APPENDIX
APPENDIX
0 APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on _____________, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of
1166 HIGUERA DEMO, SPEC NO. 2001066B
in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows:
Item
No.
Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1. $ $
2. $ $
3. $ $
BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive.
APPENDIX
APPENDIX
1 ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the
APPENDIX
APPENDIX
2 liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.
ARTICLE V. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Whitney McDonald, City Manager
APPROVED AS TO FORM CONTRACTOR:
Name of Company
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
(2nd signature required if Corporation):
By:________________________________
Name of Corporate Officer
Its: ____________________
APPENDIX
APPENDIX
3 APPENDIX B – PLANT PALETTE
BOUTELOUA GRACILIS
'BLONDE AMBITION'
1'H
ALOE X ' ALWAYS RED '
1.5' H
ALWAYS RED ALOE
BLONDE AMBITION BLUE
GRAMA
1 GAL
1 GAL
4 3
SHRUBS BOTANICAL NAME COMMON NAME CONT QTY
2. FULL SUN PALETTE
ERIOGONUM CROCATUM
1' H
DUDLEYA PULVERULENTA
1' H
CHALK LETTUCE
SAFFRON BUCKWHEAT
1 GAL
1 GAL
5 4
SHRUBS BOTANICAL NAME COMMON NAME CONT QTY
6. FULL SUN PALETTE
SALVIA GREGGII
2.5' H
SELECT A VARIETY OF SAGE
COLORS: RED, PINK, LAVENDER
FESTUCA CALIFORNICA
'RIVER HOUSE BLUES'
1.5' H
ALWAYS RED ALOE
AUTUMN SAGE
1 GAL
1 GAL
4 2
SHRUBS BOTANICAL NAME COMMON NAME CONT QTY
3. FULL SUN PALETTE
PENNISETIUM SPATHIOLATUM
3' H
KALANCHOE 'MAJESTIC
SCALLOPS'
1.5' H
LARGE LAVENDER
SCALLOPS
RYE PUFFS
1 GAL
1 GAL
6 2
SHRUBS BOTANICAL NAME COMMON NAME CONT QTY
4. FULL SUN PALETTE
SENECIO MANDRALISCAE
1' H
SANSEVIERIA TRIFASCIATA
3' H
MOTHER-IN-LAW''S
TONGUE
BLUE FINGERS
1 GAL
1 GAL
3 8
SHRUBS BOTANICAL NAME COMMON NAME CONT QTY
5. FULL SUN PALETTE
SENECIO MANDRAUSCAE
1' H
KALANCHOE LUCIAE
1.5' H
PADDLE PLANT
BLUE FINGERS
1 GAL
1 GAL
2 4
SHRUBS BOTANICAL NAME COMMON NAME CONT QTY
1. FULL SUN PALETTE
NOTES:
1. PLANTERS: SYBERTECH GROUND LEVEL PLANTER - RECTANGULAR 54" X 26"
2. SOIL MEDIUM: EQUAL PARTS PERLITE, VERMICULITE, PEAT MOSS, AND COMPOST
3. HAND COMPACT SOUL AND WATER PRIOR TO PLANTING INSTALLATION. DURING PLANTING, ADD SOIL AND PROVIDE FINAL HAND COMPACTION AND WATER. FILL CONTAINERS TO 1" WITHIN THE TOP EDGE OF CONTAINER TO ACCOMMODATE SETTLING.
4. CROWN OF PLANT TO BE AT OR SLIGHTLY ABOVE FINISHED GRADE.
CITY OF SAN LUIS OBISPO, SEPTEMBER 2024
APPENDIX
APPENDIX
4 APPENDIX C – ASBESTOS REPORT
9517 Carmel Road, Atascadero, CA 93422 – (805) 235-0582 – [email protected]
ASBESTOS SURVEY REPORT
1166 Higuera Street
San Luis Obispo, CA 93401
February 12, 2024
Prepared by: Prepared for:
Mike Bruffey City of San Luis Obispo
Asbestos Inspections of SLO 990 Palm Street
9517 Carmel Road San Luis Obispo, CA 93401
Atascadero, CA 93422 Phone: (805) 781-7203
Phone: (805) 235-0582 [email protected]
9517 Carmel Road, Atascadero, CA 93422 – (805) 235-0582 – [email protected] 9517 Carmel Road, Atascadero, CA 93422 Phone: (805) 235-0582 Email: [email protected] February 12, 2024
Rebecca Bernstorff
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Phone: (805) 781-7203
Email: [email protected]
Re: Asbestos Survey Report Summary – Two Story Structure 1166 Higuera Street
San Luis Obispo, CA 93401
I have completed the requested asbestos sampling survey on the commercial structure located at 1166 Higuera Street, San Luis Obispo, CA on February 2, 2024. This two-story structure was built in the 1950’s – 1960’s and has approximately 2,100 square feet of space. The structure has four rooms and a restroom on the bottom level and the top level has two large rooms and a restroom. A roof access hatch is located in the closet in the north side room.
This survey was conducted prior to a planned demolition and involved sampling, cataloging, and analyzing all suspect materials found in the interior and on the exterior to test for the presence of asbestos. Of the twenty-five (25) samples collected from the location and sent to the lab for analysis, thirteen (13) contained asbestos. The beige joint compound, white plaster skimcoat, beige VFT (vinyl floor tile) & black mastic (upper and lower levels), grey floor backing, exterior block wall texture, closet sheet flooring, and gray/black roof mastic all contain various amounts of chrysotile asbestos. Three materials contained less than 1% and required an additional 400 point-count laboratory analysis to confirm the material contains <1%. The additional analysis indicates that all three contain <0.25% chrysotile asbestos and is ACCM (asbestos containing construction material) and can remain in place during the planned demolition.
AISLO appreciates the opportunity to provide these services for you and I look forward to working with you on future projects. If you have any questions or comments regarding the information contained in this report or if I can be of further assistance, please contact me by phone or email.
Sincerely,
Mike Bruffey
Owner
Asbestos Inspections of SLO - AISLO
CA Certified Asbestos Consultant #19-6499 | CDPH Certified Lead Inspector Assessor
9517 Carmel Road, Atascadero, CA 93422 – (805) 235-0582 – [email protected]
PURPOSE AND SCOPE OF SERVICES
This survey and inspection involved collecting bulk samples of suspect materials from the entire commercial structure and sending those samples to a NVLAP laboratory to analyze for the presence of asbestos. The following is a detailed description of the work performed at this location.
1. Visual inspection of the entire structure for the following materials: Category I non-friable ACM, Category II non-friable ACM, and Regulated Asbestos Containing Materials (RACM).
Accessible materials were visually inspected and sampled using the methods presented in the Federal AHERA regulations (40 CFR, Part 763). AHERA inspection methodology is required to be used for inspections of K-12 schools and is generally accepted as the industry standard for all ACM inspections regardless of structure or facility type.
2. For each sample, the following information was documented:
a) Sample Location
b) Sample Description
c) Friability
d) Condition of Material
e) Potential for Disturbance
3. Submission of samples to an EPA accredited lab for analysis that provides a report containing:
a) Sample identification number (AISLO)
b) Laboratory sample identification number
c) Analytical technique
d) Quality control procedures
e) Type and percentage of asbestos (if any) in each material
4. Analyze the laboratory sample results and produce a comprehensive written report that includes:
• Applicable Definitions
• Summary of Lab Results
• Asbestos Containing Building Materials
• Conclusions and Recommendations
• Limitations and Disclaimers
• Sample Location Diagram (if required or requested)
• Bulk Asbestos Analysis – Laboratory Reports
• Analysis Request Form - Chain of Custody
• Credentials – Inspector
Materials visibly identified as non-asbestos (glass, wood, plastic, and metal) were not sampled.
9517 Carmel Road, Atascadero, CA 93422 – (805) 235-0582 – [email protected]
APPLICABLE ASBESTOS DEFINITIONS
Asbestos – Asbestos is a group of six naturally occurring fibrous minerals composed of thin, needle-like fibers. They include chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite. Exposure to asbestos may cause several cancers and diseases, including mesothelioma and asbestosis.
Asbestos Containing Material (ACM) – any material containing more than one percent (1%) asbestos.
ACM Conditions – Good (intact), Fair (Damaged), and Poor (Significantly Damaged) Asbestos Containing Construction Material (ACCM) - any manufactured construction material which contains more than 1/10th of 1% asbestos (.1%) by weight.
Asbestos Related Work - The activity, by disturbing asbestos-containing construction materials (ACCM), may release asbestos fibers into the air and is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials.
Category I Non-Friable ACM – asbestos containing packings, gaskets, resilient floor covering, Galbestos, and asphalt roofing products containing more than 1% asbestos.
Category II Non-Friable ACM – any material that is not Cat I that contains more than 1% asbestos. Generally cementitious in nature such as stucco, transite, etc.
Friable ACM – any material containing more than 1% asbestos and can be crumbled, pulverized, or reduced to powder/dust by applying hand pressure.
NESHAPS – National Emission Standards for Hazardous Air Pollutants – EPA regulation 40 CFR subpart M, Part 61
Regulated Asbestos Containing Material (RACM) – (a) Friable asbestos material, (b) Category I non-friable ACM that has become friable, (c) Category I non-friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations.
Report of Use - See section Title 8, Section 5203. Note: Employers registered with the Chief in accordance with Sections 341.6 to 341.9 for the purpose of conducting asbestos-related work involving over 100 square feet, as defined in Section 341.6(a), of asbestos-containing construction material shall be deemed to be in compliance with section 5203 for the asbestosrelated work requiring registration. Except that emergencies as defined in section 5203(a) must be reported as required in section 5203(f).
9517 Carmel Road, Atascadero, CA 93422 – (805) 235-0582 – [email protected]
SUMMARY OF LAB RESULTS - ASBESTOS
Sample# Location or
Room #
Material Description Asbestos
Present
Type of
Asbestos
%
Asbestos
Quantity Condition NESHAPS
Category
1 Room 2 Beige Floor Tile YES CH 2% >1002 ft. Good CAT I NF 2 Kitchen Beige Floor Tile YES CH 2% >1002 ft. Good CAT I NF 3 Room 3 Beige Floor Tile YES CH 2% >1002 ft. Good CAT I NF 4 Restroom Gray/beige Floor Tile NO NA NA NA NA NA
5 Restroom Beige Floor Tile YES CH 2% >1002 ft. Good CAT I NF 6 Entry Tan Floor Tile/Grey backing YES CH 2%/45% 802 Good CAT I NF 7 Entry Gray/beige Floor Tile NO NA NA NA NA NA
8 Room 1 Drywall/White Joint Compound NO NA NA NA NA NA 9 Restroom Drywall/White Joint Compound NO NA NA NA NA NA 10 Room 3 Beige Joint Compound YES CH <0.25% 3502 ft. Good NA/ACCM 11 Kitchen Beige Wall Texture NO NA NA NA NA NA
12 Room 3 White 2’x4’ Ceiling Tile NO NA NA NA NA NA
13 Exterior Wall Stucco/Texture NO NA NA NA NA NA
14 Exterior Wall Red Brick/Gray Mortar NO NA NA NA NA NA 15 Exterior Wall Concrete Block Wall Beige Text. YES CH <0.25% 2502 ft. Good NA/ACCM 16 Exterior Wall Beige/gray Stucco Materials NO NA NA NA NA NA 17 Exterior Window White Window Glaze NO NA NA NA NA NA 18 2nd/South Room Beige VFT/Black Mastic YES CH 2%/10% 250 Good CAT I NF 19 2nd/North Room Beige VFT/Black Mastic YES CH 2%/10% 250 Good CAT I NF 20 2nd/N. Rm Closet Beige Sheet Floor/Black VFT YES CH 25%/3% 302 Good RACM 21 2nd/South Room Brown/White 1x1 Ceiling Tile NO NA NA NA NA NA 22 2nd/Roof Tar and Felt Roofing Layers NO NA NA NA NA NA 23 2nd/Roof Hatch Gray/black mastic YES CH 10% 32 Good CAT I NF 24 2nd/Restroom White plaster skim coat YES CH <0.25% 3502 ft. Good NA/ACCM 25 2nd/Hallway White plaster skim coat YES CH <0.25% 3502 ft. Good NA/ACCM
9517 Carmel Road, Atascadero, CA 93422 – (805) 235-0582 – [email protected]
MATERIALS THAT CONTAIN ASBESTOS
• Beige joint compound found in room 3 contains <0.25% chrysotile asbestos by 400-point count.
• White skimcoat on upper level restroom/hallway walls and ceiling contains <0.25% chrysotile asbestos by 400-point count.
• Beige texture on north exterior concrete block wall contains <0.25% chrysotile asbestos by 400-point count.
• Beige VFT lower and upper level
• Tan VFT on lower level entry floor
• Black Mastic
• Gray fibrous backing in the entry floor
• Beige sheet flooring in upper level closet
• Gray/black roofing mastic on the access hatch
MATERIALS THAT DO NOT CONTAIN ASBESTOS BY LABORATORY ANALYSIS Stucco
Roofing materials other than the mastics
White joint compound throughout
Wall texture throughout
Red Brick and Mortar
Concrete block
Ceiling tiles (2x4’ and 1x1’)
Window glaze
9517 Carmel Road, Atascadero, CA 93422 – (805) 235-0582 – [email protected]
ASBESTOS CONTAINING MATERIALS
I collected samples of all suspect materials from the upper and lower levels of the structure from the exterior and the interior. The inspection process was focused on collecting all suspect materials from the structure. A total of twenty-five (25) samples were collected, documented, and submitted to LA Testing in Huntington Beach, CA, an EPA accredited laboratory for analytical testing. Lab results can be found in the Bulk Asbestos Analysis section of this report. The samples were analyzed for the presence of asbestos by Polarized Light Microscopy (PLM) with dispersion staining in accordance with the EPA Method 600/R-93-116, Visual Area Estimation.
Regulations in California (Cal OSHA Title 8, CCR 1529) define asbestos containing construction materials (ACCM) as those materials having asbestos content of greater than one tenth of one percent (>0.1%); therefore, for the purpose of this survey, any amount of asbestos detected will be considered positive.
The following material contains asbestos:
Sample Number: 10, 15, 24 & 25
Sample description: Beige joint compound, Beige Texture & white skimcoat Location of Material: Room 3 and upper level restroom and hallway Quantity of Material: Approximately 350 square feet of each Type and % of Asbestos: Chrysotile – <0.25% by 400-point count analysis (all materials) NESHAP Classification: NA – This is ACCM
Overall Condition: Good and intact
Disturbance Potential: Low as the material is in good condition.
Recommended Response: Since this structure will be demolished, the material can remain during demolition and disposed of as construction debris.
Sample Number: 1, 2, 3, 5, 6, 18, 19 & 20
Sample description: Tan, Beige, & Black Vinyl Floor Tile and Black Mastic Location of Material: Entire lower level (under carpet), Upper level, and closet Quantity of Material: 8002 feet (estimate as it is covered by carpet) Type and % of Asbestos: Chrysotile – 2%-10%
9517 Carmel Road, Atascadero, CA 93422 – (805) 235-0582 – [email protected] NESHAP Classification: Category I non-friable
Overall Condition: Good
Disturbance Potential: Low as it is intact and not damaged.
Recommended Response: The material should be maintained in the current condition and removed prior to any other activity that could disturb it. It is recommended that it be properly removed by an asbestos abatement contractor certified and licensed by the State of California prior to demolition. Do not dry scrape, sand, or abrade the material as asbestos fibers may become airborne.
Sample Number: 6 & 20
Sample description: Gray and Beige Fibrous Material
Location of Material: Entry and upper-level closet
Quantity of Material: 502 feet (estimate as it is covered by carpet) Type and % of Asbestos: Chrysotile – 45%-25%
NESHAP Classification: RACM
Overall Condition: Good
Disturbance Potential: Low as it is intact and not damaged and covered by carpet.
Recommended Response: The material should be maintained in the current condition and removed prior to any other activity that could disturb it. It is recommended that it be properly removed by an asbestos abatement contractor certified and licensed by the State of California prior to demolition. Do not dry scrape, sand, or abrade the material as asbestos fibers may become airborne.
9517 Carmel Road, Atascadero, CA 93422 – (805) 235-0582 – [email protected]
CONCLUSIONS AND RECOMMENDATIONS
Samples 10, 15, 24, and 25 (beige joint compound, beige texture, and white skim coat) were initially analyzed to contain <1% chrysotile asbestos using PLM analysis. The samples were then analyzed by 400-point count analysis to confirm they contain less than 1%. The final lab results show that the materials all contain <0.25% asbestos. These materials are ACCM and can remain in place during the demolition process and be disposed of as C&D (construction debris). All other material must be removed before the structure is demolished.
Intact and undisturbed asbestos containing building materials do not pose a health risk.
Improperly disturbing the material can, however, expose occupants and construction workers to airborne asbestos fibers. I strongly recommend the ACM (asbestos containing materials) identified in this report be removed and disposed of by an abatement contractor licensed by the State of California in accordance with all applicable regulations. Demolition activities should ensure that no dust is created during the removal of this structure.
Any material that contains greater than 1 percent asbestos is considered asbestos containing material (ACM) and if removed, must be handled, transported, and disposed of according to EPA and other applicable local regulations.
Quantities of asbestos containing materials noted in this report are intended as estimates only! Prior to removing ACM’s, I recommend the certified contractor(s) conduct a thorough site inspection to determine a more accurate estimation of actual material that will be removed prior to submission of a contract bid.
The local County Air Pollution Control District is delegated authority to implement the asbestos NESHAP regulation in any given county. This regulation requires specific actions by the owner or operator of the applicable project. Before beginning the project and for additional information and requirements, be sure to visit the San Luis Obispo County APCD website (https://www.slocleanair.org/rules-regulations/asbestos.php) or call them at (805) 781-5912.
Local building and planning departments should also be consulted before any renovation or demolition begins on this project as they may have specific rules and regulations regarding projects involving commercial and residential projects.
These conclusions and recommendations are based on the requirements set forth in 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAPS) Subpart M, and Title 8, Chapter 4, Section 1529 – Cal/OSHA Construction Safety Orders for Asbestos.
9517 Carmel Road, Atascadero, CA 93422 – (805) 235-0582 – [email protected]
LIMITATIONS AND DISCLAIMERS
The findings and conclusions rendered in this report are opinions based on the scope of work authorized by the client and laboratory analysis of the samples collected during this inspection.
This report does not reflect variations which may exist between sampling points. These variations cannot be anticipated, nor could they be entirely accounted for, despite exhaustive additional testing. My work has been performed in accordance with generally accepted practices in the field of asbestos consultation. No other warranty, either expressed or implied, is made.
Although every effort was made to identify all the asbestos containing materials that may be present in this structure, it is possible for other asbestos containing materials to be located within the walls, subfloors, and attic space. If other suspect materials not sampled in this inspection are discovered, assume they contain asbestos. Contact me for further sampling and analysis if required.
Enclosed with this report is the Bulk Asbestos Analysis (Laboratory Report) from LA Testing, Analysis Request Form (Chain of Custody), and my Certified Asbestos Consultant certification documentation.
LA Testing
5431 Industrial Drive Huntington Beach, CA 92649
Tel/Fax: (714) 828-4999 / (714) 828-4944
http://www.LATesting.com / [email protected]
LA Testing Order: 332402020
Customer ID: AISL42
Customer PO:
Project ID:
Attention: Mike Bruffey Phone: (805) 235-0582
Asbestos Inspections SLO Fax:
9517 Carmel Road Received Date: 02/06/2024 2:45 PM
Atascadero, CA 93422 Analysis Date: 02/08/2024
Collected Date: 02/02/2024
Project: 1166 HIGUERA SLO
Test Report: Asbestos Analysis of Bulk Materials via AHERA Method 40CFR 763 Subpart E Appendix E supplemented with EPA 600/R-93/116 using Polarized Light Microscopy Sample Description Appearance % Fibrous % Non-Fibrous
Non-Asbestos Asbestos
% Type
1-Mastic 1
332402020-0001
Yellow 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/RM
2/TILE/MASTIC
1-Leveler
332402020-0001A
White 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/RM
2/TILE/MASTIC
1-Mastic 2
332402020-0001B
Orange 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/RM
2/TILE/MASTIC
1-Floor Tile
332402020-0001C
Beige 98% Non-fibrous (Other) 2% Chrysotile
Non-Fibrous
Homogeneous
LOWER/RM
2/TILE/MASTIC
1-Mastic 3
332402020-0001D
Black/Orange 100% Non-fibrous (Other) None Detected
Non-Fibrous
Heterogeneous
LOWER/RM
2/TILE/MASTIC
2-Floor Tile
332402020-0002
Beige 98% Non-fibrous (Other) 2% Chrysotile
Non-Fibrous
Homogeneous
LOWER/KITCHEN/TI
LE/MASTIC
2-Mastic
332402020-0002A
Black/Yellow 100% Non-fibrous (Other) None Detected
Non-Fibrous
Heterogeneous
LOWER/KITCHEN/TI
LE/MASTIC
3-Floor Tile
332402020-0003
Beige 98% Non-fibrous (Other) 2% Chrysotile
Non-Fibrous
Homogeneous
LOWER/RM
3/TILE/MASTIC
3-Mastic
332402020-0003A
Yellow 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/RM
3/TILE/MASTIC
4-Floor Tile
332402020-0004
Gray/Beige 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/RESTROOM
/TILE/TOP
4-Mastic
332402020-0004A
Orange 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/RESTROOM
/TILE/TOP
5-Mastic 1
332402020-0005
Yellow 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/RESTROOM
/TILE/BOTTOM
5-Floor Tile
332402020-0005A
Beige 98% Non-fibrous (Other) 2% Chrysotile
Non-Fibrous
Homogeneous
LOWER/RESTROOM
/TILE/BOTTOM
5-Mastic 2
332402020-0005B
Brown/Black 100% Non-fibrous (Other) None Detected
Non-Fibrous
Heterogeneous
LOWER/RESTROOM
/TILE/BOTTOM
6-Mastic 1
332402020-0006
Brown/Black 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/ENTRY/TILE
/TOP
6-Floor Tile
332402020-0006A
Tan 98% Non-fibrous (Other) 2% Chrysotile
Non-Fibrous
Homogeneous
LOWER/ENTRY/TILE
/TOP
Initial report from: 02/08/2024 19:07:34
ASB_PLM_0008_0001 - 1.78 Printed: 2/8/2024 4:07 PM Page 178 of 565 Page 1 of 4 LA Testing
5431 Industrial Drive Huntington Beach, CA 92649
Tel/Fax: (714) 828-4999 / (714) 828-4944
http://www.LATesting.com / [email protected]
LA Testing Order: 332402020
Customer ID: AISL42
Customer PO:
Project ID:
Test Report: Asbestos Analysis of Bulk Materials via AHERA Method 40CFR 763 Subpart E Appendix E supplemented with EPA 600/R-93/116 using Polarized Light Microscopy Sample Description Appearance % Fibrous % Non-Fibrous
Non-Asbestos Asbestos
% Type
6-Mastic 2
332402020-0006B
Yellow 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/ENTRY/TILE
/TOP
6-Backing
332402020-0006C
Gray 55% Non-fibrous (Other) 45% Chrysotile
Fibrous
Homogeneous
LOWER/ENTRY/TILE
/TOP
6-Leveler
332402020-0006D
Gray 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/ENTRY/TILE
/TOP
6-Mastic 3
332402020-0006E
Orange 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/ENTRY/TILE
/TOP
7-Floor Tile
332402020-0007
Gray/Beige 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/ENTRY/TILE
/BOTTOM
7-Mastic
332402020-0007A
Brown/Orange 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/ENTRY/TILE
/BOTTOM
8-Joint Compound
332402020-0008
White 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/RM 1
DRYWALL/JOINT
COMP.
8-Drywall
332402020-0008A
Cellulose 88% Non-fibrous (Other) None Detected
Glass
10%
2%
Brown/White
Fibrous
Heterogeneous
LOWER/RM 1
DRYWALL/JOINT
COMP.
9-Joint Compound
332402020-0009
White 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/RESTROOM
/DRYWALL/JOINT
COMP.
9-Mesh
332402020-0009A
Synthetic 10% Non-fibrous (Other) None Detected
Glass
60%
30%
White
Fibrous
Homogeneous
LOWER/RESTROOM
/DRYWALL/JOINT
COMP.
9-Drywall
332402020-0009B
Brown/White 10% Cellulose 90% Non-fibrous (Other) None Detected Fibrous
Heterogeneous
LOWER/RESTROOM
/DRYWALL/JOINT
COMP.
10-Joint Compound
332402020-0010
Beige 100% Non-fibrous (Other) <1% Chrysotile
Non-Fibrous
Homogeneous
LOWER/ROOM
3/DRYWALL/JOINT
COMP
10-Drywall
332402020-0010A
Cellulose 88% Non-fibrous (Other) None Detected
Glass
10%
2%
Brown/White
Fibrous
Homogeneous
LOWER/ROOM
3/DRYWALL/JOINT
COMP
11 332402020-0011
Beige 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/KITCHEN/W
OOD WALL
TEXTURE
12 332402020-0012
Perlite None Detected
Non-fibrous (Other)
30%
10%
Cellulose
Min. Wool
50%
10%
Gray/White
Fibrous
Homogeneous
LOWER/ROOM 3
CEILING TILE
13-Texture
332402020-0013
White 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/EXTERIOR
WALL STUCCO
13-Stucco
332402020-0013A
Gray 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/EXTERIOR
WALL STUCCO
14-Brick
332402020-0014
Red 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/ EXTERIOR
BRICK/MORTAR
14-Mortar
332402020-0014A
Gray 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/ EXTERIOR
BRICK/MORTAR
Initial report from: 02/08/2024 19:07:34
ASB_PLM_0008_0001 - 1.78 Printed: 2/8/2024 4:07 PM Page 179 of 565 Page 2 of 4 LA Testing
5431 Industrial Drive Huntington Beach, CA 92649
Tel/Fax: (714) 828-4999 / (714) 828-4944
http://www.LATesting.com / [email protected]
LA Testing Order: 332402020
Customer ID: AISL42
Customer PO:
Project ID:
Test Report: Asbestos Analysis of Bulk Materials via AHERA Method 40CFR 763 Subpart E Appendix E supplemented with EPA 600/R-93/116 using Polarized Light Microscopy Sample Description Appearance % Fibrous % Non-Fibrous
Non-Asbestos Asbestos
% Type
15-Texture
332402020-0015
Beige 100% Non-fibrous (Other) <1% Chrysotile
Non-Fibrous
Homogeneous
LOWER/EXTERIOR/
BLOCK WALL
15-Block Wall
332402020-0015A
Brown 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/EXTERIOR/
BLOCK WALL
16-Finish Coat
332402020-0016
Beige 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/EXTERIOR
WALL STUCCO
16-Base Coat
332402020-0016A
Gray 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/EXTERIOR
WALL STUCCO
17 332402020-0017
White 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
LOWER/EXTERIOR
WINDOW GLAZE
18-Mastic 1
332402020-0018
Brown/Yellow 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
UPPER/12X12"
VFT/BL MASTIC
18-Floor Tile
332402020-0018A
Beige 98% Non-fibrous (Other) 2% Chrysotile
Non-Fibrous
Homogeneous
UPPER/12X12"
VFT/BL MASTIC
18-Mastic 2
332402020-0018B
Black 90% Non-fibrous (Other) 10% Chrysotile
Non-Fibrous
Homogeneous
UPPER/12X12"
VFT/BL MASTIC
19-Floor Tile
332402020-0019
Beige 98% Non-fibrous (Other) 2% Chrysotile
Non-Fibrous
Homogeneous
UPPER/12X12"
VFT/BL MASTIC
19-Mastic
332402020-0019A
Black 92% Non-fibrous (Other) 8% Chrysotile
Non-Fibrous
Homogeneous
UPPER/12X12"
VFT/BL MASTIC
20-Sheet Flooring
332402020-0020
Beige 75% Non-fibrous (Other) 25% Chrysotile
Fibrous
Heterogeneous
UPPER/CLOSET/SH
EET FLOORING
20-Mastic
332402020-0020A
Yellow 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
UPPER/CLOSET/SH
EET FLOORING
20-Floor Tile
332402020-0020B
Black 97% Non-fibrous (Other) 3% Chrysotile
Non-Fibrous
Homogeneous
UPPER/CLOSET/SH
EET FLOORING
21 332402020-0021
Brown/White 90% Cellulose 10% Non-fibrous (Other) None Detected Fibrous
Heterogeneous
UPPER/1X1'
CEILING TILES
22-Felt 1
332402020-0022
Black 20% Glass 80% Non-fibrous (Other) None Detected
Fibrous
Homogeneous
ROOF/LAYERS/TAR/
FELT
22-Felt 2
332402020-0022A
Black 35% Cellulose 65% Non-fibrous (Other) None Detected Fibrous
Homogeneous
ROOF/LAYERS/TAR/
FELT
22-Tar
332402020-0022B
Black 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
ROOF/LAYERS/TAR/
FELT
22-Insulation
332402020-0022C
Brown 98% Cellulose 2% Non-fibrous (Other) None Detected Fibrous
Homogeneous
ROOF/LAYERS/TAR/
FELT
23-Mastic
332402020-0023
Gray/Black 90% Non-fibrous (Other) 10% Chrysotile
Fibrous
Homogeneous
ROOF
HATCH/TAR/MASTIC
Initial report from: 02/08/2024 19:07:34
ASB_PLM_0008_0001 - 1.78 Printed: 2/8/2024 4:07 PM Page 180 of 565 Page 3 of 4 LA Testing
5431 Industrial Drive Huntington Beach, CA 92649
Tel/Fax: (714) 828-4999 / (714) 828-4944
http://www.LATesting.com / [email protected]
LA Testing Order: 332402020
Customer ID: AISL42
Customer PO:
Project ID:
Test Report: Asbestos Analysis of Bulk Materials via AHERA Method 40CFR 763 Subpart E Appendix E supplemented with EPA 600/R-93/116 using Polarized Light Microscopy Sample Description Appearance % Fibrous % Non-Fibrous
Non-Asbestos Asbestos
% Type
23-Shingle
332402020-0023A
Brown/Black 20% Synthetic 80% Non-fibrous (Other) None Detected Fibrous
Heterogeneous
ROOF
HATCH/TAR/MASTIC
24-Skim Coat
332402020-0024
White 100% Non-fibrous (Other) <1% Chrysotile
Non-Fibrous
Homogeneous
UPPER/RESTROOM
PLASTER
24-Plaster
332402020-0024A
Gray 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
UPPER/RESTROOM
PLASTER
25-Skim Coat
332402020-0025
White 100% Non-fibrous (Other) <1% Chrysotile
Non-Fibrous
Homogeneous
UPPER/HALL BY
BATHROOM/PLAST
ER
25-Plaster
332402020-0025A
Gray 100% Non-fibrous (Other) None Detected
Non-Fibrous
Homogeneous
UPPER/HALL BY
BATHROOM/PLAST
ER
Analyst(s)
Guillermo Hernandez (10)
Olivia Santiago (49)
Michael Chapman, Laboratory Manager
or Other Approved Signatory
LA Testing maintains liability limited to cost of analysis . Interpretation and use of test results are the responsibility of the client. This report relates only to the samples reported above, and may not be reproduced, except in full, without written approval by LA Testing . LA Testing bears no responsibility for sample collection activities or analytical method limitations . The report reflects the samples as received. Results are generated from the field sampling data (sampling volumes and areas, locations, etc.) provided by the client on the Chain of Custody. Samples are within quality control criteria and met method specifications unless otherwise noted. The above analyses were performed in general compliance with Appendix E to Subpart E of 40 CFR (previously EPA 600/M4-82-020 “Interim Method”) but augmented with procedures outlined in the 1993 (”final”) version of the method. This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore LA Testing recommends gravimetric reduction prior to analysis .
Unless requested by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Estimation of uncertainty is available on request.
Samples analyzed by LA Testing Ontario, CA NVLAP Lab Code 600239-0; CA ELAP 3053 Initial report from: 02/08/2024 19:07:34
ASB_PLM_0008_0001 - 1.78 Printed: 2/8/2024 4:07 PM Page 181 of 565 Page 4 of 4 LA Testing
5431 Industrial Drive Huntington Beach, CA 92649
Phone/Fax: (714) 828-4999 / (714) 828-4944
http://www.LATesting.com / [email protected]
LA Testing Order: 332402020
Customer ID: AISL42
Customer PO:
Project ID:
Attention: Mike Bruffey Phone: (805) 235-0582
Asbestos Inspections SLO Fax:
9517 Carmel Road Received: 02/06/2024 2:45 PM
Atascadero, CA 93422 Analysis Date: 02/12/2024
Collected: 02/02/2024
Project: 1166 HIGUERA SLO
Test Report: Asbestos Analysis of Bulk Materials via AHERA Method 40CFR 763 Subpart E Appendix E supplemented with EPA 600/R-93/116 using Polarized Light Microscopy.
Quantitation using 400 Point Count Procedure
Sample Description Appearance % Fibrous % Non-Fibrous % Type Non-Asbestos Asbestos
Beige
Fibrous
Homogeneous
LOWER/ROOM
3/DRYWALL/JOINT
COMP
10-Joint Compound
332402020-0010
100.0% Non-fibrous (Other) <0.25%Chrysotile
Beige
Non-Fibrous
Homogeneous
LOWER/EXTERIOR/BL
OCK WALL
15-Texture
332402020-0015
100.0% Non-fibrous (Other) <0.25%Chrysotile
White
Non-Fibrous
Homogeneous
UPPER/RESTROOM
PLASTER
24-Skim Coat
332402020-0024
100.0% Non-fibrous (Other) <0.25%Chrysotile
Analyst(s)
Guillermo Hernandez (3) Michael Chapman, Laboratory Manager or other approved signatory
LA Testing maintains liability limited to cost of analysis. Interpretation and use of test results are the responsibility of the client. This report relates only to the samples reported above, and may not be reproduced, except in full, without written approval by LA Testing. LA Testing bears no responsibility for sample collection activities or analytical method limitations. The report reflects the samples as received. Results are generated from the field sampling data (sampling volumes and areas, locations, etc.) provided by the client on the Chain of Custody. Samples are within quality control criteria and met method specifications unless otherwise noted. The above analyses were performed in general compliance with Appendix E to Subpart E of 40 CFR (previously EPA 600/M4-82-020 “Interim Method”) but augmented with procedures outlined in the 1993 (”final”) version of the method. This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore LA Testing recommends gravimetric reduction prior to analysis. Unless requested by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample.
Estimation of uncertainty is available on request.
Samples analyzed by LA Testing Ontario, CA NVLAP Lab Code 600239-0; CA ELAP 3053 Initial report from: 02/12/2024 09:30:56
ASB_PLMPC_0006_0003 Printed 2/12/2024 9:30:58AM Page 182 of 565 Page 1 of 1 OrderID: 332402020 Page 1 Of 2
OrderID: 332402020 Page 2 Of 2
APPENDIX
APPENDIX
5 APPENDIX D – LEAD PAINT SURVEY REPORT
9517 Carmel Road, Atascadero, CA 93422 – Phone: (805) 235-0582 – Email: [email protected]
LEAD PAINT SURVEY
Two Story Structure
1166 Higuera Street
San Luis Obispo, CA 93401
February 12, 2024
Prepared by: Prepared for:
Mike Bruffey City of San Luis Obispo
Asbestos Inspections SLO 990 Palm Street
9517 Carmel Road San Luis Obispo, CA 93401
Atascadero, CA 93422 Phone: (805) 781-7203
Phone: (805) 235-0582 Email: [email protected]
9517 Carmel Road, Atascadero, CA 93422 – Phone: (805) 235-0582 – Email: [email protected] 9517 Carmel Road, Atascadero, CA 93422 Phone: (805) 235-0582 Email: [email protected] February 13, 2024
Rebecca Bernstorff
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Phone: (805) 781-7203
Email: [email protected]
Re: Summary: Lead Paint Survey Report – Two Story Building 1166 Higuera Street
San Luis Obispo, CA 93401
The findings contained in this report are based on my inspection of suspect lead paint on the interior and exterior painted components on the two-story structure at 1166 Higuera Street. This inspection was conducted on February 2, 2024. This structure was constructed in the 1950’s – 1960’s during which time, lead was used in low to moderate levels in paint. The inspection of this structure was conducted for Cal/OSHA and EPA compliance in conjunction with a scheduled demolition project. The various building components were visually inspected, and twelve (12) representative samples of paint were obtained, documented, and sent to a laboratory for analysis. Not every building component was sampled, but a representative sample of at least one of each was. To obtain approximately 4 in2 of paint, I used a Bahco paint scraper to remove the paint down to the substrate. Low to moderate levels of lead paint are present on all components sampled. Levels of lead between <80 ppm to 2,800 ppm (parts per million) were reported by LA Testing in Huntington Beach, CA. Lead based paint is anything above 5,000 ppm. The paint is mostly intact, but a few areas showed signs of flaking and peeling. No lead hazards are present due to the low levels of lead in the deteriorated paint.
AISLO appreciates the opportunity to perform these services and I look forward to working with you on future projects. If you have any questions or comments regarding the information contained in this report or if I can be of further assistance, please contact me by phone or email.
Sincerely,
Mike Bruffey
Asbestos Inspections SLO - AISLO
CA Certified Asbestos Consultant #19-6499 | CDPH Lead Inspector Assessor LRC-00003723
9517 Carmel Road, Atascadero, CA 93422 – Phone: (805) 235-0582 – Email: [email protected]
SAMPLING AND ANALYSIS
This inspection involved sampling the various components on both levels inside and outside at this location and sending those samples to an accredited laboratory for analysis for the presence and amount of lead. The samples were analyzed by LA Testing using Flame Atomic Absorption or ICP in accordance with the Environmental Protection Agency (EPA) Method (3050B/7420 FAA) or (3050B/6010D ICP) to identify lead content. The method used is noted on the final report. LA Testing Laboratory is certified to analyze for lead in materials and is located in Huntington Beach, CA. They are accredited by the American Industrial Hygiene Association, the National Institute of Standards and Technology, and the California Department of Public Health (CDPH). Please note the attached laboratory reports. The following is a detailed description of the work performed at this location:
1. Submission of samples to an EPA accredited lab for analysis that provides a report containing:
i. Sample identification number (Asbestos Inspections of SLO) ii. Laboratory sample identification number
iii. Analytical technique
iv. Quality control procedures
v. Amount of lead (if any) in each material
2. Analyze the laboratory sample results and produce a comprehensive written report that includes:
• Applicable Definitions
• Summary of Laboratory Results
• Conclusions and Recommendations
• Disclaimers
• Sample Location Diagram (if requested)
• Metals Analysis of Paints
• Analysis Request Form - Chain of Custody
• CDPH Lead Hazard Evaluation Report Form 8552
• Credentials – Inspector
9517 Carmel Road, Atascadero, CA 93422 – Phone: (805) 235-0582 – Email: [email protected]
APPLICABLE DEFINITIONS
Abatement – any set of measures designed to reduce or eliminate lead hazards or lead-based paint for public and residential buildings but does not include containment or cleaning.
Component – a structural element or fixture, such as a wall, floor, ceiling, door, window, molding, trim, railing, cabinet, gutter, or downspout.
Deteriorated Lead-Based Paint – lead-based paint or presumed LBP that is cracking, chalking, flaking, chipping, peeling, non-intact, failed or otherwise separating from a component.
Lead-Based Paint – paint or other surface coatings that contain an amount of lead equal to or in excess of:
(a) one milligram per square centimeter (1.0 mg/cm2
)
(b) half of one percent (.05%) by weight (5000 parts per million (ppm) Lead Hazard – deteriorated lead-based paint, lead contaminated dust, lead contaminated soil, disturbing lead-based paint or presumed lead-based paint without containment, or any other nuisance which may result in persistent and quantifiable lead exposure.
Lead-Related Construction Work – any construction, alteration, painting, demolition, salvage, renovation, repair, or maintenance of any residential or public building, including preparation, and cleanup, that, by using or disturbing lead-containing material or soil, may result in significant exposure of adults or children to lead.
Presumed Lead-Based Paint – paint or surface coating affixed to a component in or on a structure constructed prior to January 1, 1978.
Renovation, Repair and Painting Rule (RRP) – requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in homes, childcare facilities and preschools built before 1978 have their firm certified by EPA, use certified renovators who are trained by EPA-approved training providers and follow lead-safe work practices.
9517 Carmel Road, Atascadero, CA 93422 – Phone: (805) 235-0582 – Email: [email protected]
SUMMARY OF LAB RESULTS - LEAD
A total of 12 samples were collected, documented, and sent to LA Testing to be analyzed for lead content. Most of the paint was in fair to good condition and only a small amount of flaking, peeling, and deteriorated paint was observed.
Sample
#
Location or
Room #
Material Description and Building Component Lead Content ppm
1L LL Throughout Yellow painted components <80
2L LL Restroom Grey paint <80
3L LL Kitchen White window frame <80
4L LL Entry Grey door jamb 610
5L LL Entry Grey door <80
6L LL Exterior Window Grey/green windowsill <80
7L LL Exterior Grey/green window divider <80
8L LL/UL Exterior Beige metal handrail 140
9L UL Entry Black/white door jamb 2,800
10L UL Window White windowsill 970
11L UL Restroom White door jamb 1,400
12L UL Wall Grey stucco 550
As a comparison, the EPA and CDPH consider a material to be lead-based paint when it exceeds .5% or 5,000 ppm (parts per million). In addition, the Consumer Product Safety Commission (CPSC) set a limit of .009% or 90 ppm of lead in paint for children’s toys and CAL OSHA regulates workers who disturb lead coated surfaces at any detectable lead level.
Moderate levels of lead were detected in the following samples:
9L Entry door jamb upper level
11L Restroom door jamb upper level
All other paint sampled was between <80 ppm and 970 ppm.
9517 Carmel Road, Atascadero, CA 93422 – Phone: (805) 235-0582 – Email: [email protected] CONCLUSIONS and RECOMMENDATIONS
Low to moderate levels of lead are present on all components sampled and analyzed at this location. No lead-based paint was detected, and no lead hazards are present. The State of California, Title 17, Division 1, and Chapter 8 pertains to all public and residential buildings in California and is enforced by the CDPH. Pursuant to Title 17 and EPA regulations, lead-based paint is defined as paint or other surface coatings containing an amount of lead equal to or greater than one milligram per square centimeter (1.0 mg/cm2 ) or more than half of
one percent >0.5% or 5,000 parts per million (ppm) by weight. Title 17 also defines a lead hazard as deteriorated lead-based paint, disturbing lead-based paint or presumed lead-based paint without containment, or any other nuisances which may result in persistent or quantifiable lead exposure. Additionally, worker exposure to materials containing lead during construction work is regulated by the Federal OSHA 29 CFR 1926.62(a) and CAL OSHA 8 CCR §1532.1(a).
These regulations require worker protection during construction “…where lead or materials containing lead are present.”
Any contractor conducting work which will disturb the painted surfaces in this location should receive proper notification of the lead content and the condition of the lead containing surfaces prior to demolition, renovation, or any activity which may disturb the material.
All work that disturbs painted components should be conducted in compliance with the CAL OSHA Title 8, Section 1532.1, and all applicable EPA regulations.
These conclusions and recommendations are based on the requirements set forth by the Department of Housing and Urban Development Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, 40 CFR Part 61 and CAL OSHA Construction Safety Orders, Title 8, Chapter 4, Section 1532.1.
Work which disturbs lead based paint in quantities of more than 6 square feet inside or 20 square feet outside in a single-family residence or child occupied facility built prior to 1978, requires a certified renovator to conduct the work in accordance with EPA’s 2008 Lead-Based Paint Renovation, Repair and Painting (RRP) Rule.
Any additional suspect paint or surface coating materials that are revealed by repair, renovation, remodel, or demolition activities should be assumed to be lead-based paint and managed as such, until properly sampled and analyzed. Contact me for additional sampling should the contractor request additional information regarding painted components at this location.
9517 Carmel Road, Atascadero, CA 93422 – Phone: (805) 235-0582 – Email: [email protected]
DISCLAIMERS
The findings and conclusions rendered in this report are opinions based on the scope of work authorized by the client and laboratory analysis of samples collected during this inspection. This report does not reflect variations which may exist between sampling points. These variations cannot be anticipated, nor could they be entirely accounted for, despite exhaustive additional testing. My work has been performed in accordance with generally accepted practices in the field of lead consultation.
Enclosed with this report are the following documents:
Metals Analysis of Paints (Laboratory Report)
Analysis Request Form (Chain of Custody)
Lead Hazard Evaluation Report (CDPH 8552)
Inspector Credentials
Client SampleDescription Collected Analyzed Weight RDL Lead Concentration Test Report: Lead in Paint Chips by Flame AAS (SW 846 3050B/7000B)* LA Testing
5431 Industrial Drive, Huntington Beach, CA 92649
Phone/Fax: (714) 828-4999 / (714) 828-4944
http://www.LATesting.com [email protected]
Attn: Mike Bruffey
Asbestos Inspections SLO
9517 Carmel Road
Atascadero, CA 93422
Received: 2/6/2024 02:45 PM
1166 HIGUERA ST SLO
Fax:
Phone: (805) 235-0582
Project:
Collected: 2/2/2024
332402049
CustomerID: AISL42
CustomerPO:
ProjectID:
LA Testing Order:
Site: LOWER/YELLOW PAINT THROUGHOUT
2/12/2024 0.2768g <0.0080 % wt
332402049-0001
1L 2/2/2024 0.0080 % wt
Site: LOWER/GREY RESTROOM
2/12/2024 0.2695g <0.0080 % wt
332402049-0002
2L 2/2/2024 0.0080 % wt
Site: KITCHEN WINDOW FRAME WHITE
2/12/2024 0.2734g <0.0080 % wt
332402049-0003
3L 2/2/2024 0.0080 % wt
Site: FRONT DOOR JAM/FRAME
2/12/2024 0.287g 0.061 % wt
332402049-0004
4L 2/2/2024 0.0080 % wt
Site: FRONT DOOR GREY
2/12/2024 0.2653g <0.0080 % wt
332402049-0005
5L 2/2/2024 0.0080 % wt
Site: EXTERIOR/WINDOWSILL
2/12/2024 0.3012g <0.0080 % wt
332402049-0006
6L 2/2/2024 0.0080 % wt
Site: EXTERIOR/VRT. WINDOW DIVIDER
2/12/2024 0.2665g <0.0080 % wt
332402049-0007
7L 2/2/2024 0.0080 % wt
Site: EXTERIOR METAL STAIR HANDRAIL
2/12/2024 0.2878g 0.014 % wt
332402049-0008
8L 2/2/2024 0.0080 % wt
Site: UPPER/DOOR JAM B/W
2/12/2024 0.3088g 0.28 % wt
332402049-0009
9L 2/2/2024 0.0080 % wt
Site: UPPER/WINDOWSILLS
2/12/2024 0.2778g 0.097 % wt
332402049-0010
10L 2/2/2024 0.0080 % wt
Site: UPPER/RESTROOM/DOOR JAM/FR
2/12/2024 0.261g 0.14 % wt
332402049-0011
11L 2/2/2024 0.0080 % wt
Test Report PB w/RDL-2.0.0.0 Printed: 2/12/2024 1:30:04 PM Page 1 of 2 Michael Chapman, Laboratory Manager
or other approved signatory
LA Testing maintains liability limited to cost of analysis. Interpretation and use of test results are the responsibility of the client. This report relates only to the samples reported above, and may not be reproduced, except in full, without written approval by LA Testing. LA Testing bears no responsibility for sample collection activities or analytical method limitations. The report reflects the samples as received. Results are generated from the field sampling data (sampling volumes and areas, locations, etc.) provided by the client on the Chain of Custody. Samples are within quality control criteria and met method specifications unless otherwise noted.
Analysis following Lead in Paint by LA Testing SOP/Determination of Environmental Lead by FLAA. Reporting limit is 0.008% wt based on the minimum sample weight per our SOP. "<" (less than) result signifies the analyte was not detected at or above the reporting limit. Measurement of uncertainty is available upon request. Definitions of modifications are available upon request.
Samples analyzed by LA Testing Huntington Beach, CA AIHA LAP, LLC-ELLAP Accredited #101650, CA ELAP 1406 Initial report from 02/12/2024 13:30:04
Client SampleDescription Collected Analyzed Weight RDL Lead Concentration Test Report: Lead in Paint Chips by Flame AAS (SW 846 3050B/7000B)* LA Testing
5431 Industrial Drive, Huntington Beach, CA 92649
Phone/Fax: (714) 828-4999 / (714) 828-4944
http://www.LATesting.com [email protected]
Attn: Mike Bruffey
Asbestos Inspections SLO
9517 Carmel Road
Atascadero, CA 93422
Received: 2/6/2024 02:45 PM
1166 HIGUERA ST SLO
Fax:
Phone: (805) 235-0582
Project:
Collected: 2/2/2024
332402049
CustomerID: AISL42
CustomerPO:
ProjectID:
LA Testing Order:
Site: EXTERIOR STUCCO
2/12/2024 0.364g 0.055 % wt
332402049-0012
12L 2/2/2024 0.0080 % wt
Test Report PB w/RDL-2.0.0.0 Printed: 2/12/2024 1:30:04 PM Page 2 of 2 Michael Chapman, Laboratory Manager
or other approved signatory
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APPENDIX
APPENDIX
6 APPENDIX E – NESHAP NOTIFICATION OF DEMOLITION AND RENOVATION
APCD FORM
U.S. EPA NOTIFICATION OF DEMOLITION AND RENOVATION
Operator Project # Postmark Date Received Notification # I. Type of Notification (check one): Original Revised Canceled II. Facility Description
Building Name: ____________________________________________________________________________________________ Address: _________________________________________________________________________________________________ City: __________________________________ State: __________ Zip Code: _____________ County: ______________ Site Location : _____________________________________________________________________________________________ Building Size (square feet): __________________________ # of Floors: ________________ Age in Years: __________ Present Use: _______________________________________ Prior Use: ___________________________________________ III. Type of Operation (check one): Demo Ordered Demo Renovation Emergency Renovation Fire Training IV. Is Asbestos Present? (check one): Yes No
V. Facility Information
Owner Name: ______________________________________________________________________________________ Address: ___________________________________________________________________________________________ City: ____________________________________________ State: _______________ Zip Code: _______________ Contact: ___________________________________ Telephone: (____)__________________ Fax: _________________ Removal Contractor Name: __________________________________________________________________________ Address: __________________________________________________________________________________________ City: ____________________________________________ State: _______________ Zip Code: _______________ Contact: ___________________________________ Telephone: (____)__________________ Fax: _________________ Other Operator (demolition/general): __________________________________________________________________ Address: ___________________________________________________________________________________________ City: ____________________________________________ State: _______________ Zip Code: _______________ Contact: ___________________________________ Telephone: (____)__________________ Fax: _________________ VI. Procedure, including analytical methods, employed to detect the presence of and to estimate the quantity of RACM and Category I and Category II non-friable ACM:
VII. Approximate Amount of Asbestos Materials:
RACM to be Removed
Non-friable Asbestos Material
to be Removed
Non-friable Asbestos Material
NOT to be Removed
Category I Category II Category I Category II
Pipes (linear feet)
Surface Area (square feet)
Facility Components (cubic feet)
VIII. Scheduled Dates Demolition or Renovation: Start: Complete:
IX. Dates for Asbestos Removal (MM/DD/YY) Start: Complete:
Days of the Week: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Hours of Operation:
U.S. EPA NOTIFICATION OF DEMOLITION AND RENOVATION
X. Description of planned Demolition or Renovation work to be performed and method(s) to be employed, including demolition or renovation techniques to be used and description of affected facility component s:
XI. Description of work practices and engineering controls to be used to comply with the requirements, including asbestos removal and waste handling emission control procedures:
XII. Waste Transporter #1
Name:
Address:
City: State: Zip Code:
Contact: Telephone: ( )
Waste Transporter #2
Name:
Address:
City: State: Zip Code:
Contact: Telephone: ( )
XIII. Waste Disposal
Name:
Address:
City: State: Zip Code:
Contact: Telephone: ( )
XIV. Emergency Demolition (complete Item XIV only if this project is an Emergency Demo.)
1. Attach a copy of the Order to this notice.
2. Name of Authority Issuing Order: Title:
3. Authority of Order (Citation of Code):
4. Date of Order (MM/DD/YY): Date Ordered to Begin
XV. Emergency Renovation (Attach separate sheet with the following information if project is Emergency Renovation.)
1. Date and Hour of the Emergency:
2. Description of the Sudden, Unexpected Event:
3. Explanation of how the event caused unsafe conditions or equipment damage or an unreasonable financial burden.
XVI. Description of procedures to be followed in the event that unexpected RACM is found or non-friable ACM becomes crumbled, pulverized, or reduced to powder.
I certify that an individual trained in the provisions of NESHAP (40 CFR PART 61, SUBPART M) will be on -site during the Demolition or Renovation, and evidence that the required training has been accomplished by this person will be available during normal business hours.
XVII.
Signature of Owner/Operator Date Type or Print Name and Title I acknowledge the existence of laws prohibiting the submission of false or misleading statements, and I certify that facts contained in this notification are true, accurate, and complete.
XVIII.
Signature of Owner/Operator Date Type or Print Name and Title
APPENDIX
APPENDIX
7 APPENDIX F – OCCUPATIONAL, HEALTH AND SAFETY GUIDELINES
Occupational, Health and Safety
RE: Health and Safety review of expectations and requirements for seeking asbestos abatement contractors at 1166 Higuera Demolition.
Jake Parsons, Safety Manager
Morgan Edmunson, Public Works Engineer
Survey and Inspection
Contractor should refer to prior completed asbestos survey as provided by the City.
Licensing
The contractor or their listed subcontractor performing asbestos abatement shall maintain a C-22 Asbestos Abatement Contractor License from the California Contractors State License Board (CSLB) for the duration of the contract.
The contractor shall be registered with the Division of Occupational Safety and Health (Cal/OSHA). This registration is required for any work involving 100 square feet or more of asbestos-containing construction materials (ACCM).
The contractor shall file a Report of Use with the Department of Safety and Health (Cal/OSHA) if the total square footage of asbestos abatement is less than 100 square feet.
Training and Certification
The contractor shall ensure that all supervisors and workers involved in asbestos abatement receive training in courses approved by Cal/OSHA under the Asbestos Hazard Emergency Response Act (AHERA) prior to the start of work.
The contractor shall maintain a list of applicable trainings which verify the notification and training of the contractor’s employees on relevant topics including but not limited to those known or assumed hazards at the worksite. Complete training records shall be submitted to the City prior to the start of jobsite activities.
Insurance
The contractor shall possess worker’s compensation insurance in compliance with City Standards 7-1.06 and State insurance requirements for the duration of the project.
Standard Operating Procedures
The contractor shall provide a written asbestos removal plan prior to the start of work. This plan shall include, but is not limited to, policies and procedures which address the following:
Procedures for the removal of asbestos addressing unique circumstance where they exist.
City of San Luis Obispo, Title, Subtitle
Procedures for the protection of workers.
Procedures for the decontamination of equipment, materials, vehicles and personnel. Housekeeping procedures including wetting procedures. Ventilation and air-toxics monitoring throughout construction and after the conclusion of construction.
Final custodial and decontamination procedures.
Procedures for the notification and protection of the public.
All procedures shall be compliant with all applicable asbestos-related standards and regulations in the State of California and approved by the City’s designated person.
Equipment and Tools
The contractor shall maintain a list of necessary equipment to perform asbestos abatement including the decontamination processes for each.
Personal Protective Equipment (PPE)
The contractor shall maintain a list of necessary personnel protective equipment.
The contractor shall provide the following personal protective equipment due to the nature of the hazards of this work:
Respiratory protection
Fall prevention/arrest (if applicable)
Head, hands and feet protection
Skin protection
Signage, Public Notifications and Warnings
The contractor shall post visual signage indicating the presence or an active asbestos abatement construction project. This signage shall be on the exterior of the construction site or the exterior of any buildings within the construction site.
Warning signs must be posted at all entrances to regulated areas where asbestos work is being conducted.
All signs shall contain specific language to inform workers and others of the asbestos hazard. Exterior signage shall include statements such as the following:
DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
RESPIRATORS AND PROTECTIVE CLOTHING MAY BE REQUIRED IN THIS AREA
City of San Luis Obispo, Title, Subtitle
Hazardous Waste Remediation and Hauling
EPA IDs
Contractor shall use the City PW EPA ID. No Temporary EPA ID will be accepted. Contact Project Manager for assistance getting the existing City Public Works EPA ID number.
Manifesting and Documentation of Hazardous Waste Accumulation The contractor shall supply the City with a uniform hazardous waste manifest with appropriate weights for all containers, discussed and agreed to prior to the removal of any containers from the jobsite. No other form of hazardous waste transportation documentation will be accepted.
Security
The contractor shall effectively secure all hazardous waste containers ensuring that at no time, containers are opened, contents removed, or contents exposed to unprotected individuals throughout the duration of construction.
The City may require increased measures to secure containers of hazardous materials and/or waste.
These requirements shall be enacted immediately. The cost of properly securing hazardous waste containers is included in Bid Item 14. This price will not be adjusted if additional security measures are required.
Containerization
The contractor shall ensure that non-friable asbestos is placed in leak-tight containers or wrappings which are sealed to prevent the release of asbestos fibers. This may be done using heavy-duty plastic bags (minimum 6 mil thickness) or other suitable containers. Any alternative container shall be submitted for review and approval by the City prior to the start of work.
The contractor shall clearly label with a warning that hazardous waste containers containing asbestos.
The labeling shall include the following compliant text:
DANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST
City of San Luis Obispo, Title, Subtitle
The contractor shall “double bag” all non-friable asbestos removed from the construction site. Each bag shall be independently sealed. Each bag shall be labeled in keeping with compliant standards in the State of California.
The contractor shall maintain wetting procedures throughout the removal, bagging, and containerization process.
The contractor shall line all large containers, beds, trailers and the like with plastic sheeting prior to the remediation of hazardous waste, ensuring zero-loss of waste throughout remediation and transportation.
Transportation
The contractor shall identify a licensed hazardous waste hauler prior to the start of work. Contractor shall submit licensed hazardous waste hauler for review and approval by the City’s engineer.
Only a licensed hazardous waste transporter can haul asbestos waste. Transporters must comply with both California Department of Toxic Substances Control (DTSC) regulations and U.S. Department of Transportation (DOT) regulations regarding hazardous materials.
The contractor and their identified hazardous waste hauler shall provide uniform hazardous waste manifest and it shall accompany any and all hazardous waste throughout the remediation and transportation process.
The contractor’s designated hazardous waste hauler must provide a vehicle that is properly equipped and sealed to prevent any release of asbestos fibers during transit.
At any time, the City may request procedures for the decontamination of any equipment and vehicles used in the remediation and transportation of hazardous Air Pollution Control District waste.
Disposal
The contractor shall provide the name, address and contact information for the designated landfill prior to the start of work.
The contractor shall remove and dispose of non-friable asbestos waste to a landfill that is approved to accept asbestos-containing materials.
The contractor shall not remove any hazardous waste from the job site until a uniform hazardous waste manifest is created and signed by the City’s designated person.
The contractor shall comply with all requirements of the Air Pollution Control District (APCD) prior to the start of construction and throughout.
Ongoing Obligations
The contractor shall continuously meet all regulatory requirements, including maintaining their CSLB license and DOSH registration.
City of San Luis Obispo, Title, Subtitle
The contractor shall continuously monitor existing hazards and notify all affected personnel and the City when new hazards emerge.
Other Requirements
The contractor shall provide immediately all documentation at the City’s request and without prior notice.
Regulatory Requirements
Contractor shall ensure compliance with all listed laws and regulations below, as well as any additional laws or regulations that may apply to this contract.
49 CFR §172.304 Marking Requirements
49 CFR §172 Transportation of asbestos-containing waste. 40 CFR §61.145, Subpart M National Emissions Standard for Asbestos: Standard for Demolition and Renovation
40 CFR §763 Subpart G Protection of State and Local Government Employees 29 CFR §1926.1101 Safety and Health Regulations for Construction: Toxic and Hazardous Substances CCR Title 8 §1529 Construction Safety Orders: Dusts, Fumes, Vapors and Gases CCR Title 8 §5208 General Industry Safety Orders: Control of Hazardous Substances - Asbestos CCR Title 22 §66261.24 Characteristics of Toxicity
CCR Title 22, Division 4.5 Hazardous Waste Management
APPENDIX
APPENDIX
8 APPENDIX G – SOLAR LIGHTING PRODUCT SPECIFICATIONS
Item 5f
Department: Parks and Recreation
Cost Center: 2000503
For Agenda of: 3/18/2024
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks & Recreation Director
Prepared By: Meghan Tolley, Recreation Manager
SUBJECT: AUTHORIZE SUSPENSION OF ENFORCEMENT OF BUSINESS
LICENSE REQUIREMENT FOR LOCAL ARTISTS PARTICIPATING IN
THE CITY'S BOX ART PROGRAM
RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing suspension of enforcement of business license requirement for local artists participating in the City's Box Art program.”
POLICY CONTEXT
The City reaffirmed Diversity, Equity and Inclusion (DEI) as a Major City Goals in the 2023-25 Financial Plan:
The City is committed to “making San Luis Obispo a welcoming and inclusive city for all by continuing to incorporate diversity, equity, and inclusion into all programs and policies and advancing the recommendations of the DEI Task Force.” Included in this work is the expectation that the City will engage in initiatives that advance DEI within the organization and community, specifically:
1. Develop and implement strategies, programs, and policies that build a workplace culture and community of inclusion, fairness, and belonging for all.
2. Involve underserved/underrepresented communities and diverse voices in program development and delivery to ensure current lived experiences drive understanding, priorities, and efforts.
The City reaffirmed Cultural Vitality as a Major City Goal:
The City will engage and expand up on its community partnerships and invest in infrastructure, promotion, programs, and polices that support the economic resiliency and cultural vitality of the community while ensuring fiscal sustainability.
Additional focus will be placed on the retention and expansion of existing businesses, the vitality of arts and culture, the vitality of the downtown, and supporting underserved groups and populations. Additionally, all actions will be viewed through the lens of the City’s Sustainability and DEI efforts.
Item 5f
San Luis Obispo Municipal Code:
5.01.102 Business license required.
It shall be unlawful for any person to transact and carry on any business in the city not otherwise exempt without first having procured a business license from the city and complied with all of the applicable provisions of this chapter. (Ord. 1474 § 1 (part), 2005)
Chapter 3.01 of the Municipal Code imposes a tax upon business carried out in the City in the amount of fifty cents per thousand dollars of gross receipts, as defined in Section
3.01.104
DISCUSSION
Background
The City has continued to make Public Art a priority, finding ways to streamline the process to engage local artists in the program. One of the key and beloved programs within Public Art is the community wide Box Art Program. The Box Art Program is intended to make art accessible throughout the City, prevent graffiti and vandalism to utility boxes, and directly support the local artist community.
First established in 2010, the Box Art program was developed as a pilot program to abate graffiti on City owned utility boxes with the second phase occurring in 2012. In March 2015, the City Council approved updates to the City’s Public Art Policy to include the Utility Box Art pilot program as an ongoing temporary public art project within the City’s Public Art Program. Artists would be paid between $700 to $1,500 in addition to a supply voucher, and a $100 honorarium for their conceptual renderings, for the design and installation of a unique, jury selected design (Attachment B). Artists were required to obtain an encroachment permit at no cost to the artist. In July 2016, Council approved Box Art program changes to maintain, replace, expand and archive box art murals. The third phase of installations occurred in 2016 with another round in 2018. In April 2019, Council approved a streamlined process for the implementation of minor (temporary or semi-permanent) public art projects, including utility boxes.
Program Relaunch and Requirement Changes
In 2024, the program was revitalized after a nearly six-year hiatus. New utility boxes had been installed within the City and the original boxes from 2010 were showing significant wear and tear. While Council approved a rotation for maintenance and deaccession in 2016, original boxes had not been replaced due to staff priorities influenced by the pandemic and priority to first cover blank boxes. During this program relaunch, staff became aware of a memorandum from the Contractors State License Board regarding California Business and Professions Code 7026. The memo indicates that all installations of public art, including the painting of utility boxes, must be completed by a licensed contractor. No such licensing process existed at that time. The solution found was to utilize an RFP/Call for Artists (Attachment C), use the typical jury selection process to identify top images, purchase the use of the image from the artist, have the original art digitally converted, and hire a
Item 5f
licensed contractor to vinyl wrap the boxes. This solution still encouraged community involvement, honored the local artist community, and protected the City by hiring a licensed contractor to install the vinyl wrap, thus complying with California Business and Professions Code 7026. Changing the installation process to utilize vinyl wrapping made the program more inclusive to community participants by expanding the variety of art mediums and mitigating the physical demands and ability required of artists to paint directly on the boxes.
Once the art jury selected the top designs for the first installation of 2024, staff followed the standard procedure, utilizing the previous artist agreement (Attachment D) and prepared to pay the artists the agreed upon fee ($800) for the use of the art, as outlined in the RFP.
However, it was discovered that San Luis Obispo Municipal Code 5.01.102 (Attachments E and F) appears to require all Box Artists, over the age of 18, receiving payment from the City to have a current City business license. In early 2024, the cost for these business licenses varied from $97 for out of City residents to $424.35 for residents living in Downtown SLO. Since this time, the fees increased with Council approved fee adjustments in October 2024, as outlined in the chart below.
Business License Fee Type Breakdown of Fees Total Cost
Outside the City $126.89 business license $126.89
Location within City $126.89 business license
$301.94 home occupancy permit $428.83
Downtown Location
$126.89 business license
$301.94 home occupancy permit
$150 annual downtown fee
$578.83
These business license fees were determined by staff to be a deterrent to potential artists and financially impactful to the artists and the program. As the artists had entered into an artist agreement with the City, originally for payment of $800 without being required a business license, staff determined the City would increase the stipend to $1,075 to offset the unexpected cost for each artist to purchase a business license. For the second round of installations in 2024, the business license requirement was advertised in the RFP and the stipend increased to $1,000 (from originally budgeted $800) to compensate for the license expense, as outlined in the Box Art Purchase Order Terms and Conditions 2024 (Attachment G).
Year Phase
Number
of
Boxes
Number
of
Artists
Amount paid to
artist per box
Amount paid
by City per
box, excluding
artist fee
Cost for a
business
license paid
by each artist
2010 1 – Pilot 16
boxes 13 $1,500 + $200 supplies
$333 (box
preparation)
$0 (not
required)
2012 2 – Pilot 17
boxes 14 $1,500 + $200 supplies
$350 (box
preparation)
$0 (not
required)
2016 3
11 (8
new; 3
repairs)
10 $700 small box,
$1,500 large
box +$200
supplies +$100
honorarium
$350 (box
preparation)
$0 (not
required)
Item 5f
2018 4 26
boxes 19
$700 small box,
$1,500 large
box +$200
supplies +$100
honorarium
$650 (box
preparation)
$0 (not
required)
2024-
Spring 5
11 boxes 11 $1,075 for use of design
$1,700 (box
preparation and
vinyl wrap)
$97-424.35
2024 -
Fall
Replacement
Round 1
10 boxes 10 $1,000 for use of design
$1,700 (box
preparation and
vinyl wrap)
$97-424.35
2025
15th year
anniversary
proposal
15 15 $800 for use of
design
$1,700 (box
preparation and
vinyl wrap)
TBD
As the Box Art Program is geared to engage and celebrate local community members art, many of the individuals submitting their art through the RFP are still in the category of “new artist” or even “exploratory” artist, not yet earning a living as an artist, meaning that a majority do not have business licenses. In fact, one artist resides at 40 Prado and was supported in the design submission by City Community Action Team (CAT). In Spring of 2024, of the eleven artists chosen, eight were required to purchase business licenses, as two already had them and one was under the age of 18. There was an additional impact to staff in Finance, as well as Parks and Recreation, to track the purchase of each of these licenses prior to payment.
At a recent Public Art administrators forum held in January of 2025, with representation from Paso Robles to Ventura, staff learned that no other agency requires business licenses for their utility box programs. The reason being that the cost of the business license could be up to 50% of the payment for art. That is in addition to the administrative burden for staff time to manage the application process.
In order to continue the success of the Box Art program discussed above, staff recommends that the Box Art program not be treated as a business activity under the municipal code.
Under staff’s recommendation, participation in the Box Art program, in and of itself, will not trigger the need for an artist to obtain a City business license, and the stipend paid by the City will be excluded from “gross receipts” for the purposes of calculating business tax under Chapter 3.01 of the municipal code (if applicable to the artist). Staff acknowledges that some Box Art program participants are required to obtain or maintain a business license and pay business tax for other business activities they carry out within the City. Thus, staff’s recommended action and proposed Resolution would not exempt individuals from the business license or business tax requirements if those requirements are otherwise applicable to that individual.
Previous Council or Advisory Body Action
June 2010 – as part of the City’s Downtown Maintenance and Beautification project, the City Council approved funding for the Utility Box Art pilot project. March 2015 – City Council approved the Utility Box program to become an ongoing temporary art program.
Item 5f
July 2016 – City Council approved Box Art program changes to maintain, replace, expand and archive box art murals
April 2019 – Council approved a streamlined process for the implementation of minor (temporary or semi-permanent) public art projects, including utility boxes June 2023 – City Council adopted the 2023-25 Financial Plan, which reaffirmed the City's Major City Goals of Diversity, Equity and Inclusion as well as Economic Resiliency, Cultural Vitality and Fiscal Sustainability Public Engagement
Staff received feedback from the applicants in 2024 questioning the need for a business license and expressing concerns of financial impacts and accessibility of obtaining individual business licenses. Further feedback was provided at a Box Art event on December 6, 2024, which both new and veteran box art artists discussed the impact that the business license had on ability and desire to participate in the program.
Public comment can be provided to the City Council through written correspondence submitted prior to the meeting and through public testimony during the meeting.
CONCURRENCE
The City’s Finance Department, City Attorney’s Office, and Diversity, Equity and Inclusion Division concur with the recommendation.
ENVIRONMENTAL REVIEW
The recommended action is not considered a “Project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2024-25
Funding Identified: No
Fiscal Analysis:
Typically, the City would require a business licence from those engaged in business activities. The language of the municipal code is quite broad and could include City sponsored contests such as this. Because it is uncertain how many artists already have business licences, and whether the requirement should apply to all applicants or just those who are selected by the City, the fiscal impact of waiving the license requirement is unclear. Additionally, the Public Art Fund has covered the costs associated with artists purchasing a business license. Removing the business license requirement would allow for better use of Public Art Funds to support more community art related programming.
Item 5f
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other:
Total N/A N/A N/A N/A
ALTERNATIVES
Require all artists to have a business license. This requirement may deter community artists with limited financial resources from applying to participate in the program, thus limiting the diversity and cultural vibrancy of the program.
ATTACHMENTS
A - Draft Resolution authorizing suspension of enforcement of business license requirement as to local artists participating in the City's box art program B - 2015 Council Adopted Box Art Program Policy
C - Original RFP 2024 prior to Business License Requirements D - Box Art Agreement 2018, prior to business license requirements E - City of San Luis Obispo Municipal Code, Chapter 5.01 Business License Program F - Business License and Tax Certificate Application
G -Box Art Purchase Order Terms and Conditions 2024 with Business License Requirements
R ______
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO AUTHORIZE SUSPENSION OF
ENFORCEMENT OF BUSINESS LICENSE REQUIREMENT AS TO
LOCAL ARTISTS PARTICIPATING IN THE CITY'S BOX ART PROGRAM WHEREAS, in 2010 the City launched the Box Art program as a pilot program to abate graffiti on utility boxes; and
WHEREAS, in March 2015, City Council approved the Utility Box program to become an ongoing temporary art program; and
WHEREAS, in December 2016, Council adopted the City’s first Public Art Master plan which recommended more semi-permanent pieces (i.e. Box Art); and WHEREAS, in April 2019, City Council approved a streamlined process for the implementation of short-term and temporary public art projects, including Box Art; and WHEREAS, in June 2023, City Council adopted the 2023-25 Financial Plan, which reaffirmed the City's Major City Goals of Diversity, Equity and Inclusion as well as Economic Resiliency, Cultural Vitality and Fiscal Sustainability; and WHEREAS, San Luis Obispo Municipal Code 5.01.102 states It shall be unlawful for any person to transact and carry on any business in the city not otherwise exempt without first having procured a business license from the city and complied with all of the applicable provisions of this chapter. (Ord. 1474 § 1 (part), 2005); and WHEREAS, San Luis Obispo Municipal Code Chapter 3.01 imposes a tax upon business carried out in the City in the amount of fifty cents per thousand dollars of gross receipts, as defined in Section 3.01.104; and
WHEREAS, the Finance Director is tasked with enforcement of Chapters 5.01 and
3.01 of the Municipal Code; and
WHEREAS, the City’s Box Art program is intended to increase cultural vitality, celebrate diversity, and honor the local artist community, both new and established, welcoming them into the City’s Public Art program; and
WHEREAS, the cost of business license can be seen as prohibitive for community artists who do not earn a living as professional artists; and WHEREAS, the City is committed to engaging all community artists in the Box Art program, in an inclusive manner; and
Resolution No. _____ (2025 Series) Page 2
R ______
WHEREAS, in order to further the purposes of the Box Art program, the City wishes to exclude the Box Art program from the activities requiring a business license under San Luis Obispo Municipal Code Chapter 5.01, and to exclude the stipend paid to Box Art program artists from “gross receipts” under Municipal Code Chapter 3.01.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Authorization to suspend enforcement. The Finance Director is authorized to suspend enforcement of the requirement that an artist obtain a City business license as a condition of participation in the Box Art program. The Finance Director is also authorized to exclude from “gross receipts,” for the purposes of calculating business tax under San Luis Obispo Municipal Code Chapter 3.01, the stipend paid by the City to an artist under the Box Art program and pursuant to a validly executed contract between the City and the artist.
Upon motion of ______________, seconded by ______________, 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
Public Art Policy
Utility Box Art Program
1. Goal of Box Art Program: The goal of the “BOX ART” project is to use utility boxes as “canvases” for original pieces of art as well as to contribute to the vitality and attractiveness of the city, while deterring graffiti.
2. Box Specification: Dimensions of the large utility boxes are generally 5’3” H X 2’8” W x 2’ D. Dimensions of the small utility boxes are generally 2’8” H X 1’8” W x 1’4” D. Art should cover all exposed sides including the top. Utility box size may vary; selected artists must be willing to adjust designs to the box assigned.
3. Duration of Box Art: Utility Box Art shall be on public display for a recommended period of five (5 years) when the utility box would be eligible for selection of a new design or reverted back to the standard utility/traffic control box color.
4. Utility Box Art Phases: Each Phase of Utility Box Art will consist of a recommended amount of utility boxes; preferring sixteen utility box locations or less. These utility/traffic control box locations will be determined by Public Works and Public Art program staff.
5. Artist Eligibility: The competition shall be open to individual artists, a team of artists or community groups with a designated lead artist who have the vision and skills required completing the project to the highest standards of innovation and technical expertise.
Qualifying applicants must reside in San Luis Obispo County. Artists should carefully read the description of the project and Request for Proposals and decide if the project is suitable to their interests, capabilities and experience.
6. Public Works Department Review: Prior to beginning the jury review, the Public Art Manager arranges for the project to be reviewed by appropriate staff in the Public Works Department. The purpose of this review is to uncover any significant engineering or maintenance issues that may arise out of the placement of art or the choice of materials for the artwork for the particular site. If the artwork is part of a larger construction project, it may be valuable to have the project contractor present, as well. This information will be presented to the jury to help guide their decisions when selecting a piece.
7. Selecting an Art Jury: Art juries evaluate the qualifications received and make a final selection to proceed through the remainder of the approval process. The preferred approach is to create a five/seven member jury for a project. A neighbor or representative for each of the affected neighborhoods for utility boxes will be selected for an Art Jury. Art Jury names shall be included in the staff reports.
8. The Jury Selection Process: Box Art Applications submitted in response to this RFQ will be reviewed by the Public Art Manager who will then forward all complete and eligible
applications received by the deadline to the selection committee (jury) consisting of: San Luis Obispo County Arts Council member(s), local artist(s), interested community members, City staff and a neighbor(s). Upon evaluating the qualifications provided in the applications, the jury will select artist designs totaling the amount of utility/traffic control boxes within a phase.
9. Evaluation Group: Once the pilot program parameters have been developed, the Public Art Manager solicits evaluation from Public Works staff and local art organizations, such as Arts Obispo and the Downtown Association Design Committee, to judge the merits of the artists’ proposal. The jury will review all complete, eligible applications received by the Deadline. If the number of qualifying applications does not meet the number needed; City staff and/or the Council may decide to reopen the selection process.
Criteria used to select artists will be:
a. Evaluation of artistic excellence
b. Appropriateness of scale, form, content and design
c. Relationship to the social, cultural and/or historical identity d. Experience in working on comparable projects
e. Artists (or lead artist of a team) must reside in San Luis Obispo county
10. Evaluation Criteria: The standard Guidelines for Public Art (Appendix B) will apply in making a determination that the proposed project is acceptable to the City and should move forward in the selection and approval process. Box art designs and locations, as recommended by the Art Jury, shall be reviewed by the Cultural Heritage Committee for consistency with historical context of the surrounding area and the Architectural Review Commission to ensure the design meets the adopted Guidelines for Public Art. (Appendix B). Designs that do not garner the support of Advisory Bodies will not proceed, unless appealed to City Council pursuant to Municipal Code Section 1.20. Staff shall present the final recommended designs and locations to the City Council for final approval.
11. Artist Selection and contract: The City’s public art manager shall enter into a public art contract agreement with the selected artists for the installation of utility box art. The Utility Box Art Artist Agreement is provided as Appendix O.
12. Artists’ stipend: Large utility box is $1,500; small utility box is $700. In addition, artists may apply for a supply voucher for up to $200 (original receipts are required). The budgeted amount is all-inclusive and must cover every cost incurred by the artist in the course of designing and installing the artwork. The final selected artists will also receive a $100 honorarium for their conceptual renderings; those works will become property of the City of San Luis Obispo.
13. Media and Materials Guidelines: Artwork must be original and may not contain advertising, religious art, sexual or illegal drug-related content, negative imagery or convey political partisanship. Vinyl wraps of “digitally enhanced works” are permitted.
Artists must use the following materials:
a. Paint Types require premium high solids 100% acrylic latex waterborne exterior wall and trim.
b. Paint; low-sheen, eggshell or satin finish; minimum 1.5 mil dry thickness per coat.
c. Paint Products (in recommended order):
1. Nova Color (preferred)
2. Sherwin Williams: Accolade Exterior Acrylic Latex, Satin
3. Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell
4. Benjamin Moore: Aura Exterior Acrylic Latex #634 Low Luster
5. Frazee #126 Mirror Glide Low Sheen Acrylic Latex
6. Kelly Moore #1245 Acry-Shield Acrylic Latex Low Sheen.
14. Permitting: Artists are required to obtain a no-cost encroachment permit through the City’s Community Development Department.
15. Maintenance, Repairs, Modification of Utility/Traffic Control Boxes: The Public Works Department is responsible for maintaining City facilities, and this includes all City owned or City-sponsored public art. The City reserves the right to modify or remove artwork should a utility/traffic control box require maintenance, modifications or repairs as a result of unanticipated damages. Should this occur, the City shall convert the utility/traffic control box back to its original state and color. The artist would then be provided with the first option of participating in the subsequent round of Box Art.
Adopted by City Council as amended February 3, 2015
RFP –SLO 2024 BOX ART PROGRAM
Deadline to Apply: June 10, 2024, at 5:00 p.m. PST.
City of San Luis Obispo
Public Art Program
Request for Proposals
2024 BOX ART PROGRAM
PROJECT OVERVIEW
The City of San Luis Obispo invites local artists and community members to apply for the 2024 SLO Box Art Program. Priority will be given to residents of San Luis Obispo County.
Project Description: Box Art Program
In 2010 the City of SLO Public Art Program embarked on a journey to beautify the community through the painting of street utility boxes. Initially conceived as a highly successful graffiti abatement measure, widespread popularity enabled the program to grow, and more utility boxes were painted and added to the Box Art Program in 2012, then again in 2016, 2017 and 2018. To date, there are 65 painted utility boxes throughout the community serving as “canvases” for original art pieces painted by local artists, residents, students, and community members of all ages. The SLO Box Art program contributes to the vitality and attractiveness of our community while deterring graffiti and adding to the “curb appeal.” SLO Box Art is a streetscape showcase for talented local artists and community members to transform standard utility boxes into new public artworks, adding to the vibrancy of our cityscape while creating a sense of place and identity. The Box Art program is a great opportunity for “SLOcals” to add their personal touches to the City’s public art collection.
The City is looking for artworks that tell stories, celebrate the rich history of the region and the natural environment, or envision the future of our urban spaces. The goal is to turn these mundane structures into sources of pride and beauty that resonate with the community's diverse identity and values.
The City is soliciting proposals to design art for vinyl wraps to cover 10, currently empty, utility boxes. (See Exhibit C3)
RFP –SLO 2024 BOX ART PROGRAM
Deadline to Apply: June 10, 2024, at 5:00 p.m. PST.
Dimensions of the large utility boxes are generally 5’5” H X 2’9” W x 2’ D. Dimensions of the small utility boxes are generally 3’ H X 2’2” W x 1’6” D. Art should cover all exposed sides including the top. Utility box size may vary; selected artists must be willing to adjust designs to the box assigned. It is recommended that artists should perform a site visit if they are interested in a particular location. (While specific locations can be requested on the artist application; they are not guaranteed. Locations will be determined at the discretion of the City.)
Artists may submit up to three (3) design proposals. (Box Art Templates Provided as Exhibits C1 and C2) Vinyl Wraps will be installed in July 2024 (*Final Dates TBD).
ARTIST ELIGIBILITY
The 2024 Box Art competition is open to individual artists, a team of artists or community members or groups with a designated lead artist who have the vision and skills required to complete the project to the highest standards of innovation and technical expertise. Qualifying applicants must reside in San Luis Obispo County. Artists should carefully read the descriptions of the project and decide if the project is suitable to their interests, capabilities, and experience.
PROJECT BUDGETS
2024 Utility “BOX ART” Program
Box Artists (or Art Team) selected for the 2024 Utility Box Art Program will receive an $800 stipend for their conceptual renderings; those works will become property of the City of San Luis Obispo. All payments will be made in one lump sum upon completion of the final installation of the Box Art wrap.
Artist Collen Gnos Artists Marcie Hawthorne
& Julie Frankel
RFP –SLO 2024 BOX ART PROGRAM
Deadline to Apply: June 10, 2024, at 5:00 p.m. PST.
MEDIA AND MATERIALS GUIDELINES
❑ Artwork must be original and may not contain advertising, infringe upon a trademark, patent, or copyright, contain religious art, sexual or illegal drug content, negative imagery, convey political partisanship, contain any representations of traffic lights, signs, or signals or contain reflective material, mirrors or cause a glare. ❑ Artwork must not denigrate a specific group based on ethnicity, national origin, age, disability, religion, gender, or sexual orientation or denigrate the military, law enforcement, fire rescue, government services, public officials, animals, or any creature protected under the Federal Endangered Species Act. ❑ Artwork must not depict any person, alive or deceased. ❑ Only vinyl wraps of original works of art are permitted for the 2024 Box Art Program. ❑ Artists must adhere to the following specifications for digitizing art for the vinyl wraps:
o Photos of artwork must be a minimum of 150 dpi.
o If using a vector design, be sure all fonts and shapes are expandable. o All files should be in an editable format and/or vector format. AI, PSD, and PDF files are acceptable for artwork.
❑ Dimensions may vary:
o Utility box size may vary; selected artists must be willing to adjust designs to the box assigned, if necessary.
SELECTION PROCESS AND CRITERIA
Applications submitted in response to this Request for Proposals will be reviewed by City staff and a selection committee (Art Jury) consisting of: San Luis Obispo County Arts Council member(s), local artist(s), interested community members, Downtown Association, SLO Chamber of Commerce, business owner(s) and neighbors to the proposed public art. The Art Jury will review all complete, eligible applications received by the deadline.
If the number of qualifying applications does not meet the number needed; City staff and/or the Council may decide to reopen the selection process.
Criteria used to select artists will be:
❑ Evaluation of artistic excellence and originality.
❑ Appropriateness of scale, form, content, and design.
❑ Relationship to the social, cultural and/or historical identity. ❑ Experience in working on comparable projects.
❑ Artists (or lead artist of a team) must reside in San Luis Obispo County.
The City will prioritize a diverse representation of local artist applicants and may choose one artist’s designs for multiple utility boxes; however, also reserves the right to refuse all entries.
Selected artwork must meet the City of San Luis Obispo Public Art Guidelines and receive final approval by the Community Development Director.
RFP –SLO 2024 BOX ART PROGRAM
Deadline to Apply: June 10, 2024, at 5:00 p.m. PST.
TENTATIVE SCHEDULE
❑ RFP/Call-For-Artists Release May 6, 2024
❑ Application Deadline June 10, 2024, 5:00pm PST
❑ Public Works Review (week of) June 17, 2024
❑ Art Jury Review & Selection July 10, 2024*
❑ Community Development Director approval (week of) July 15, 2024 ❑ Artist selection announced (week of) July 22, 2024*
❑ Installation of Artwork for “BOX ART” Project (weeks of) July 22 – Aug. 2, 2024* *The proposed schedule may be subject to change
APPLICATION PROCESS
TO APPLY:
The City of San Luis Obispo encourages the use of recycled and tree-free products. To that end, we ask that submissions be in as paperless a manner as possible, therefore, submissions MUST be submitted electronically via email to: [email protected]
The subject line for submissions should read: “Firstname_Lastname_BOXART” Applications may not be combined. See below for labeling of materials.
Individual artists and each artist on teams wishing to be considered must submit the following materials:
1. Application (Exhibit A)
Completed application listing artist name, contact information of artist/artist team and all information requested, and selection of the 2024 Box Art Program. (Exhibit A) Submitted in .pdf format; titled Firstname_Lastname_app_project_name
2. A Professional Résumé
Each applicant shall submit a professional résumé including information regarding past public art commissions, design team experience, exhibitions and installations, awards, grants, and education (up to two pages). Teams must submit a separate résumé for each member of the team.
Handwritten materials will not be reviewed.
Submitted in .doc or .pdf format; titled Firstname_Lastname_resume
3. Submittal of References (Exhibit B)
Each applicant shall submit the names of two references on the form provided in the application package. (Exhibit B) Do not send letters of recommendation. Please ensure information for references is current; inaccurate information may delay the selection process. Teams must submit separate references for each member of the team.
Submitted in .doc or .pdf format; titled Firstname_Lastname_ref
RFP –SLO 2024 BOX ART PROGRAM
Deadline to Apply: June 10, 2024, at 5:00 p.m. PST.
4. Digital Images of Prior Work
Up to five (5) images of past work that represent relevant artworks. 5 image maximum is per application, not per team member. Images can be submitted in one of the following formats:
a. Provide a URL for a website that contains the number and type of images outlined above. (URL should be noted on application page)
b. Provide a PowerPoint File – one image per slide; in the notes section of each slide include:
artist’s name, title and/or location or work, medium, date work completed and dimensions.
Submitted in .ppt or .pdf format; titled Firstname_Lastname_images
5. Conceptual Rendering(s) (Exhibits C1 and C2)
Each applicant can submit up to 3 conceptual renderings using the templates provided (Exhibits C1 Large Utility Box Template and C2 Small Utility Box Template). Renderings must be in full color on the provided templates and depict the finished artwork as accurately as possible. Artists that are selected will be compensated $800 for their renderings and final designs once those artworks are completed and become property of the City of San Luis Obispo.
Submitted in .ai, .psd, or .pdf format; titled Firstname_Lastname_design
DO NOT SUBMIT PROPOSALS, DRAWINGS, MODELS, MEDIUM SAMPLES,
ORIGINAL WORKS OF ART, BOOKS, CATALOGUES, OR ANY OTHER MATERIALS IN LIEU OF, OR IN ADDITION TO, THE REQUIREMENTS LISTED ABOVE.
UNSOLICITED MATERIALS WILL NOT BE REVIEWED BY THE ART JURY AND WILL NOT BE RETURNED.
SUBMISSION AND DEADLINE
❑ Artists may submit ONLY one (1) application for each of the “2024 Box Art”. ❑ Artists may submit up to three (3) conceptual renderings per project - using the templates provided. ❑ All application materials must be received no later than 5:00 p.m. PST on Monday, June 10, 2024.
Incomplete or late submittals will not be considered.
❑ The City is not obligated to notify applicants when applications (complete or incomplete) are received.
LEGAL AND INSURANCE REQUIREMENTS
Artists that are awarded contracts for the 2024 Box Art Program will be required to comply with the City’s insurance and liability requirements. Insurance requirements will be provided to selected artists in advance of work.
QUESTIONS?
Any questions stemming from the review of this application must be addressed to:
Amanda Grieshop via e-mail: [email protected]
RFP –SLO 2024 BOX ART PROGRAM
Deadline to Apply: June 10, 2024, at 5:00 p.m. PST.
Additional copies of this application may be found on the City’s public art website at https://www.slocity.org/government/department-directory/parks-and-recreation/public-art.
To learn more about the public art program and art collection, visit our website: https://www.slocity.org/government/department-directory/parks-and-recreation/public-art Please read the application directions carefully. INCOMPLETE OR LATE APPLICATIONS WILL NOT BE REVIEWED. The deadline for receipt of applications for the projects described herein is Monday, June 10, 2024 at 5:00 PST. Applications received after 5:00 p.m. will not be accepted.
CITY OF SAN LUIS OBISPO
2018 BOX ART PROJECT
ARTIST AGREEMENT
This AGREEMENT is made and entered into between the CITY of San Luis Obispo (hereinafter referred to as “CITY”) and ____________________ selected to participate in the “2018 BOX ART” Project (hereinafter referred to as “ARTIST”).
1. Selected ARTISTS for the Box Art Program must use the following paint type and paint products as recommended by the CITY’S public art policy which are the following:
a. PAINT TYPE: premium high solids 100% acrylic latex waterborne exterior wall and trim paint; low-sheen, eggshell or satin finish; minimum 1.5 mil dry thickness per coat. b. PAINT PRODUCTS (in recommended order):
▪ Nova Color (available wholesale at www.novacolorpaint.com) ▪ Sherwin Williams: Accolade Exterior Acrylic Latex, Satin ▪ Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell ▪ Benjamin Moore: Aura Exterior Acrylic Latex #634 Low Lustre ▪ Frazee #126 Mirro Glide Low Sheen Acrylic Latex
▪ Kelly Moore #1245 Acry-Shield Acrylic Latex Low Sheen c. TOP COAT: Polyurethane top coat (marine grade) to be applied on top of the completed artwork to serve a sacrificial layer
2. ARTIST will purchase the needed paint and supplies, including paintbrushes, paint rollers, rolling pans, drop cloth, masking tape, latex gloves, and cups for blending/mixing paint. ARTIST must provide his/her own additional supplies if needed.
3. The CITY will have the utility boxes cleaned, prepped and primed prior to painting, as well as sealed with an anti-graffiti, UV protectant coating upon completion.
4. ARTIST will paint the utility box assigned to them by the CITY. Painting of the box must be started on August 3, 2018 and must be completed no later than August 20, 2018.
5. Painting may only occur during the hours of 7 a.m. to 7 p.m. A minimum sidewalk clearance of four feet must be adhered to at all times.
6. Artwork submitted for jury review may need to be adjusted to fit the size and orientation of the assigned utility box.
However, changes to artwork must be minor and may not include changes to color or content. Upon completion, if changes to the artwork are deemed to be major; the agreement will be terminated and payment to the ARTIST will not be remitted.
7. Artwork must include all visible sides of the utility box including the top.
8. The ARTIST shall attend a public works orientation. During the orientation, public works staff will identify electronics, equipment, and other facilities on the exterior of the cabinet which shall not be painted, including:
▪ official plaques, stickers, or identification numbers ▪ keyholes or keyhole covers so they cannot be opened
▪ windows, vents, or viewing ports
9. If any component of the CITY’s traffic signal systems is damaged as a result of the ARTISTs work, the ARTIST shall arrange for a licensed contractor to repair the damage at the ARTIST’s sole expense.
10. The ARTIST shall provide for CITY maintenance, operations, and emergency access to their respective utility box at all times.
11. ARTIST recognition via signature on the utility box may be no larger that 3”x5”
12. The completed artwork will be the property of the CITY, which retains the right to remove, modify, or replace the utility box, components of the utility box, or the artwork if necessary without compensation to ARTIST.
13. The CITY may use images of the artwork for promotional purposes.
CITY OF SAN LUIS OBISPO
2018 BOX ART PROJECT
ARTIST AGREEMENT
14. Artwork may not contain advertising, religious art, sexual content, negative imagery, illegal drug content, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature.
15. Artwork may not include any breach of intellectual property, trademarks, brands, images of illegal activity or involve the attachment of any object(s) to the box.
16. If utility/traffic control box requires modification or repairs, the CITY reserves the right to repair, remove, modify the affect utility box. Per the Public Art Policy for Box Art, the ARTIST shall be given the first-right-of-refusal for repairs or option to participate in the next phase of Utility Box Art.
17. The CITY will pay $1,500 per “large” box, $700 per “small” box to the ARTIST within 30 days upon completion of the utility box. It is the ARTIST’s responsibility to contact the Public Art Manager at the time of completion.
18. The CITY will reimburse the ARTIST for the cost of paint and paint supplies not-to-exceed $200. The ARTIST must complete and submit a reimbursement form within 30 days of completing the artwork. Original receipts must be attached for reimbursement. ARTISTs will receive a reimbursement check within 30 days of submitting a reimbursement form.
19. ARTISTs shall defend, indemnify, protect and hold harmless the CITY, or their elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the ARTIST, and ARTIST’s employees, subcontractors or other persons, agencies or firms for whom ARTIST is legally responsible in connection with the execution of the work covered by this Agreement. ARTIST shall have no duty to indemnify or hold harmless the CITY if claims, damages, liability, costs and expenses (including without limitations, attorneys’ fees) arise from the sole negligence or sole willful misconduct of the CITY subsequent declaration by the ARTIST. ARTIST’s obligations shall survive the termination of this Agreement.
20. To protect the CITY, ARTIST shall execute a Release from Liability before participating in the “2018 BOX ART Project”.
21. The ARTIST (ARTIST’s agents, employees or representatives) are for all purposes under this agreement, an independent contractor and shall not be deemed to be an employee of the CITY, and none of them shall be entitled to any benefits to which CITY employees are entitled including but not limited to, overtime, retirement benefits, worker’s compensation benefits, injury leave or other leave benefits.
22. The CITY may terminate this Agreement at any time and for any reason. If the Agreement is terminated by the CITY after the painting of a utility box has commenced, ARTIST shall be entitled to reasonable compensation for work performed todate, minus any offset representing the CITY’s damages should termination result from ARTIST’s breach of contract.
ARTIST hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein.
___________________________________________ ______________________________ Lindsey Stephenson Date
Public Art Program, City of San Luis Obispo
____________________________________________ ______________________________ ARTIST - PRINT NAME ARTIST – SIGNATURE
_______________________________
Date
5.01.101
5.01.102
5.01.103
5.01.104
5.01.105
5.01.106
5.01.201
5.01.301
5.01.302
5.01.401
5.01.402
5.01.403
5.01.404
5.01.405
5.01.501
5.01.502
5.01.503
5.01.504
5.01.505
5.01.506
5.01.507
Chapter 5.01
BUSINESS LICENSE PROGRAM
Sections:
Article I. General Provisions
Purpose.
Business license required.
Definitions.
Illegal occupations.
Planning and building regulations.
Exemptions.
Article II. Fees
Fees for initial applications and renewals.
Article III. Application and Renewal
Business license initial applications.
Business license renewals.
Article IV. Business License Issuance
Content.
Posting and keeping.
Duplicates.
Branch establishments.
Change of location.
Article V. Administration
Finance director adjustment powers.
Debt to city.
Delinquencies and penalties.
Enforcement.
Evidence of doing business.
Remedies cumulative.
Revocation of issued or renewed license.
Your Selections | San Luis Obispo Municipal Code Page 1 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024.
Article I. General Provisions
5.01.101 Purpose.
The purpose of the city’s business license regulations is to provide for necessary regulation of lawful businesses being conducted within the city in the interest of the public health, safety and welfare of the people of the city.
While due diligence will be exercised in reasonably assuring compliance with all city policies, regulations and ordinances before issuing a business license, the primary focus of the city’s business license regulations is to provide reasonable assurance that businesses operating in the city are doing so in compliance with the city’s planning and building policies, regulations and ordinances; in compliance with the city’s business tax provisions as set forth in Chapter 3.01; and in compliance with the city’s storm water quality ordinance, set forth in Chapter
12.08. (Ord. 1543 § 3, 2010: Ord. 1474 § 1 (part), 2005)
5.01.102 Business license required.
It shall be unlawful for any person to transact and carry on any business in the city not otherwise exempt without first having procured a business license from the city and complied with all of the applicable provisions of this chapter. (Ord. 1474 § 1 (part), 2005)
5.01.103 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
A. “Business” shall mean and include professions, trades, vocations, rentals, leases, enterprises, establishments and occupations, and all and every kind of calling, any of which is conducted for the purpose of earning in whole, or in part, a profit or livelihood, whether or not a profit or a livelihood actually is earned thereby, whether paid in money, goods, labor or otherwise, and whether or not the business has a fixed place of business in the city.
B. “Finance director” shall mean the individual designated by the city administrative officer to issue business licenses pursuant to the provisions of this chapter. The finance director may designate others to perform these duties on her or his behalf.
C. “Person” shall mean and include all domestic and foreign corporations, associations, syndicates, joint-stock corporations, partnerships of every kind, clubs, Massachusetts trust, business and other common law trusts, societies and individuals transacting and carrying on any business in the city, other than an employee.
D. “Sworn statement” shall mean an affidavit sworn to before a person authorized to take oaths or a declaration or certification made under the penalty of perjury. (Ord. 1474 § 1 (part), 2005) Your Selections | San Luis Obispo Municipal Code Page 2 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024.
5.01.104 Illegal occupations.
A business license issued pursuant to this chapter does not authorize, permit or allow the license holder to do any act or conduct any business of any kind which is otherwise prohibited by city policies, regulations or ordinances; or any state or federal statute, law, rule, order or regulation. (Ord. 1474 § 1 (part), 2005)
5.01.105 Planning and building regulations.
Before issuing a business license, the finance director shall exercise due diligence in providing reasonable assurance that the business is in compliance with city planning and building policies, regulations and ordinances.
This will include establishing procedures as needed to ensure appropriate review by staff in the city’s department of community development before issuing or renewing business licenses. (Ord. 1474 § 1 (part), 2005)
5.01.106 Exemptions.
The following persons and organizations are exempt from the provisions of this chapter:
A. Minors Under the Age of Eighteen. Businesses owned and conducted by minors under the age of eighteen years shall be exempt from the business license provisions of this chapter where all of the following conditions exist and legal documentation is provided to support that:
1. All persons engaged in the operation of the business are under the age of eighteen years.
2. All persons engaged in the operation of the business have a bona fide ownership interest in the business.
B. Charitable, Religious and Nonprofit Organizations. The provisions of this chapter shall not be deemed or construed to require the issuance of a business license to conduct, manage or carry on any business, occupation or activity of any institution or organization recognized by a tax board of the state with a “Statement of Domestic Nonprofit Organization” or the Internal Revenue Service of the United States, which is conducted wholly for the benefit of charitable, religious or nonprofit purposes, and from which profit is not derived, either directly or indirectly, by any person.
The exemption provisions of this section shall not be construed to extend to any person, business, corporation, or organization receiving a fee, wage, stipend, salary, remuneration, compensation, or pay for the performance of any business, occupation or activity related to exempt organization activities. Any such person, business, corporation or organization shall be subject to the business license provisions of this chapter and shall obtain a business license prior to any business, occupation or activity being undertaken.
C. Conflicts with Federal and State Laws or Contractual Agreements. The provisions of this chapter shall not be construed to require a person to obtain a business license prior to doing business within the city if such requirement conflicts with the applicable statutes, laws or constitution of the United States or the state of Your Selections | San Luis Obispo Municipal Code Page 3 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024.
California or other contractual obligations or franchise agreements. The finance director may develop administrative guidelines concerning exemptions, apportionment and any other matters which she or he determines as necessary for the lawful and effective implementation of this chapter. (Ord. 1474 § 1 (part), 2005) Article II. Fees
5.01.201 Fees for initial applications and renewals.
Fees for processing applications for initial issuance and renewal of business licenses will be set by resolution of the council. (Ord. 1474 § 1 (part), 2005)
Article III. Application and Renewal
5.01.301 Business license initial applications.
Every person required to have a business license pursuant to the provisions of this chapter shall make a written application to the finance director and submit the following information:
A. The nature or kind of business for which the business license is requested.
B. The place where the business is to be conducted and, if the business is not to be conducted at a permanent location, the residence address, identified as such, of the owners of the business.
C. If the application is made for the issuance of a business license to a person to do business under a fictitious name, the names, social security numbers, and residence addresses of the owners of the business.
D. If the application is made for the issuance of a business license to a corporation or partnership, the names, franchise tax number, and residence addresses of the officers or partners thereof.
E. Any further information that the finance director may require to enable the issuance of the business license.
The finance director will not issue the business license unless the applicant has paid the appropriate fee as required under this chapter as well as the business tax amount due under Chapter 3.01 of the municipal code. (Ord. 1474 § 1 (part), 2005)
Your Selections | San Luis Obispo Municipal Code Page 4 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024.
5.01.302 Business license renewals.
Unless otherwise specifically provided, all business licenses required by the provisions of this chapter shall be renewed on July 1st of each year. Any fees due in order to process the renewal shall be paid by July 31st of each year, and will be delinquent after July 31st.
No renewal of a business license shall be processed or issued until payment in full of all current and delinquent business license fees as well as current and delinquent business tax amounts due under Chapter 3.01 of the Municipal Code, including accrued interest and applicable penalties thereon is received by the city. It shall be the responsibility of the applicant to ensure renewal of the business license. (Ord. 1474 § 1 (part), 2005) Article IV. Business License Issuance
5.01.401 Content.
Each business license shall state upon the face thereof the following:
A. Name of the person to whom the business license is issued.
B. Type of business.
C. Location or address of the business.
D. Date of the expiration of the business license.
E. Possession of the business license does not authorize, permit or allow the person to do any act which such person would not otherwise be lawfully entitled to do. (Ord. 1474 § 1 (part), 2005)
5.01.402 Posting and keeping.
All business licenses issued pursuant to the provisions of this chapter shall be posted and kept in the following manner:
A. Any persons transacting and carrying on business at a fixed location in the city shall keep such business license posted in a conspicuous place upon the premises where such business is carried on.
B. Any persons transacting and carrying on business, but not operating at a fixed location in the city, shall keep such business license upon them at all times while transacting and carrying on such business. (Ord. 1474 § 1 (part), 2005)
Your Selections | San Luis Obispo Municipal Code Page 5 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024.
5.01.403 Duplicates.
A duplicate business license may be issued by the finance director to replace any business license issued pursuant to the provisions of this chapter, which business license has been lost or destroyed, upon the filing of a statement of such fact and the payment of a duplicate fee set by resolution of the council. (Ord. 1474 § 1 (part), 2005)
5.01.404 Branch establishments.
A separate business license shall be issued for each branch establishment or location of business; provided, however, warehouses and distributing plants used in connection with, and incidental to, a business licensed pursuant to the provisions of this chapter shall not be deemed to be separate places of business or branch establishments; and provided, further, any person conducting two or more types of businesses at the same location and under the same management, or at different locations, but which businesses use a single set or integrated set of books and records, may elect to pay only one business tax calculated on all the gross receipts of the businesses, except that a fee set by resolution of the council shall be paid upon issuance for each additional branch or location. (Ord. 1474 § 1 (part), 2005)
5.01.405 Change of location.
No business license issued pursuant to the provisions of this chapter shall be transferable; provided, however, where a business license is issued for a person to transact and carry on a business at a particular place, such person, upon an application therefor and the payment of a fee set by resolution of the council, may have the business license reissued for transacting and carrying on of such business at some other location to which it is to be moved, subject to the same terms and conditions as the original license. (Ord. 1474 § 1 (part), 2005) Article V. Administration
5.01.501 Finance director adjustment powers.
The finance director shall have the power, for good cause shown and documented by the finance director as a permanent record, to:
A. Extend the time for filing any required sworn statement.
B. Waive or reduce any penalties which would otherwise have accrued.
C. Adjust the amount of the business license due.
D. Make refunds or pro-rations of license fees paid. (Ord. 1474 § 1 (part), 2005) Your Selections | San Luis Obispo Municipal Code Page 6 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024.
5.01.502 Debt to city.
The amount of any business license and penalty imposed by the provisions of this chapter shall be deemed a debt to the city. A suit may be brought against any person to enforce the collection of the debt described in this chapter in any court of competent jurisdiction. The conviction of any person for transacting any business without a business license shall not excuse or exempt such person from payment of any license due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution for any violation of the provisions of this chapter. (Ord. 1474 § 1 (part), 2005)
5.01.503 Delinquencies and penalties.
For failure to pay the amount of the business license required by the provisions of this chapter prior to the delinquency date, the finance director shall add a penalty. The amount of this penalty shall be set by resolution of the council. (Ord. 1474 § 1 (part), 2005)
5.01.504 Enforcement.
The finance director and police chief shall enforce the provisions of this chapter as follows:
A. Duties of the Finance Director and Chief of Police. It shall be the duty of the finance director to enforce each and all of the provisions of this chapter, and the chief of police shall render such assistance in such enforcement as may from time to time be required by the finance director.
B. Inspections. The finance director, in the exercise of the duties imposed by the provisions of this chapter, and acting through deputies or duly authorized assistants, shall have the right to enter and examine all places of business free of charge during normal business hours to ascertain whether the provisions of this chapter are being complied with.
C. Penalty for Violation. Any person who violates any provisions of this chapter by transacting and carrying on any business in the city without first having procured a business license from the city or without complying with all of the applicable provisions of this chapter is guilty of an infraction and is subject to punishment as provided for in Chapter 1.12 of the municipal code. (Ord. 1474 § 1 (part), 2005)
5.01.505 Evidence of doing business.
When any person, by the use of a sign, circular, card, telephone book, newspaper, other publication or advertising media, shall advertise, hold out or represent that such person is in business in the city, or when any person holds an active license or permit issued by a government agency indicating that such person is conducting a business in the city, and such person fails to deny, by a sworn statement given to the finance director or designee, that such person is not conducting a business in the city after being requested to do so by the finance director or designee, Your Selections | San Luis Obispo Municipal Code Page 7 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024.
The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: www.slocity.org
City Telephone: (805) 781-7100
Hosted by General Code.
then these facts shall be considered prima facie evidence that such person is conducting a business in the city. (Ord. 1474 § 1 (part), 2005)
5.01.506 Remedies cumulative.
All remedies prescribed by the provisions of this chapter shall be cumulative, and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Ord. 1474 § 1 (part), 2005)
5.01.507 Revocation of issued or renewed license.
The finance director is authorized to revoke any issued business license whenever she or he receives information that would be sufficient grounds to deny issuance of a license under the provisions of this chapter.
A. Notice. The license holder must be informed in writing of the finance director’s intention to revoke the business license at least fifteen calendar days in advance of the proposed effective date of revocation, during which time the holder of the license may contest the proposed revocation before the finance director. The finance director’s notice shall state the reason for the proposed revocation.
B. No Refund of Fees. Upon the revocation of a license as provided in this section, no part of the license fee paid therefor shall be returned.
C. Surrender of License. Whenever a license is revoked, the license holder shall render to the finance director any license document previously issued by the city. (Ord. 1474 § 1 (part), 2005) Your Selections | San Luis Obispo Municipal Code Page 8 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024.
------ For Office Use Only -----
DATE/AMOUNT: ____________________
CLASS/GROUP/CAT: _____________________
BUSINESS NO: ____________________
BUSINESS LICENSE & TAX CERTIFICATE APPLICATION
990 Palm Street - San Luis Obispo, CA 93401– (805) 781-7134 Application for: □ New Business □ Change of Business Name □ Change of Location □ Change of Ownership Business Name________________________________________________________________________ Phone________________________ Email_______________________________ Website__________________________________________ Ownership Type: □ Corporation □ Partnership □ Sole Proprietor □ Employee Owned □ Trust □ Other_____________ Business Location _______________________________ Suite No._______ City ________________________ State_____ Zip_________ PO Box addresses cannot be accepted as business locations – If your business is located in San Luis Obispo, please complete the last page of this application.
Location Type: □ Commercial □ Home Occupation □ Industrial □ Residential Mailing Address ________________________________ Suite No._______ City ________________________ State______ Zip_________ Owner/Contact Name _______________________________________________________________________________________________ Federal Employer/Social Security No. ______________________________ State Sales Tax No. _________________________________ State Franchise No. ______________________________________ Business Open Date ________________________________________ NAICS Coding: Please check the category(ies) that best describe your business activity. □ Retail Trade (44-45)
□ Accommodation or Food Services
(72)
□ Professional, Scientific or Technical
Services (54)
□ Management of Companies &
Enterprises (55)
□ Health Care or Social Assistance (62)
□ Construction (23)
□ Manufacturing (31-33)
□ Wholesale Trade (42)
□ Transport or Warehouse (48-49)
□ Information (51)
□ Finance or Insurance (52)
□ Real Estate, Rental or Leasing (53)
□ Educational Services (61)
□ Arts, Entertainment or Recreation
(71)
□ Administrative, Support, Waste
Management or Remediation
Services (56)
□ Agriculture (11)
□ Utilities (22)
□ Other Services (except Public
Administration) (81)
□ Public Administration (92)
□ Other ________________________
Please provide a detailed description of the nature of your business, including products or services offered. ___________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________ □ Tobacco □ Massage Therapy □ Filming □ Sales on Streets & Sidewalks □ Soliciting Are you doing business from your home? □ Yes □ No
Applicant / Representative: I reviewed this application and the information is accurate to the best of my knowledge. I understand the issuance of a business license & tax certificate does not constitute proof of compliance with other city, county, state, and federal regulations. I declare under penalty of perjury that the foregoing is true and correct.
Signed ___________________________________________ Title______________________ Date______________________ ORIGINAL – Finance WHITE – Planning CANARY – Utilities PINK - Customer Are you a business that is regulated by the NPDES Storm Water Industrial General Permit? _____ If yes, please provide the SIC # ______ and one of the following: WDID #, WDID Application #, NEC #, NONA# ______ Are you selling or offering the following services or products?:
FINANCE & IT DEPARTMENT
Please send remittance to: 990 Palm Street, San Luis Obispo, CA 93401-3249 The Finance Dept. is open for walk in services from 8:00 a.m. to 4:00 p.m. Monday through Thursday (except holidays).
Have a question? Phone us at: (805) 781-7134 Email us at: [email protected] Fax us at: (805) 781-7401 Telecommunications Device for the Deaf: (805) 781-7410
For information about the City, or to complete a business tax application, visit our Website at: www.slocity.org The business tax certificate must be renewed annually by July 31st or the business owner will be considered in violation of the City’s Municipal Code and penalties will be assessed. Additionally, late charges of 1.5% of the outstanding balance or $15 (whichever is greater) will apply to all account balances when payment is not received within 30 days and will be reassessed each 30 days thereafter when a balance remains outstanding. All returned checks will be assessed a service charge and the certificate will be nullified.
ZONING & BUILDING CLEARANCE
(For Businesses within the city limits of San Luis Obispo) Your Business License/Tax Certificate will not be processed until your business location has been approved.
Please contact the COMMUNITY DEVELOPMENT DEPARTMENT at (805) 781-7170, or visit us at 919 Palm Street, for assistance in filling out this form. Our office is open for walk in services from 9 a.m. to 12 p.m. Tuesday & Thursday and 1 p.m. to 4 p.m. Monday & Wednesday (except holidays).
Business Name: Business Address:
Previous Business Name: Previous Address:
Contact Name: Daytime Phone:
IF ONLY THE BUSINESS NAME OR OWNERSHIP HAS CHANGED, YOU MAY STOP HERE.
FOR ALL OTHER CHANGES, PLEASE COMPLETELY FILL OUT THIS FORM.
Former Tenant: Describe Adjacent Tenants:
Extent of alterations/tenant improvements planned:
Is your business located on: Ground Floor Upper Floor Are you sharing space with another existing business? Yes No If yes, with whom? Are you operating as an independent contractor leasing space at an existing business? Yes No If yes, with what business?
Approx. floor area occupied by your business: sq. ft. Area devoted to outdoor storage: sq. ft.
Total number of off-street parking spaces provided exclusively for the business*:
* If the business shares off-street parking with another business, please provide a running total of the site’s parking requirements (maintained by the property owner).
Estimated number of employees: Full-time: Part-time:
Extent of customer visitation:
Will your business create any nuisance (i.e. noise, odors, or waste products)? Yes No If yes, what kind?
STAFF USE ONLY
What zone is this business in? Occupancy Class:
Total number of off-street parking spaces required by the City:
Zoning Regulations Classification:
Is this business allowed in this zone? Yes, permit not required. Yes, with a permit.
Date Approved: _________________________
Approved By:
(Planning) (Date) (Building) (Date)
Notes to file:
If your business is located within the city limits of San Luis Obispo, please complete the last page of this application.
Your application cannot be processed without this information. Page 240 of 565 Purchase Order #XXXXXX
Purchase Order Terms and Conditions
1. Acceptance.
By delivering the ordered goods or commencing performance under this Order, the Artist agrees to the specifications, terms and conditions in or referenced by this document (collectively, the "Order"). The Artist's additional or different terms and conditions are expressly excluded from this Order and the City of San Luis Obispo ("City") does not agree to such terms or conditions, unless such agreement is made expressly, in writing by the City's authorized representative.
2. Business Tax.
Artists aged 18 years and older, must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134.
3. Ability to Perform.
Artist warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations.
4. Warranties.
Artist warrants that all goods delivered will be free from defects in workmanship, material and manufacture; are new (not refurbished or reconditioned) unless otherwise stated in this Order; are of merchantable quality and fit for the purpose intended by the City to the extent that purpose has been disclosed to the Artist; complies with the requirements of this Order; and complies with all applicable laws and regulations. The Artist also warrants that all services performed under this Order shall be rendered in a good and workmanlike manner by skilled personnel in compliance with all applicable laws and regulations.
5. Changes.
No change or modification in terms may be made without express authorization, in writing by the City's authorized representative.
6. Delivery.
The Artist agrees that time is of the essence to delivery and any other performance required under this Order. No charge for delivery, parcel post, packing, cartage, insurance, license fees, permits, or any other purpose will be paid by the City unless it is expressly included on the face of this Order. The Artist must arrange for the lowest- cost transportation and prepay and add freight to its invoice. If delivery is made by a carrier, an itemized delivery ticket must be attached to the outside of the package. Each container or package must be marked with the Order number.
7. Laws to be Observed.
The Artist 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.
Purchase Order #XXXXXX
8. Payment of Taxes.
The contract prices shall include full compensation for all taxes that the Artist may be required to pay.
9. Permits and Licenses.
The Artist shall procure all required permits and licenses, pay all charges and fees, and give all notices necessary.
10. Immigration Act of 1986.
The Artist warrants on behalf of itself and all sub-Vendors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
11. Artist Non-Discrimination.
In the performance of this work, the Artist agrees that it will not engage in, nor permit such sub-Vendors 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.
12. Work Delays.
Should the Artist be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Artist.
13. Payment Terms.
The City shall pay to the artist a stipend of $800 is upon the City’s acceptance of the artist’s final conceptual rendering.
14. Inspection.
The Artist shall furnish City with every reasonable opportunity for City to ascertain that the services of the Artist 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 the Artist of any of its obligations to fulfill its contract requirements.
15. Audit.
The City shall have the option of inspecting and/or auditing all records and other written materials used by the Artist in preparing its invoices to City as a condition precedent to any payment to the Artist.
Purchase Order #XXXXXX
16. Interests of the Artist.
The Artist covenants that it presently has no interest and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. The Artist further covenants that, in the performance of this work, no sub-Vendor or person having such an interest shall be employed. The Artist 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 Artist shall at all times be deemed an independent Vendor and not an agent or employee of the City.
17. Hold Harmless and Indemnification.
The Artist agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Artist’s employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Artist, and its agents, officers or employees, in the performance of all obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that the Artist’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees.
18. Contract Assignment.
The Artist shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City.
19. Termination.
The City may terminate all or part of this Order for any or no reason at any time by giving notice to the Artist. Should the City terminate this Order for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Order. For termination of any services pursuant to this Order, the City's liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Order.
Upon termination notice from the City, the Artist must, unless otherwise directed, cease work and follow the City's directions as to work in progress and finished goods.
20. Ownership of Materials.
The Artist warrants that, prior to transfer of the work to the City, the Artist was the sole owner of any copyright, propriety and/or other intellectual property interests in the work and has the authority to convey all such rights thereto. The Artist irrevocably assigns and grants to the City all right, title, copyright, propriety interests, and any intellectual property interests in and to the work in perpetuity. All original drawings, plan documents and other materials prepared by or in possession of the Artist as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand. The Artist waives, releases, and disclaims any and all rights, demands, or claims against the City for City’s use or duplication of the work, including but not limited to
Purchase Order #XXXXXX
City’s use of all or part of the work for commercial or marketing purposes. As the sole owner of the work, the City has the absolute right to determine the manner, scope, and duration of use of the work, and to modify the work, without seeking permissions or approval from the Artist.
21. Waiver of moral rights:
The Artist waives, releases, and disclaims any and all rights, demands or claims as may arise at any time against the City that the Vendor may have with respect to the work produced under the terms of this this Order arising under the federal Visual Artists Rights Act of 1990 (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.) The City has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the work, without seeking permission or approval from Vendor.
22. Release of Reports and Information.
Any reports, information, data, or other material given to, prepared by or assembled by the Artist as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by the Artist without the prior written approval of the City.
23. Copies of Reports and Information.
If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Artist is required to furnish in limited quantities as part of the work or services under these specifications, the Artist shall provide such additional copies as are requested, and City shall compensate the Artist for the costs of duplicating of such copies at the Artist’s direct expense.
24. Entirety of compensation:
The Artist agrees that payment provided by this Order shall be full compensation for work performed and services rendered, for all supervision, labor, supplies, materials, equipment or use thereof, taxes, and for all other necessary incidentals. Vendor waives any and all future claims for additional compensation in any form and under any circumstances.
25. Recognition of artist:
The City agrees to recognize the Artist on the City’s website as the creator of the work on the City’s social media accounts for the duration of the City’s use of the Artist’s work. The Artist will be identified as “Artist’s Name here, Artist”.
Item 5g
Department: Police
Cost Center: 8001
For Agenda of: 3/4/2025
Placement: Consent
Estimated Time: N/A
FROM: Rick Scott, Police Chief
Prepared By: Brian Amoroso, Deputy Chief
SUBJECT: AUTHORIZATION TO PURCHASE A GRANT FUNDED ELECTRIC
POLICE MOTORCYCLE
RECOMMENDATION
Authorize the Police Department, working in conjunction with Public Work’s Fleet Division, to purchase an electric police motorcycle as a fleet addition, using funds from the Office of Traffic Safety Grant.
POLICY CONTEXT
On June 4, 20204, Council authorized staff to submit a grant application to the Office of Traffic Safety Grant for FY 2024-2025 in the amount of $185,100. These funds are used throughout the year to conduct enforcement activities that enhance traffic safety, including saturation patrols, DUI checkpoints, and purchasing related equipment to assist the police department in achieving traffic safety goals.
DISCUSSION
Background
The California Office of Traffic Safety (OTS) provides grant funding to agencies each year aimed to prevent deaths and injuries on roadways through special enforcement and public awareness efforts. Grant funds help the City’s efforts to improve traffic safety and quality of life in the community.
The department has been awarded funding from the Office of Traffic Safety for over twenty years. OTS grant funding has enabled the police department to conduct numerous operations specifically focused on alcohol or drug impaired drivers. For FY 2024-25, an application was submitted for grant funding in the amount of $185,100 and approved by OTS (Attachment A).
One of the items requested in the grant application was the purchase of an electric patrol motorcycle to replace an older existing motorcycle. Although this replacement was initially approved by OTS, the grant included a stipulation that the motorcycle be manufactured in the United States.
Item 5g
Based upon police department staff testing and analysis, Zero Motorcycles is the only company that manufactures viable patrol capable police motorcycles. They do make a large electric motorcycle that would be a sufficient replacement for an existing gasoline motorcycle, but they are no longer manufactured in the United States. This prevents the use of OTS grants funds to complete the purchase.
Zero also makes a smaller electric motorcycle, the FXP (Attachment B), which is manufactured in the United States. While this motorcycle is not sufficiently large enough to replace an existing patrol motorcycle, it provides additional capabilities and characteristics that current patrol motorcycles cannot fill. The OTS grant coordinator approved the purchase of the FXP as a fleet addition, instead of the larger model as a fleet replacement, due to the manufacturing location issue.
The addition of an electric motorcycle will enhance patrol capabilities, while also working towards the climate action goals of the City. This motorcycle is a one-time purchase and there are no plans for replacement when it reaches end of life. This electric motorcycle will allow for supplemental patrol, OTS operations and special event assistance. Currently, the department has 8 motor trained officers, and only 6 motorcycles. There are times where maximum motorcycle deployment is needed but is limited to the number of available motorcycles. Motorcycle patrols have been increasingly useful in policing protests, rallies and special events as they can more easily move through crowds and tight spaces.
The presence of an electric motorcycle in the police department fleet can also provide positive public outreach opportunities at schools and other community events to showcase the advancements and adoption of electric vehicles into policing operations.
Previous Council or Advisory Body Action
Council approved the grant application and award of the FY 2024-2025 OTS Grant on June 4, 2024, in the final grant amount of $165,000. Other uses of the grant award are shown in Attachment A.
Public Engagement
No public engagement was conducted for this item.
CONCURRENCE
Finance and Fleet Departments were consulted for grant application, acceptance, and the addition to the police fleet.
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 Section 15378.
Item 5g
FISCAL IMPACT
Budgeted: No Budget Year: 2024-25
Funding Identified: Yes
The Police Department will follow City purchasing guidelines in the acquisition of this motorcycle. This vehicle is 100% grant funded and will effectively be zero cost to the City, except for minor costs to fleet for maintenance. Given the reduced costs for maintaining an electric vehicle, and the situational use of the motorcycle, these costs are expected to be low with staff estimating annual costs to be approximately $1000 or less.
The OTS grant authorizes up to $30,000 for the purchase of the electric motorcycle. The MSRP of the Zero FXP is $16,995, excluding options and fees (Attachment C). There are sufficient grant funds available to purchase the motorcycle, including any necessary options, equipment, taxes and fees. The electric motorcycle will not need additional upfitting other than decals applied to it for the San Luis Obispo Police Department. The decal costs will be covered by the grant and installed by a third party vendor.
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $1000
State – OTS
Grant
$30,000
Federal
Fees
Other:
Total $30,000 $ $ $1000
ALTERNATIVES
Council could decide not to approve the purchase of the electric motorcycle with grant funds. Grant money allocated the electric motorcycle will be retained by OTS should council decide against the purchase.
ATTACHMENTS
A - FY 2024-2025 Office of Traffic Safety Grant Agreement B - Zero Motorcycles Specification Brochure
C - Zero FXP MSRP Detail Sheet
State of California - Office of Traffic Safety
GRANT AGREEMENT
3. Grant Period
From: 1010112024
To: 0913012025
GRRrur Trrle
Selective Traffic Enforcement Proqram (STEP)
1 2. Nnue or AcEr.rcv
San Luis Obispo
4. Acerucy UruIr ro ADMINISTER GnRrur
San Luis Obispo Police Department
5. Gnerur DescRrprroH
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashesinvolving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat beltenforcement, special enforcement operations encouraging motorcycle safety, enforcement and publicawareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. Thesestrategies are designed to earn media attention thus enhancinq the overall deterrent effect. 6. Federal Funds Allocated Under This Aqreement Shall Not Exceed: $165,000.00 7. Tenus aruo CottottloNS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: . Schedule A - Problem Statement, Goals and Objectives and Method of Procedure . Schedule B - Detailed Budget Estimate and Sub-Budget Estimate (if applicable) . Schedule B-1 - Budget Narrative and Sub-Budget Narrative (if applicable) . Exhibit A - Certifications and Assurances . Exhibit B- - OTS Grant Program Manual . Exhibit C - Grant Electronic Management System (GEMS) Access *ltems shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: wurw.ots.ca.qov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we areduly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. lN WITNESS WHEREOF, this Agreement has been executed bv the parties hereto.
8. roval natures
D. Aurnonrzrruc OrrtcteL or Orrrce oF TRAFFIc Snrery
Aooness: BarbaraRooney
Director
barbara. [email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove. CA 95758
OcL28,2024
Nov 1,2024
(Signature)
Ba. ru,4a*<
B:6il: Puun€y ilruv r, 2021 rrePDn
,Prl Sut
(Date)
Oct24,2024
Oct24,2024
(Signature)
uelBe ELtssodh lod 24, 204 1712 PDr)
(Date)
(Date) (Date)
(Signature) (Signature)
B. AurHontzrNG OFFTcTAL
AooRess: Rick Scott
Chief
[email protected]
805-781-7256
1042 Walnut
San Luis Obispo, CA 93401
Eru W. s*ilt*t
Evinrl svrdrey (od )1,?o:4 l6 s! P0Tl
C. Frscnr oFFtctAL
Aooness: MelissaEllsworth
Senior Adm inistrative Analyst
mellsworth@slocity. org
805-781 -701 9
1042 Walnut
San Luis Obispo, CA 93401
Malircz cllz"r^*l^
A. Gnnrur DTRECToR
Evan Stradley
Sergeant
estrad ley@slocity. o rg
8055948068
1042 Walnut
San Luis Obispo, CA 93401
Nnue:
TITLE:
EMAIL:
PHoue:
Aooness:
GRarur NuMeen
PT25059
10124120241:20:38 PM Page 1 of 18
9. SAM INFoRMAToN
SAM#:
Reotsreneo
ADDRESS:
Crrv:
ZtP+41
VCUGK243NQ71
990 Palm St.San Luis Obispo
93401-3219
E. AccoururrNc OrprceR oF OFFtcE oF TRAFFtc Snrrry
NnvE: Carolyn Vu
AooRess: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
10. PROJECTED EXPENDITURES
PROJECTED
EXPENDITURES
$17,008.00$18,515.00$61,992.00$67,485.00
$165,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
$165,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ o.oo
TOTAL AMOUNT ENCUMBERED TO DATE
$165,000.00
STATUTE
BAI23BAI23BAI24BAt24
AGREEMENT
TOTAL
CHAPTER
1212312123
22t24
22t24
F.Y
2023202320242024
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
DATE SIGNED
Oc|29,2024
ITEM/APPROPRIATION
0521 -0890-1 010521-0890-1010521-0890-'1010521-0890-10'l
OTS ACCOUNTING OFFICER'S SIGNATURE
CFDA
20.60020.60820.600
20.608
FUND
402PT-25.1
1644L-2s.1
402PT-25
1644L-25
10124120241:20:38 PM Page 2 of 18
State of California - Office of Traffic Safety
GRANT AGREEMENTSchedule A
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol-involved crashes.
B. Reduce the number of persons injured in alcohol-involved crashes. L Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes. 1 1. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.15. Reduce hit & run fatal crashes.16. Reduce hit & run injury crashes.17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
GRANT NUMBER
PT25059
1. PROBLEM STATEMENT
The City of San Luis Obispo has a population of approximately47,500 residents and consists of 13 square miles. The City estimates that the daily average population is about 90,000 due to tourism, being the County seat for government operations and the site for both a State University and Community College. The number of people who visit the city of San Luis Obispo continues to grow as the city continues to gain appeal as a tourist destination. The City of San Luis Obispo business community provides full services including gasoline sales, hotels, shopping, and restaurants. The Highway 101 is a main thoroughfare which routes through thecenter of the City and is used for access by those utilizing the City's services.
The San Luis Obispo PD has 61 sworn officer positions and has four main divisions: patrol, investigations, support services, and traffic. The Traffic Safety Unit is responsible for the enforcement of traffic laws, including DUI investigation and the investigation of traffic crashes in our City. Funding through the Office of Traffic Safety's Selective Traffic Enforcement Program (STEP) grant will greatly help supplement the department's Traffic Safety program.
Alcohol involved traffic incidents are among the biggest threats to the community. These incidents do not discriminate between factors such as age or economic status and enforcement efforts are targeted towards all drivers. The City of San Luis Obispo is a desirable destination for students, tourists, and residents. ln particular, the downtown area consists of numerous restaurants and bars. The community is impacted by drivers making poor choices and choosing to drive under the influence of alcohol and/or drugs. Thecommunity is safer by taking the DUI drivers off of the city streets.
During the grant period of 10101122 through Ogl30l23, the San Luis Obispo PD arrested 161 people for driving under the influence of alcohol or drugs. The department also investigated 6 fatal crashes that resulted in Tfatalities. Atotal o'f 173 peoplewere injured in crashesthatoccurred in ourjurisdiction and about 25% of those crashes involved DUI (drugs or alcohol) drivers. ln addition, speeding is the second most common cause of reported crashes in the City of San Luis Obispo. During the same grant period, there were 75 crashes related to speeding and 26 of those crashes resulted in injury. The department also responded to 36 bicycle related crashes, 3 of which were fatalities.
Out of 26 pedestrian related crashes, 25 resulted in injuries, and 3 resulted in fatalities. Through our partnership with the Office of Traffic Safety, the San Luis PD is can continue targeted enforcement of unsafe speed, DUl, and traffic signal and signs violations, which lead to corrected behavior and safer roadwa Thus maki the of San Luis Obis safer for our commun 10124120241:20:38 PM Page 3 of 18
18. Reduce n httime 100 - 0259 hours u crashes.
3 11
22 1
3 26
I 6
32 Target Number
1 1 21 2
13. Conduct Know Your Limit campaigns with an effort to reach members of the community.
14. Send law enforcement personnelto DUI Checkpoint Planning and Management training 3. Mersoo or PnoceouRE
A. Phase 1 - Proqram Preparation (1st Quarter of Grant Year) . The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section.
. All training needed to implement the program should be conducted in the first quarter.a All grant related purchases needed to implement the prog ram should be made in the first quarter
7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. Toenhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUl/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approvalwill OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE{rained.
B. Conduct DUI Saturation Patrol operation(s) L Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
11. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resultinq from violations made by pedestrians, bicyclists, and drivers
12. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracteddriving, DUl, speed, bicycle and pedestrian safety, seat belts and child passengersafety B. Objectives:
1 . lssue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public lnformation Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
2. Participate and reportdata (as required) in thefollowing campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, NationalTeenDriver Safety Week, NHTSA Winter Mobilization; Quarter 3: National DistractedDriving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safetv Week, and California's Pedestrian Safety Month. 3. Develop (by December 31) and/or maintain a "DUl BOLO" program to notify patroland traffic officers to be on the lookout for identified repeat DUI offenders with asuspended or revoked license as a result of DUI convictions. Updated DUI BOLOsshould be distributed to patrol and traffic officers monthly. 4. Send law enforcement personnelto the NHTSA Standardized Field SobrietyTestinq (SFST) (minimum 16 hours) POST-certified trainins.
5. Send law enforcement personnel to the NHTSA Advanced Roadside lmpaired Drivinq Enforcement (ARIDE) 16 hour POST-certified training. 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training(classroom and field training must be completed). 10124120241:20:38 PM Page 4 of 18
o ln order to develop/maintain the "DUl BOLOs," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUl. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. . lmplementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements:lssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. lf you are unable to meet the November 15deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS Pto.
B. Phase 2 - Proqram Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities: . Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time wouldbe 7 days before the scheduled release but at least 3 business days prior to the scheduledrelease date for review and approval is appreciated. . Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certifiedtraining courses are EXEMPT from the approval process. . The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. . Pre-?pproval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, orlink to social media post. The OTS-supplied kick-off press release templates and any kickoffpress releases are an exception to this policy and require prior approval before distribution to themedia and public. . lf an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approvaland copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to thescheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
. Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.9. enforcement operations, day of eventhighlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.9. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
. Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to theOTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE' message in subject line of email. . Any earned or paid media campaigns for TV, radio, digital or social media that are part of a S c rant o ective ust OTS nt funds or des ned and usr contractual 10124120241:20:38 PM Page 5 of 18
a
services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUl checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters,scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting:Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated mediacoverage so OTS has sufficient notice io arrange for attendance and/or participation in the event. lf unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.
Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
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C. Phase 3 - Data Collection & Reportinq (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (OPR) (due January 30, April 30, July 30, andOctober 30) . Collect and report quarterly, appropriate data that supports the progress of goals and objectives. . Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
. Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
. Collect, analyze and report statistical data relating to the grant goals and objectives.
4. Mersoo or EvnluRrroru
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (OPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether qoals and objectives were met, exceeded, or an explanation of why obiectives were not completed 5. ADMtNrsrRAttveSupponr This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
1012412024 1:20:38 PM Page 6 of 18
State of California - Office of Traffic Safety
GRANT AGREEMENTSchedule B
ToraI AMoUNT
$79,000.00$86,000.00
Tornl Cosr ro
GRarur
A. PEnsoruNEL Cosrs
$0.00
$25,500.00$s3,950.00
$2,075.00$1 ,182.00
$32,800.00
$6,150.00$4,100.00$1,350.00
$644.00
$127,751.00
B. TRAVEL ExpenSeS
$3,956.00
$0.00
$3,956.00
C. CoNTRAcTUALSeRvIceS
$0.00$0.00
D. Eourpmerur
$30,000.00$30,000.00
E. OrHen Drnecr Cosrs
$3,293.00$3,293.00
F. lruornrcr Cosrs
$0.00$0.00
Gnerur Toral $165,000.00
Ururs
3 26
1 1
1 6
3 2
3 111
1 Furuo DescRrPTroN
State and Community Highway
Safety
Minimum Penalties for Repeat
Offenders for Driving While
lntoxicated
Ururr Cosr on
Rarr
$8,500.00
$2,075.00$2,075.00
$81,525.00
$2.050.00$2.050.00$2.050.00
$450.00
$44,400.00
$3,956.00
$30,000.00
$3,293.00
Futto
NuMerR
1644L-251644L-251644L-251644L-25
402PT-25402PT-25402PT-25402PT-25402PT-25402PT-25
402PT-25
1644L-25
Cnrnloc
Nurraeen (CFDA)
20.60020.608
Cosr Cnreconv
Straiqht Time
Overtime
DUI/DL Checkpoints
DUI Saturation PatrolsKnow Your LimitBenefits for 164AL OT @ 1 .45o/o Traffic Enforcement
Distracted DrivinqPedestrian and Bicvcle Enforcement
Traffic Safetv Educational Presentations
Benefits for 402PT OT (A 1.45%
Category Sub-Total
ln State Travel
Category Sub-TotalCategory Sub-Total
Police Motorcycle
Category Sub-Total
DUI Checkpoint Supplies
Category Sub-TotalCategory Sub-Total
Fur.to Nuruaen
402Pr-25
1644L-25
Gnerur NurrttseR
PT25059
10124120241:20:38 PM Page 7 of 18
State of California - Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
Buocer NlnRerrve
Pensorunet CosrsDUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. . Know Your Limit - Oveftime for grant funded traffic safety presentations or campaigns conducted byappropriate department personnel.
Benefits for 164AL OT @ 1A5% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.
Benefit breakdown:Medicare 1.45%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel
Distracted Driving - Oveftime for grant funded law enforcement operations conducted by appropriate d ent personnel
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.
Benefits for 4O2Pf OT @ 1A5% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.
Benefit breakdown:Medicare 1.45%
TnnveI EXPENSES
ln State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers in Long Beach and the OTS Traffic SafetyLaw Enforcement Forum. All conferences, seminars or training not specifically identified in the BudgetNarrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
Corutnncrual SeRvtces
EourplvrErurPolice Motorcycle-Fully equipped motorcycle to be used for grant purposes. Costs may include communication equipment, emergency equipment packaqe, safety bars and modifications and accessoriesOrnen DrRect Cosrs DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverageswill not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).lruornect Cosrs SrRreuenrs/Drscr-Rtuens
There will be no program income generated from this grant.
GnnNr NuMeen
PT25059
10124120241:20:38 PM Page 8 of 18
Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
Benefits for nnel costs can on be ied to ht time or overtime hours cha to the rant. 10124120241:20:38 PM Page 9 of 18
State of California - Office of Traffic Safety
GRANT AGREEMENTExhibit A
GENERAL ASSURANCES
10124120241:20:38 PM
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:GENERAL REQUIREMENTS The State will cornply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4-Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 1 l7-58; 23 CFR part 1300-Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200-Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;2 CFR part l20l-Depaftment of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency fand its subrecipients] will comply with all Federal statutes and implementing regulations relating tonondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.,78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Progranrs of the Department of TransportationEffectuation of Title VI of the Ctuil Rights Act of 1964); 28 CFR 50.3 (U.S. Departrnent of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation As,sistance andReal Properly Accluisition Policies Act of 1970, (42 U.S.C.4601), (prohibits unfair treatment ofpersons displaced or whose property has been acquired because ofFederal or Federal-aid programs and projects); Federal-Aid Highray Act of 1973, (23 U.S.C. 321 et seq.), and Title IX of the Education Amendments of 1972, as amended(20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29U.5.C.794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFRpart2T;
The Age Discrintination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,byexpanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aidrecipients, subrecipients and contractors, whether such prograrns or activities are Federally-funded or not); Titles II and III of the Americans v,ith Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (preventing discrimination against nrinority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);Executive Order I 3I66, lntprot,ing Access to Sen'icesfor Per.sons with Limited English Prof ciency (requiring that recipientsof Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));Executite Order I3985, AAtancing Racial Equity and Supportfor Underserved Conrmunities through the Federal Gotternment (advancing equity across the Federal Government); and Executive Order 13988. Preventing and Contbating Discrimination on the Basis of Gender ldentity or Sexual Orientatiotr (clarilling that sex discrimination includes discrimination on the grounds of gender identify or sexual orientation).
The pleceding statutoty and regulatory cites heleinafter ate refelled to as the "Acts" and "Regulations," respectively I
aaI
GRANT NUMBER
PT25059
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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, rnemoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in lhe Uniled Stales shall, on the grounds of race, color, or nalional origin, be excludedfr"ont participation in, be denied the benefits of, or be othenvise wbjected to discrimination under anyprogram or actirtity,forvhichthe Recipientreceives Federal fi na nc i a I as s isla n c e ft' o nt D OT, i nc lu di n g N HTSA. " The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973),by restoring the broad, institutional-wide scope and coverage ofthese nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCESMore specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assuranceswith respectto its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in 5S 21 .23(b) and (e) of 49 CFR part 2l will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "prograrn") conducted in compliance with all requirements irnposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will inserl the following notification in all solicitations for bids, Requests For Proposals for work, orrnaterial subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, inadapted form, in all proposals for negotiated agleements regardless offunding source:
"The [name of RecipientJ, in accordance u,ith the protisions of Title 14 of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it tvill ffirnatively ensure that in any contract entered into pursuanl to this advertisenrcnt, disadvantaged business enterprises v,ill be affordedfttll andfair opportunity to subntit bids in response to this invitation andttill not be discriminaled against on the grounds ofrace,color, or national origin in considerationfor an att,ard."
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT Order 1050.2A) in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.24, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon orinterest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part ofa facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7 . That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.24, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer ofreal property acquired or improved under the applicable activity, project, or program; and
b. for the construction ol use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That tlris Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of; personal property, or realpropeffy, or interest therein, ol' structures or improvements thereon, in which case the Assurance obligates the Recipient, orany transferee for the longer ofthe following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision ofsimilar services or benefits; or b. the period during which the Recipient retains ownership or possession ofthe property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, andother participants of Federal financial assistance under such prograln will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliancereviews, and/or complaint investigations conducted by NHTSA. You rnust keep records, reports, and submit the material for review 1012412024 1 :20:38 PM Page 11 of 18
upon request to NHTSA, or its designee in a tirnely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereofto therecipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successol's in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifuing employees that the unlawful rnanufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken againstemployees for violation of such prohibition; b. E,stablishing a drug-free awareness program to inform employees about: 1. The dangers ofdrug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and ernployee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notif,ing the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notif,ing the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice ofsuch conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted- 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLTTTCAL AGT|V|TY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING(applies to all subrecipients as well as States)CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best ofhis or her knowledge and belief, that:
1 . No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or atternpting to influence an officer or employee of any agency, a Member of Congress, an officer or ernployee of Congress, or an employee of a Mernber of Congress in connection with the awarding of any Federal contract, the making ofany Federal grant, the making ofany Federal loan, the entering into ofany cooperative agreement, and the extension, continuation, renewal, amendment, or modification ofany Federal contract, grant, loan, or cooperativeagreemenu
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or atternpting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an entployee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language ofthis certification be included in the award documents for all subawards at all tiers (including subcontracts, subglants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certiff and disclose accordingly. 10124120241:20:38 PM Page 12 of 18
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 1 0,000 and not more than $ I 00,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this plogram will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption ofany specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supporled with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of aspecific pending legislative proposal.CERTIFICATION REGARDING DEBARMENT AND SUSPENSION(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department oragency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualif, such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency detennined to enter into this transaction. Ifit is later determined that the prospective primary tier participantknowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, thedepartment or agency rnay terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective prirnary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR narts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transactionbe entered into, it shalI not knowingly enter into any lower tier covered transaction with a person who is proposed fordebarnrent under 48 CFR part 9. subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded fromparticipation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7 . The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "lnstructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the departrnent or agency enteringinto this covered transaction, without modification, in all lower tier covered trarrsactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective parlicipant in a lower tier coveredtransaction that it is not proposed for debarment under 48 CFR part 9. subpart 9.4, debarred, suspended. ineligible, orvoluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant isresponsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in coveredtransactions. To verif, the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website(https : //v,y,tu. s am. govD. 9. Nothing contained in the foregoing shall be constlued to require establishment ofa system ofrecords in order to render ingood faith the certification required by this clause. The knowledge and information of a participant is not required toexceed that which is normally possessed by a prudent person in the ordinary course ofbusiness dealings. 1 0. Except for transactions authorized under paragraph 6 ofthese instructions, ifa participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is ploposed for debarment under dR /-E'P norf Qsubpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other rernedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERSPRIMARY TIER COVERED TRANSACTIONS 10124120241:20:38 PM Page 13 of 18
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded frorn participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted ofor had a civiljudgment renderedagainst them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, orperforming a public (Federal, State, or local) transaction or contract under a public transaction; violation ofFederal or State antitrust statutes or cornrnission of embezzlement, theft, forgery, bribery, falsification ordestruction ofrecords, rnaking false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (l)(b) ofthis certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary tier participant is unable to ceftiff to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1 . By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction wasentered into. Ifit is later detennined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate wlitten notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous whensubmitted or has become erroneous by reason of changed circumstances. 4. The terrns covered transactiono civil judgment, debarment, suspension, ineligible, participant, person, principal' and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy ofthose regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed fordebarment under 48 CFR part 9. subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transactionoriginated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions ald in all solicitations for lower tier covered trarrsactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification ofa prospective parlicipant in a lower tier covered transaction that it is not proposed for debarrnent under 48 CFR part 9. subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verifu the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website( h ttp.s : //tt tt tv. s am. gov/).
8. Nothing contained in the foregoing shall be construed to require establishrnent of a system ofrecords in order to render in good faith the certification lequired by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course ofbusiness dealings.
9. Except for transactions authorized under paragraph 5 ofthese instructions, ifa participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9. subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded frorn participation in this transaction, in addition toother rernedies available to the Federal Governr.nent, the departrnent or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSIONLOWER TIER COVERED TRANSACTIONS I . The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
10124120241:20:38 PM Page 14 of 18
2. Where the prospective lower tier participant is unable to certif, to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy Arnerica requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufacturedproducts produced in the United States, unless the Secretary ofTransportation deterrnines that such domestically produced itemswould be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of dornestic rnaterials will increase the cost of the overall project contract by more than25 percent. In order to use Federal funds to purchase foreign produced items, the State rnust submit a waiver request that provides an adequate basis andjustification forapproval by the Secretary ofTransportation.CERTIFICATION ON CONFLICT OF INTEREST(applies to subrecipients as well as States)GENERAL REQUIREMENTS No enrployee, officer, or agent ofa State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, i nconnection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner,or an organization which employs or is about to ernploy any ofthe parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1 . The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations ofsuch standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything ofmonetary value from present or potential subawardees, includingcontractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as pennitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant orcooperative agreement, whose objectivity may be impaired because ofany related past, present, or currently planned interest,financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has takenor proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may lequire additional relevant information frorn the recipient. If a conflict ofinterest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts ofinterest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosureinclude those ofany recipient, affiliate, proposed consultant, proposed snbcontractor, and key personnel ofany ofthe above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any personowning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who areresponsible for making a decision or taking an action under an award where the decision or action can have an economicor other irnpact on the interests ofa regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient vrlill not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 10124120241:20:38 PM Page 15 of 18
POLICY ON SEAT BELT USE
ln accordance with Executive Order 13043, lncreasing Seat Belt Use in the United States, dated April 16, 1 997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, andother traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides informationon statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
ln accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged toconduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 1012412024 1:20:38 PM Page 16 of 18
State of California - Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C
GRANT NUMBER
PT25059
INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1. Each agency is allowed a total of FIVE (5) GEMS Users.
2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.
3. Complete the form if adding, removing or editing a GEMS user(s).
4. The Grant Director must sign this form and return it with the Grant Agreement.
Gnnnr DETATLS
Grant Number:
Agency Name:
Grant Title:
Agreement Total:Authorizing Official
Fiscal Official:
Grant Director:
PT25059
San Luis Obispo Police Department
Selective Traffic Enforcement Program (STEP)
$165,000.00
Rick ScottMelissa EllsworthEvan Stradley
Cunnerur GEMS Usen(s)
1. Melissa Ellsworth
Title: Senior Administrative Analyst
Phone: 805-781 -701 9Email: [email protected]
Media Contact: Yes
Media Contact: Yes
2. Evan Stradley
Title: Sergeant
Phone: 8055948068
Email: [email protected]
10124120241:20:38 PM Page 17 of 18
GEMS User 1
Add/Change f Remove Access ! Add as a media contact? Yes ! NoE Name Job TitleEmail address Phone number
GEMS User 2
Add/Change f, Remove Access !
Add as a media contact? Yes ! No n
Name Job TitleEmail address Phone number
GEMS User 3
Add/Change ! Remove Access !
Add as a media contact? Yes I No E
Name Job Title
Email address Phone number
GEMS User 4
Add/Change f Remove Access ! Add as a media contact? Yes fl No Name Job Title
Email address Phone number
GEMS User 5
Add/Change ! Remove Access !
Add as a media contact? Yes Non
Name Job Title
Email address Phone numberForm completed by: M- Date: Oct 24,2024 As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. ffi EvanW.Stradley
Signature
Oct24,2024
Name
Grant Director
Date Title
Complete the below information if adding, removing or editing a GEMS use(s)10124120241:20:38 PM Page 18 of 18
Dealer Operator /
General Manager
Sales
New Vehicles
Sales
Used Vehicles
Business
Manager (F&I)
Service Parts & Accessories Administration
Date: February 29, 2024
Bulletin #: SB-ZMC-024-008
Source:
Zero Motorcycles USA Sales
Program Period: Commencing:
February 29, 2024
1 SB-ZMC-024-008
MSRP – USA
2024 FXP Authority Motorcycles & Accessories
1. Base FXP Police Motorcycle
Model Product Number MSRP
24MY FXP NA INTEGRATED ZF7.2 WHITE 00-08719 $16,995
2. Factory Installed Light Options (required, select option) □ Red & Blue (01-08099) □ Amber (01-08100)
□ All Blue (01-08173) □ All Red (01-08180)
The MY 2024 Zero FXP Base Authority Model includes:Drop bars, special wiring harnesses to operate all emergency equipment, W harness for 12V accessories, siren with PA microphone, microphone holder, center console panel (stealth lights out switch, PA microphone jack and emergency light indicators), emergency lighting and siren switches on left side handlebar. These items are factory-installed.
The MY 2024 Zero FXP required Light Option includes: Two front-facing Emergency LEDs, two side-facing Emergency LEDs, and two rear-facing Emergency LEDs. Note: The MY 2024 Zero FXP required light option is factory installed.
Dealer Operator /
General Manager
Sales
New Vehicles
Sales
Used Vehicles
Business
Manager (F&I)
Service Parts & Accessories Administration
Date: February 29, 2024
Bulletin #: SB-ZMC-024-008
Source:
Zero Motorcycles USA Sales
Program Period: Commencing:
February 29, 2024
2 SB-ZMC-024-008
2024 Zero FXP Compatible Accessories
Accessory Product
Number MSRP
12V Accessory Socket Kit – XMX 10-07505 $75*
Aggressive Foot Pegs 10-07423 $200*
Commuter Screen 10-05722 $200*
Quick Charger – North America 10-06919 $775*
Quick Charger Y Adapter 10-05739 $250*
Top Box Rack Kit – XMX (Black Number Plates) 10-08020-1 $220* Top Box Rack Kit – XMX (White Number Plates) 10-08020 $220* White Metal Box Small** 10-07202 $225*
White Metal Box Large** 10-07203 $300*
Zero FX Chain Kit - Splined Shaft 10-08140 $400*
Zero FX Parking Brake 10-08132 $270*
Zero FXP LED License Plate Kit – NA 10-08038 $250*
Zero FXP Telescoping Pole Light by Haztec (Blue)** 10-08010 $500* Zero FXP Telescoping Pole Light by Haztec (Red)** 10-08041 $500* Zero Hand Guards by Cycra - (Black) 10-08060 $170*
Zero Hand Guards by Cycra - (White) 10-08061 $170*
Zero Smartphone Mount by RAM 10-05736 $70*
** Requires the Top Rack Kit for proper installation.
*Important Additional Charges: MSRP price does not include any applicable taxes, license fees, accessories,installation fees or freight.
All Prices are in US dollars. Zero reserves the right to change in its sole discretion all prices, charges, fees, specifications, and other terms of ordering at any time without notice. Such revised prices and terms shall apply to any orders not invoiced at the time of the price change.
City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: March 18, 2025
TO: Mayor and Council
FROM: Aaron Floyd, Utilities Director
Prepared By: Meg Buckingham, Solid Waste and Recycling Program Manager VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 6A – INTRODUCTION OF ORDINANCES TO RESTATE THE CITY’S
EXISTING SOLID WASTE, RECYCLING, AND ORGANICS FRANCHISE
AGREEMENTS WITH SAN LUIS GARBAGE COMPANY AND AMEND
SECTION 8.04.070 OF THE CITY OF SAN LUIS OBISPO MUNICIPAL CODE
Staff received the following question, regarding the introduction of an ordinance amending section 8.04.070 of the City’s Municipal Code. The question is below with staff’s response shown in italics:
1) Why doesn’t the draft ordinance amending section 8.04.070 describe the new 5-year or $50,000 limits (whichever comes first) for setting a hearing on delinquent fees? I see this is in the agreement, but does this change need to be notated in the ordinance?
The proposed municipal code change would make collecting delinquent solid waste accounts less frequent, which is currently identified as an annual process.
Meanwhile, the franchise agreement would set stricter limits, requiring collection every five years or when overdue amounts exceed $50,000. Keeping the franchise agreement stricter ensures that future adjustments to the timeline or dollar threshold could be done during future franchise agreement amendments processes, such as amendments directed by state law, and would not require also changing the municipal code.
Item 6a
Department: Utilities
Cost Center: 6107
For Agenda of: 3/18/2025
Placement: Public Hearing
Estimated Time: 30 minutes
FROM: Aaron Floyd, Utilities Director
Prepared By: Meg Buckingham, Solid Waste and Recycling Program Manager SUBJECT: INTRODUCTION OF ORDINANCES TO RESTATE THE CITY’S
EXISTING SOLID WASTE, RECYCLING, AND ORGANICS FRANCHISE
AGREEMENTS WITH SAN LUIS GARBAGE COMPANY AND AMEND
SECTION 8.04.070 OF THE CITY OF SAN LUIS OBISPO MUNICIPAL CODE
RECOMMENDATION
1. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, restating its existing franchise agreements with San Luis Garbage Company into one Discarded Materials Agreement”; and
2. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Section 8.04.070 (Use of Disposal Service Mandatory – Collection Charges) of the Municipal Code modifying the process of collecting delinquent solid waste collection and disposal accounts.”
POLICY CONTEXT
Pursuant to Article X of the City Charter, prior to adopting the hauler franchise agreements, the City Council must first pass a Resolution declaring its intention to do so, stating the character of the franchise and the terms and conditions upon which it is proposed to be granted, hold a noticed Public Hearing at which the Ordinance restating the franchise agreements will be introduced, and conduct a second reading of the Ordinance. At the January 21, 2025, City Council meeting, Resolution No. 11539 (Attachment C) was adopted, declaring the intent to restate the existing franchise agreements.
The recommendation to amend Section 8.04.070 of the City’s Municipal Code (Attachment B) enhances clarity on the delinquent solid waste collection fee process, ensuring alignment with state law and the proposed restated Discarded Materials Agreement and reduces the frequency at which the City Council must hold a Public Hearing to consider a resolution directing the San Luis Obispo County Auditor to place the amounts due as liens against the properties.
Item 6a
REPORT-IN-BRIEF
The City holds three franchise agreements with San Luis Garbage Company for solid waste, recycling, and organics services respectively. The solid waste and recycling agreements will expire in August 2025 and the organics agreement will expire in 2038.
To ensure continuity, City staff and San Luis Garbage Company negotiated a consolidated Discarded Materials Agreement (Agreement) that combines all services under one contract with a unified expiration date of 2038 and introduces service improvements, including a discounted rate for qualified low-income residential customers, an annual no cost residential cart exchange, and a few no cost bulky/large item collections for residential customers. Feedback from residents and stakeholders informed these updates, reflecting shared goals of sustainability, operational efficiency, and value for ratepayers.
Staff and San Luis Garbage Company leveraged the timing of negotiating the Agreement to also replace the City’s outdated 1994 Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates (Rate Setting Manual), with a new rate adjustment methodology to be incorporated in the new Agreement as an exhibit. The City and San Luis Garbage Company negotiated a new 2025 solid waste rate adjustment utilizing the new methodology, which aims to bring greater transparency, predictability, and fairness to future rate adjustments. The proposed 2025 rates and the draft restated Agreement (Attachment A) were introduced at the January 21, 2025 City Council meeting where staff received direction to release a Proposition 218 notice to all customers for the proposed 2025 rates at least 45 days prior to the Public Hearing and set a Public Hearing date of March 18, 2025.
Staff is proposing amendments to section 8.04.070 (Attachment B) to enhance clarity and ensure consistency with state law and with the proposed restated franchise agreement.
DISCUSSION
Background
The City holds three franchise agreements with San Luis Garbage Company for the collection, transportation, and disposal of solid waste, recycling, and organics materials.
Each franchise agreement outlines the obligations of both parties in areas like service delivery, record keeping, landfill diversion goals, outreach responsibilities, and regulatory compliance. In accordance with the franchise agreements, the City's solid waste, recycling, and organic materials are collected for processing by San Luis Garbage Company once each week for residential customers and up to seven days per week for commercial customers.
Item 6a
The solid waste and recycling agreements expire on August 25, 2025, and the organics agreement expires on December 18, 2038. The organics agreement was approved for extension in 2015 to establish funding for the development and operation of the Kompogas SLO Anaerobic Digestion Facility1, which processes the City's curbside food and yard waste and turns it into organic compost. Given the forthcoming expiration of the solid waste and recycling agreements, the City must make arrangements for solid waste and recycling collection, disposal, and processing services. These services have historically been provided by San Luis Garbage Company, which continues to provide high-quality collection and customer service to the residents of San Luis Obispo.
Negotiation of Restated Agreement and Proposed Changes
Consolidation of Solid Waste, Recycling, and Organics Agreements With two of the City’s three franchise agreements with San Luis Garbage Company set to expire on August 25, 2025 – and given the need for the City to make arrangements for the continuation of solid waste and recycling collection, disposal, and processing services – City staff and San Luis Garbage Company set out to negotiate the terms and conditions of a new Agreement incorporating all three existing collection services into a single Agreement with one expiration date2. Merging the three franchise agreements into one, restated Agreement provides streamlined and consistent oversight for staff and is typical practice in the solid waste industry.
Delinquent Solid Waste Collection Account Process
The new Agreement also includes provisions modifying the procedure for collecting delinquent solid waste accounts, reducing the frequency at which the City Council must hold a Public Hearing to consider a resolution directing the San Luis Obispo County Auditor to place the amounts due as liens against the properties. As a result, an amendment to the City’s Municipal Code is required as outlined in Attachment B, which reduces the frequency of the hearings to as often as agreed upon by the garbage company and the City and includes the statutory requirements to offer greater clarity on the requirements of the process. The proposed franchise agreement further clarifies that the process will occur every five years or when delinquent amounts exceed $50,000, whichever occurs first.
1 The Kompogas SLO Anaerobic Digestion Facility is commonly known as Hitachi Zosen Inova; however, the facility is under new ownership of Kanadevia Inova. 2 Pursuant to California Public Resources Code Section 40059, a competitive bidding process for solid waste handling services is not required. It is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdiction, including but not limited to, the discretion to perform a competitive bidding process.
Item 6a
New Service Enhancements
Negotiating a new, consolidated Agreement with San Luis Garbage Company has allowed City staff to develop an Agreement that formalizes new service improvements benefitting solid waste ratepayers. Throughout the term of the current franchise agreements and while attending local community events, staff monitored customer satisfaction from community members and local businesses via complaints on services and learned about improvements they would like included in the new Agreement.
Additionally, staff interacted with local businesses before the April 2, 2024, City Council meeting, which introduced a change to the Municipal Code incorporating an enforcement mechanism for single-use foodware in compliance with Assembly Bill 1276 as well as authorizing staff the ability to require locking mechanisms on commercial bins if the premises were found to have litter and overage issues. During this time, staff gathered feedback related to customer satisfaction. Requested enhancements from stakeholders were considered, and many incorporated, during negotiations.
Table 1 below summarizes the new, community-driven service enhancements that City staff secured via negotiations with San Luis Garbage Company in addition to their already scheduled collection of solid waste, recycling, and organics materials. Staff believes these new service enhancements provide good value to the City and to ratepayers.
Table 1: Secured Franchise Agreement Service Enhancements Current New/Proposed
Customer
Assistance
Program
None. 20 percent discount for qualifying
low-income residential customers
following the same eligibility
requirements as the City’s water
and sewer Customer Assistance
Program.
Bulky/Large
Item
Collection
Bulky/large item collection
paid by customers. Discount
available during the semiannual Clean Up Weeks.
Collection of up to three scheduled
bulky/large items for single-family
residential customers and up to
twelve for multi-family complexes
annually. Services will be included
in the rates at no additional cost to
customers. Some collections must
occur during semi-annual Clean
Up Weeks.
Annual Cart
Exchange
Cart exchange provided as
paid service or discretionary
customer courtesy only – not
available at no cost to all
customers.
One annual cart exchange for
residential customers for any of the
carts due to cleanliness, odor, or
damage. The service will be
included in the rates at no
additional cost to customers. If a
cart is broken due to normal wear
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Current New/Proposed
and tear or from servicing, it will be
replaced at no cost and will not
count toward the no cost
exchange.
Holiday Tree
Collection
Program
Old holiday trees must be cut
up and placed in green bin.
No cost curbside collection of
whole holiday trees within two
weeks after Christmas Day. No
stands, ornaments, or flocking
permitted. Single family customers
may place their whole holiday tree
on the curb on collection day and
multi-family customers should work
with their landlord to contact the
garbage company to identify a
collection location on the premises.
Collection
Service at City
Events
The City pays the cost of solid
waste, recycling, and organics
collection at events.
No cost collection and disposal of
materials for up to 12 community
or clean-up events.
Illegal
Dumping
Removal
Services currently provided
but not formalized in
agreement.
No cost collection of illegally
dumped items on sidewalks or in
the public right-of-way. Excludes
hazardous materials.
Delinquent
Solid Waste
Lien Process
Annual Public Hearing held to
authorize delinquent solid
waste fees be placed on tax
roll as lien against the
property.
Public Hearing no more frequent
than every 5 years, or when the
total number of delinquent
amounts exceed $50,000,
whichever is sooner, to authorize
delinquent fees be placed on the
tax roll. The Public Hearing will
follow abundant outreach efforts
from City staff and San Luis
Garbage Company. This proposed
change requires an amendment to
the City’s Municipal Code Section
8.04.070 (Attachment B).
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To continue cultivating a strong partnership with San Luis Garbage Company, the Company requested a few other changes be incorporated into the restated Agreement to assist with the public health, safety, and efficiency of their operations. These requests include:
1. Earlier Collection Time: San Luis Garbage Company currently provides residential collection service after 6:30 a.m. in accordance with Section 9.12.080 of the City’s Municipal Code. They have requested the City allow residential collection service to start 30 minutes earlier in high-traffic areas in an effort to eliminate encounters with pedestrian traffic. This request would be consistent with other cities in the county but requires further analysis to identify the actual effects on residential customers. Staff will identify the potential impacts and may return to Council at a later date with a developed recommendation to update the Municipal Code. In the meantime, San Luis Garbage Company will continue to provide services per the requirements set forth in the Municipal Code and service residential containers after 6:30 a.m.
2. Growth Cap on Sidewalk Litter Containers: San Luis Garbage Company currently provides no cost collection and disposal services for all City sidewalk and bus stop litter containers. They requested capping the number of services that it provides (via number of containers and frequency). The proposed Agreement addresses this request by providing that additional service levels requested above ten percent of the currently provided service will become a paid service.
New Rate Adjustment Methodology
Within the current solid waste agreement, solid waste rates are adjusted annually in accordance with the Council-adopted Rate Setting Manual. Staff and San Luis Garbage Company leveraged the timing of negotiating the restated Agreement to also negotiate a replacement to the outdated Rate Setting Manual, which was adopted prior to the passage of Proposition 218. A third-party consultant, R3 Consulting Group, Inc., was hired to meet with Waste Connections and ten jurisdictions in the county, which all franchise their solid waste service with Waste Connections, and develop a methodology that prioritizes rate stability, predictability, fairness, transparency, ease of administration, cost-effectiveness, compliance with the noticing requirements of Proposition 218, and is consistent with standard practices within the solid waste industry to include as an exhibit in the new Agreement (Attachment A, Exhibit A). The new methodology was used to develop 2025 rates and is proposed to be used for future rate adjustments.
Previous Council or Advisory Body Action
At the July 20, 2010, City Council Meeting, after considering the performance of San Luis Garbage Company, the three existing solid waste, recycling, and organics agreements were extended for a contract duration of 15 years. At the October 20, 2015, City Council Meeting, the organics agreement was approved for a 20 year extension to commence once construction of the Kompogas SLO Anaerobic Digestion Facility was completed.
Construction of the facility was completed in 2018, which initiated the approved 20-year extension of the expiration of the organics franchise agreement to 2038.
Item 6a
On May 3, 2022, the three existing agreements were amended to implement Senate Bill 1383 (organics recycling) requirements, and no changes to the expiration dates were made. The solid waste and recycling agreements expire in 2025, thus presenting the opportunity to restate and merge with the organics Agreement.
On January 21, 2025, as part of the presentation to Council on the Resolution of Intent to restate the franchise agreements, staff notified Council of staff’s intent to propose amendments to Section 8.04.070 of the Municipal Code to reduce the frequency of collecting delinquent solid waste accounts. On that date, Council adopted Resolution No. 11539 declaring its intention to restate the existing hauler franchise agreements and set a noticed Public Hearing to introduce the Ordinance and consider rate adjustments following compliance with Proposition 218 noticing and protest procedures.
Public Engagement
Staff gathered feedback from community members to identify which service enhancements are most impactful and which priorities should be negotiated into the Agreement through customer complaints and while attending local community events such as Farmers Market and Earth Day.
Staff shared the proposed service enhancements to customers via Farmers Market, an informational session for all customers to ask questions, an emailed news release, Frequently Asked Questions on the City’s website, and a notice of the Public Hearing in the local newspaper in accordance with Section 1002, Article X of the City’s Charter.
CONCURRENCE
The City Attorney’s Office has reviewed and approved the draft restated Agreement and the proposed changes to the Municipal Code as to form. The main principles contained in the proposed restated Agreement were negotiated with San Luis Garbage Company and input on the rate setting methodology was gathered from ten local agencies, including the Cities of San Luis Obispo, Arroyo Grande, Pismo Beach, Grover Beach, and the Los Osos, Avila Beach, Cayucos, Oceano, Cambria, and Nipomo Community Services Districts, who have an exclusive franchise agreement with Waste Connections.
ENVIRONMENTAL REVIEW
Restating the existing Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15308 (Actions by Regulatory Agencies for Protection of the Environment) and 15061(b)(3) (common sense exemption).
The collection and disposal of solid waste is an essential service for public health, safety, and welfare. The Agreement with San Luis Garbage Company includes mandates for compliance with state law for the disposal of multiple waste streams in a manner that ensures the protection of the environment. In addition to the protection of the environment, it can be seen with certainty that there is no possibility that the restatement of the franchise agreement will have a significant effect on the environment; therefore, the actions would meet the standard for the “common sense exemption”. Following Council’s final action at the subsequent Public Hearing, which would include a CEQA determination, City staff will file a Notice of Exemption.
Item 6a
Similarly, adoption of the ordinance to amend Section 8.04.070 of the municipal code is exempt from CEQA because such action creates no potential for causing significant effects on the environment (Section 15061(b)(3) (common sense exemption).)
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other:
Total $0 $0 $0 $0
There is no direct fiscal impact to the City from the recommendation to amend section
8.04.070 of the City’s Municipal Code or to restate the Agreement. However, the new rate setting methodology listed as Exhibit A in the Agreement was used to develop the 2025 solid waste rates and will be used for future rate setting, which will impact the City as a commercial customer and will provide additional franchise fee revenue to the City.
ALTERNATIVES
1. Council could decide not to introduce an Ordinance restating the franchise agreements with San Luis Garbage Company and direct staff to open a competitive bidding process for only the solid waste and recycling franchise agreements. Although the City could theoretically conduct a competitive procurement process for solid waste and recycling services only since the organics agreement does not expire until 2038, doing so would potentially mean facilitating operations of two or more haulers in the community with different routing operations, outreach and education, customer services, customer rates, and billing. Additionally, San Luis Garbage Company continues to be a key partner within the City, abides by the performance metrics listed within their agreement, and continues to provide collection and disposal service at a competitive rate. Pursuant to Public Resources Code Section 40059, the City may elect to not go through a competitive bidding process to determine the franchised hauler for solid waste handling services.
2. Council could decide not to amend section 8.04.070 of the City’s Municipal Code offering clarity with state law and reducing the frequency that delinquent solid waste accounts are collected. If Council decides not to amend the Municipal Code changing the frequency of collecting solid waste accounts, then the current process listed in the Municipal Code would continue, which outlines an annual Public Hearing process to consider adopting a resolution directing the San Luis Obispo County
Item 6a
auditor to place the amounts due for delinquent solid waste accounts more than 120 days past due as liens against the properties. Additionally, the proposed Agreement would be amended to remove the provision reducing the frequency of the process to every five years or when the total amount of delinquent accounts reaches $50,000, whichever comes first.
ATTACHMENTS
A - Draft Ordinance Restating the Franchise Agreements
B - Draft Ordinance Amending Section 8.04.070 of the Municipal Code C - Resolution No. 11539 (2025 Series)
O ______
ORDINANCE NO. _____ (2025 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, RESTATING ITS EXISTING FRANCHISE
AGREEMENTS WITH SAN LUIS GARBAGE COMPANY INTO ONE
DISCARDED MATERIALS AGREEMENT
WHEREAS, the City of San Luis Obispo ("City") adopted Ordinance No. 1551 on August 20, 2010, granting franchise agreements to San Luis Garbage Company for a term of 15 years for the collection and disposal of solid waste, recycling, and organics within the City; and
WHEREAS, public health and safety demand the orderly and periodic collection and safe disposal and/or processing of solid waste, recyclables, and organics; and WHEREAS, it has been determined that an exclusive franchise granted to a private company is the most effective and efficient way to collect and remove solid waste, recyclables, and organics within the City; and
WHEREAS, the City adopted Ordinance No. 1624 on October 20, 2015, amending the green waste franchise agreement to incorporate food waste and approve the extension to the term of the agreement until December 18, 2038 – to establish funding for the development and operation of the Kompogas SLO Anaerobic Digestion Facility – formerly Hitochi Zosen Inova – which processes the City's curbside food and yard waste and turns it into organic compost; and
WHEREAS, Senate Bill 1383, Chapter 395, Statutes of 2016 (SB 1383) establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants by reducing disposal of organic waste in landfills and is California's most comprehensive change to solid waste regulations in over thirty years; and
WHEREAS, the City adopted Ordinance No. 1711 on May 3, 2022, amending the franchise agreements to implement organic waste diversion programs to meet the goals of SB 1383 and allows a jurisdiction to designate a public or private entity to fulfill, in whole or in part, its responsibilities under SB 1383 through contracts with its waste haulers; and
WHEREAS, the solid waste and recycling agreements expire on August 25, 2025; and
WHEREAS, to maintain continuity, the material terms and conditions for the solid waste and recycling franchise agreements are being proposed to be merged with organics into a restated Discarded Materials Agreement with a combined expiration date of December 18, 2038, set forth below in compliance with Section 1002 of the City Charter of the City of San Luis Obispo; and
Ordinance No. _____ (2025 Series) Page 2
O ______
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (AB 939), set forth in Public Resources Code Sections 40000 et seq., declares that it is within the public interest to authorize and require local agencies to make adequate provision for solid waste handling within their jurisdiction, including but not limited to, the discretion to perform or forego a competitive bidding process; and
WHEREAS, San Luis Garbage Company has provided high level of service and reasonable rates for solid waste, recyclables, and organics collection and disposal in the City and the City has determined to reserve the right under Public Resources Code Sections 40059 to not perform a competitive bidding process for solid waste, recyclables, or organics collection and disposal; and
WHEREAS, the rate setting methodology included as Exhibit A in the Discarded Materials Agreement was approved by Resolution of the City Council on March 18, 2025 and is effective as of that date, notwithstanding the effective date of this ordinance; and
WHEREAS, in compliance with Title X of the City’s Charter, the City Council adopted Resolution No. 11539 (2025 Series) declaring its intent to restate the existing franchise agreements, published the resolution within fifteen (15) days of its passage in a newspaper in the City of San Luis Obispo, and held a Public Hearing on March 18, 2025.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council of the City of San Luis Obispo hereby grants to San Luis Garbage Company the exclusive right, privilege, and franchise for continued service to collect, process, and dispose of solid waste, recyclable, and organic materials subject to the terms and conditions presented in Exhibit A – Discarded Materials Agreement. The City Manager is authorized to execute the Agreement and any other documents necessary or convenient for its implementation.
SECTION 2. Ordinance No. 1711 (2022 Series) is hereby repealed and superseded upon the effective date of this ordinance.
SECTION 3. Environmental review. This ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15308 (Actions by Regulatory Agencies for Protection of the Environment) and 15061(b)(3) (common sense exemption). The collection and disposal of solid waste is an essential service for public health, safety, and welfare. The Agreement with San Luis Garbage Company includes mandates for compliance with state law for the disposal of multiple waste streams in a manner that ensures the protection of the environment. In addition to the protection of the environment, it can be seen with certainty that there is no possibility that the restatement of the franchise agreement will have a significant effect on
Ordinance No. _____ (2025 Series) Page 3
O ______
the environment; therefore, the actions would meet the standard for the “common sense exemption.”
SECTION 4. The summary of this ordinance, together with the names of the Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City.
This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ______, 2025, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 2025, on the following vote:
AYES:
NOES:
ABSENT:
___________________________
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
RESTATED FRANCHISE AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
SAN LUIS GARBAGE COMPANY
For Collection and Disposal of Solid Waste, Recyclable Materials, and Organic Materials Within the City of San Luis Obispo This Agreement between the City of San Luis Obispo and San Luis Garbage Company for Collection, Transportation, Diversion, Processing, marketing, and Disposal of Solid Waste, Recyclable Materials, and Organic Materials (the “Restated Franchise Agreement” or the “Agreement”), is made and entered into on April 1, 2025 (as the “Effective Date”) in the State of California by and between the City of San Luis Obispo, a political subdivision of the State of California (hereafter “City”) and San Luis Garbage Company, a California corporation (hereafter “Franchisee”), each of which may be referred to individually as a “Party” or together as the “Parties".
RECITALS
This Agreement is made and entered into on the basis of the following facts, understandings, and intentions of the Parties:
1. WHEREAS: The Parties entered into an Amended and Restated Franchise Agreement for Collection, Transportation, and Disposal of Solid Waste on June 3, 2022 (the “Solid Waste Agreement”); and
2. WHEREAS: The Parties entered into a second, separate Amended and Restated Agreement for Collection and Disposal of Recyclable Materials on June 3, 2022 (the “Recyclable Materials Agreement”); and
3. WHEREAS: The Parties entered into a third, separate Amended and Restated Agreement for Collection and Disposal of Organic Materials on June 3, 2022 (the “Green Waste Agreement”); and
4. WHEREAS: The Solid Waste, Recyclable Materials, and Green Waste Agreements provide the City with the right to direct Franchisee to modify the scope of one or more types of services, or to otherwise modify its performance under the Agreement, subject to providing additional compensation; and
5. WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (AB 939), set forth in Public Resources Code Sections 40000 et seq., declares that it is within the public interest to authorize and require local agencies to make adequate provision for Solid Waste Handling within their jurisdiction: and,
6. WHEREAS: The State of California has found and declared that the amount of refuse generated in California, coupled with diminishing Disposal capacity and potential adverse environmental impacts from landfill Disposal and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of AB 939 and subsequent related legislation, including but not limited to the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies, to promote Diversion and to maximize the use of feasible waste reduction, re-use, Recycling, and Composting options in order to reduce the amount of refuse that must be Disposed; and
EXHIBIT A
Franchise Agreement - Discarded Materials
a)
7. WHEREAS: SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, Solid Waste Facilities, and other entities to support achievement of State-wide Organic Waste Disposal reduction targets; and
8. WHEREAS: SB 1383 requires the City to implement Collection programs for Organic Waste and Recyclable Materials, meet Processing Facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and the City has chosen to delegate some of its responsibilities to the Franchisee, acting as the City’s designee, through this Agreement; and
9. WHEREAS: The Parties have agreed to merge the Solid Waste, Recyclable Materials, and Green Waste Agreements enumerated above into one single franchise agreement through this Restated Franchise Agreement, which includes all agreements between City and Franchisee regarding Solid Waste, Recyclable Materials, and Organic Materials; and
10. WHEREAS: this Agreement is intended to restate and supersede all prior Franchise Agreements for Solid Waste, Recyclable Materials, and Green Waste Collection between City and Franchisee; and NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained, CITY and FRANCHISEE do hereby agree as follows:
Franchise Agreement - Discarded Materials
a)
TABLE OF CONTENTS
ARTICLE 1 - DEFINITIONS .......................................................................................................................... 1 ARTICLE 2 – GRANT AND ACCEPTANCE OF AGREEMENT....................................................... 171
2.1 GRANT AND ACCEPTANCE OF AGREEMENT …………. .......................................................... 11
2.2 EFFECTIVE DATE …………............................................................................................................... 11
2.3 TERM OF AGREEMENT …………. ................................................................................................... 11
2.4 OPTION TO EXTEND ………….......................................................................................................... 11
2.5 CONDITIONS TO THE EFFECTIVENESS OF AGREEMENT …………. ................................... 12
2.6 RESPONSIBILITES OF CITY …………. ........................................................................................... 12 ARTICLE 3 – REPRESENTATION AND WARRANTIES OF THE FRANCHISEE ............................ 182
3.1 FRANCHISE STATUS ………….......................................................................................................... 12
3.2 FRANCHISE AUTHORIZATION…………........................................................................................ 12
3.3 COMPLIANCE WITH LAWS AND REGULATIONS …………..................................................... 13
3.4 SERVE WITHOUT INTERRUPTION …………................................................................................ 13
3.5 PERMITS AND LICENSES …………. ................................................................................................ 13
3.6 PRESERVATION OF CITY PROPERTY ………….......................................................................... 13
3.7 FINANCIAL REPRESENTATION…………. ..................................................................................... 13
3.8 FRANCHISEE AS ARRANGER …………. ........................................................................................ 13 ARTICLE 4 - SCOPE OF AGREEMENT…………. ..................................................................................... 13
4.1 SCOPE OF AGREEMENT………….................................................................................................... 13
4.2 LIMITATIONS TO SCOPE…………. ................................................................................................. 13
4.3 ADMINISTRATION OF AGREEMENT…………............................................................................. 15
4.4 USE OF CITY STREETS…………....................................................................................................... 15
4.5 ANNEXATION…………........................................................................................................................ 15
4.6 NEW PROGRAMS AND CITY'S RIGHT TO REQUEST CHANGES…………. .......................... 15
4.7 OWNERSHIP OF DISCARDED MATERIALS………...................................................................... 16 ARTICLE 5 - DIRECT SERVICES…………................................................................................................. 16
5.1 GENERAL…………............................................................................................................................... 16
5.2 THREE-CONTAINER COLLECTION SYSTEM………….............................................................. 17
5.3 COLLECTION SERVICE…………..................................................................................................... 17
5.4 MATERIALS TO BE COLLECTED………….................................................................................... 18
5.5 PUBLIC CONTAINER COLLECTION…………. ............................................................................. 19
5.6 MISSED PICKUPS…………................................................................................................................. 19
Franchise Agreement - Discarded Materials
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5.7 BULKY/LARGE ITEM COLLECTION SERVICE………............................................................... 20
5.8 SEMI-ANNUAL CLEAN-UP WEEKS…………................................................................................. 21
5.9 HOLIDAY TREE COLLECTION AND DIVERSION PROGRAM………..................................... 21
5.10 ACCUMULATION OF SOLID WASTE………................................................................................ 22
5.11 PROCESSING AND DISPOSAL OF DISCARDED MATERIALS…………................................ 22
5.12 GENERATOR WAIVERS………....................................................................................................... 26
5.13 PROCUREMENT OF RECOVERED ORGANIC WASTE PRODUCTS………. ........................ 27
5.14 MARKETING AND SALE OF RECYCLABLE MATERIALS……….......................................... 27
5.15 HAZARDOUS WASTE HANDLING AND DISPOSAL………. ..................................................... 27 ARTICLE 6 - COLLECTION SERVICE AND DIVERSION STANDARDS…………............................. 28
6.1 OPERATIONS…………. ....................................................................................................................... 28
6.2 REFUSAL TO PROVIDE COLLECTION SERVICES…………..................................................... 33
6.3 CUSTOMER SERVICE…………......................................................................................................... 34
6.4 DIVERSION STANDARDS…………................................................................................................... 35
6.5 PERIODIC PERFORMANCE OR BILLING AUDIT…………. ...................................................... 36
6.6 PERFORAMCNE HEARING…………. .............................................................................................. 36 ARTICLE 7 - OTHER SERVICES: BILLING, REPORTING, RECORD-KEEPING, AND PUBLIC EDUCATION…………. ........................................................................................................ 37
7.1 BILLING………….................................................................................................................................. 37
7.2 OWNER RESPONSIBLE FOR PAYMENT…………........................................................................ 38
7.3 COLLECTION OF BILLS FROM DELINQUENT CUSTOMERS…………. ................................ 38
7.4 CUSTOMER ASSISTANCE PROGRAM AT FRANCHISEE'S GOOD WILL………….............. 38
7.5 RECORDS…………. .............................................................................................................................. 38
7.6 WASTE GENERATION, CHARACTERIZATION STUDIES, AND CONTAINER AUDITS..... 39
7.7 REPORT FORMATS AND SCHEDULE…………............................................................................. 40
7.8 QUARTERLY REPORTS ..................................................................................................................... 40
7.9 ANNUAL REPORTS AND FINANCIAL AUDIT............................................................................... 42
7.10 MAINTENANCE OF ACCOUNTING RECORDS……. ................................................................. 43
7.11 RIGHT TO AUDIT RECORDS .......................................................................................................... 43
7.12 INSPECTION BY CITY ...................................................................................................................... 44
7.13 REGULATORY REPORTING........................................................................................................... 44
7.14 UPON-REQUEST REPORTING........................................................................................................ 44
7.15 FACILITY CAPACITY PLANNING INFORMATION .................................................................. 44
7.16 PUBLIC EDUCATION AND OUTREACH....................................................................................... 45
Franchise Agreement - Discarded Materials
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7.17 RECORDS RETENTION .................................................................................................................... 46 ARTICLE 8 - PAYMENTS TO THE CITY………….................................................................................... 46
8.1 QUARTERLY FEES AND PAYMENT…………................................................................................ 46 ARTICLE 9 - SERVICE RATES AND REVIEW………….......................................................................... 47
9.1 GENERAL…………............................................................................................................................... 48
9.2 SERVICE RATES……........................................................................................................................... 48
9.3 RATE REVIEW…………...................................................................................................................... 48
9.4 PUBLICATION OF RATES………….................................................................................................. 48
9.5 ROUNDING…………............................................................................................................................. 48 ARTICLE 10 - INDEMNITY, INSURANCE, AND PERFORMANCE BOND…………. ......................... 48
10.1 INDEMNIFICATION…………........................................................................................................... 48
10.2 INSURANCE…………. ........................................................................................................................ 49
10.3 PERFORMANCE BOND…………..................................................................................................... 51 ARTICLE 11 - CITY'S RIGHT TO PERFORM SERVICE…………......................................................... 51
11.1 GENERAL…………. ............................................................................................................................ 51
11.2 TEMPORARY POSSESSION OF FRANCHISEE'S PROPERTY…………. ................................ 52
11.3 BILLING AND COMPENSATION TO CITY DURING CITY'S POSSESSION…………. ........ 52
11.4 CITY'S RIGHT TO RELINQUISH POSSESSION…………. ......................................................... 53
11.5 DURATION OF CITY'S POSSESSION…………............................................................................. 53 ARTICLE 12 - DEFAULT, REMEDIES, AND LIQUIDATED DAMAGES…………. ............................. 53
12.1 EVENTS OF DEFAULT…………. ..................................................................................................... 53
12.2 RIGHT TO TERMINATE UPON DEFAULT…………................................................................... 54
12.3 POSSESSION OF PROPERTY AND BILLING RECORDS AND SYSTEMS UPON TERMINATION…………. ................................................................................................... 54
12.4 CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE………. .............................. 54
12.5 EXCUSE FROM PERFORMANCE………....................................................................................... 55
12.6 LIQUIDATED DAMAGES.................................................................................................................. 55
12.7 NOTICE, HEARING, AND APPEAL………. ................................................................................... 58
12.8 FINANCIAL MATERIAL ERRORS, OMISSIONS, OR IRREGULARITIES............................. 58 ARTICLE 13 - ASSIGNMENT…………. ....................................................................................................... 59
13.1 ASSIGNMENT…………...................................................................................................................... 59 ARTICLE 14 - OTHER AGREEMENTS OF THE PARTIES…………. .................................................... 60
14.1 RELATIONSHIP OF PARTIES…………. ........................................................................................ 60
14.2 GOVERNING LAW………. ................................................................................................................ 61
Franchise Agreement - Discarded Materials
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14.3 JURISDICTION………….................................................................................................................... 61
14.4 SUBCONTRACTING……................................................................................................................... 61
14.5 INTERESTS OF FRANCHISEE…..................................................................................................... 61
14.6 BINDING ON SUCCESSORS. ............................................................................................................ 61
14.7 TRANSITION TO NEXT FRANCHISE……. ................................................................................... 61
14.8 PARTIES IN INTEREST..................................................................................................................... 61
14.9 WAIVER……........................................................................................................................................ 61
14.10 CONDEMNATION............................................................................................................................. 62
14.11 CITY FREETO NEGOTIATE WITH THIRD PARTIES……….................................................. 62
14.12 IMMIGRATION ACT OF 1386…………. ....................................................................................... 62
14.13 NON-DISCRIMMINATION……...................................................................................................... 62
14.14 PUBLIC AND EMPLOYEE SAFETY…. ........................................................................................ 62
14.15 RECYCLED PRODUCTS. ................................................................................................................ 62
14.16 NOTICE……....................................................................................................................................... 62
14.17 REPRESENTATIVES OF PARTIES ............................................................................................... 63
14.18 ENTIRE AGREEMENT……. ........................................................................................................... 63
14.19 SECTION HEADINGS....................................................................................................................... 63
14.20 REFERENCE TO LAWS…............................................................................................................... 63
14.21 INTERPRETATION. ......................................................................................................................... 63
14.22 AGREEMENT……............................................................................................................................. 63
14.23 SEVERABILITY................................................................................................................................. 63
14.24 COUNTERPARTS.............................................................................................................................. 63
14.25 USE OF "WILL" ................................................................................................................................ 64
14.26 INVESTIGATION.............................................................................................................................. 64
Franchise Agreement – Discarded Materials
b) 1
ARTICLE 1.
DEFINITIONS
For purposes of this Agreement, unless a different meaning is clearly required, the following terms shall have the following meanings:
1.1 “AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statues of 2011 [Chesbro, AB 341]), also commonly referred to as “AB 341”, as amended, supplemented, superseded, and replaced from time to time.
1.2 "AB 939” means the California Integrated Waste Management Act of 1989, (Division 30 of the California Public Resources Code), also commonly referred to as “AB 939”, as amended, supplemented, superseded, and replaced from time to time.
1.3 “AB 1594” means State of California Assembly Bill No. 1594 approved September 28, 2014.
AB 1594 provides that as of January 1, 2020, the use of green material as Alternative Daily Cover does not constitute diversion through recycling and would be considered disposal.
1.4 “AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as “AB 1826”, as amended, supplemented, superseded, and replaced from time to time.
1.5 "Affiliate" means all businesses (including corporations, limited and general partnerships and sole proprietorships) which are directly or indirectly related to Franchisee by virtue of direct or indirect common ownership interest or common management shall be deemed to be "Affiliated with" Franchisee and included within the term "Affiliate" as used herein. An Affiliate shall include a business in which Franchisee owns a direct or indirect ownership interest, a business which has a direct or indirect ownership interest in Franchisee, and/or a business which is also owned, controlled, or managed by any business or individual which has a direct or indirect ownership interest in Franchisee.
For purposes of determining whether an indirect ownership exists, the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided, however, that (i) "ten percent (10%)" shall be substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded, and percentage interests shall be determined on the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater.
1.6 "Agreement" means this agreement between City and Franchisee arranging for the Collection, Transportation, Processing, Diversion, marketing, and Disposal of Residential and Commercial Solid Waste, Recyclable Materials, and Organic Materials, as well as other services related to meeting the Diversion goals and requirements of AB 939 and SB 1383, and any future amendments hereto.
1.7 “Applicable Law” means all Federal, State, County, and local laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, Transportation, and Processing of Recyclable Materials, Organic Materials, and Solid Waste that are in force on the Effective Date and as may be enacted, issued, or amended during the Term of this Agreement. Applicable Law includes, but is in no way limited to, AB 939, AB 341, AB 1826, and SB 1383.
Franchise Agreement – Discarded Materials
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1.8 “Approved Disposal Facility” means the Cold Canyon Landfill, owned and operated by Cold Canyon Land Fill, Inc. and located at 2268 Carpenter Canyon Rd, San Luis Obispo, CA, 93401, as the primary, and Chicago Grade Landfill located at 2290 Homestead Rd, Templeton, CA, 93465, or the Santa Maria Landfill located at 2065 E Main St, Santa Maria, CA, 93454, as alternatives. All three of these have been selected by the Franchisee and approved by the City. Franchisee shall notify City before using an alternative Facility.
1.9 “Approved Organic Materials Processing Facility” means the Kompogas Facility located at 4300 Old Santa Fe Rd, San Luis Obispo, CA, 93401, and Engel & Gray Inc. Regional Compost Facility, located at 745 West Betteravia Road, Santa Maria, CA, 93455, which have been selected by the Franchisee and approved by the City.
1.10 “Approved Recyclable Materials Processing Facility” means the Materials Recovery Facility at Cold Canyon Landfill, owned, and operated by Cold Canyon Land Fill, Inc. and located at 2268 Carpenter Canyon Rd, San Luis Obispo, CA, 93401, which has been selected by the Franchisee and approved by the City.
1.11 “Arranger” means any person that arranges for the Collection, Diversion, Transfer, burning, Disposal, or Processing of any Solid Waste.
1.12 "Billings" means any and all statements or charges for services rendered by Franchisee pursuant to this Agreement.
1.13 “Bin” means a metal or plastic waste Container with capacity of approximately one (1) to eight (8) cubic yards, with a hinged lid that allows for proper closure, and with wheels (where appropriate), that is serviced by a front end-loading and/or rear-end loading Collection vehicle, including Bins with Compactors attached to increase the capacity of the Bin.
1.14 "Bulky/Large Item(s)” or “Bulky/Large Waste” means discarded, bulky/large household appliances, furniture, tires, carpets, mattresses, and similar bulky/large items which require special handling due to their size but can be Collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not include abandoned automobiles.
1.15 “Bulky/Large Item Collection Program” means the Contractor’s Collection service for Bulky Items, including bulky Green Waste.
1.16 “Business Days” mean days during which the City offices are open to do business with the public.
1.17 “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
1.18 "California Integrated Waste Management Act of 1989" means Public Resources Code§§ 40000 et. seq.
1.19 “CalRecycle” means California's Department of Resources Recycling and Recovery.
1.20 “Cardboard” means corrugated fiberboard consisting of a fluted corrugated sheet and one (1) or two (2) flat linerboards, as is often used in the manufacture of shipping containers and corrugated boxes. Cardboard is a subset of Recyclable Materials.
Franchise Agreement – Discarded Materials
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1.21 “Cart” means a plastic Container with a hinged lid and wheels that is provided by the Franchisee, approved by the City, used by the Waste Generator, serviced by an automated or semi-automated Collection vehicle, and used for collection, accumulation, and removal of solid waste from commercial or residential Premises. A Cart has capacity of 20, 35, 64 or 96 gallons (or similar volumes).
1.22 "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C Section 9601, et seq.
1.23 "City" means the City of San Luis Obispo, a municipal corporation and charter city, and all the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the Term of this Agreement. The City may designate responsibilities to one or more third parties, in writing, between the City Manager and the designee.
1.24 "Collect" or "Collection" (or any variation thereof) means to take physical possession, Transport, and remove Discarded Materials in the form of Solid Waste, Recyclable Materials, Organic Materials (Food and Green Waste), Bulky/Large Items, and other material at the place of generation in the City.
1.25 “Commercial” shall mean of, from, or pertaining to non-Residential Premises where business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon Residential Property which are permitted under applicable zoning regulations and are not the primary use of the property.
1.26 “Compactor” means a mechanical apparatus that compresses materials together with the Container that holds the compressed materials or the Container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two (2) to eight (8) cubic yard Bin Compactors serviced by front-end loader Collection vehicles and ten (10) to fifty (50) cubic yard Drop Box Compactors serviced by Roll-Off Collection vehicles.
1.27 “Complaint” shall mean each written or orally communicated statement made by any Person, whether to City or Franchisee, alleging: (1) non-performance, or deficiencies in Franchisee’s performance of its duties under this Agreement; (2) a violation by Franchisee of this Agreement; or (3) an SB 1383 NonCompliance Complaint as required under 14 CCR Section 18995.3.
1.28 “Compost” (or any variation thereof) includes a controlled biological decomposition of Organic Materials yielding a safe and nuisance free Compost product.
1.29 "Construction and Demolition Debris" or “C&D” means used or discarded construction materials removed from a Premises during the construction, repair, demolition, or renovation of a structure.
1.30 "Container" means Bins, Carts, Compactors, and Franchise Roll-Offs that are provided by the Franchisee.
1.31 “Contaminant” or “Contamination” means any material or substance placed into or found in a Collection Container other than the type of Source Separated material for which that Collection Container is intended or reserved. For example, anything that is not Recyclable Materials is a Contaminant if placed into or found in a Recyclable Materials Collection Container. Similarly, anything that is not Organic Materials is a Contaminant if placed into or found in an Organic Materials Collection Container.