be subject to the Director’s scheduling decisions after consultation with the Commission. In the event of a scheduling conflict or perceived unfairness in the allocation of Center usage for city or community sponsored events the Director, the University and the Commission shall use their best efforts to resolve the conflict and/or the perceived unfairness of date allocation, pursuant to section 4.02 of this Agreement. After good faith consultation, should the parties be unable to resolve said conflict/incidence of perceived unfairness, the matter shall be referred to the University President, whose decision in the matter shall be final.
Community and campus nonprofit groups will be charged at a lower rate for use of the Center than other groups. The Director shall develop and maintain a schedule of facility use fees and event related charges for use of the Center in consultation with the Commission, consistent with the mission of the Center, per section 1, and financial management expectations, per section 3. This schedule shall provide the most favorable/lowest facility use fee rates for University, City and FPAC events; with the Center’s Resident Arts Organizations receiving the next most
16 j
favorable/discounted facility use rates; then other community non-profit, educational, and government organizations; before non-discounted facility use rates for events presented by commercial, for-profit entities.
4.02 Resolution of Usage Conflict.
4.02.1 Issues Covered. The only matter subject to conflict resolution shall be the fairness in the allocation of Center usage for city or community sponsored events.
4.02.2 Complaint Procedure. In the event the City or FPAC takes exception to the fairness of Center usage allocated to city or community sponsored events in the proposed annual calendar developed by the Director and after review by the Commission, either the City or the FPAC may write the University President, specifying the perceived unfairness. The writing must be submitted to the President within oneweek of receipt of the Director's final schedule. The President shall use his "good offices” to mediate between the complaining party or parties and the Director. If the entity cannot accept the President's decision in mediation, it or they may appeal the matter to a dispute resolution committee.
4.02.3 Dispute Resolution Committee. The dispute resolution committee shall be composed of three members with each Party having one representative. If agreement can’t be reached, dispute resolution will go to an external arbitrator to decide upon the dispute. The arbitrator will be paid for by the appealing party.
4.02.4 Time Limit. It is expected that the dispute process shall be completed within thirty (30) days of the time it is begun.
Section 5 - Concessions
5.01 Concessions. The sale or other distribution of food and beverages will be an integral part of events which occur in the Center. Therefore, it is important that the Center's users and patrons have available a first-class, diverse, food and beverage
17 offering. The California Polytechnic State University Cal Poly Partners Campus Dining and Catering Department will be the primary food service provider for the Center, subject to a mutually agreeable Service Level Agreement that defines service, staffing, qualitative and financial expectations. Should this Department be unavailable, or unable to provide food and beverage catering services acceptable to the Center’s client for a particular event, the client may seek and secure catering services from another University-approved caterer for the event.
The Director in consultation with the Commission shall develop concessions and catering policy guidelines to be incorporated into this Service Level Agreement. All concessions and catering at the Center will be operated within these policy guidelines and Service Level Agreement. This Agreement will define opportunities and parameters by which certain revenues from concessions and catering operations are shared with and accrue to the Center and be used to cover Center operations through the Operating Budget.
Section 6 - Acquisition and Display of Art
6.01. Acquisition and Display of Art. The display of art at the Center is an important function of the Center, and which will be governed by the Art Acquisition and Display Policy established by the Commission. This Policy will be reviewed periodically by the Commission upon request of the Director or Commission, and may be modified as the Commission determines is necessary to ensure it appropriately honors and. protects the free expression of ideas; and adequately considers its ability to preserve, protect and display pieces it may acquire consistent with available resources.
6.02 Art Acquisition Committee
Any works intended to become part of the permanent collection of the Center, must go through the approval process of the University’s Art Acquisition Committee.
18 Section 7 - Parking
. 7.01. Parking Management Program. The University’s parking management program, policies and procedures will provide public access to campus parking facilities for events scheduled at the Center. The University agrees that providing adequate, though nonexclusive parking is a part of its responsibility. The Director Center and the University will execute a Service Level Agreement defining staffing, procedures, and financial aspects of parking for event patrons and Center/client personnel involved in events, (including rehearsals) scheduled at the Center. The University recognizes that safe, convenient, efficient access to and egress from parking before and after events for Center patrons is an important component of quality of the patron experience, and will work collaboratively with Center staff to achieve this, to the greatest extent reasonably possible within available resources.
Section 8 - Miscellaneous Matters
8.01. No Borrowing. The Commission shall not pledge as collateral the Center building, fixtures, or land they are situated upon for any loan, debt, or contract.
8.02. Insurance. The Commission, or the University on the Commission’s behalf, shall maintain the following types and amounts of insurance, subject to periodic adjustments to recognize inflation and changes in industry standards:
8.02.1 Liability Insurance. The Commission shall obtain and keep in force a policy or policies of public liability and property damage insurance for bodily injury, property damage, and personal injury with a single combined liability limit of not less than $5,000,000, and property damage limits of not less than $500,000 insuring against all liability of the Commission arising out of and in connection with use of occupancy of the Center. The Trustees, the City and FPAC, and any supporting auxiliary shall be
19 named as additional insureds. The Commission shall maintain such other policies of liability coverage as the Board determines prudent.
8.02.2 Property Insurance - Premises. The Commission shall obtain and keep in force a policy or policies of insurance covering loss or damage to -the Center, including fixtures, equipment, and improvements to the extent of at least one hundred percent (100%) of full replacement value, providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils ("all risk", as such term issued in the insurance industry). These shall include demolition, increased costs of construction, and change in building law endorsements.
8.02.3 Policy Form, Content, Insurer. All insurance required under this Agreement shall be issued by responsible insurance companies qualified to do business in California and reasonably acceptable to the Parties or under coverage provided by CSURMA/AORMA. All such insurance shall be issued as primary, not blanket, policies. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to the Parties.
8.03. Term and renewal of Agreement. This Amended Agreement shall remain in full force and effect, unless terminated or further amended as provided for below, for a period of 10 (ten) years from the Effective date Dateof its execution. The Agreement shall be automatically renewed for another 10 (ten) year period upon its expiration, unless any of the Parties provides notice to the other Parties at least 120 (one hundred twenty) days prior to such expiration of its desire to modify or terminate the Agreement.
8.04. Termination. This Agreement shall terminate, and the relationship among the Parties shall be dissolved upon the happening of any of the following:
a. Agreement of all three Parties.
b. Failure of the Commission to adopt, in a timely manner, an Operating
20 Budget with appropriate provision for reserves, as established by Commission policy, for a period of one year: after expiration of the most recent budget.
c. Failure of any of the parties to deliver on the obligations outlined in this Operating Agreement after having been given written notice and a reasonable period to remedy any deficiencies. Termination under this subsection shall not give rise to any claim for damages by any non-deficient partyParty.
8.05. Amendment. This agreement may be amended at any time, in whole or in part, once or more often, by written agreement executed by the University, Trustees of The California State University, the University, the City of San Luis Obispo, and the Foundation for the Performing ArtsFPAC, and the Commission. In the event of dissolution, Trustees the University will give recogniti,on to the City's and FPAC's contributions to the Center by guaranteeing community access to the facility at a rental rate and on a schedule no less favorable than what is available to University- affiliated groups for a minimum of ten years, , consistent with the community's expectation of fair and equitable access to and use of the Center as set forth in Section 4.01 above.
8.06. No assignment of liability. No provision of this Agreement shall be used to assign liability for any claim of loss, damage, or injury which may occur at the Center, its facilities, or any UniversityCal Poly campus facilities or facilities of the Trustees, which shall be assigned under general principles of liability.
21 .-Section 9 - Execution
9.01. Due Authorization. Each of the Parties represents by executing this Amended Agreement that he or she has been fully and completely authorized to do so and that he or she is empowered to bind the entity on whose behalf the Agreement is signed.
9.02 Third Party Beneficiaries Clause. This Agreement is made solely and specifically for the benefit of the Performing Arts Center and its partners, and no other Person or Entity shall have any rights, interest or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise.
22 Date: _______ BOARD OF TRUSTEES OF THE CALIFORNIA STATE
UNIVERSITY
By: _____________________________
RE : A-51-93-CC
Operating Agreement for theꞏ Christopher Cohan CenterPerforming Arts Center San Luis Obispo Date: CALIFORNIA POLYTECHNIC
STATE UNIVERSITY
By: President
Date: CITY OF SAN LUIS OBISPO
By:
Mayor
Date: FOUNDATION FOR THE PERFORMING
ARTS CENTER_
By:
President; Board of Directors
Date: CENTRAL COAST PERFORMING ARTS
COMMISSION_
By:
President
ATTEST:
FOR THE CITY OF SAN LUIS OBISPO
City Clerk
Central Coast Performing Arts Center Commission Governance and Bylaws As of 10/3/24
1.01 The Central Coast Performing Arts Center Commission. In consideration for the non-state funding provided by the City of San Luis Obispo (City) and Foundation for the Performing Arts Center (FPAC) for the Performing Arts Center (Center), the Parties agree that the City, FPAC, and the California Polytechnic State University (University), shall create a nonprofit public benefit corporation. The purpose of the corporation shall be to advise the University and the Director of the Center on operating policies, scheduling and maintenance policies. The Commission, with concurrence of the University President, shall adopt the operating budget and budget amendments each fiscal year.
1.02 Name. The nonprofit public benefit corporation formed by the Parties shall be known as the Central Coast Performing Arts Center Commission (Commission).
1.03 Board of Directors. The Commission shall be governed by a board of directors consisting of nine people with nine additional alternates.
1.04 Membership. The Commission shall have no members, as provided in California Corporations Code Section 5310.
1.05 Powers and Responsibilities of the Commission. The Commission shall be advisory to the University and the Director of the Center as to operating policies, scheduling and maintenance policies. The Commission, with concurrent of the University President, shall adopt the operating budget and budget amendment of the Center and approve the annual schedule.
1.06 Selection of Board of Directors. The President of the University shall appoint five directors and five alternates. The City shall appoint two directors and two alternates. The FPAC shall appoint two directors and two alternates.
1.07 Compensation of Directors. No director shall be compensated for services as such, except that directors may be reimbursed for actual expenses incurred as permitted by California Corporations Code Section 5236 and approved by the Board.
1.08 Terms of Office. Directors shall be appointed for a three-year term. Directors’ terms may be renewed for one or more additional three-year terms at the discretion of the Party for whom they serve as a director. A Director may be removed at any time without cause by the agency which appointed them.
1.09 Quorum. A quorum shall consist of seven directors or alternates of the Board, including at least one representative from each of the three Parties.
1.10 Officers. The board shall select one of its directors as Chair, one director as ViceChair, one director as Secretary and one director as Treasurer/CFO to serve at the pleasure of the Board. All officers, with the exception of the Treasurer/CFO, shall serve two-year terms, commencing and rotating in July. The Chair, Vice-Chair, and Secretary shall not be from the same organization/Party. Upon expiration of the Chair’s two-year term, the Vice-Chair shall success him/her as Chair for the
succeeding two-year term, and the Secretary will move into the Vice-Chair position.
The then vacant Secretary position shall be filled by a member from the same organization/Party as the departing Chair. The Treasurer/CFO position shall be filled by a member from the University and shall serve in that position for a period of time determined by the University President.
1.11 Voting. All actions of the Board other than the adoption of a budget or changes to a budget require the approval of five (5) members with at least one vote from each of the Parties. Adoption of a budget or changes to a budget require the approval of seven (7) members with at least one vote from each of the Parties.
1.12 Regular Meetings. The Board shall hold regular meetings with meetings in October, February, May and June.
1.13 Special Meetings. Special meetings may be called by the Chair or by any two voting Directors.
1.14 Emergency Meetings. Emergency members may be called by the Chair or by the Director of the Center when there are exigent circumstances that threaten the mission, operations or physical assets managed by the Center.
1.15 Public Meetings. Commission meetings, being those of a California State University auxiliary organization as defined by California Education Code 89901, shall be conducted in accordance with Education Code Section 89920 et seq. All meetings shall be held in the Center, unless some other meeting place providing convenient public accessibility is specified in the notice of meeting.
1.16 Bylaws. If any of the Board of Directors would like to amend/change the Bylaws, proposed changes or amendments shall be submitted to each of the three Parties and all voting members and alternates for review and comment, all in a timely manner.
Item 6f
Department: Public Works
Cost Center: 5002
For Agenda of: 1/14/2025
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Brendan Pringle, Senior Business Analyst
SUBJECT: AUTHORIZE INCREASE TO LANDSCAPE SERVICE CONTRACTS FOR
ALLWEATHER LANDSCAPE MAINTENANCE & TENNIS LANDSCAPE
RECOMMENDATION
1. Approve the AllWeather Landscape Maintenance contract amount of $305,582, inclusive of all prior contract scope amendments totalling $88,800, and authorize the Public Works Director and City Manager to amend the contract up to their purchasing authority in accordance with the City's purchasing policy; and
2. Approve the Tennis Landscape contract amount of $742,395, inclusive of all prior contract scope amendments totalling $162,900, and authorize the Public Works Director and City Manager to amend the contract up to their purchasing authority in accordance with the City's purchasing policy.
POLICY CONTEXT
Section 257 of the Financial Management Manual – “Contract Amendments” requires approvals by the Fiscal Officer for cumulative amendment total up to $10,000, Director between $10,000 and $70,000, and City Manager when the cumulative amendment total is between $70,000 to $149,999. Council approval is required when amendments cumulatively total $150,000 or more.
DISCUSSION
Background
The City uses contract services to perform landscape maintenance services for parks, traffic medians, sound walls, parking lots, railroad right-of-way, and weed abatement.
This methodology has allowed the City to provide maintenance services for the community at a lower cost and allows for both the increase and decrease of services offered based upon community demand and available funds.
Item 6f
After a competitive Request for Proposal (RFP) process for landscape maintenance services, the City entered into separate agreements with AllWeather Landscape Maintenance, Tennis Landscape, and EMTS Landscape for the term of February 1, 2021 to February 28, 2025. The terms of the agreements may be extended for an additional two (2) years. These original agreements covered routine maintenance and seasonal enhancements for key areas as needed. Community demands and the addition of new facilities, such as the Avila Ranch parkland and North Broad Street Park, over the last three years have required the need for expanded contract service. As a result, the AllWeather and Tennis Landscape contracts have been amended multiples times to accommodate a broader scope and ensure that service standards are maintained. There have been no amendments to the EMTS Landscape contract.
In alignment with the City’s policy and standard practice, the prices for ongoing landscape maintenance contracts are adjusted annually based on the Consumer Price Index (CPI), capped at a maximum increase of 5% from the previous contract year. The agreement with AllWeather Landscape Maintenance and Tennis Landscape Maintenance specifically ties these cost adjustments to the U.S. Consumer Price Index for All Urban Consumers in the Los Angeles area.
AllWeather Agreement & Contract Adjustments
The AllWeather contract now includes six amendments to maintain newly added park locations and green spaces not previously covered under the initial agreement, including Avila Ranch parkland. These areas require regular maintenance, seasonal planting, and periodic updates to landscaping features. AllWeather’s maintenance areas are comprised of City parks, traffic islands and medians, sound walls, Bill Roalman Bicycle Boulevard, City Corporation Yard, the Union Pacific Railroad right-of-way, and various parking lots and structures. The agreement and approved amendments (1-3) are included as Attachment A to this report. Amendments 4, 5 and 6, which have been executed by the Public Works department and AllWeather but not approved under the City's purchasing policy, are presented in Attachment B. Amendment 6 is included strictly for annual CPI adjustment, which was specified in the original contract and doesn’t change the scope of services.
The original cost of the AllWeather Landscape contract was $184,320. Six total amendments to the contract cumulatively add $88,800 in increased scope to the contract since 2021. Staff is seeking approval of cumulative value of the contract scope amendments for AllWeather Landscape Maintenance, totaling $88,800. If Council authorizes the total contract value of $305,582 for AllWeather Landscape, in the future and as needs arise, the City Manager will be able to amend this agreement value up to $149,999 in compliance with purchasing policy provisions.
The following table reflects all amendments and CPI adjustments to the AllWeather agreement.
Item 6f
Table 1: AllWeather Agreement Amendments
AllWeather Contract
Contract Adjustments Adjustment
Cost
Cumulative
Total Authority Level
Amendment 1 (Scope of Work) $37,680 $37,680 Department Head Amendment 2 (Scope of Work) $5,904 $43,584 Department Head Amendment 3 (Scope of Work) $8,352 $51,936 Department Head Amendment 4 (Scope of Work) $29,820 $81,756 City Manager Amendment 5 (Scope of Work) $7,044 $88,800 City Manager Amendment 6
(CPI Adjustments - Cumulative)
$32,462 $121,262 Department Head
Original Contract $ 184,320
Total Scope of Work Amendments $ 88,800
Total CPI Adjustments $ 32,462
Contract Including Scope of Work and CPI Amendments $ 305,582 Tennis Landscape Agreement & Amendments
The Tennis Landscape agreement now includes nine amendments to maintain newly added park locations and green spaces not previously covered under the initial agreement, including the Avila Ranch basins and parkways. These areas also require regular maintenance, seasonal planting, and periodic updates to landscaping features.
Tennis Landscape’s maintenance areas are comprised of city parks and facilities, Mission Plaza Extension, traffic islands and medians, sound walls, monuments and fountain, street frontages, walkways, SLO Transit Bus Barn, the Water Resource Recovery Facility (WRRF), weed abatement, and supplemental support at Santa Rosa and Sinsheimer Parks. The Agreement and approved amendments (1-4) are included as Attachment C to this report; Amendments 2 and 3 are nonexistent, and the result of a numbering issue.
Amendments 5-9, which have been executed by the Public Works department and Tennis Landscape, but not approved under the City's purchasing policy, are presented as Attachment D. Amendment 8 is included strictly for the cumulative CPI adjustment, which was specified in the original contract and doesn’t change the scope of services.
The original cost of the Tennis Landscape contract was $499,332. Nine amendments to the contract cumulatively add $162,900 in increased scope to the contract since 2021.
According to the City Purchasing Policy, Amendments 6-9 cause the cumulative amendment total to reach the threshold of Council approval, as contract amendments cumulatively total $150,000 or more. Staff is seeking approval of cumulative value of contract amendments for Tennis Landscape, totaling $162,900. If Council authorizes the total contract value of $742,395 for Tennis Landscape, in the future and as needs arise, the City Manager will be able to amend this agreement value up to $149,999 in compliance with purchasing policy provisions.
Item 6f
The following table reflects all amendments and CPI adjustments to the Tennis Landscape agreement.
Table 2: Tennis Landscape Agreement Amendments and CPI Adjustments Previous Council or Advisory Body Action
On July 21, 2020, Council authorized staff to invite proposals for the Landscape Maintenance Service contracts and authorized the City Manager to award the contracts if the total was within the available annual budget. Tennis Landscape, AllWeather and EMTS Landscaping were awarded contracts.
CONCURRENCE
Public Works and Finance Departments concur with the recommendation.
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.
Tennis Landscape Contract
Contract Adjustments Additional Cost Cumulative
Total Authority Level
Amendment 1 (Scope of Work) $27,600 $27,600 Department Head Amendment 2 (Scope of Work) $0 $27,600 Department Head
Amendment 3 (Scope of Work) $0 $27,600 Department Head
Amendment 4 (Scope of Work) $11,520 $39,120 Department Head Amendment 5 (Scope of Work) $57,000 $96,120 City Manager Amendment 6 (Scope of Work) $54,000 $150,120 Council
Amendment 7 (Scope of Work) $11,100 $161,220 Council
Amendment 8 (CPI AdjustmentsCumulative) $80,163 $241,383 Department Head Amendment 9 (Scope of Work) $1,680 $243,063 Council
Original Contract $ 499,332
Total Scope of Work Amendments $ 162,900
Total CPI Adjustments $ 80,163
Contract Including Scope of Work and CPI Amendments $ 742,395
Item 6f
FISCAL IMPACT
Budgeted: Yes Budget Year: 2024-25
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $220,260 $220,260 $0 $220,260
Avila Ranch
CFD Fund
(213)
$31,440 $31,440 $0 $31,440
State
Federal
Fees
Other:
Total $251,700 $251,700 $0 $251,700
The six total amendments for AllWeather total $88,800 and the nine total amendments for Tennis Landscape total $162,900, for a combined total of $251,700. This is covered by operating budget from the General Fund and Avila Ranch Fund for FY 2024-25 and does not require any additional funding. These costs are augmented annually based on CPI, as outlined in the agreement, and the costs above reflect current costing of the scope amendments.
ALTERNATIVES
Council could refrain from authorizing increases to the AllWeather and Tennis Landscape agreements. This is not recommended, as it would limit the City’s ability to maintain the landscaping at the City’s parks or green spaces. This investment is crucial to meeting community expectations and maintaining these spaces at a high standard for the City’s residents.
ATTACHMENTS
A - AllWeather Agreement & Amendments 1-3 (Approved)
B - AllWeather Amendments 4-6
C - Tennis Landscape Agreement & Amendments 1-4 (Approved) D - Tennis Landscape Amendments 5-9
City of San Luis Obispo
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City of San Luis Obispo
Specification No. 50200-2020-LS
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City of San Luis Obispo
Specification No. 50200-2020-LS
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City of San Luis Obispo
Specification No. 50200-2020-LS
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DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60
AMENDMENT TO AGREEMENT
AMENDMENT NO. I
AGREEMENT TO PROVIDE LANDSCAPE MAJNTENANCE SERVICES
SPEClFICA TJON NO. 50200-2020LS
THIS AMENDMENT TO AGREEMENT is made and <mlered in the City of San Luis Obispo on October 13, 2021 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and AIIWeathcr Landscapes, Inc. hereinafter refc1Ted to as Contractor.
WITNESS ETH:
WHEREAS, on Oclober 15, 2021 the City entered into an Agreemenl wilh Contractor for Landscape Maintenance Services per Specification No. 50200·2020LS; and WHEREAS, the City desires to amend the agreement to provide weekly Landscape Maintenance Services for the French Park (1040 Fuller), Islay Park (1511 Tank Farm Rd.) and Adobe Rodriguez Park (1341 Purple Sage) commencing on October 15, 2021; and
WHEREAS, the Contractor has agreed to provide additional weekly Landscape Maintenance Services for the French Park ( I 040 Fuller), Islay Park (1511 Tank Fann Rd.) and Adobe Rodriguez Park ( 1341 Purple Sage). This is a temporary landscape maintenance service, by the Conlractor until the pe,manent fulltime employee position is filled.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
I. The scope of services and related compensation is hereby amended as set forth in Exhibit 'A' attached hereto.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the pa11ies hereto have caused this instrument to be executed lhe day and year first written above.
CITY OF SAN J,HHISPO
ny:t/v{t- =-
Matt Hom, Director of Public Works
CONTRACTOR
lly � \cs::_, . Q "'\
AIIWeathcr Landscapes, Inc.
October 13, 2021
City of San Luis Obispo
Attn: Adam
1260 Chorro St
San Luis Obispo CA 93401
[email protected]
L A
Site Address: Rodriguez Adobe Park
CONTRACTOR AGREES:
N D S C A p E
To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas.
TERMS:
Contractor shall provide landscape maintenance service in conformity with this agreement:
FOR THE PRICE OF: $750.00 per month
CONTRACT DURATION:
The original term of this agreement is week to week, and will automatically continue for successive one week unless cancelled by either of us in writing at least ten (10) days before the end of the original term or any renewal term.
RESPONSIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions.
LAWNS: Mow and edge � Weekly D Bi-Weekly O Bi-Monthly 0None WEED ABATEMENT:
all turf areas,
Contractor shall keep all non-turf or planted areas to minimum height of 4" of native grasses, use of chemicals to be determined by staff if necessary. [81 Included D Excluded P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
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AUTOMATIC IRRIGATION: Shall be accomplished on a scheduled basis with such frequency and quantity as to promote healthy growth and prevent dry areas. This shall be accomplished by checking the irrigation and adjusting the automatic controller based on changes in rainfall and temperature. Quarterly assessments included in this contract regardless of weather changes. Any repairs to the automatic irrigation systems and all accessories thereto will be D Included Minor Repairs (Excluding Main line breaks, RP and controller repairs or valve replacement) After first assessment of system, and repairs are complete, system to be in working order. t8] Excluded from this agreement with an estimate provided for prior approval.
TREES, SHRUBS, AND VINES: The pruning, thinning, and trimming of shrubs and trees, and training and trimming of vines shall be accomplished on a regular basis to maintain a neat appearance and promote healthy growth. Work will include removal of suckers, cross branches and dead wood. Existing staking and guying of trees shall be inspected regularly and changed as required to permit growth expansion. Guying of trees shall be deemed an absolute extra.
Pruning of trees above eight feet shall be accomplished by a professional tree surgeon upon approval by owner and shall be billed as an extra.
GROUND COVER MAINTENANCE: Shall consist of trimming ground cover where needed around trees, shrubs, etc. Beds are to be weeded and cleaned of leaves and debris on a regular basis to maintain a neat and clean appearance.
FERTILIZER:
Shall be applied as necessary to maintain healthy growth. Application shall be determined by the time of the year, type of soil and type and condition of the plants and will be � Included D Excluded
WEED CONTROL:
Various chemicals for weeds and grass abatement, i.e. round up and fusillade will be � Included D Excluded
COLOR IN-FILL I MAINTENANCE:
Contractor shall maintain the color area landscape. This would cover any required removing/replacing color plantings as needed. The application of any weed control, snail bait and fertilizer for these areas. 0 Included � Excluded
BARK IN·FILU MAINTENANCE:
Contractor to provide O yard of walk on bark in fill per month, Bark placement to be determine by staff. 0 Included [81 Excluded
BLOWING, INCIDENTAL DEBRIS:
Contractor to pick up and remove all incidental debris from property prior to mowing or using any equipment. Contractor to blow property clean after completing all maintenance items each visit or as deemed necessary by City.
INSECTS. DISEASE, FUNGUS:
P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
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Other pests on trees, shrubs, ground cover and lawn weeds shall be controlled. Control of these shall be accomplished as necessary. Any pre-existing conditions that are detrimental to plant growth are not the responsibility of the contractor, and correction of this condition is an extra.
EXCLUSIONS:
The contractor shall not be responsible for vandalism, theft, adverse natural conditions, or anything beyond the control of the contractor.
INSPECTION:
Contractor and staff shall make a weekly inspection of the grounds as needed by either party.
EXTRAS:
The owner shall continuously furnish and pay for utilities such as water and power. Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive.
WORKING DAYS SCHEDULE:
Regular schedule will be 181 Weekly O Bi-Weekly O Bi-Monthly INSURANCE:
Contractor shall maintain the following insurance policies:
GENERAL LIABILITY
HERBICIDE - PESTICIDE
DEFAULT NOTICE:
WORKMANS COMPENSATION
VEHICLE
In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions.
We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound.
Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization.
P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
3 of 2
EXHIBIT 'A'
French Park
(1040 Fuller.)
Amendment# 1
1). Mow & edge turf on a weekly basis
2). Remove dead shrubs
3) Eradicate broadleafs and grassy weeds in shrub planters 4) Trim shrubs
5) Eradicate gophers on a continual basis.
6) Check irrigation system and make repairs as needed
NOTE: City of San Luis Obispo will provide parts for any missing or broken heads found in the initial irrigation check(one time only). AIIWeather Landscape will provide Labor and replace broken or missing heads/irrigation repairs at no costs to the City.
After initial irrigation repairs, AIIWeather Landscape will be responsible for replacement of irrigation heads and repairs as per the Landscape Contract Specification No. 50200-2020LS with the City of San Luis Obispo. 7) AIIWeather Landscape will follow the present Agreement Contract Specification No., 50200-2020LS - Service Level 2.
The amount to provide the landscape services is $1495.00 /month.
Adobe Rodgriguez Park
(1341 Purple Sage.)
1 ). Mow & edge turf on a weekly basis
2). Remove dead shrubs
3) Eradicate broadleafs and grassy weeds in shrub planters & along paved areas within the Park's boundry parking lots/barriers.
4) Trim shrubs
5). Eradicate gophers on a continual basis.
6) Check irrigation system and make repairs as needed
NOTE: City of San Luis Obispo will provide parts for any missing or broken heads found in the initial irrigation check (one time only). AIIWeather Landscape will provide Labor and replace or missing heads/irrigation
repairs at no costs to the City.
After initial irrigation repairs, AIIWeather Landscape will be responsible for replacement of irrigation heads and repairs as per the Landscape Contract Specification No. 50200-2020LS with the City of San Luis Obispo. 7) AIIWeather Landscape will follow the present Agreement Contract Specification No., 50200-2020LS- Service Level 2.
The amount to provide the landscape services is $750.00month.
October 13, 2021
City of San Luis Obispo
Attn: Adam
1260 Chorro St
San Luis Obispo CA 93401
[email protected]
Site Address: Islay Hill Park
CONTRACTOR AGREES:
L A N D S C A P E
To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas.
TERMS:
Contractor shall provide landscape maintenance service in conformity with this agreement:
FOR THE PRICE OF: $895.00 per month
CONTRACT DURATION:
The original term of this agreement is week to week, and will automatically continue for successive one week unless cancelled by either of us in writing at least ten (10) days before the end of the original term or any renewal term.
RESPONSIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions.
LAWNS: Mow and edge � Weekly D Bi-Weekly D Bi-Monthly 0None WEED ABATEMENT:
all turf areas,
Contractor shall keep all non-turf or planted areas to minimum height of 4" of native grasses, use of chemicals to be determined by staff if necessary. � Included O Excluded P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
1 of2
AUTOMATIC IRRIGATION: Shall be accomplished on a scheduled basis with such frequency and quantity as to promote healthy growth and prevent dry areas. This shall be accomplished by checking the irrigation and adjusting the automatic controller based on changes in rainfall and temperature. Quarterly assessments included in this contract regardless of weather changes. Any repairs to the automatic irrigation systems and all accessories thereto will be D Included Minor Repairs (Excluding Main line breaks, RP and controller repairs or valve replacement) After first assessment of system, and repairs are complete, system to be in working order. 12?:l Excluded from this agreement with an estimate provided for prior approval.
TREES1 SHRUBS1 AND VINES: The pruning, thinning, and trimming of shrubs and trees, and training and trimming of vines shall be accomplished on a regular basis to maintain a neat appearance and promote healthy growth. Work will include removal of suckers, cross branches and dead wood. Existing staking and guying of trees shall be inspected regularly and changed as required to permit growth expansion. Guying of trees shall be deemed an absolute extra.
Pruning of trees above eight feet shall be accomplished by a professional tree surgeon upon approval by owner and shall be billed as an extra.
GROUND COVER MAINTENANCE: Shall consist of trimming ground cover where needed around trees, shrubs, etc. Beds are to be weeded and cleaned of leaves and debris on a regular basis to maintain a neat and clean appearance.
FERTILIZER:
Shall be applied as necessary to maintain healthy growth. Application shall be determined by the time of the year, type of soil and type and condition of the plants and will be (!
"'
12?:l Included D Excluded
WEED CONTROL:
Various chemicals for weeds and grass abatement, i.e. round up and fusillade will be 12?:l Included D Excluded
COLOR IN-FILL I MAINTENANCE:
Contractor shall maintain the color area landscape. This would cover any required removing/replacing color plantings as needed. The application of any weed control, snail bait and fertilizer for these areas. D Included 12?:l Excluded BARK IN-FILU MAINTENANCE:
Contractor to provide O yard of walk on bark in fill per month, Bark placement to be determine by staff. D Included 12?:l Excluded
BLOWING, INCIDENTAL DEBRIS:
Contractor to pick up and remove all incidental debris from property prior to mowing or using any equipment. Contractor to blow property clean after completing all maintenance items each visit or as deemed necessary by City.
INSECTS1 DISEASE, FUNGUS:
P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
2 of 2
Other pests on trees, shrubs, ground cover and lawn weeds shall be controlled. Control of these shall be accomplished as necessary. Any pre-existing conditions that are detrimental to plant growth are not the responsibility of the contractor, and correction of this condition is an extra.
EXCLUSIONS:
The contractor shall not be responsible for vandalism, theft, adverse natural conditions, or anything beyond the control of the contractor.
INSPECTION:
Contractor and staff shall make a weekly Inspection of the grounds as needed by either party.
EXTRAS:
The owner shall continuously furnish and pay for utilities such as water and power. Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive.
WORKING DAYS SCHEDULE:
Regular schedule will be � Weekly D Bi-Weekly D Bi-Monthly INSURANCE:
Contractor shall maintain the following insurance policies:
GENERAL LIABILITY
HERBICIDE - PESTICIDE
DEFAULT NOTICE:
WORKMANS COMPENSATION
VEHICLE
In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions.
We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound.
Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization.
P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
3 of 2
� -Lf'_.� £ �.,4 /I) • I'& ?AZ.I I /
City of San Luis Obispo DA TE
� \ � ( o • \"'f ·'LI
Allweather Lan.:.;.;\ DATE
P.O. Box 6734, Santa Marla, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
4of2
Amendment# 1
EXHIBIT 'A'
Islay Park
(1511 Tank Farm Rd .. )
1). Mow & edge turf on a weekly basis
2). Remove dead shrubs
3). Eradicate broadleafs and grassy weeds in shrub planters 4). Eradicate gophers on a continual basis.
5). Trim shrubs
6). Check irrigation system and make repairs as needed
NOTE: City of San Luis Obispo will proved parts for any missing or broken heads found in the initial irrigation cl}eck(one time only). AIIWeather Landscape will provide Labor and replace broken of missing heads/irrigation repairs at no costs to the City.
After initial irrigation repairs, AIIWeather Landscape will be responsible for replacement of irrigation heads and repairs as per the Landscape Contract Specification No. 50200-2020LS with the City of San Luis Obispo. 7). AIIWeather Landscape will follow the present Agreement Contract Specification No., 50200-2020LS.
The amount to provide the landscape seNices is $895.00/month.
October 13, 2021
City of San Luis Obispo
Attn:Adam
1260 Chorro St
San Luis Obispo CA 93401
[email protected]
Site Address: French Parle
CONTRACTOR AGREES:
A
L A
WEATHER
N D S C A p E
To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas.
TERMS:
Contractor shall provide landscape maintenance service in conformity with this agreement:
FOR THE PRICE OF: $1,495.00 per month
CONTRACT DURATION:
The original term of this agreement is week to week, and will automatically continue for successive one week unless cancelled by either of us in writing at least ten (10) days before the end of the original term or any renewal term.
RESPONSIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions.
LAWNS: Mow and edge � Weekly D Bi-Weekly D Bi-Monthly 0None WEED ABATEMENT:
all turf areas,
Contractor shall keep all non-turf or planted areas to minimum height of 4" of native grasses, use of chemicals to be determined by staff if necessary. fgl Included D Excluded P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
1 of2
AUTOMATIC IRRIGATION: Shall be accomplished on a scheduled basis with such frequency and quantity as to promote healthy growth and prevent dry areas. This shall be accomplished by checking the irrigation and adjusting the automatic controller based on changes in rainfall and temperature. Quarterly assessments included in this contract regardless of weather changes. Any repairs to the automatic irrigation systems and all accessories thereto will be D Included Minor Repairs (Excluding Main line breaks, RP and controller repairs or valve replacement) After first assessment of system, and repairs are complete, system to be in working order. (gl Excluded from this agreement with an estimate provided for prior approval.
TREES, SHRUBS, ANO VINES: The pruning, thinning, and trimming of shrubs and trees, and training and trimming of vines shall be accomplished on a regular basis to maintain a neat appearance and promote healthy growth. Work will include removal of suckers, cross branches and dead wood. Existing staking and guying of trees shall be inspected regularly and changed as required to permit growth expansion. Guying of trees shall be deemed an absolute extra.
Pruning of trees above eight feet shall be accomplished by a professional tree surgeon upon approval by owner and shall be billed as an extra.
GROUND COVER MAINTENANCE: Shall consist of trimming ground cover where needed around trees, shrubs, etc. Beds are to be weeded and cleaned of leaves and debris on a regular basis to maintain a neat and clean appearance.
FERTILIZER:
Shall be applied as necessary to maintain healthy growth. Application shall be determined by the time of the year, type of soil and type and condition of the plants and will be (gl Included D Excluded
WEED CONTROL:
Various chemicals for weeds and grass abatement, i.e. round up and fusillade will be (gl Included D Excluded
COLOR IN·FILL I MAINTENANCE:
Contractor shall maintain the color area landscape. This would cover any required removing/replacing color plantings as needed. The application of any weed control, snail bait and fertilizer for these areas. D Included [8] Excluded BARK IN-FILU MAINTENANCE:
Contractor to provide O yard of walk on bark in fill per month, Bark placement to be determine by staff. D Included 181 Excluded
BLOWING, lNCIDENTAL DEBRIS:
Contractor to pick up and remove all incidental debris from property prior to mowing or using any equipment. Contractor to blow property clean after completing all maintenance items each visit or as deemed necessary by City.
INSECTS, DISEASE, FUNGUS:
P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
2 of 2
Other pests on trees, shrubs, ground cover and lawn weeds shall be controlled. Control of these shall be accomplished as necessary. Any pre-existing conditions that are detrimental to plant growth are not the responsibility of the contractor, and correction of this condition is an extra.
EXCLUSIONS:
The contractor shall not be responsible for vandalism, theft, adverse natural conditions, or anything beyond the control of the contractor.
INSPECTION:
Contractor and staff shall make a weekly Inspection of the grounds as needed by either party.
EXTRAS:
The owner shall continuously furnish and pay for utilities such as water and power. Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive.
WORKING DAYS SCHEDULE:
Regular schedule will be r2I Weekly O Bi-Weekly O Bi-Monthly INSURANCE:
Contractor shall maintain the following insurance policies:
GENERAL LIABILITY
HERBICIDE - PESTICIDE
DEFAULT NOTICE:
WORKMANS COMPENSATION
VEHICLE
In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions.
We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound.
Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization.
P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
3 of 2
7 '
City of Ian Lula Obispo
/CJ· 1Tj'- 202 I
DATE
�\ � fO·f'f·�\
Allweather Landscape, Inc. DA TE
P.O. Bax 6734, Santa Marla, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
4of2
AMENDMENT TO AGREEMENT
AMENDMENT NO. 2
AGREEMENT TO PROVIDE LANDSCAPE MAINTENANCE SERVICES
SPECIFICATION NO. 50200-2020LS
THCS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on December 07, 2021 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and AllWeather Landscapes, Inc. hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on December 15, 2021 the City entered into an Agreement with Contractor for Landscape Maintenance Services per Specification No. 50200-2020LS; and WHEREAS, the City desires to amend the agreement to provide weekly Landscape Maintenance Services for maintaining 20 - 42" round pots,1��rectangular pots, & 6 existing rectangular pots on Monterey St. that create a barrier between the downtown parklets and the bike lane; and WHEREAS, the Contractor has agreed to provide additional weekly Landscape Maintenance Services for maintaining 20 - 42" round pots, Jf !!' rectangular pots, & 6 existing rectanguiar pots on Monterey St. that create a barrier between the downtown parklets and the bike lane; This is an ongoing landscape maintenance service, by the Contractor until both parties agree to terminate the services with a 30 day notice.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
l. The scope of services and related compensation is hereby amended as set forth in Exhibit 'A' ; " attached hereto. �
2. All other tenns and conditions of the Agreement remain in full force and effect. ) ,·
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above.
CITY °J!i-S 07r
By: -� --
Matt Hom, Director of Public Works
-·,
EXHBIT 'A'
Monterey St. Pot and Planter Landscape Monthly Services AIIWeather Landscape is to furnish all labor, supervision, tools, and equipment necessary to maintain the newly installed landscaped pots and planters on Monterey St. in the downtown area.
This includes 20 - 42" round pots
Io& � - rectangular pots
6 - existing pots
This includes hand watering 2 times per week or as needed Fill pot/planter bladder as needed after permanent placement r··\ Topical water as needed to keep plant material alive Removal of dead or broken branches
Trash/debris removal from inside pot/planter area container Any additional pots/planters added will cost $12.00 per poVplanter The Contractor shall submit Certified Payroll as part of the monthly submittal Damage of plant material by others shall be replaced and paid by the City f /&, 13. oo
TOTAL $4-92§0
7 per month
/"l. .. � ... 'Jo-\
AL WEATHER
November 24, 2021
City of San Luis Obispo
Attn: Adam
1260 Chorro St
San Luis Obispo CA 93401
[email protected]
L A
Site Address: Monterey Street pot planters
CONTRACTOR AGREES:
N D S C A P E
(" To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas.
TERMS:
Contractor shall provide landscape maintenance service in conformity with this agreement:
FOR THE PRICE OF: $492.00per month
• To include 20- 42" round pots, 15- rectangular pots, 6 existing pots and includes hand watering 2 times per week or as needed* Fill bladder as needed after permanent placement. Topical water as needed to keep plant material alive. To include trash/debris removal from inside the pot area. Any additional Pots added to be at $12.00 per pot. Any plant replacement to be completed at predetermined contracted cost.
CONTRACT DURATION:
The original term of this agreement is week to week, and will automatically continue for successive one week unless cancelled by either of us in writing at least ten (10) days before the end of the original term or any renewal term.
RESPONSIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions.
LAWNS: Mow and edge D Weekly D Bi-Weekly D Bi-Monthly 12]None all turf areas, P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
1 of2
(
WEED ABATEMENT:
Contractor shall keep all non-turf or planted areas to minimum height of 4" of native grasses, use of chemicals to be determined by staff if necessary.� Included D Excluded AUTOMATIC IRRIGATION: Shall be accomplished on a scheduled basis with such frequency and quantity as to promote healthy growth and prevent dry areas. This shall be accomplished by checking the irrigation and adjusting the automatic controller based on changes in rainfall and temperature. Quarterly assessments included in this contract regardless of weather changes. Any repairs to the automatic irrigation systems and all accessories thereto will be D Included Minor Repairs (Excluding Main line breaks, RP and controller repairs or valve replacement) After first assessment of system, and repairs are complete, system to be in working order. � Excluded from this agreement with an estimate provided for prior approval.
TREES, SHRUBS, AND VINES: The pruning, thinning, and trimming of shrubs and trees, and training and trimming of vines shall be accomplished on a regular basis to maintain a neat appearance and promote healthy growth. Work will include removal of suckers, cross branches and dead wood. Existing staking and guying of trees shall be inspected regularly and changed as required to permit growth expansion. Guying of trees shall be deemed an absolute extra.
Pruning of trees above eight feet shall be accomplished by a professional tree surgeon upon approval by owner and shall be billed as an extra.
GROUND COVER MAINTENANCE: Shall consist of trimming ground cover where needed around trees, shrubs, etc. Beds are to be weeded and cleaned of leaves and debris on a regular basis to maintain a neat and clean appearance.
FERTILIZER:
Shall be applied as necessary to maintain healthy growth. Application shall be determined by the time of the year, type of soil and type and condition of the plants and will be � Included D Excluded
WEED CONTROL:
Various chemicals for weeds and grass abatement, i.e. round up and fusillade will be � Included D Excluded
COLOR IN-FILL I MAINTENANCE:
Contractor shall maintain the color area landscape. This would cover any required removing/replacing color plantings as needed. The application of any weed control, snail bait and fertilizer for these areas. D Included � Excluded
BARK IN-FILU MAINTENANCE:
Contractor to provide O yard of walk on bark in fill per month, Bark placement to be determine by staff. D Included � Excluded
P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
2 of 2
(
BLOWING. INCIDENTAL DEBRIS:
Contractor to pick up and remove all incidental debris from property prior to mowing or using any equipment. Contractor to blow property clean after completing all maintenance items each visit or as deemed necessary by City.
INSECTS, DISEASE, FUNGUS:
Other pests on trees, shrubs, ground cover and lawn weeds shall be controlled. Control of these shall be accomplished as necessary. Any pre-existing conditions that are detrimental to plant growth are not the responsibility of the contractor, and correction of this condition is an extra.
EXCLUSIONS:
The contractor shall not be responsible for vandalism, theft, adverse natural conditions, or anything beyond the control of the contractor.
INSPECTION:
Contractor and staff shall make a weekly Inspection of the grounds as needed by either party.
EXTRAS:
The owner shall continuously furnish and pay for utilities such as water and power. Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive.
WORKING DAYS SCHEDULE:
Regular schedule will be � Weekly D Bi-Weekly D Bi-Monthly INSURANCE:
Contractor shall maintain the following insurance policies:
GENERAL LIABILITY
HERBICIDE - PESTICIDE
WORKMAN$ COMPENSATION
VEHICLE
P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
3 of2
DEFAULT NOTICE;
In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions.
We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound.
Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization.
/').. .. f>-7,0�/
City of San Luis Obispo DATE
Allweather Landscape, Inc. DA TE
P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www .allweatherlandscapes.com
4of2
AMENDMENT TO AGREEMENT
AMENDMENT NO. 3
AGREEMENT TO PROVIDE LANDSCAPE MAINTENANCE SERVICES
SPECIFICATION NO. 50200·2020LS
TIIIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on February 22, 2022 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as Cit)', and AIIWeather Landscapes, Inc. hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on Februaiy 22, 2022 lhe City entered into an Agreement with Contractor for Landscape Maintenanco Services per Speoifloation No. 50200-2020LS; and WHEREAS, the City desires to amend tho agreement to provide weekly Landscape Maintenance Services for maintaining additional 58 22" X 54" - rectangular planters on Marsh St. and Higuera St. that create a barrier between the downtown newly installed medians and the bike lane; and WHEREAS, tho Contractor has agreed to provide additional weekly Landscape Maintenance Services for maintaining additional 58 22" X 54" - rectangular planters on Marsh St. and Higuera St. that create a barrier between tho downtown newly installed medians and tlte bike lane; This Is an ongoing landscape maintenance service, by the Contractor until both parties agree to terminate the servlces with a 30 day notice.
NOW THEREFORE, in consideration of their mutual promises, obllgatlons and covenants hereinafter contained, the parties hereto agree as follows:
I . The scope of services and related compensation is hereby amended as set forth in Exhibit 'A' attached hereto.
2 All other tonns and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the porties hereto have caused this instrument to be executed tho day and year first written above.
::��J]:�J;;. -----
CONTRACTOR
By:�4-.No_��011lU-Y
Matt Hom, Director of Public Works AllWealhor Landscapes, Inc.
Amendment #3
EXHBIT 'A'
Monterey St. Pot and Planter Landscape Monthly Services AIIWeather Landscape is to furnish all labor, supervision, tools, and equipment necessary to maintain the newly additional installed landscaped planters on Marsh and Higuera Streets in the downtown area.
This includes 58 - 22" X 54 " rectangular pots
This Includes hand watering 2 times per week or as needed Fill pot/planter bladder as needed after permanent placement Topical water as needed to keep plant material alive
Removal of dead or broken branches
Trash/debris removal from inside pot/planter area container Any additional pots/planters added will cost $12.00 per pot/planter The Contractor shall submit Certified Payroll as part of the monthly submittal Damage of plant material by others shall be replaced and paid by the City TOTAL $696.00 per month
•CITYOF _ SHil LUIS OBISPO
Date: August 31, 2023
AIIWeather Landscape Inc.
P.O. Box 6734.
Santa Maria, CA 93456
Attn: Neil Towery
RE: CPI Increase for July 2023 Through June 2024
Per Contract Agreement Specification No. 50200-2020LS Paragraph # 4. Cost Adjustments. The Us Consumer Price lndex/AIIUrban Consumers for Los Angeles area from March 2022 - March 2023 has increased at a rate of 3.7%.
1. Cost Adjustments. During the term of the agreement, beginning July 1, 2023, contract prices shall be modified by a percentage equal to the percentage increase in the U.S. Consumer Price lnd�x/ All Urban Consumers (CPI-U) from March in the previous year to March in the year of adjustment.
Under no circumstances shall the contract price increase more than five (5) percent(%) from the prior contract year.
You may increase your billing to the City for Landscape Maintenance Services starting August 1, 2023. The present monthly charge is:
Area 'B' $2942.00 X 3.7% CPI equals $109.00 with the new monthly service will be $3051.00.
Area 'E' $3186.00 x 3.7% CPI equals $118.00 with the new monthly service will be $3304.00.
Area 'F' Spring $15,750.00 X 3.7% CPI equals $583.00 with the new monthly services will be $16,333.00.
Area 'f' Fall $16,128.00 X 3.7% CPI equals $597.00 with the new monthly services will be $16, 725.00.
Area Watering $1613.00 X 3.7% CPI equals $60.00 with new monthly services will be Pots: $1,673.00.
Please contact me if there are any questions or assistance.
Regards,
Brian R. Bassler
Landscape Contract Inspector
25 Prado Rd.
San Luis Obispo, CA 93401
A:VJE'.\iDMENT TO AGREE:VJE!\IT
AMENDMEJ\.T :\iO. 4
AGREEMENT TO PROVIDE LANDSCAPE MAl0iTENANCE SERVICES
SPECIFICATION NO 50200-2020LS
THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on Januarv I 7. _Q:!� by and between the CITY OF SAN LCIS OBISPO, a municipal corporation. herein after referred to as City. and.
All Weather Landscapes. Inc. hereinafter referred to as Contractor.
WITNESS ETH:
WHEREAS. on February I, 2021. the City entered into an Agreement with Contractor for Landscape Maintenance Services per Specification No. 50200-2020LS; and WHEREAS, the City desires to amend the term of this Agreement to provide Maintenance Services for I) 4 Righetti Ranch Roundabouts Righetti Ranch and Tank Farm Rd: Righetti Ranch and Tiburon; Tiburon and Ranch House Rd. and Orcutt and Tanck Farm Rd. commencing on February I. 2023. 2). Provide a Day Porter to service 3 parks at Aliva Ranch WHEREAS. the Contractor has agreed to additional weekly Landscape Maintenance Services for the I). 4 Righetti Ranch Roundabouts Righetti Ranch and Tank Farm Rd: Righetti Ranch and Tiburon: Tiburon and Ranch House Rd. and Orcutt and Tanck Farm Rd 2). Provide a Day Porter to service 3 parks at Aliva Ranch. This is a landscape maintenance service, by the Contractor until a full-time employee is hired for these areas
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
I. The scope of services and related compensation is hereby amended as set forth in Exhibit ·A' attached hereto.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above:
::������
Matt Hont1 Director of Public Works
EXHIBIT A
June 20, 2023
City of San Luis Obispo
Attn: Brian Bassler
1260 Chorro St
San Luis Obispo CA 93401
[email protected]
Site Address:
ALL.WEATHER
L A N DSC 1\P E
Roundabout and adjacent streetscape@ Tank Farm & Righetti Ranch Rd, Roundabout and adjacent streetscape @ Tiburon & Righetti Ranch Rd, Roundabout and adjacent streetscape@ Tiburon & Ranch House Rd, Roundabout and adjacent streetscape @Tank Farm Rd. & Orcutt Rd.
CONTRACTOR AGREES:
To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas.
TERMS:
Contractor shall provide landscape maintenance service in conformity with this agreement:
FOR THE PRICE OF: $790.00 per month
CONTRACT DURATION:
The original term of this agreement is (1) year and will automatically continue for successive (1) year terms unless cancelled by either of us in writing at least ten {30) days before the end of the original term or any renewal term.
RESPONSIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions.
LAWNS: Mow and edge D Weekly D Bi-Weekly D Bi-Monthly � None WEED ABATEMENT:
Contractor shall keep all non-turf or planted areas to minimum height of 4" of native grasses, use of chemicals to be determined by staff if necessary. [8'J Included O Excluded P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com
1 of2
INSPECTION: Contractor and staff shall make a weekly inspection of the grounds as needed by either party.
EXTRAS: The owner shall continuously furnish and pay for utilities such as water and power.
Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive.
WORKING DAYS SCHEDULE: Regular schedule will be [8J Weekly O Bi-Weekly O Single service
DEFAULT NOTICE:
In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions.
We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound.
Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization.
��/
City of San Luis Obispo
P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 www.allweatherlandscapes.com
DATE
Fax: 805.310.4947
3 of 2
EXIBIT 'A'
DAY PORTER -Avila Ranch Parks
Contractor to Provide Monday through Friday daily custodial services at 3 small parks in the Avita Ranch Project:
1. Empty doggy waste trash cans at Mutt Mitt stations (City to provide trash bag liners)
2. Install/replenish Mutt Mitt baggies (City to provide Mutt Mitts)
3. Clean/disinfect table tops; dust chairs, play equipment, benches and tables
4. Rake and level engineer mulch in play areas for safety
5. Clean and wash concrete flooring from spills and drops
6. Remove graffiti and stickers off of chairs, tables, play equipment.
7. Blow areas that are non-turf of debris and planters
8. Perform work Monday t.hrough Friday at (3) hours per day
9. Storage of chemicals and equipment are not permitted on site Total
AMENDMENT TO AGREEMENT NO. 5
THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on ________ ___, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and AIIWeather Landscape Inc, hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on February 01, 2021, the City entered into an agreement with Contractor for a Day Porter at the new Broad St. Mini Park, (the "Agreement"); and WHEREAS, the City and Contractor desire to amend the contract as set for in Exhibit A.
NOW THEREFORE, in consideration of their mutual promises. obligations, and covenants hereinafter contained, the parties hereto agree as follows:
1. The agreement is amended to include the services set forth in Exhibit A.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above.
CITY OF SAN LUIS OBISPO
City Manager
CONTRACTOR
Contractor: AIIWeather Landscape Inc.
EXIBIT 'A'
DAY PORTER - Broad St. Mini Park
Contractor to Provide Monday through Friday or Monday and Friday custodial services at 1 small park at the Broad St. Mini Park:
1. Empty trash cans and doggy waste trash cans at Mutt Mitt stations (City to provide trash bag liners).
2. install/replenish Mutt Mitt baggies (City to provide Mutt Mitts)
3. Clean/disinfect tabletops; dust chairs, play equipment, benches and tables
4. Rake and level engineer much in play areas for safety
5. Clean and wash concrete flooring from spills and liquid drops
6. Remove graffiti and stickers off of chairs, tables, play equipment.
7. Blow areas that are non-turf of debris and planters
8. Perform work Monday thru Friday at (1) hour per day or Monday & Friday at (1) hour per day.
9. Storage of chemicals and equipment are not permitted on site.
Please note that this proposal the City wants to use the M & F service dates and will determine, in writing, if the City needs to increase day to day mainteance based on the park usage. See attached proposals from contractor regarding the two bid proposals Total M thru F $587.00 per month
OR
Total M & F only $234.80 per month
EXIBIT A
ALL WEATHER
August 19, 2024
City of San Luis Obispo
Attn: Bria Bassler
1260 Chorro St
San Luis Obispo, CA 93401
[email protected]
L A N
Site Address: Broad St. Park (Porter Services)
CONTRACTOR AGREES:
D S C A p E
To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas.
TERMS:
Contractor shall provide landscape maintenance service in conformity with this agreement:
FOR THE PRICE OF: $587.00 (1 Hours each day, 5x per week) CONTRACT DURATION:
The original term of this agreement is one (1) year, and will automatically continue for successive one (1) year terms unless cancelled by either of us in writing at least thirty (30) days before the end of the original term or any renewal term.
RESPONSIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions.
DEBRIS/TRASH: Pick up debris and trash, empty trash cans as needed � Daily, Mon-Friday O Bi-Weekly O Bi-Monthly 0None
BLOWING/SWEEPING: Contractor shall keep all non-turf or planted areas (Concrete sidewalks, walkways, and parking areas) clean by blowing all debris/leaf litter and removing debris. � Included O Excluded
P.O. Box 6734, Santa Maria, CA 93456
www.allweatherandscap l es.com
CLCA
MEMBER
V 1of4
Phone: 805.922.0580 Fax: 805.310.4947
DPR QAC # 165042 CA C-27Lic#1083565
EXIBIT A
SITE FURNISHINGS: Shall be kept clean of graffiti. If graffiti is present, it shall be removed with graffiti remover. Furnishings shall be wiped down for a clean and usable appearance.
Limited to: Benches, tables and play equipment.
� Included Daily Mon-Friday
D Excluded from this agreement
PRESSURE WASH: Shall be completed for high traffic concrete areas or walkways. Hot water pressure washing is an option if needed for an additional cost.
D Included from this agreement � Excluded from this agreement GROUND COVER MAINTENANCE: Shall consist of trimming ground cover where needed around trees, shrubs, etc. Beds are to be weeded and cleaned of leaves and debris on a regular basis to maintain a neat and clean appearance.
BARK MAINTENANCE:
Contractor to rake I turn over existing bark within the playground areas only. Rake to spread evenly throughout play area. Any additional bark needed for infill will be under a separate proposal to comply with CA standards
� Included D Excluded
EXCLUSIONS:
The contractor shall not be responsible for vandalism, theft, adverse natural conditions, or anything beyond the control of the contractor.
INSPECTION:
Contractor and staff shall make a weekly inspection of the grounds as needed by either party.
EXTRAS:
The owner shall continuously furnish and pay for utilities such as water and power. Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive.
WORKING DAYS SCHEDULE:
Regular schedule will be � Weekly D Bi-Weekly O Bi-Monthly with the exception of observed holidays and rain days.
DEFAULT NOTICE:
In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions.
P.O. Box 6734, Santa Maria, CA 93456
www.allweatherlandscapes.com
CLCA
MEMBER
V 2of4
Phone: 805.922.0580 Fax: 805.310.4947
DPR QAC # 165042 CA C-27Lic#1083565
EXIBIT A
We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound.
Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization.
C.ty/fS L . 0
1 I o an u1s b" /1spo
Allweather Landscape, Inc.
P.O. Box 6734, Santa Maria, CA 93456
www.allweath erlandscapes.com
CLCA
MEMBER
W 3of4
8,-2.0 - 26 2-'(
DATE
8/19/2024
DATE
Phone: 805.922.0580 Fax: 805.310.4947
DPR QAC # 165042 CA C-27Lic#1083565
EXIBIT A
ALL WEATHER
August 19, 2024
City of San Luis Obispo
Attn: Bria Bassler
1260 Chorro St
San Luis Obispo, CA 93401
[email protected]
L A N
Site Address: Broad St. Park (Porter Services)
CONTRACTOR AGREES:
D S C A p E
To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas.
TERMS:
Contractor shall provide landscape maintenance service in conformity with this agreement:
FOR THE PRICE OF: $234.80 (1 Hour each day - 2x per week - Mondays and Fridays Only) CONTRACT DURATION:
The original term of this agreement is one (1) year, and will automatically continue for successive one (1) year terms unless cancelled by either of us in writing at least thirty (30) days before the end of the original term or any renewal term.
RESPONSIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions.
DEBRISITRASH: Pick up debris and trash, empty trash cans as needed [gJ Daily, Mon-Friday D Bi-Weekly D Bi-Monthly 0None
BLOWING/SWEEPING: Contractor shall keep all non-turf or planted areas (Concrete sidewalks, walkways, and parking areas) clean by blowing all debris/leaf litter and removing debris. C8l Included D Excluded
P.O. Box 6734, Santa Maria, CA 93456
www.allweatherlandscapes.com
CLCA
MEMDER
V lof4
Phone: 805.922.0580 Fax: 805.310.4947
DPR QAC # 165042 CA C-27Lic#l083565
EXIBIT A
SITE FURNISHINGS: Shall be kept clean of graffiti. If graffiti is present, it shall be removed with graffiti remover. Furnishings shall be wiped down for a clean and usable appearance.
Limited to: Benches, tables and play equipment.
� Included Daily Mon-Friday
O Excluded from this agreement
PRESSURE WASH: Shall be completed for high traffic concrete areas or walkways. Hot water pressure washing is an option if needed for an additional cost.
O Included from this agreement � Excluded from this agreement GROUND COVER MAINTENANCE: Shall consist of trimming ground cover where needed around trees, shrubs, etc. Beds are to be weeded and cleaned of leaves and debris on a regular basis to maintain a neat and clean appearance.
BARK MAINTENANCE:
Contractor to rake I turn over existing bark within the playground areas only. Rake to spread evenly throughout play area. Any additional bark needed for infill will be under a separate proposal to comply with CA standards
� Included D Excluded
EXCLUSIONS:
The contractor shall not be responsible for vandalism, theft, adverse natural conditions, or anything beyond the control of the contractor.
INSPECTION:
Contractor and staff shall make a weekly inspection of the grounds as needed by either party.
EXTRAS:
The owner shall continuously furnish and pay for utilities such as water and power. Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive.
WORKING DAYS SCHEDULE:
Regular schedule will be l::gJ Weekly D Bi-Weekly O Bi-Monthly with the exception of observed holidays and rain days.
DEFAULT NOTICE:
In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions.
P.O. Box 6734, Santa Maria , CA 93456
www .a I lweatherla ndscapes.com
CLCA
MEMSE�
V 2of4
Phone: 805.922.0580 Fax: 805.310.4947
DPR QAC # 165042 CA C-27Lic#1083565
EXIB.IT A
We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound.
Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization.
� � 7
City of San Luis Obispo
8 -1,<) - 202-'(
DATE
DATE
P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com DPR OAC # 165042 CA C-27Llc#1083565 CLCA
MEMU{Q
V 3of4
AMENDMENT TO AGREEMENT NO.
THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on __________, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and ALLWEATHER LANDSCAPE MAINTENANCE, LLC, hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on February 21, 2021, the City entered into an agreement with Contractor for landscaping services, ( ); and
WHEREAS, the City and Contractor desire to amend the Agreement to adjust pricing for the term of July 1, 2024 to June 30, 2025 to increase pricing based on the Consumer Price Index for the Los Angeles region. The CPI adjustment for the term is 3.9% for the services attached in Exhibit A.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. The Agreement is hereby amended as set forth in Exhibit A.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above.
CITY OF SAN LUIS OBISPO __________________________ CONTRACTOR _____________________________________ Contractor
City of San Luis Obispo
Specification No. 50200-2020-LS
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on ______________ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and TENNIS LANDSCAPE, INC., hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on November 24, 2020, the City requested proposals for Landscape Maintenance Services, per Project No. 50200-2020-LS
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for Category A, C, T, W, SD, PM, NR, and TH D;
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from February 1, 2021 to February 28, 2025, or termination of the contract in accordance with this agreement.
2. INCORPORATION BY REFERENCE. City Specification No. 50200-2020-LS and Contractor's proposal is hereby incorporated in and made a part of this Agreement and attached as Exhibit A.
3. Contract Extension. The term of the contract may be extended by mutual consent for an additional 2 years.
4. Cost Adjustments. During the term of the agreement, beginning July 1, 2022, contract prices shall be modified by a percentage equal to the percentage increase in the U.S. Consumer Price Index/All Urban Consumers (CPI-U) from March in the previous year to March in the year of adjustment. Under no circumstances shall the contract price increase more than five (5) percent from the prior contract year.
5. Ability to Perform. The Contractor warrants that it possesses all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and regulations.
The Contractor's employees shall be competent and qualified to perform the specified work and shall perform the specified work in an orderly manner. If the City's representative advises the Contractor that an employee is incompetent, unqualified, or disorderly, the Contractor shall remove that employee from the specified work for the duration of the contract. The Contractor shall not bring to the specified work locations any pets, children, or persons not employed under the contract.
6. Contractor Identification. All staff employed in the work shall wear a shirt or jacket clearly identifying the Contractor’s company.
DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 2/22/2021 | 10:17 AM PST
City of San Luis Obispo
Specification No. 50200-2020-LS
7. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City.
8. 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.
9. Scope of Work and Levels of Service. The Contractor shall furnish services for Landscape Maintenance as specified in Exhibit A.
The City may periodically request additional unspecified work, such as new or replacement planting at the assigned locations. For this work, the City shall pay the Contractor an amount equal to the amount provided by the contractor and attached as Exhibit B, multiplied by the number of units completed or installed, or the employee hours used multiplied by the accepted labor rate plus the actual cost of materials with a 15% markup allowed.
10. Work Hours. The Contractor shall perform the specified work on weekdays (Monday through Friday) between the hours of 7:00 a.m. and 5:00 p.m. The Contractor shall not perform any of the specified work outside of these work hours without the previous written consent from the City’s Contract Manager.
11. Traffic Control. The Contractor shall furnish all traffic control delineation required in order to perform the specified work. Traffic control delineation shall comply with all local, state, and federal regulations.
The Contractor shall not close street lanes without the City's previous written consent.
12. Encroachment Permits. When specified work must be completed in the medians of state highways, such as those on Santa Rosa Street, the Contractor shall obtain and pay for any encroachment permits which may be required from the State of California Department of Transportation.
13. Work Schedule. At the beginning of each month the Contractor shall submit to the City a proposed schedule showing the sites and tasks to be completed during the upcoming month. Irrigation testing locations and fertilization must also be noted on the schedule.
When submitting an invoice for work completed during a month, the Contractor shall include with the invoice a copy of the schedule showing the actual dates when work was completed. Failure to provide an adequate schedule will result in a forfeiture of 10% of the total monthly payment due.
14. Utilities Costs. The City shall pay the utilities costs for all water and electricity used at the specified work locations. Contractor shall follow direction of City staff for “rain shut off” of irrigation controllers during periods of extended rain. Failure to follow direction may result in contractor being liable for cost of water.
15. Materials. The Contractor shall not use any material for the specified work without the City's prior written approval of that material. If requested, the Contractor shall furnish to the City without charge samples of materials for examination and testing. Irrigation shall meet current City standards.
The Contractor shall furnish to the City a list of all materials used for the specified work that are regulated by law as toxic or hazardous. With this list the Contractor shall include a material safety data sheet for each toxic or hazardous material. The Contractor shall train its employees in the proper handling of any toxic or hazardous materials.
DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3
City of San Luis Obispo
Specification No. 50200-2020-LS
16. Inspection and Corrections. The Contractor shall furnish the 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. The City Contract Manager shall be sole judge of the adequacy of the Contractor’s maintenance and the appearance of the sites.
During the third week of each month the Contractor and the City's Contract Manager together shall inspect locations where work was scheduled for completion that month. The City's Contract Manager shall document any deficiencies in writing. The City's Contract Manager will also periodically inspect work locations without the Contractor, but will report any deficiencies to the Contractor before the end of the third week of the month.
If the Contractor does not correct a documented deficiency by the end of the month, it shall forfeit 50 percent of the monthly unit price for the location where the deficiency occurred. If the deficiency is not corrected within the next month, 100 percent of the monthly unit price for the location where the deficiency occurred will be forfeited. The City will deduct such forfeiture from its next payment. If site maintenance has not been completed at all, 100 percent of the monthly unit price will be forfeited from the next payment.
17. 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 termination thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall scope of work.
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.
If, at any time during the term of the contract, the City determines that continued contract maintenance is no longer in the best interests of the City due to funding shortages or unforeseen circumstances, the City reserves the right to terminate the contract. Contractor will be paid compensation due and payable to the date of termination.
18. Reports. At the end of each month, included with the invoice, the Contractor shall provide all irrigation reports, fertilization and pesticide application information for the prior month. Failure to provide any of these reports will result in forfeiture of 20% of the total monthly payment due. During months when no DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3
City of San Luis Obispo
Specification No. 50200-2020-LS
irrigation, fertilization of pesticide application occurs, the Contractor shall note that with the invoice submittal.
19. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as well as performance of the contract, the Contractor and sub-contractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to the performance of the contract, including but not limited to the cost of administering the contract. Materials shall be made available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records. Copies shall be furnished if requested.
20. Release of Reports and Information. The Contractor shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the City and receipt of the City’s written permission.
21. 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.
22. Conflict of Interest. The Contractor shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project.
The Contractor shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project which will follow.
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 sub-Contractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent Contractor and not an agent or employee of the City.
23. Rebates, Kickbacks or Other Unlawful Consideration. The Contractor warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
24. Covenant Against Contingent Fees. The Contractor warrants by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3
City of San Luis Obispo
Specification No. 50200-2020-LS
25. Compliance with Laws and Wage Rates. 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.
Prevailing wage is required, at a minimum, for work under this contract. The Contractor and any subcontractor must forfeit to the City not more than $200 per day or part of a day for each worker paid less than the prevailing wage rate and pay the worker the difference between the prevailing wage rate and the rate paid (Labor Code § 1775). The Labor Commissioner determines the amount of this penalty and bases the amount on:
1. Whether the failure to pay the correct prevailing wage rate was a good-faith mistake that the Contractor or subcontractor promptly and voluntarily corrected upon notice
2. The prior record of the Contractor or subcontractor in meeting its prevailing wage obligations
3.The Contractor or subcontractor's willful failure to pay the correct rate of prevailing wages The Contractor shall submit certified payroll as part of the monthly invoice submittal. Weekly payrolls must include each employee’s:
1.Full name
2.Address
4. Work classification
5. Straight time and overtime hours worked each day and week
6. Actual wages paid for each day
7. Fringe benefits or submit a statement of fringe benefits, clearly defining which benefits are paid directly to the employee as part of the hourly rate, and which benefits are paid into an approved program. Fringe benefit statements must be signed by the employer or the employer’s agent certifying the fringe benefit statement is correct and the employer has been authorized to make any payments on behalf of the employee to approved programs.
26. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay.
27. Permits, Licenses, and Insurance. The Contractor shall procure and maintain current, all permits, licenses, and specified insurance, and pay all charges and fees, and file all notices as they pertain to the completion of the Contractor’s work. The contractor shall have and maintain the following valid State of California Licenses, C-27 Contractors License, Qualified Pesticide Applicators License, and Agricultural Pest Control Business License. The Contractor shall comply with the current State Department of Pesticide Regulations and County of San Luis Obispo Agriculture Commissioner regulations.
NOTE: For CAT (F) only Contractor will need to be eRailsafe certified by the Union Pacific Rail Road Contact Bill Chandler of UPRR Safety Department – Police Background Investigation Phone # (435- 563-8253) or email [email protected] MaryBeth Farley Operations Manager Support UPRR for forms and procedure. Or on the website: https://erailsafe.com/usa/applicant-login/
28. (a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), 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 otherwise conducted by Contractor, including claims arising out of 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.
DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3
City of San Luis Obispo
Specification No. 50200-2020-LS
29. (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.
The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
30. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA; the California Division of Industrial Safety; and Union Pacific Railroad (UPRR) as well as the UPRR Fire Prevent Plan.
31. 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.
32. 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.
33. Water Conservation. Contractors shall turn off all irrigation systems during periods of rainfall and/or times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good, and acceptable horticultural maintenance practices. Contractors shall comply with all City of San Luis Obispo Ordinances and Resolutions which relate to water conservation.
34. Recycled/Reclaimed Water. Water supplied by the City for irrigation may be Recycled/Reclaimed Water, indicated by purple color-coded sprinklers, valves, valve boxes, tags and signs. Contractor understands that Recycled/reclaimed Water is not intended for human contact or consumption.
Contractor accepts full responsibility for educating and monitoring its employees regarding safety issues related to the presence and use of Recycled/Reclaimed Water.
35. Security of Work Locations. For work locations secured by locks, the City shall provide the Contractor with the required keys. The Contractor shall properly secure these locations when specified work is completed and shall replace or repair City property lost or damaged when locks are not properly set.
36. Contractor 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.
37. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from other Contractors during the contract term.
38. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, itemized by project work phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3