San Luis Obispo City Council
October 20, 2026

City Council
AGENDA

Tuesday, October 20, 2026, 5:30 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
Council Member Shoresman will be attending the meeting virtually from Hyatt Regency O'Hare Chicago Hotel and Event Center, 9300 W Bryn Mawr Ave, Rosemont, IL 60018 Closed Session for Item 9a will be heard after the Regular Meeting. Public Comment for all Closed Session Items will be heard at 4:00 PM.

Council Meetings are now held in a hybrid format, which means participation is allowed both inperson and virtually through teleconference. For a complete list of ways to view/participate in meetings, review the Participation Guide. In person attendees of City Council or Advisory Body meetings are eligible to receive one hour of complementary parking; restrictions apply, visit Parking for Public Meetings for more details.

Agendas and Staff Reports: Agendas and staff reports for regular meetings are commonly posted one week in advance of the meeting date.

Staff Agenda correspondence regarding questions from Council received after the staff reports are published will be posted by 1:00 PM on the day of the meeting Contact the City Clerk's Office with questions by emailing [email protected].

ONLINE PARTICIPATION:

Zoom: To join the Regular Meeting, click this link https://slocity.zoomgov.com/j/1655386509 on any computer or mobile device.

Telephone: Call 1-669-254-5252 and enter the Meeting’s ID #165 538 6509 to join by telephone audio only.

Public Comment during the meeting:

In person public comment:

Fill out a speaker card and give it to the City Clerk.

Online public comment:

Use the Zoom “raise your hand” button or telephone call in press *9 on your telephone (*6 to unmute/mute) when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.:

Public Comment prior to the meeting (must be received 3 hours before the start of the meeting.

Correspondence received before the meeting will not be read aloud during the meeting):

Email - Submit to [email protected]. In the subject line, please include the date of the meeting and the item number (if applicable).

Mail - Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401.

Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number, and leave your comment.
*All correspondence will be publicly archived and distributed to councilmembers; however, submissions received after the deadline may not be processed until the following day.

Pages

1. CLOSED SESSION (4:00 PM START)
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1.a CALL TO ORDER
Mayor Erica A. Stewart will call the Closed Session of the San Luis Obispo City Council to order at 4:00 PM in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo.

1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public Comment will only be accepted for Closed Session items 1c, 1d, and 9a at this time.

1.c CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (2) of subdivision (e) of California Government Code Section 54956.9: No. of potential cases: One.

The facts and circumstances related to the exposure to litigation arise from allegations related to elevated ammonia concentration in partially treated wastewater. The allegations are set forth in a Notice of Violation, issued to the City [SZ1.1][td1.2][SZ1.3]on January 24, 2024, from the Central Coast Regional Water Quality Control Board, which is available for review upon request to the City Clerk.

1.d CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (2) of subdivision (e) of California Government Code Section 54956.9: No. of potential cases: One.

The facts and circumstances related to the exposure of litigation arise from allegations related to collection of the City’s Utility Users Tax for streaming services. The allegations are set forth in greater detail in a letter submitted by Disney Platform Distribution to the City dated May 27, 2026, which is available for review upon request to the City Clerk.

1.e ADJOURNMENT
City Council will continue the Closed Session to the end of the Regular Meeting. The City Council will hold a Regular Meeting on October 20, 2026 at 5:30 PM in the Council Chambers at City Hall, 990 Palm Street.

San Luis Obispo.

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

3. PLEDGE OF ALLEGIANCE
Mayor Erica A. Stewart will lead the Council in the Pledge of Allegiance.

4. PRESENTATIONS

4.a ARBOR DAY
Mayor Stewart will present a Proclamation declaring November 7, 2026 as Arbor Day.

4.b 70TH ANNIVERSARY OF YMCA SLO COUNTY
Mayor Stewart will present a Proclamation honoring the 70th Anniversary of YMCA SLO County.

4.c CITY MANAGER REPORT
Receive a brief report from City Manager Whitney McDonald.

4.d EL NIÑO PREPAREDNESS PRESENTATION
Presentation to Council on El Niño Preparations in City of San Luis Obispo.

4.e CITY PUBLIC ART PROGRAM OVERVIEW
Presentation to Council with overview of the program and current and anticipated projects.

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

6. CONSENT AGENDA
Matters appearing on the Consent Calendar are expected to be noncontroversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit.

Recommendation:

To approve Consent Calendar Items 6a to 6k.

6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND

ORDINANCES
Recommendation:

Waive reading of all resolutions and ordinances as appropriate.

6.b MINUTES REVIEW - OCTOBER 6, 2026 COUNCIL MINUTES 13 Recommendation:

Approve the minutes of the City Council meeting held on October 6, 2026.

6.c CONSIDERATION OF 2027-28 COMMUNITY DEVELOPMENT BLOCK

GRANT FUNDING PRIORITIES
23 Recommendation:

As recommended by the Human Relations Commission (HRC), approve the Community Development Block Grant (CDBG) ranked funding priorities for the 2027-28 funding year.

6.d AUTHORIZE REQUEST FOR PROPOSALS FOR HOUSING

ELEMENT UPDATE
31 Recommendation:

Authorize the release of a Request for Proposals (RFP) for a consultant to prepare and submit the City’s 7th Cycle Housing Element Update to the California Department of Housing and Community Development (HCD) for final certification;

1. Authorize the City Manager to execute agreements with selected consulting firm; and

2. Authorize the Finance Director to execute and amend the Purchase Order for the selected consultant within the final project budget.

3. 6.e REQUEST FOR QUALIFICATIONS FOR PLANNING,

ENVIRONMENTAL, AND FINANCIAL SERVICES
69 Recommendation:

Authorize a Request for Qualifications for on-call planning, environmental, and financial services to supplement
Community Development Department resources; and

1. Authorize the Community Development Director to execute the agreements associated with the selected consulting firms; and

2. Authorize the Finance Director to execute and amend Purchase Orders for individual consultant service contracts in amounts not-to-exceed the authorized project budget as approved by the Community Development Director.

3. 6.f APPROPRIATION OF CUPA AND ISA FUNDS FROM PREVIOUS

YEARS FOR EXPENDITURES DIRECTLY RELATED TO THEIR

ACTIVITIES
97 Recommendation:

Appropriate up to $71,000 for the Fire Department to use Certified Unified Program Agency (CUPA) Enforcement Funds for expenses directly related to CUPA activities; and

1. Appropriate up to $11,493.88 from the Instructional Service Agreement (ISA) between the Fire Department and Alan
Hancock Community College for training related expenditures.

2. 6.g AUTHORIZATION TO ADVERTISE A REQUEST FOR

QUALIFICATIONS FOR ON-CALL ELECTRICAL MAINTENANCE,

REPAIR, AND OPERATIONAL SUPPORT SERVICES
133
Recommendation:

Authorize the issuance of a Request for Qualifications (RFQ) for On-Call Electrical Maintenance, Repair, and Operational Support Services to establish a five-year qualified contractor pool; and

1. Authorize the Public Works & Utilities Director to establish the On-Call Electrical Maintenance, Repair, and Operational Support Services Contractor List from responsive and qualified proposals received through the RFQ process; and

2. Authorize the City Manager, or authorized designee, to execute agreements with one or more qualified and appropriately licensed electrical contractors in the established contractor pool to provide recurring electrical maintenance, repair, emergency response, low-voltage support, and related operational services at City facilities.

3. 6.h AUTHORIZE A CHANGE ORDER FOR CONTINUED CONTRACT

WATER TREATMENT PLANT SUPERVISOR/OPERATOR SUPPORT
173
Recommendation:

Authorize a $50,001 amendment to the Water Talent contract for temporary certified T5 operator coverage at the Water Treatment Plant, increasing the total contract amount to $200,000, and authorize the City Manager to execute the amendment; and

1. Authorize the City Manager to execute subsequent extensions or amendments necessary to maintain Water Treatment Plant operational coverage, provided sufficient budget is available.

2. 6.i CONSOLIDATION OF DEFERRED COMPENSATION AND DEFINED

CONTRIBUTION RETIREMENT PLANS TO MISSIONSQUARE
177
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, Authorizing the Consolidation of the City’s 457(b) Plans Record-Kept by Nationwide and Empower, and the 401(a) Plan Record-Kept by PARS/John Hancock, to ICMA Retirement Corporation
Governmental Profit Sharing Plan & Trust (d/b/a
MissionSquare), and Authorizing the City Manager to Execute All Necessary Documents for the Plans”

1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, Authorizing the Transition of the City's Defined Contribution Plan for Eligible Employees from Public Agency Retirement Services (PARS) to ICMA Retirement Corporation Governmental Profit Sharing Plan & Trust (d/b/a MissionSquare).”

2. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, Designating the City Manager as Plan Administrator for Deferred
Compensation and Defined Contribution Retirement Plans.”

3. 6.j TEMPORARY DISPATCHER INCENTIVE PROGRAM 191
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving a Side Letter to the July 1, 2023 to June 30, 2027 Memorandum of Understanding between the City of San Luis Obispo and the San Luis Obispo Police Staff Officers’ Association.”

1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving a Side Letter to the July 1, 2024 through June 30, 2027,
Memorandum of Understanding between the City of San Luis Obispo and the San Luis Obispo Police Officers’ Association.”

2. 6.k RESOLUTION TO OPPOSE PROPOSITION 43 WHICH LIMITS VOTER’S ABILITY TO RAISE REVENUES FOR LOCAL

GOVERNMENT SERVICES
Adopt a draft Resolution opposing Proposition 43, a constitutional amendment on the November 2026 statewide ballot to limit voter's ability to raise revenues for local government services.

Staff Report for this item will be published no later than 5:00 PM of Friday October 16, 2026.

7. PUBLIC HEARING AND BUSINESS ITEMS

7.a ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS
IMPROVEMENT DISTRICT FY 2026-27
205
Recommendation:

Conduct a public hearing to receive testimony regarding the City Council’s intention to continue the San Luis Obispo Tourism Business Improvement District and determine whether a legally sufficient protest is made; and

1. If no legally sufficient protest is made, adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, declaring the basis for and the levy of the assessment for the San Luis Obispo Tourism Business
Improvement District and affirming the establishment of the District."

2. 8. LIAISON REPORTS AND COMMUNICATIONS
Not to exceed 15 minutes. Council Members report on subcommittee assignments, listed below, and other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) Mayor
Stewart
Vice Mayor
Francis
Council Member
Boswell
Council Member
Marx
Council Member
Shoresman
SLO Council of
Governments
Airport Land Use Community
Action
Partnership
Air Pollution
Control District
CP Campus
Planning
Committee
Regional
Economic Action
Coalition
Nacimiento Water
Project
SLO Climate
Coalition
County Water
Resources
Advisory
Committee
Downtown
Association
Board
CA Men’s
Colony Advisory
Committee
Zone 9 Advisory
Committee
Local Agency
Formation
Commission
Homeless
Services
Oversight
Committee
Performing Arts
Center
Commission
Integrated Waste
Management
Authority
SLO Regional
Transit Authority
Visit SLO
County Advisory
Committee
Central Coast
Clean Energy

9. CLOSED SESSION (CONTINUED)

9.a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of California Government Code Section 54956.9.

Name of case: Ray Hais v. City of San Luis Obispo, California Public Employment Relations Board, UPC No. LA-CE-1905-M

10. ADJOURNMENT
The next Regular Meeting of the City Council will be held on November 10, 2026. at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

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

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

City Council meetings are televised live on Charter Channel 20 and the City's YouTube Channel: www.youtube.com/CityofSanLuisObispo. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website https://www.slocity.org/government/mayor-and-city-council/agendas-andminutes. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7114.
1 Council Minutes
October 6, 2026, 5:30 p.m.

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

Present:

Council Member Mike Boswell, Council Member Jan Marx,
Council Member Michelle Shoresman, Vice Mayor Emily
Francis, Mayor Erica A. Stewart
City Staff Present: City Manager Whitney McDonald, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CLOSED SESSION (4:00 PM START)

1.a CALL TO ORDER

1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public Comments:

None
---End of Public Comment---

1.c CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code §54956.8
Property: APN 001-013-002
Agency
Negotiators:

Alejandra Celio, Brian Nelson, Kyle Anderson,
Jennifer Rice, Luke Schwartz, Madeline Kacsinta,
Aaron Floyd, Dietrick, Whitney McDonald
Negotiating
Parties:

KGR Enterprises
Under
Negotiation:

Price and terms of payment.

Property: APN 001-014-041

2 Agency
Negotiators:

Alejandra Celio, Brian Nelson, Kyle Anderson,
Jennifer Rice, Luke Schwartz, Madeline Kacsinta,
Aaron Floyd, Christine Dietrick, Whitney McDonald
Negotiating
Parties:

Mr. Javob Feldman, Ms. Marilyn Miller Farmer
Under
Negotiation:

Price and terms of payment.

ACTION: City Attorney Christine Dietrick indicated that the Council met in Closed Session regarding the above referenced item and there was no reportable action taken.

1.d CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of California Government Code Section 54956.9.

Name of case: Ray Hais v. City of San Luis Obispo, California Public Employment Relations Board, UPC No. LA-CE-1905-M
ACTION: City Attorney Christine Dietrick indicated the Council met in Closed Session regarding the above referenced item and there was no reportable action taken.

1.e ADJOURNMENT

2. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on October 6, 2026 at 5:37 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart.

3. PLEDGE OF ALLEGIANCE
Vice Mayor Francis led the Council in the Pledge of Allegiance.

4. PRESENTATIONS

4.a DOMESTIC VIOLENCE AWARENESS MONTH
Mayor Stewart presented a Proclamation declaring October as Domestic Violence Awareness Month to Jill LeMieux on behalf of Lumina Alliance.

3 4.b FIRE PREVENTION WEEK
Mayor Stewart presented a Proclamation declaring October 4 - 10, 2026 as Fire Prevention Week to Fire Marshall Josh Daniel on behalf of SLO Fire Department.

4.c CITY MANAGER REPORT
City Manager Whitney McDonald provided a report on upcoming projects.

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

Erin French
James Culver
Jane Eddy
Jenn Fields
Lisa Jouet
--End of Public Comment--

6. CONSENT AGENDA
Public Comment:

Julia Wallerce - Item 6c
Lea Brooks - Item 6f
--End of Public Comment--
Motion By Vice Mayor Francis
Second By Council Member Shoresman
To approve Consent Calendar Items 6a to 6l.

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

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

6.b MINUTES REVIEW - AUGUST 27, 2026 AND SEPTEMBER 15, 2026

COUNCIL MINUTES
Approve the minutes of the City Council meeting held on August 27, 2026 and September 15, 2026.

4 6.c COMMUNITY BIKESHARE PROGRAM – REQUEST FOR PROPOSALS

1. Authorize the release of a joint Request for Proposals (RFP) with California Polytechnic State University, San Luis Obispo (Cal Poly) for a public bikeshare program.

2. Authorize the City Manager to execute the Operator Agreement with the selected Operator. The Operator Agreement shall be in substantially the same form as set forth in Exhibit A to the RFP and to the satisfaction of the City Attorney.

3. Direct staff to return to Council with a proposed Service Level and License Agreement with the selected Operator.

6.d ADDITIONAL FUNDING FOR LEGAL SERVICES AGREEMENTS WITH CIVICA LAW GROUP, APC, RELATED TO THE 1150 LAUREL

RECEIVERSHIP, AND WITH RICHARDS WATSON GERSHON RELATED

TO THE RIGHETTI HILLSIDE LITIGATION

1. Approve $273,000 as the new not-to-exceed amount for the existing legal services agreement with Civica Law Group, APC, related to the 1150 Laurel receivership (a $50,000 increase).

2. Approve $220,000 as the new not-to-exceed amount for the existing legal services agreement with Richards Watson Gershon for Righetti Hillside litigation (a $50,000 increase).

3. Authorize the City Attorney to execute any legal services agreement amendments necessitated by the approvals above.

6.e ADVISORY BODY APPOINTMENT FOR AN UNSCHEDULED VACANCY

ON THE TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD
Confirm the appointment of Carolina Ertani to the Tourism Business Improvement District Board (TBID) for the remainder of a vacated term expiring June 30, 2028.

6.f AUTHORIZATION TO APPLY FOR GRANT FUNDING THROUGH THE

CALTRANS SUSTAINABLE COMMUNITIES PLANNING GRANT

PROGRAM FOR PREPARATION OF A CITYWIDE SAFE ROUTES TO

SCHOOL PLAN

1. Authorize staff to prepare and submit an application for the Caltrans Sustainable Communities grant program, including a request of up to $300,000 to fund preparation of a Citywide Safe Routes to School Plan; and,

5 2. Approve the use of up to $50,000 in Active Transportation Plan Implementation capital project account (Specification No. 2000608) funding as the required local match funds for this grant pursuit; and,

3. Authorize the Finance Director to appropriate grant funds and approve a budget amendment to reflect received grant funds, if awarded;

4. Authorize the City Manager and City Attorney, or their respective designees, to act as agents to conduct all negotiations, execute and submit all grant documents including, but not limited to, applications, agreements, and payment requests which may be necessary for the completion of the aforementioned project; and,

5. Adopt Resolution No. 11688 (2026 Series) entitled, “A Resolution of the City Council of San Luis Obispo, California, approving the application for grant funding through the Caltrans Sustainable Communities Grant Program to fund preparation of a Citywide Safe Routes to School Plan.”

6.g ADOPT A RESOLUTION OF INTENTION TO APPROVE A RENEWED FRANCHISE AGREEMENT WITH PHILLIPS 66 PIPELINE, LLC FOR

EXISTING PIPELINES LOCATED WITHIN THE CITY RIGHT-OF-WAY AND SET A PUBLIC HEARING FOR NOVEMBER 17, 2026

1. Adopt Resolution No. 11689 (2026 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, declaring the City’s intent to approve a Franchise Ordinance, superseding Ordinance 1709 (2022 Series), to allow Phillips 66 Pipeline LLC to operate and maintain pipelines for the transportation of oil and other specified materials in the City of San Luis Obispo and setting a public hearing for November 17, 2026”; and

2. Authorize the Public Works and Utilities Director to execute the letter agreement memorializing the abandonment of the Phillips 66 proprietary pipeline.

6.h 2026 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT

PROGRAM APPLICATION

1. Authorize the Police department to submit a grant application to the Bureau of Justice Assistance for the 2026 Edward Byrne Memorial Justice Assistance (JAG) grant in the amount of $18,020.

6 2. Authorize the City Manager and the Chief of Police to execute related grant documents and authorize the Finance Director to make the necessary budget adjustments upon the award of the grant.

6.i ADVERTISE JOB ORDER CONTRACT FOR STREETS AND SIDEWALK MAINTENANCE 2027, SPECIFICATION NO. 1000199

1. Approve the Special Provisions for the Job Order Contract for Street and Sidewalk Maintenance 2027, Specification No. 1000199; and,

2. Authorize staff to advertise for bids; and,

3. Authorize the City Manager to award the contract to the lowest responsive bidder.

6.j SUPPORT COAST RAIL COORDINATING COUNCIL PILOT TRAIN SERVICE FOR 2028 OLYMPIC GAMES
Adopt Resolution No. 11690 (2026 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, supporting efforts by the San Luis Obispo Council of Governments and the Coast Rail Coordinating Council to develop and secure funding for a pilot passenger rail service connecting Los Angeles, San Luis Obispo, and the San Francisco Bay Area during the 2028 Olympic Games.”

6.k AUTHORIZATION TO REJECT AND RE-ADVERTISE THE BROADBAND IMPLEMENTATION PROJECT – FFA, SPECIFICATION NO. 2001063

1. Reject all bids and authorize staff to re-advertise the Broadband Implementation Project – FFA, Specification No. 2001063, with a Base Bid and Additive Alternatives; and,

2. Authorize the City Engineer to approve the revised project plans and specifications for the Broadband Implementation Project – FFA (project), Specification 2001063 contingent upon CPUC approval of the requested project scope amendment; and,

3. Authorize the City Manager to award the construction contract, including the Base Bid and Additive Alternatives in priority order, if the lowest responsible bid is within the publicly disclosed construction award authority of $2,400,000 and the CPUC has approved the requested project scope amendment and extension of the grant completion deadline.

7 6.l AUTHORIZATION OF A CHANGE ORDER FOR THE WASTEWATER

COLLECTIONS INFRASTRUCTURE RENEWAL STRATEGY AND

WASTEWATER FLOW MODEL
Authorize a change order in the amount of $102,437 for the Wastewater Collections Infrastructure Renewal Strategy and associated Wastewater Flow Model

7. PUBLIC HEARING AND BUSINESS ITEMS

7.a 2025-26 ANNUAL REPORT OF THE TOURISM BUSINESS

IMPROVEMENT DISTRICT (TBID) AND ADOPTION OF A RESOLUTION OF INTENTION TO CONTINUE THE TBID (30 MINUTES)
Motion By Council Member Marx
Second By Vice Mayor Francis

1. As recommended by the Tourism Business Improvement District (TBID) Board, receive and approve the TBID Board’s annual report for FY 2025-26; and

2. Adopt Resolution No. 11691 (2026 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, declaring its intention to continue the San Luis Obispo Tourism Business Improvement District, to continue the basis for and to levy the assessment for the district, and to set a date for the Public Hearing on the district and the assessment for 2026-27.

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

8. STUDY SESSION

8.a GRAND AVENUE PAVING PROJECT STUDY SESSION (90 MINUTES) Luke Schwartz and Dana Murphy provided an in-depth staff report and responded to Council questions.

Public Comments:

Lea Brooks
Dana Justesen Trexler
Julia Wallerce
Wes Swanson

8 Hari Rahh (Harry Rahjah)
Cody Moore
---End of Public Comment---
ACTION: Council supports moving forward with improvements while keeping staff recommended enhancements and provided the following comments:
 Key priorities include addressing unprotected left turns, improving lighting for safety, adding or strengthening flex posts, and planning for an eventual full reconstruction of the corridor.
 There is concern that on street parking limits safe public access, and additional discussion is needed about trade offs related to public safety and vehicle circulation.
 There is strong interest in pursuing Cal Poly’s offer to explore a quick build roundabout at Grand and Slack.

Members also want more protected bike lanes, expanded green paint, and additional pedestrian safety measures, especially at Frederick and Grand, where speed humps may help slow traffic.  If curb protected bikeways aren’t feasible, more visible and durable delineators should be used, and opportunities to add permanent protected barriers should be analyzed where they won’t interfere with emergency access.
 Lighting remains a longstanding safety concern and should be improved, though solutions must balance night sky protection and potential vandalism.
 Better signage is needed.
 Cost estimates should be obtained for removing medians.  While this is a Tier 2 project, maintaining momentum on Tier 1 projects is also important.

9. LIAISON REPORTS AND COMMUNICATIONS
Mayor Stewart
Attended the following events:
 Central Coast Medicine Night on September 18

9  Cal Cities Annual Conference in Anaheim September 23 - 25.  Oktoberfest on October 3
 30th Anniversary for the PAC on October 3
 NAACP 100 year anniversary of the Pullman Car on October 3 Vice Mayor Francis
Attended the following events:
 Creeks to Coast Cleanup on September 19
 SLO REP event on the September 20
 Parent Meeting at the School District on September 24  30th Anniversary for the PAC on October 3
Council Member Shoresman
Attended the following:
 Homeless Services Oversight Committee on September 16  Bob Jones Trail Ground Breaking September 17
 Paint the Plaza on September 19
 September Scramble on September 20
 Ribbon Cutting for the CAPSLO Outreach Center on September 25  Oceans of Pride Gala Celebration October 3
 Cal Poly Campus Planning Meeting on October 5
Council Member Marx
Attended the following events:
 An event in support of the purchase of the Abalone Farm on September 26  Air Pollution Control District (APCD) meeting on September 30  A meeting with Salud Carbajal regarding elections security and operations overview on September 30
Council Member Boswell

10  Community Action Partnership on September 17
 Creeks to Coast Cleanup on September 19
 Tour of SLOMA construction site September 26
 Attended Transitions Mental Health Journey of Hope Event on September 26  Day of Welcome for new City Employees on October 1 Council Member Boswell made a motion to direct staff to bring back for Council consideration an update to the Unruly Gathering Ordinance, including options for the following:
 Clarifying the definition of Unruly Gatherings
 Increasing or adding to the escalating fine structure we currently have  Add additional fines when there is commercial activity present  Adding cost recovery when significant staff time is involved  Posting violation notices on properties
 Facilitating the path to nuisance abatement
 Providing for the review of business licenses and
 Any other options staff believes would help improve enforcement and effectiveness of this Ordinance.
 This update should be brought to Council to be enforceable prior to the 2027 St. Patrick's Day weekend if possible.

Motion was seconded by Mayor Stewart and passed 5 - 0.

10. ADJOURNMENT
The meeting was adjourned at 9:41 p.m. The next Regular City Council Meeting is scheduled for October 20, 2026 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/202X

6c Item 6c
Department: Community Development
Cost Center: N/A
For Agenda of: 10/20/2026
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Ethan Estrada, Assistant Planner
SUBJECT: CONSIDERATION OF 2027-28 COMMUNITY DEVELOPMENT BLOCK

GRANT FUNDING PRIORITIES

RECOMMENDATION
As recommended by the Human Relations Commission (HRC), approve the Community Development Block Grant (CDBG) ranked funding priorities for the 2027-28 funding year.

POLICY CONTEXT
The recommended funding priorities from the Human Relations Commission (HRC) align with the City’s Major City Goals for the 2025-27 Financial Plan for Goal 3, Housing and Neighborhood Livability – Healthy, Safe, and Affordable, and Goal 4, Homelessness Response.

The recommended funding priorities for the 2027-28 CDBG funding cycle allow the City to further implement the General Plan 6th Cycle Housing Element by satisfying the following on-going programs:

Housing Element Program 1.7: Continue to support local and regional solutions to homelessness by funding supportive programs, services, and housing solutions.

Housing Element Program 4.7: Affirmatively Further Fair Housing Housing Element Program 6.17: Financially assist in the development of affordable housing.

Housing Element Program 8.11: Continue to provide resources that support local and regional solutions to meet the needs of the homeless.

DISCUSSION
Background
The Community Development Block Grant (CDBG) Program, administered through the U.S. Department of Housing and Urban Development (HUD), provides annual grants on a formula basis to states, counties, and cities. These funds are to be distributed to qualifying projects and programs with the intent of providing decent housing and a

Item 6c
suitable living environment and expanding economic opportunities, principally for low- and moderate-income persons. As an “urban county” under the CDBG Program, the County of San Luis Obispo receives the funds from HUD and distributes them to its incorporated cities. The City of San Luis Obispo is anticipated to receive an allocation of $571,078 for the 2027-28 CDBG funding cycle.1
Interested parties have submitted their applications for grant funding to the County, which has distributed them to the relevant jurisdictions. City staff is in the process of reviewing these applications and will provide funding recommendations for the City’s Human Relations Commission (HRC) to consider on November 4, 2026. The HRC will provide its funding recommendations for City Council to consider in February of next year. Below is the current 2027-28 CDBG schedule:

Date Action
September 2, 2026
HRC Community Needs Workshop and Recommendation of
Funding Priorities
September 28, 2026
San Luis Obispo County Releases CDBG Notice of Funding
Availability (NOFA)
October 20, 2026 City Council Reviews and Approves CDBG Funding Priorities October 30, 2026 Applications Due by 5:00 PM to San Luis Obispo County November 4, 2026
HRC Reviews Applications and Votes on Funding
Recommendations
February 2, 2027
City Council Reviews and Considers Approving CDBG
Funding Recommendations
April 2027
San Luis Obispo County Reviews and Approves Funding
Recommendations
To help guide the City’s CDBG funding recommendations, ranked funding priorities are established each year. These priorities are based on the City’s Major City Goals, as well as HUD’s National Objectives2for the CDBG Program.

On September 2, 2026, the HRC held a community needs workshop and established ranked funding priorities to recommend to City Council for approval. The HRC’s recommended ranked priorities are:

1 The City was notified by HUD that it now qualifies as an entitlement community and can receive CDBG funds directly from HUD. The City has opted to continue as a participating member of the Urban County of San Luis Obispo due to the administrative and reporting requirements associated with being an entitlement community.
2 HUD’s CDBG Program require each activity funded to meet one of the following three objectives: benefit to low- and moderate-income persons; aid in the prevention or elimination of slums or blight; and meet a need having a particular urgency (i.e., disaster response/recovery).

Item 6c

1. Provide emergency and transitional shelter, homelessness prevention and services.

2. Develop and enhance affordable housing for low- and very low-income persons.

3. Enhance economic development (to include childcare provider services; low- and moderate -income jobs3).

4. Promote accessibility and/or removal of architectural barriers4for the disabled and elderly.

These priorities are generally the same as the ranked funding priorities used for the 2023- 24, 2024-25, 2025-26, and 2026-27 CDBG funding cycles. A minor change has been made in removing “seismic retrofit, economic stability” from priority 3 and replacing it with “childcare provider services.” The HRC made this change to indicate their interest in supporting childcare provider services via the CDBG Program, having found that the City has not received applications pertaining to “seismic retrofit” in recent years and that “economic stability” was vague. Regardless, “seismic retrofit” and “economic stability” related projects are still eligible under the priority of “enhance economic development.” Previous Council or Advisory Body Action
As noted above, the Human Relations Commission discussed the funding priorities at a meeting on September 2, 2026.

Public Engagement
A public hearing was held by the Human Relations Commission (HRC) on September 2, 2026, in the form of a community needs workshop to provide an opportunity for the public to comment on the ranked funding recommendations presented to the HRC. The HRC hearing was noticed per the required posting and notification standards.

This item is on the agenda for the October 20, 2026 City Council meeting and will follow all the required posting and notification standards. Public comment can be provided to the City Council through written correspondence submitted prior to the meeting and through public comment during the meeting.

CONCURRENCE
The Human Relations Commission (HRC) reviewed and approved the ranked funding priorities presented in this report.

ENVIRONMENTAL REVIEW
The proposed ranked funding priorities for CDBG funding allocations is not considered a project under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines.

3 “Low- and moderate-income jobs” refers to projects and programs that offer professional development or services to assist low- and moderate-income persons with obtaining or retaining employment. 4 “Architectural barriers” refers to physical aspects of a structure or public facility (e.g., sidewalks) that fully or partially prevent access to or ability to traverse said structure or facility for the elderly and the physically handicapped.

Item 6c

FISCAL IMPACT
Budgeted: N/A Budget Year: 2027-28
Funding Identified: N/A
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $N/A $0 $0 $0
State
Federal
Fees
Other:

Total $N/A $0 $0 $0
Approving the CDBG ranked funding priorities does not impact the City fiscally. The action under consideration is the approval of the ranking for future funding allocation. In February, staff will return to the City Council with an item to review and approve CDBG funding recommendations. As a part of this funding recommendation, the City will receive a small allocation of funds for administrative purposes as outlined in the current Urban County Cooperation Agreement between the City and the County.

ALTERNATIVES
Council may modify the ranked funding priorities. Should Council pursue this option, the result of any modifications made to the ranked funding priorities must be consistent with HUD’s National Objectives for the CDBG Program.

ATTACHMENTS
A – HRC Minutes of September 2, 2026

1 Human Relations Commission Minutes
September 2, 2026, 5:00 p.m.

Council Hearing Room, 990 Palm Street, San Luis Obispo
Human Relations
Commissioners Present:

Commissioner Stephanie Carlotti, Commissioner Jenn
Fields, Commissioner Esmeralda Parker, Vice Chair
Vincent DeTurris, Chair Catuih Campos
Human Relations
Commissioners Absent:

Commissioner Jennifer Chassman Browne
City Staff Present: Diversity, Equity, and Inclusion Administrative Specialist Samantha Vethavanam
City Staff Absent: Diversity, Equity, and Inclusion Manager Matt Pennon _____________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo Human Relations Commission was called to order on September 2, 2026 at 5:01 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo, by Chair Campos.

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

None
--End of Public Comment--

3. CONSENT

3.a CONSIDERATION OF MINUTES - AUGUST 5, 2026 HUMAN

RELATIONS COMMISSION MINUTES
Motion By Commissioner Parker
Second By Commissioner Fields
To approve the Human Relations Commission Minutes of August 5, 2026.

Ayes (5): Commissioner Carlotti, Commissioner Fields, Commissioner Parker, Vice Chair DeTurris, and Chair Campos
Absent (1): Commissioner Browne
CARRIED (5 to 0)

2 4. PUBLIC HEARINGS

4.a ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT COMMUNITY

NEEDS WORKSHOP
Assistant Planner, Ethan Estrada presented the staff report and responded to Commission inquiries.

Chair Campos opened Public Comment
Public Comment:

William Petersen
--End of Public Comment--
Chair Campos closed Public Comment
Recommendation to subtract seismic retrofit and economic stability from priority #3 and add childcare provider services.

Motion By Commissioner Fields
Second By Vice Chair DeTurris
Ayes (5): Commissioner Carlotti, Commissioner Fields, Commissioner Parker, Vice Chair DeTurris, and Chair Campos
Absent (1): Commissioner Browne
CARRIED (5 to 0)

5. BUSINESS ITEMS

5.a HUMAN SERVICES GRANT COMMUNITY NEEDS GRANT WORKSHOP Diversity, Equity, and Inclusion Admin Specialist Sam Vethavanam presented the staff report and responded to Commission inquiries.

Chair Campos opened Public Comment
Public Comment:

Karen Jones
--End of Public Comment--
Chair Campos closed Public Comment
Recommend maintaining the main funding priority categories for the Human Services Grant, Preventing and Addressing Homelessness, as recommended.

3 Motion By Commissioner Parker
Second By Vice Chair DeTurris
Ayes (5): Commissioner Carlotti, Commissioner Fields, Commissioner Parker, Vice Chair DeTurris, and Chair Campos
Absent (1): Commissioner Browne
CARRIED (5 to 0)

5.b ACCESS AND BELONGING ICON UPDATE
Diversity, Equity, and Inclusion Admin Specialist Sam Vethavanam presented the staff report and responded to Commission inquiries.

Chair Campos opened Public Comment
Public Comment:

None
--End of Public Comment--
Chair Campos closed Public Comment
Action: By consensus, the Commission received and filed the update on the new Access and Belonging Icon.

5.c 2025-26 HUMAN SERVICES GRANT FINAL REPORT REVIEW
Diversity, Equity, and Inclusion Admin Specialist Sam Vethavanam presented the staff report and responded to Commission inquiries.

Chair Campos opened Public Comment
Public Comment:

None
--End of Public Comment--
Chair Campos closed Public Comment
Action: By consensus, the Commission received and filed the 2025-26 Human Services Grant mid-year reports.

6. COMMENT AND DISCUSSION

6.a STAFF & COMMISSIONER UPDATES AND AGENDA FORECAST
Diversity, Equity, and Inclusion Admin Specialist Sam Vethavanam provided the following updates:

4  Grant application - Commissioner Fields part of CGS  Belonging project event 8/27
 Belonging project event 9/12
 College Corps Fellows starting
 Item added to agenda for City Staff to go over what it means to be a grant report reviewer
Commissioner Fields provided the following update:
 Bisexual Visibility Day 9/26

7. ADJOURNMENT
The meeting was adjourned at 6:55 p.m. The next Regular Meeting of the Human Relations Commission is scheduled for October 7, 2026 at 5:00 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo. _________________________
APPROVED BY HUMAN RELATIONS COMMISSION: 10/07/2026

Item 6d
Department: Community Development
Cost Center: 4008
For Agenda of: 10/20/2026
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: David Amini, Housing Coordinator
SUBJECT: AUTHORIZE REQUEST FOR PROPOSALS FOR HOUSING ELEMENT UPDATE

RECOMMENDATION

1. Authorize the release of a Request for Proposals (RFP) for a consultant to prepare and submit the City’s 7
th Cycle Housing Element Update to the California Department of Housing and Community Development (HCD) for final certification;

2. Authorize the City Manager to execute agreements with selected consulting firm; and

3. Authorize the Finance Director to execute and amend the Purchase Order for the selected consultant within the final project budget.

POLICY CONTEXT
Government Code Section 65588 requires cities to periodically update and submit their Housing Elements to the State for review and certification by HCD.

Housing Major City Goal 2.e of the 2025-27 Financial Plan requires staff to initiate an update to the 7th Cycle Housing Element through the creation of a request for proposal (RFP) for consultant services, and present the RFP to the City Council with a study session on potential scoping for Land Use and Circulation Element Update.

DISCUSSION
Background
The Housing Element is an element of the City’s General Plan that serves as an organizing document for the City’s efforts to accommodate housing capacity, identify housing goals, policies, and programs, and conduct technical analysis of housing needs, constraints, and outcomes. Each jurisdiction in the State of California is required by law to periodically update and submit their Housing Elements to the State for review and certification by HCD. Importantly, the Housing Element is also the document that demonstrates how the City will accommodate future housing growth in the community through the Regional Housing Needs Allocation (RHNA) process, where cities are allocated a specific number of units by the State to accommodate during the Housing Element planning period.

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The City is currently in the 6th Cycle of its approved Housing Element, which is for the planning period from 2020-2028. The 7th Cycle will take place from 2028-2036. The City will be required to prepare an updated Housing Element that meets all statutory requirements, be consistent with the City’s General Plan, achieve certification from HCD by December 2028, and include relevant environmental compliance documentation pursuant to the California Environmental Quality Act (CEQA).

RHNA Process
The Regional Housing Needs Allocation is a process by which the State allocates a specific number of units for each regional Council of Governments (COG) to accommodate during the Housing Element planning period. The COG member jurisdictions collaborate to distribute the regional allocation of units amongst themselves.

As a member jurisdiction of SLOCOG, City staff are currently working with the other jurisdictions to determine an appropriate allocation for the 7th Cycle planning period.

SLOCOG’s distribution methodology is based on improving the jobs-housing balance for the region. The COG’s total allocation for the 7th Cycle planning period is 14,577 units.

The City of SLO will be allocated anywhere from 3,500 to 4,500 units depending on the final allocation methodology approved by the member jurisdictions and HCD.

Request for Proposals
In order to meet the December 2028 certification deadline, staff has identified the need to solicit proposals from qualified consultants to prepare the Housing Element Update.

Staff has prepared a Request for Proposals for Council’s consideration and approval (Attachment A). The update process will require significant coordination between City staff, the selected consultant, and HCD to prepare a compliant 7th Cycle Housing Element. In addition to necessary technical support and work, the scope of work includes facilitation of public outreach related to the Housing Element Update. There will be public hearings held at Planning Commission and City Council to review the draft Housing Element, as well as public engagement meetings, surveys, and workshops providing opportunities for public input throughout the process.

The 7
th Cycle Housing Element update will include the following core elements per State law and HCD requirements.
 Community Outreach and Public Participation Plan
o A comprehensive plan that will effectively reach, educate, and engage the community throughout the Housing Element update. The program shall include strategies to ensure broad inclusion, and equitable participation, particularly of hard-to-reach groups and special needs populations, with special attention given to communicating information so it is accessible and easy to understand.
o Earlier this year, staff presented a Climate Action Plan progress report to Council, which generated community interest in the connections between housing production and the City's long-term climate action goals. In response, staff supported a SLO Chamber of Commerce stakeholder

Item 6d
working group to explore how the Climate Action Plan, Housing Element, and Land Use Element can collectively advance those shared goals. Those convenings are ongoing and have been productive, resulting in proposed actions in the draft Climate Action Plan that support housing that reduces vehicle trips. The RFP directs the selected consultant to continue engaging with this stakeholder group and to ensure that Housing Element programs are developed in alignment with the goals and actions of the City’s Climate Action Plan.
 Housing Needs Analysis
o Utilizing public input, City-provided information, and various data sources (California Department of Finance, US Census and American Community Survey, etc.), the consultant will prepare an analysis per the requirements of Government Code 65583(a) to understand various demographic trends, household characteristics, and household needs.
 Constraints Analysis
o The consultant will identify and analyze governmental and nongovernmental constraints to housing production. This analysis will identify potential amendments to the General Plan, zoning code, and other policies that could support housing growth, infill, and redevelopment in appropriate locations.
 Affirmatively Furthering Fair Housing (AFFH) Analysis o Per State law, the consultant will prepare an analysis of patterns of segregation and integration, access to opportunity, disparities in housing needs and displacement risk in the community, barriers to housing choice, at the local and regional levels, and provide meaningful and implementable actions to address any identified fair housing issues.
 Sites Inventory and RHNA Capacity Analysis
o The consultant will prepare a comprehensive sites inventory and capacity analysis that demonstrates the City’s ability to accommodate its assigned RHNA (which is anticipated to be 3,500-4,500 total units in the 7th Cycle) in each income category.
 Goals, Policies, Programs, and Quantified Objectives
o The consultant will evaluate the City’s existing Housing Element goals, policies, programs, and quantified objectives and recommend which provisions should be retained, revised, replaced, or removed. The consultant shall develop proposed new or revised goals, policies, and programs to ensure compliance with State law and effective response to the housing needs, constraints, and key priorities identified through the update process. Additionally, the consultant will evaluate the City’s Climate Action Plan and ensure that the Housing Element programs support the housingrelated efforts identified therein.  Environmental Review and CEQA Compliance
o The Consultant shall evaluate and prepare appropriate environmental documentation necessary to support adoption of the 7th Cycle Housing Element Update pursuant to CEQA. The Consultant shall determine the appropriate CEQA approach, including exemptions where possible.

Item 6d
RFP Timeline
The RFP proposes the following schedule below. A consultant will be selected by February 2027.

Request for Proposals Timeline
Request for Proposals Issued October 27, 2026
Last day for questions/clarifications November 6, 2026
City Response to questions/clarifications
due
November 10, 2026
RFP Submittal Deadline November 17, 2026
Interviews December 8, 2026
Notification of Intent to Award December 16, 2026
Agreement Execution January 13, 2027
Land Use and Circulation Element
In previous conversations about the Housing Element, questions have arisen as to whether it is appropriate or necessary to also update the Land Use and Circulation Element (often referred to as the “LUCE”).

It is estimated that a comprehensive update of the LUCE would cost approximately $1.5 - $2 million and take three to five years to complete. The LUCE was last updated in 2015 and has a 20-year planning period until 2035. Currently, the City is halfway through the LUCE planning period and is on target with the housing production and capacity estimates therein. Given that it can take three to five years to complete the LUCE update, if resources are available, it would be logical to begin the process of updating the LUCE in early 2029, which would be immediately after the completion and adoption of the Housing Element.

Staff is recommending scoping of the Land Use and Circulation Element Update after the Housing Element has been updated. This may require budgeting for a portion of the LUCE update in the FY 2027-29 budget, with the bulk of the effort for the update occurring the FY 2029-31 budget. Undertaking the effort at that time would allow the LUCE updates to be responsive to the Housing Element and the update would be informed by the comprehensive analysis of the General Plan to identify any potential amendments to the LUCE that may be necessary for the implementation of the Housing Element. Further, undertaking an update to the Housing Element, which has important state mandated deadlines, while also undertaking a comprehensive LUCE update, would not be possible with existing staff resources.

Given the recommended sequencing of the LUCE after the Housing Element update, staff recommends postponing the study session regarding scoping of the LUCE to early 2029 after the Housing Element update has been completed.

Item 6d
Previous Council or Advisory Body Action
On November 17, 2020, City Council adopted the 6
th Cycle Housing Element
(Resolution).

Public Engagement
This item is on the agenda for the October 20, 2026, City Council meeting and will follow all the required posting and notification standards. Public comment can be provided to the City Council through written correspondence submitted prior to the meeting and through public comment during the meeting. The Request for Proposals will be advertised pursuant to all City purchasing guidelines.

CONCURRENCE
The Finance Department, City Attorney’s Office, and Office of Sustainability have reviewed the Request for Proposals and approved its content.

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

FISCAL IMPACT
Budgeted: Yes Budget Year: 2025-27
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $150,000 $150,000 $ $
State
Federal
Fees
Other:

Total $150,000 $150,000 $
Staff has secured $150,000 of FY2025-26 carryover funding to use towards the Housing Element update. In discussion with other jurisdictions, staff estimates that the total cost of the Housing Element update could cost approximately $300,000. Staff will request the additional funds necessary to fund the entire Housing Element update through the next budget cycle process.

Item 6d

ALTERNATIVES

1. Do not approve issuance of the Request for Proposals for the 7th Cycle Housing Element Update. This option would require CDD staff to prepare the 7th Cycle Housing Element Update, which is an intensive process requiring significant data analysis, policy and program writing, public outreach, and coordination with the State.

CDD does not have the staffing resources necessary to prepare the update in the timeline required by the State.

2. Defer consideration of the request. This option would delay issuance of the Request for Proposals and selection of a consultant to prepare the 7th Cycle Housing Element Update. This would negatively impact the project schedule and potentially lead to the City missing the deadline set by the State to certify the update.

3. Combine the LUCE update with the 7th Cycle Housing Element update. This alternative is not recommended, as it does not follow the logical sequencing of the Housing Element update prior to the LUCE update. The Housing Element update will inform any updates to the LUCE that are needed. Additionally, adding in the LUCE update could impact the ability of the City to get the Housing Element certified by the state before the deadline at the end of 2028. Staff and consultant resources would be further strained by adding the LUCE scope to this item.

ATTACHMENTS
A - Draft Request for Proposals (RFP) for Housing Element Update

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

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

Notice Requesting Proposals the City’s 7
th Cycle Housing Element Update
The City of San Luis Obispo is requesting sealed proposals for the City’s 7th Cycle Housing Element Update.

All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidNet Direct.

All proposals must be received via BidNet Direct by November 17, 2026 at 3 p.m., when they will then be opened electronically via BidNet Direct on the proposal end date and time.

The preferred method for bid submission is electronic via BidNet Direct. However, if you wish to submit a paper copy, please submit it in a sealed envelope plainly marked “Proposal for the City’s 7th Cycle Housing Element Update,” to the Department of Finance, at 990 Palm Street, San Luis Obispo, CA, 93401, at or before 3pm on November 17, 2026.

Project packages and additional information may be obtained at the City’s BidNet Direct website at www.BidNetDirect.com.

For technical help with BidNet Direct, please contact BidNet Direct tech support at 800-835-4603. For any questions regarding the City’s Housing Element Update, please contact David Amini, Housing Coordinator at [email protected] or (805) 781-7524.

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TABLE OF CONTENTS
A. INTRODUCTION......................................................................................................................................... 2 B. SCOPE OF WORK ....................................................................................................................................... 2 C. PROJECT SCHEDULE .................................................................................................................................. 9 D. GENERAL TERMS AND CONDITIONS....................................................................................................... 10 E. SPECIAL TERMS AND CONDITIONS.......................................................................................................... 12 F. PROPOSAL CONTENT REQUIREMENTS....................................................... Error! Bookmark not defined.

EXHIBIT A : FORM OF AGREEMENT............................................................................................................. 19 EXHIBIT B: INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES……………………………………………….. 28

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A. INTRODUCTION
The City of San Luis Obispo seeks proposals from qualified consulting firms to prepare the City’s Seventh Cycle Housing Element Update for the 2029-2036 planning period. Through this process, the City seeks to expand housing opportunities for all, promote diversity, equity, and inclusion, further fair housing outcomes, and advancing City goals related to greenhouse gas emissions reductions and community resiliency.

As a Prohousing designated jurisdiction by the state, the City leads the region in innovative housing policies and programs. The City has successfully facilitated the development of 3,190 units during the current Housing Element Cycle, 719 of which are deed-restricted affordable units, and is focused on providing a variety of housing types for community members.

The selected consultant shall demonstrate relevant expertise, experience, and an approach that reflects a clear understanding of the State Housing Element requirements and the City’s major goals and commitment to housing and the creation of a sustainable community.

The completed Housing Element must meet all statutory requirements, be consistent with the City’s General Plan, achieve certification from the California Department of Housing and Community Development (HCD) by December 2028, and include relevant environmental compliance documentation pursuant to the California Environmental Quality Act (CEQA).

The City’s General Plan and 6
th Cycle Housing Element is available here:
https://www.slocity.org/government/department-directory/community-development/planningzoning/general-plan/. Past General Plan Annual Reports can be found here:
https://www.slocity.org/government/department-directory/community-development/planningzoning/general-plan B. SCOPE OF WORK
The following outlines the required tasks and responsibilities of the consultant for completion of the 7th Cycle Housing Element Update. The consultant shall conduct public outreach, prepare all required technical analyses, draft and finalize Housing Element documents, and environmental documentation, and support the City through the State review process, including submittal to HCD, coordination during HCD’s review, and preparation of revisions necessary to achieve certification.

Each proposal shall include a detailed schedule and cost estimate that identifies the projected timeline, staffing hours, and cost for completing each task listed below. Proposals should emphasize the ability to deliver these tasks efficiently and within the proposed timeframe.

Project Management and Coordination
The consultant shall provide overall project management, coordination, and quality control throughout preparation of the 7th Cycle Housing Element Update. This task includes project budget management, schedule management, and coordination between the consultant and City staff across multiple departments including meetings, phone conferences, email exchanges, and other communications to ensure timely delivery, adoption, and certification of the City’s updated Housing Element. Proposals should identify the number of meetings anticipated and expectations for jurisdictional staff. Strategies or practices to ensure clear and timely communication and effective project coordination should be

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described. Strategies for ensuring coordination with HCD over the course of the project should also be addressed, as needed.

Deliverables:
 Project schedule and task-level budget, updated monthly  Kick-off meeting and regular coordination meetings between City staff and consultant (number to be identified by consultant)
 Consultant kick-off meeting notes, coordination meeting notes, and monthly project manager meeting notes
 Monthly (Quarterly?) status report identifying work completed, upcoming activities, deliverable status
Community Outreach / Public Participation
Consultant shall develop a comprehensive community outreach program that effectively reaches, educates and engages the community throughout the Housing Element update. The program shall include strategies to ensure broad inclusion and equitable participation, particularly of hard-to-reach groups and special needs populations, with special attention given to communicating information so it is accessible and easy to understand. The intent of the outreach effort is not just to inform the public, but to engage key stakeholder groupsto provide expertise and support towards Housing Element policies and programs.

Outreach shall begin early in the process and continue throughout the project. . At a minimum, outreach shall solicit and document public input regarding housing needs, constraints, draft ideas, site options, the draft Housing Element, and environmental review documents.

The consultant will conduct workshops, develop surveys, engage with community groups such as the Developer’s Roundtable, Chamber of Commerce, and collaborate with the City’s DEI and Communications teams to ensure effective public outreach.

Deliverables:
 Draft and final community outreach program (PDF file)  Attendance at meetings of established groups such as Developer’s Roundtable and the Chamber of Commerce
 Attendance at community engagement meetings and efforts (could include booths at Farmer’s Market or other community events)
 Attendance lists for public outreach meetings
 List of comments/feedback from in-person meetings and online tools  Technical Memo(s) documenting Public Outreach Efforts  Notification list and ongoing management of list
 Presentation materials
 Marketing information and material to be distributed to the City’s website  Community engagement survey questions
Housing Needs Analysis
Utilizing public input from outreach efforts described above, City-provided information, and various data sources (California Department of Finance, US Census and American Community Survey, etc.), the consultant will prepare an analysis per the requirements of Government Code 65583(a) to understand:

1. Population, employment, and demographic trends;

2. Household characteristics, including cost burden and housing overcrowding;

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3. Existing housing needs;

4. Housing needs, including special needs housing, missing middle housing, and low-income housing;

5. Subsidized housing developments with expiring contracts;

6. Projected housing needs for all income levels to address the 7th Cycle RHNA including historic and projected housing production.

Deliverables:
 Draft and final Housing Needs Analysis Memo evaluating housing needs, demographic and economic trends, data limitations, and implications for the Housing Element. The final memo shall include supporting tables, charts, source citations, assumptions, and appendices or electronic source files sufficient for the City to verify the analysis.

Constraints Analysis
The consultant shall identify and analyze potential and actual governmental and non-governmental constraints consistent with the requirements of Government Code 65583(a)(5) and 65583(a)(6) to the maintenance, improvement, or development of housing for all income levels, including housing for people with disabilities. The analysis should identify the specific standards and processes of these constraints and evaluate their impact on the supply and affordability of housing. The Constraints Analysis from the 6th Cycle Housing Element should serve as a starting point for this effort.

The analysis should distinguish between constraints within the City’s control, and constraints imposed by regional, or state regulatory standards pose an actual constraint and must also demonstrate efforts to remove constraints that hinder a jurisdiction from meeting its housing needs. For constraints within the City’s control, the consultant shall identify potential actions, programs, or amendments to reduce or remove the constraint.

The consultant shall analyze development standards – including setbacks, lot coverage, minimum lot size and width, height limits, and parking requirements – to assess whether they constrain housing affordability, infill development, or the City’s ability to accommodate a range of housing types, and identify opportunities to modify these standards, to support infill housing, affordability, and walkable neighborhoods. Review existing zoning regulations, housing approval processes, permit procedures, infrastructure constraints, environmental constraints, market conditions.

The consultant shall identify and evaluate potential amendments to the General Plan and zoning code that could support context sensitive infill housing, missing middle housing types, and redevelopment in appropriate locations.

Deliverables:
 Constraints Analysis
o inventory of governmental and nongovernmental constraints; o supporting data and documentation;
o Identification of whether each constraint is within the City’s control; and o Recommended programs, amendments, or other actions to reduce or remove identified constraints.

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Affirmatively Furthering Fair Housing (AFFH) Analysis
The consultant shall prepare an AFFH analysis consistent with Government Code 65583(c)(10), current HCD guidance, and all other applicable State requirements. The analysis shall evaluate patterns of segregation and integration, access to opportunity, disparities in housing needs and displacement risk in the community, barriers to housing choice, at the local and regional levels, and provide meaningful and implementable actions to address any identified fair housing issues.

The analysis shall identify and prioritize contributing factors associated with each identified fair housing issue and evaluate the relationship between the City’s proposed housing sites, policies, programs, and fair housing conditions. Based on this analysis, the consultant shall recommend specific, meaningful, and implementable actions to address identified fair housing issues. Each recommended action shall identify the intended outcome, responsible party, implementation timeframe, geographic focus where applicable, and measurable objective or performance metric.

The consultant shall document the data sources, assumptions, methodology, limitations, and community input used in the analysis and shall coordinate its findings and recommendations with the Housing Needs Analysis, Constraints Analysis, Sites Inventory, and proposed Housing Element programs.

Deliverables:
 AFFH Analysis
o Supporting data, maps, tables, and source documentation; o Analysis of local and regional fair housing patterns and conditions; o Identification and prioritization of contributing factors; o Evaluation of the relationship between housing opportunity sites and fair housing conditions;
o Summary of relevant community and stakeholder input; and o Recommended actions with responsible parties, implementation timeframes, geographic focus, and measurable objectives.

Sites Inventory and RHNA Capacity Analysis
The consultant shall prepare a comprehensive housing opportunity sites inventory and capacity analysis consistent with Government Code 65583(a)(3) and that demonstrates the City’s ability to accommodate its assigned RHNA (which is anticipated to be 3,000-4,500 units in the 7th Cycle) in each income category.

This task shall include:

1. Reviewing the prior-cycle sites inventory and determining the continued availability and realistic development capacity of previously identified sites;

2. Identifying and evaluating new opportunity sites;

3. Preparing a parcel-level inventory identifying applicable zoning, General Plan designation, existing use, acreage, development status, assumed density, realistic unit capacity, income category, and other relevant site characteristics;

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4. Identifying approved, proposed, or planned housing developments that may be credited toward the RHNA, together with the assumptions supporting any claimed capacity;

5. Evaluating whether existing zoning, development standards, infrastructure, environmental conditions, ownership patterns, and existing uses affect the availability or realistic capacity of identified sites;

6. Evaluating specific plan areas and other appropriate locations where changes in density, development standards, or land-use regulations could increase housing capacity;

7. Evaluating the geographic distribution of opportunity sites and coordinating the analysis with the AFFH Analysis;

8. Identifying any shortfall in capacity by income category and recommending zoning amendments, General Plan amendments, programs, incentives, or other strategies necessary to accommodate the RHNA; and

9. Maintaining sufficient supporting documentation to substantiate all site-selection and capacity assumptions.

Deliverables:
 Draft and final parcel-level Sites Inventory in editable spreadsheet;  Draft RHNA Capacity Analysis showing capacity by site, income category, and applicable planning area;
 Draft opportunity site maps;
 Capacity shortfall and implementation strategy;
 Inventory of pending and approved housing projects for credit toward RHNA.

Goals, Policies, Programs, and Quantified Objectives
The consultant shall evaluate the City’s existing Housing Element goals, policies, programs and quantified objectives and recommend which provisions should be retained, revised, replaced, or removed. The consultant shall develop proposed new or revised goals, policies, and programsto ensure compliance with State law and effective response to the housing needs, constraints and key priorities identified through the update process.

The consultant shall evaluate whether existing General Plan density standards constrain the City’s ability to accommodate its RHNA and facilitate infill housing consistent with State housing law and City climate goals as outlined in the Climate Action Plan.

Proposed goals, policies, programs, and objectives shall reflect priorities articulated through the community engagement process as well as ensuring internal consistency with other elements of the General Plan.

The consultant shall identify amendments to other General Plan Elements, policies, or programs necessary to ensure internal consistency.

Each proposed Housing Element program shall identify, at a minimum, the specific implementation action, responsible City department or other responsible party, implementation timeframe, funding source where applicable, geographic applicability where relevant, measurable objective, and monitoring or

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reporting requirement. Recommendations shall distinguish between mandatory actions necessary for compliance and discretionary actions proposed to advance City priorities.

Deliverables:
 Evaluation matrix identifying each existing goal, policy, program, and quantified objective and recommending whether it should be retained, revised, replaced, or removed, with the basis for each recommendation;
 Implementation matrix identifying each program’s required action, responsible party, implementation deadline, funding source where applicable, measurable objective, and monitoring requirement;
 Draft and final memorandum identifying amendments to other General Plan elements, policies, or programs necessary for internal consistency with the Housing Element and applicable State law. The memorandum shall describe each proposed amendment, its purpose, responsible department, anticipated schedule, and relationship to the Housing Element.

Draft Housing Element and Public Hearings
The consultant shall prepare and submit an administrative draft Housing Element incorporating all required statutory components, technical analyses, findings, goals, policies, programs, and implementation measures necessary to satisfy State law and HCD requirements for jurisdictional staff review.

The City will provide a comprehensive set comments on the administrative draft. The consultant shall revise the administrative draft to address the City’s comments and identify any requested change that the consultant believes may create compliance concerns.

Once edits are complete, the consultant shall prepare a draft Housing Element that is made available to the public and presented to both the Planning Commission and City Council at public hearings. Based on public comments, Planning Commission and Council input, the consultant shall prepare a revised draft for the City review. Following City approval, the consultant shall prepare the complete HCD submittal package and support the City’s submission to HCD.

Deliverables:
 Administrative draft (Microsoft Word file), public review draft, and HCD review draft Housing Element (Microsoft Word and PDF files)
 Comment-response matrices documenting City comments, public comments, and Planning Commission and City Council direction
 Complete HCD submittal package, including the revised Housing Element, supporting technical documents, appendices, maps, data files, and other required materials  Meeting agendas, staff-support materials, and PowerPoint presentations in editable and PDF formats for each Planning Commission and City Council presentation  Meeting summaries documenting comments, questions, and direction received at each public meeting or hearing
 Final native and editable files for all supporting tables, maps, graphics, and appendices.  Preparation for and attendance at a minimum of two public meetings or hearings—one Planning Commission meeting and one City Council meeting. The proposal shall identify the number of included meetings and the cost for additional authorized meetings.

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Ongoing Engagement and Consultation with HCD
The consultant shall support the City’s engagement with HCD throughout the housing element update and certification process. This will include establishing regular meetings with the HCD reviewer, and corresponding with HCD on behalf of the City. The consultant shall not submit correspondence, revised Housing Element materials, or other substantive materials to HCD without the City’s prior approval, unless otherwise authorized in writing by the City. Consultant will ensure that HCD adheres to their published review timelines during review of the draft and final Housing Element. The consultant shall not be responsible for delays caused solely by HCD; however, the consultant shall remain responsible for timely and complete responses to HCD comments and for correcting deficiencies attributable to the consultant’s work.

Engagement with HCD shall continue through completion of the HCD review process and the City’s receipt of HCD’s final written findings on the adopted Housing Element, subject to the terms and duration of the Agreement.

Final Draft Hearings, Final Adoption and Certification
The consultant shall work closely with HCD and City staff to respond to any comments and produce a final draft Housing Element for adoption. The consultant shall maintain a comment-response matrix documenting each HCD comment, the proposed response, resulting revisions, and any issue requiring City direction. Corrections arising from errors, omissions, or deficiencies in the consultant’s work shall be completed without additional compensation. The consultant shall prepare for present to the Planning Commission and City Council at public meetings.

Following adoption, the consultant shall prepare the final Housing Element, including incorporating all approved changes from the public hearings, and submit to HCD for final certification as well as the water/sewer district and the California Office of Land Use and Climate Innovation.

Deliverables:
 Draft final , adopted, and HCD reviewed Housing Element (Microsoft Word and PDF files);  Meeting agendas, staff-support materials, and PowerPoint presentations in editable and PDF formats for the Planning Commission and City Council meetings.  Preparation for and attendance at one Planning Commission hearing and one City Council adoption hearing.
 Complete post-adoption HCD submittal package, including the adopted Housing Element, resolutions, supporting documents, comment-response materials, and other required files.  Final submittal packages for water/sewer district, and the California Office of Land Use and Climate Innovation.
 Attendance at between two to six public meetings (Planning Commission and City Council).  Final HCD certification package.

Environmental Review and CEQA Compliance

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The Consultant shall evaluate and prepare appropriate environmental documentation necessary to support adoption of the 7th Cycle Housing Element Update pursuant to CEQA. The Consultant shall determine the appropriate CEQA approach, evaluating potential streamlining and tiering opportunities.

The Consultant shall evaluate potential impacts related to land use, population and housing, transportation, air quality, greenhouse gas emissions, biological resources, cultural resources, utilities, public services, hazards, noise, aesthetics, and all other applicable CEQA resource areas.

The Consultant shall be responsible for preparing all required CEQA documents, within the City-approved scope, and shall support environmental noticing, responses to comments, and adoption procedures.

Deliverables:
 Initial Study
 Administrative Draft Environmental Document (i.e. Mitigated Negative Declaration or Environmental Impact Report as appropriate)
 Public Review Draft
 Recommended Mitigation Measures and Monitoring Report, if applicable  Notice of Intent, Notice of Availability, Response to Comments  Final Environmental Document
 Notice of Determination
C. PROJECT SCHEDULE
Request for Proposals Timeline
Request for Proposals Issued October 27, 2026
Last day for questions/clarifications November 6, 2026
City Response to questions/clarifications due November 10, 2026 RFP Submittal Deadline November 17, 2026
Interviews December 8, 2026
Notification of Intent to Award December 16, 2026
Agreement Execution January 13, 2027
Important Dates Milestones
December 2027  City review of administrative draft Housing Element and supporting documents
March 2028  Review of draft Housing Element by Planning Commission April 2028  Review of draft Housing Element by City Council May 2028  Submission of City-approved draft Housing Element to HCD May-November 2028  Staff and Consultant review HCD comments, incorporate changes into final draft for adoption
November 2028  Review of final Housing Element by Planning Commission and City Council
December 2028  Final certification by HCD on or before this date.

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E. GENERAL TERMS AND CONDITIONS

PROPOSAL REQUIREMENTS

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

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

Proposal documents shall be submitted electronically via BidNet. However, if you can’t submit electronically, please email a copy to the contacts listed in the RFP package, if you can’t email it, please send a copy in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening.

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

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

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

No proposal received after the time specified or at any place other than that stated in the “Notice Inviting Bids/Requesting Proposals” will be considered.

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

7. Communications. All timely requests for information and questions shall be submitted in writing by the deadline and through the method specified in this RFP. Only a written addendum issued

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by the City may modify the requirements of this RFP. Oral statements and other informal communications shall not bind the City.

8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations, request clarification, negotiate scope or compensation, and accept the proposal determined to provide the best value to the City. See the proposal evaluation section evaluation and contract award criteria.

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

10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written Professional Services Agreement contract with the City within ten (10) calendar days after notice of the award. The contract shall be made in the form adopted by the City and incorporated in these specifications. Any proposed modifications to the City’s contract shall be submitted with the bidder’s proposal and may be factored into the City’s decision to award the contract.

CONTRACT PERFORMANCE

11. The City’s contract terms and conditions that Consultant will be expected to execute and be bound by are attached hereto as Exhibit A.

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F. SPECIAL TERMS AND CONDITIONS

1. Contract Award. The contract will be awarded to the responsive and responsible proposer whose proposal the City determines provides the best value based on the evaluation criteria stated in this RFP. Award is subject to successful negotiation and execution of the City’s Professional Services Agreement.

2. Labor Actions.

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

3. Failure to Accept Contract.

The following will occur if the proposer to whom the award is made fails to execute the Agreement, provide required insurance documents, or satisfy another condition of award within the time specified by the City, the City may withdraw the award and proceed with another proposer. The City is not required to select the next highest-ranked proposer.

5. Contract Term.

The supplies or services identified in this specification are anticipated to be used by the City for 22 months. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal.

6. Contract Extension.

The term of the contract may be extended by written amendment when necessary to complete the approved services, respond to delays outside the parties’ reasonable control, or perform additional services authorized by the City. An extension of time shall not automatically entitle the consultant to additional compensation.

7. Contractor Invoices.

The Contractor may deliver either a monthly invoice to the City with attached copies of detail invoices as supporting detail, or in one lump-sum upon completion.

Non-Exclusive Contract. The Agreement is nonexclusive. The City may obtain related or supplemental services from other consultants when the City determines that doing so is in its best interest. The consultant shall reasonably cooperate and coordinate with City staff and other City consultants.

8. Delivery. The consultant’s fee shall include delivery of all work products identified in the Scope of Work. Deliverables shall be provided electronically in the required editable and publication-ready formats. Printing, mailing, travel, and other reimbursable expenses shall be included in the proposed fee unless separately identified and approved by the City.

9. Start and Completion of Work. Work shall begin only after the City issues a written notice to proceed. The consultant shall complete the services in accordance with the approved project schedule and contract term. The consultant shall promptly notify the City in writing of any

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anticipated delay and provide a proposed recovery plan. No extension of time or increase in compensation shall be effective without prior written City authorization.

10. Change in Work. The City may direct changes to the approved services by written amendment or other written authorization permitted under the Agreement. Before performing changed work, the consultant shall submit a written proposal describing the revised scope, deliverables, staffing, schedule effect, and compensation. The consultant shall continue performing unaffected services while a proposed change is under review. Corrections of errors, omissions, inconsistencies, or deficiencies in the consultant’s work are not additional services and shall be completed without additional compensation.

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

12. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package.

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PROPOSAL CONTENT

1. Proposal Content. Your proposal must include the following information:

Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three firms for whom you have provided similar services.

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

Work Program
h. Description of the proposer’s understanding of the project objectives, key issues, risks, dependencies, and proposed approach to completing each task and deliverable in the Scope of Work
i. Detailed project schedule showing tasks, subtasks, deliverables, City review periods, public meetings, HCD review periods, environmental-review activities, dependencies, critical-path activities, and responsible personnel
j. Staffing plan showing the estimated hours of each proposed individual and subconsultant by task and deliverable.
k. Detailed cost proposal showing labor hours, billing rates, labor costs, subconsultant costs, reimbursable expenses, contingency or allowance amounts, optional services, and total not-to-exceed compensation by task and deliverable
l. Specific services, data, decisions, review periods, meeting support, and other resources the proposer assumes will be provided by the City.
m. Services and deliverables provided by the Consultant(s). n. Any other information that would assist us in making this contract award decision. o. Description of assumptions critical to development of the response which may impact cost or scope.

Requested Changes to Terms and Conditions
p. The City desires to begin work soon after selecting the preferred Consultant and expects the Consultant to execute the City’s contract and all of the terms therein, as set forth in Exhibit A. To expedite the contracting process, each submittal shall include requested

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redlined changes to terms and conditions, if necessary. Please be advised that Consultant’s requested changes to the City’s terms and conditions will be considered by City staff when scoring and determining the competency and responsibility of the proposer.

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

2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and evaluated on the following criteria:

Criteria Points
Project understanding and proposed approach
Firm experience and performance on comparable projects
Qualifications, experience, roles, and availability of
proposed personnel
Work plan, schedule, project controls, and quality assurance Cost, level of effort, and overall value
Proposal quality, references, contract exceptions, and
overall project risk
Commitment to climate action and sustainable business
practices
a. Understanding of the work required by the City. Demonstrated understanding of the project objectives, required services, regulatory process, major risks, dependencies, and City priorities; and the quality, feasibility, and completeness of the proposed approach. b. Quality, clarity and responsiveness of the proposal. Relevant experience successfully completing comparable California housing-element, public-outreach, HCD-coordination, and environmental-review assignments. Consideration may include project outcomes, timeliness, budget performance, and client references
c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. Qualifications, relevant experience, assigned roles, demonstrated availability, and continuity of the proposed project manager, key personnel, and subconsultants.
d. Work Plan. Quality and feasibility of the proposed work plan, task-level schedule, staffing allocation, quality-control process, communication procedures, HCD-comment tracking, and methods for managing schedule, budget, and project risk.

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e. Cost and Overall Value. Reasonableness and completeness of the proposed fee, staffing hours, billing rates, task allocation, assumptions, optional-service pricing, and overall value offered to the City. The lowest-priced proposal will not necessarily receive the highest score.
f. Work Plan and Project Controls. Quality and feasibility of the proposed work plan, tasklevel schedule, staffing allocation, quality-control process, communication procedures, HCD-comment tracking, and methods for managing schedule, budget, and project risk. g. Information about how your company mitigates the environmental impact of its services, such as greenhouse gas emissions, amount of waste generated, water and energy use, or other areas related to your products and services.

As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. The City intends to select the proposer whose qualifications, approach, personnel, work plan, cost, and contractual risk provide the best overall value to the City.

After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. If the City cannot reach an acceptable agreement, it may terminate negotiations and begin negotiations with another proposer. The City reserves the right to reject all proposals, cancel the procurement, or make no award.

3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award:
a. Issue RFP October 27, 2026
b. Receive proposals November 17, 2026
c. Complete proposal evaluations January 4, 2027
d. Conduct finalist interviews and finalize recommendation January 11, 2027 e. Execute contract February 9, 2027
f. Start work February 9, 2027

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

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

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

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

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

ALTERNATIVE PROPOSALS

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

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

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

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

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

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EXHIBIT A

CITY OF SAN LUIS OBISPO

PROFESSIONAL SERVICES AGREEMENT
This agreement (Agreement) is made and entered into in the City of San Luis Obispo on ________ by and between the City of San Luis Obispo, a municipal corporation and charter city (City) and ________, hereinafter referred to as Contractor (collectively referred to as the “Parties”).

WITNESSETH:

WHEREAS, on _______, City requested proposals for Notice Requesting Proposals the City’s 7th Cycle, and;
WHEREAS, Contractor is qualified to perform this type of Services and has submitted a written proposal to do so, which has been accepted by City; and NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the Parties hereto agree as follows:

1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance and completion of said Services, whichever occurs sooner.

2. INCORPORATION BY REFERENCE. City Notice Requesting Proposals the City’s 7th Cycle and Contractor’s proposal are hereby incorporated in and made a part of this Agreement, attached as Exhibit A. The City’s insurance requirements are hereby incorporated in and made part of this Agreement, attached as Exhibit B. To the extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s terms and conditions as stated herein, the City’s terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both Parties.

3. CITY’S OBLIGATIONS. For providing services as specified in this Agreement, and upon receipt of an invoice, City will pay and Contractor shall receive compensation as set forth in Contractor’s proposal and pursuant to the Payment Terms set forth in paragraph 14 of the Agreement.

4. CONTRACTOR’S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement including that work as set forth in Exhibit A.

5. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that Contractor is required to pay.

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

7. COMPLIANCE WITH LAW. The Contractor shall keep itself informed of and shall observe and comply with all applicable State and Federal laws and regulations, and county and City of San Luis

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Obispo ordinances, regulations and adopted codes, which in any manner affect those employed by Contractor or in any way affect the performance of the Services pursuant to this Agreement.

The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement.

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

9. INDEPENDENT CONTRACTOR.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor.

The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement.

Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. c. Contractor’s duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/Contractor shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.

10. PRESERVATION OF CITY PROPERTY. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from Contractor’s operations, it shall be replaced or restored at Contractor’s

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expense. The City’s facilities shall be replaced or restored to a condition as good as when the Contractor began the work.

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

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

13. WORK SCHEDULED/TIME OF COMPLETION.

City and Contractor agree that time is of the essence in this Agreement. City and Contractor further agree that Contractor's failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and Contractor agree that any failure to perform by Contractor at or within the times set forth herein shall result in liquidated damages for each and every day such performance is late or delayed. City and Contractor agree that such sum is reasonable and fair.

Furthermore, City and Contractor agree that this Agreement is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code.

14. PAYMENT TERMS. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). Contractor will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Final June invoices shall be received no later than the 5th business day of July to meet City fiscal year-end deadlines. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice, therefore.

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

16. RELEASE OF INFORMATION.
a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or subcontractors, shall not, without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under

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this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Contractor is prohibited by law from informing the City of such Discovery. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is averse to Contractor in such proceeding, Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to Discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

17. OWNERSHIP OF DOCUMENTS.
a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of the Services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services under this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Contractor hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Contractor in the course of providing the Services under this Agreement.

18. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Contractor shall indemnify, defend,

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and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, including the City’s passive negligence, except for such loss or damage arising from the sole or active negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees the ir costs of defense, including reasonable legal fees, incurred in defense of such claims. The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section survives the completion of the services or the termination of this contract. The provisions of this section are not limited by and do not affect the provisions of this contract relating to insurance.

Contractor’s indemnification obligations under this section extend to any claims arising out of or related to the negligence, recklessness, or willful misconduct of any sub-Contractors/ subcontractors.

19. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least thirty (30) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 14.

20. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a ten (10) calendar day notice of time thereafter in which to perform said work or cure the deficiency.
a. If the Contractor has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a breach of the Agreement and the City may terminate the Agreement immediately by written notice to the Contractor to said effect (“Notice of Termination”). Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the Agreement except to comply with the obligations upon termination.
b. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods

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or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work or services performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the work-in-progress in completing the overall scope.
c. The City reserves the right to delay such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the not to exceed amount shown in this Agreement.

21. INSURANCE. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and made part of this Agreement.

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

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

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

25. UNDUE INFLUENCE. Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

26. ASSIGNMENT. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. a. As required above, before retaining or contracting with any subContractor for any services under this Agreement, City must consent to such assignment of performance in writing. For City to evaluate such proposed assignment, Contractor shall provide City with the identity of the proposed subContractor, a copy of the proposed written contract between Contractor and such subContractor, which shall include an indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subContractor carries insurance at least equal to that required by this Agreement or obtain a written waiver from City for such insurance.

27. AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the appropriate review authority according to

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the City’s Financial Management Manual. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized by the City in advance and in writing.

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

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

To City:

To Contractor:

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

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

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

CITY CONTRACTOR
_______________________________ _______________________________ APPROVED AS TO FORM:

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_______________________________
By: J. Christine Dietrick, City Attorney

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EXHIBIT A
[Placeholder for RFP/RFQ/IFB and Contractor’s Proposal]

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EXHIBIT B

INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below, and in a form satisfactory to CITY.

General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage.

The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONTRACTOR agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;  Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or

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subContractors.

Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or selfinsurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments.

In the alternative, CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subContractors.

Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONTRACTOR agrees to ensure that its subContractors, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR,

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provide the same minimum insurance coverage and endorsements required of CONTRACTOR.

CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with Contractors, subcontractors, and others engaged in the project will be submitted to CITY for review.

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

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

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

Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage, as well as endorsements effecting general liability coverage. All endorsements are to be received and approved by the City before work commences.

Item 6e
Department: Community Development
Cost Center: 4003
For Agenda of: 10/20/2026
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Rachel Cohen, Principal Planner
SUBJECT: REQUEST FOR QUALIFICATIONS FOR PLANNING, ENVIRONMENTAL,

AND FINANCIAL SERVICES

RECOMMENDATION

1. Authorize a Request for Qualifications for on-call planning, environmental, and financial services to supplement Community Development Department resources; and

2. Authorize the Community Development Director to execute the agreements associated with the selected consulting firms; and

3. Authorize the Finance Director to execute and amend Purchase Orders for individual consultant service contracts in amounts not-to-exceed the authorized project budget as approved by the Community Development Director.

POLICY CONTEXT
On-call consultants ensure that development projects that support multiple City objectives are processed in a timely manner. Obtaining on-call consultants is supported by the Housing and Neighborhood Livability - Healthy, Safe and Affordable and Cultural Vitality, Economic Resilience, and Fiscal Sustainability Major City Goals as well as the City’s General Plan, specifically implementation of the Land Use and Housing Elements. In addition, San Luis Obispo Municipal Code Section 3.24.070(C) requires that the selection for services provided by professional consultants must be selected from an approved list of on-call consultants that is established by a formal request for qualifications (RFQ) approved by City Council.

DISCUSSION
Background
The Community Development Department is due to update its list of on-call consultants, specifically consultants who specialize in planning, environmental and financial services.

The list was last updated in 2021 and per the City’s Municipal Code Section 3.24.070(C), a Request for Qualifications (RFQ) are to be conducted at least every five years for oncall consulting services. On-call consultants support multiple City goals and objectives including the Housing and Neighborhood Livability - Healthy, Safe and Affordable and

Item 6e
Cultural Vitality, Economic Resilience, and Fiscal Sustainability Major City Goals as well as the Land Use and Housing Elements. The RFQ will require consultants to possess a unique skill set and understanding of policies and standards found in the City’s General Plan and Municipal Code and compliance with the California Environmental Quality Act (CEQA). The review of planning applications is based on the City’s General Plan, Municipal Code, Community Design Guidelines and adopted Specific and Area plans, so firms must be knowledgeable about or become familiar with regulations, ordinances, policies and guidelines that are unique to the City of San Luis Obispo and reflect the community’s values.

Consultants add additional resources during periods when there is a high number of projects of complex projects are proposed, and when activity outpaces available City resources to timely process permits and large project entitlements. Consultants are also needed to complete CEQA or financial analysis for projects, which often require unique professional skillsets that City staff members may not have. Moreover, consultants can help ensure that high profile projects that support multiple City objectives are processed in a timely manner.

City staff has used consultants successfully to process the San Luis Ranch Specific Plan and Avila Ranch Development Plan and associated entitlements and building permits, the East and West Airport area annexations, the Froom Ranch Specific Plan and associated annexation, CEQA determinations for numerous projects, and multiple use permits, development review, and subdivision applications. Staff works directly with consultants to ensure that institutional knowledge is communicated to the consultant team, projects meet adopted City land use policies and standards, and continuity is maintained after the consultant has completed the project.

The RFQ Process
The RFQ will solicit proposals from interested consultants stating their qualifications, experience, and approach for timely processing of planning applications, entitlements, financial analysis, and CEQA documentation (Attachment A). After evaluating proposals, the top consultants will be selected based on their ability to provide the requested services. Once the selected consultants have entered into an agreement with the City, these consultants will provide services for individual projects as needed.

The consultants will operate under the conditions of the agreement included in the RFQ.

For planning applications, individual work scopes and fees will be negotiated on a projectby-project basis. Once a project scope and fee are agreed to, the specific work will then be authorized via a Purchase Order through the Finance Department. Most of the contracts will be funded by project applicants, subject to a Planning Services Authorization and standard 30 percent administrative fee to cover City staff management and oversight of the consultant.

Item 6e
Previous Council or Advisory Body Action
On November 16, 2021, City Council authorized the previous 5-year on-call planning and environmental services request for qualifications to supplement Community Development Department resources.

Public Engagement
Public notice of this item included the posted agenda and associated agenda report.

Public engagement on individual projects will occur, consistent with City noticing requirements and the Public Engagement Manual.

CONCURRENCE
The City’s Finance Department concurs with the request.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, because the action does not constitute a “Project” under State CEQA Guidelines Section 15378.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2026 - 2027
Funding Identified: Yes
Fiscal Analysis:

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

Total $0 $0 $0 $0
Issuing an RFQ does not obligate any funds for consultant work. When the on-call agreements are executed by the Community Development Director and projects are identified requiring consultant services, Purchase Orders will be issued at the discretion of the Finance Director in an amount not-to-exceed the authorized project budget. As a result, no monies are expended to keep resources on standby and waiting for work opportunities to occur.

Item 6e

ALTERNATIVES

1. Deny the authorization of the RFQ and associated consultant agreements and Purchase Orders as requested and require that project specific Request for Proposals (RFPs) be issued for individual projects. The Council could direct staff to proceed in a more traditional fashion and require RFPs for each individual project.

Issuing RFPs for individual projects would be an ineffective and inefficient approach because project processing times would increase significantly and would require additional staff resources to prepare agenda reports for each request. The use of oncall consultant services is a more efficient and effective approach to reviewing projects in a timely manner.

2. Deny the authorization of the RFQ and associated consultant agreements and Purchase Orders as requested and require the use of in-house resources. The Council could direct staff to complete more of the work in-house. This would be a departure from current practice and would impact the ability of staff to provide timely review and processing of certain projects. The current recommendation calls for consultants to be used thoughtfully and strategically, achieving multiple City objectives when existing staff resources are exceeded. Furthermore, not all in-house staff have the training, expertise, or availability to complete some of the required work, such as Environmental Impact Reports (EIRs) and financial analyses. The ability to use consultants is critical to timely permit processing.

ATTACHMENTS
A - 2026 RFQ CDD On-Call Planning Consultants

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

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

Notice Requesting Qualifications for On-Call Planning, Environmental, and Financial Services The City of San Luis Obispo (City) is requesting qualifications from qualified planning, environmental, and/or economic and financial consultants to provide On-call Planning, Environmental, and/or Financial Services for the Community Development Department.

All statements of qualifications must be received via BidNet Direct by _______ at 3 pm PST, when they will then be opened electronically via BidNet Direct on the proposal end date and time. Late submittals will not be accepted.

The preferred method for bid submission is electronic via BidNet Direct. However, if you wish to submit a paper copy, please submit it in a sealed envelope plainly marked Notice Requesting Qualifications for On-Call Planning, Environmental, and Financial Services to the Department of Finance, at 990 Palm Street, San Luis Obispo, CA, 93401, at or before 3pm PST, on _______ Questions regarding this solicitation must be submitted through BidNet Direct by ____________. Please contact Rachel Cohen, Principal Planner at (805) 781-7574 or [email protected] with any questions.

Project packages, addenda, and additional information may be obtained at the City’s BidNet Direct website at www.BidNetDirect.com.

For technical assistance with BidNet, please contact BidNet technical support at 800-835-4603.

TABLE OF CONTENTS
A. INTRODUCTION................................................................................................................................ 1 B. SCOPE OF WORK .............................................................................................................................. 1 C. GENERAL TERMS AND CONDITIONS ................................................................................................ 2 D. SPECIAL TERMS AND CONDITIONS .................................................................................................. 3 E. PROPOSAL SUBMITTAL REQUIREMENTS ......................................................................................... 4 F. ADDITIONAL SERVICES ..................................................................................................................... 7 G. SELECTION PROCESS ........................................................................................................................ 7 H. REFERENCES..................................................................................................................................... 8 I. STATEMENT OF PAST CONTRACT DISQUALIFICATIONS................................................................. 10 EXHIBIT A: FORM OF AGREEMENT.............................................................................................................. 11 EXHIBIT B: INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES.................................................... 19

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A. INTRODUCTION
The City of San Luis Obispo (City) wishes to obtain the services of professional planning, environmental, and/or economic and financial consulting firms (Consultants) to provide on-call planning, environmental, and/or financial services related to land use entitlement and permit processing, special planning projects, and California Environmental Quality Act (CEQA) compliance specifically for a governmental agency. Both comprehensive service and specialty consulting firms are invited to apply. The selected firm(s) will be issued project-specific purchase orders, and projects will be assigned by the City’s Deputy Director of Community Development or their designee.

B. SCOPE OF WORK
For planning services, the scope of work may include (a) thorough review of planning applications, including initial reviews, completeness determinations, and overall project management; (b) meetings with staff and applicants; (c) preparation of staff reports and environmental review documentation; (d) presentations to decision makers; and (e) other related tasks. Projects may include development applications; legislative actions involving the General Plan, Specific Plans, Zone Changes, and/or Annexations; and special projects such as new or updates to programs and preparation of specialized analyses. The Consultant shall utilize employees within their firm who are qualified professional planners with the appropriate level of education and/or experience to prepare and complete the required project tasks and analysis within the City’s standard review timelines or other timelines determined by the Deputy Director or their designee.

For environmental services, the scope of work may include preparation of CEQA documentation such as Initial Studies, Negative Declarations/Mitigated Negative Declarations, and Environmental Impact Reports. In addition, the work may include preparation of independent technical reports, or peer review of applicant-provided technical reports, to support the environmental analysis and determination for resources including, but not limited to, aesthetics, air quality/greenhouse gas emissions, biological resources, cultural and historic resources, hazards, noise, tribal cultural resources, and wildfire. The Consultant shall utilize employees within their firm, or subconsultants, who are qualified professionals experienced in CEQA analysis, documentation, and statutory requirements, and have a general understanding and knowledge of CEQA case law.

For financial services, the scope of work may include the independent preparation, or peer review of, economic and financial feasibility and impact studies that accompany development projects; legislative actions involving the General Plan, Specific Plans, Zone Changes, and/or Annexations; and special projects such as fee updates. The Consultant shall utilize employees within their firm who are qualified professionals with experience in local government finances and economic analysis, including, but not limited to, land use, housing, and economic development policies and municipal financing strategies.

Dependent upon the scope of each specific project assigned, each project may vary in its specific review requirements. The Deputy Director or their designee will review with the consultant the specific work scope and processing timing of each project. The City shall provide the consultant with copies of the General Plan, Zoning Regulations, Subdivision Regulations, Community Design Guidelines, and other policy and regulatory documents, as necessary.

Projects shall be assigned at the sole discretion of the Deputy Director and the City. The City may use its own employees and/or other independent Consultants to perform reviews in addition to any such work assigned to Consultant. The volume of planning projects is dependent upon economic conditions that are

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outside the control of the City. Consequently, there is no guarantee provided as to the minimum or maximum volume of work that may be assigned to a Consultant within any given time period.

In the course of the project review process, the Consultant shall avoid situations involving an actual or potential conflict of interest, shall act as an agent and a deputy of the Deputy Director, and shall act in the interests of the City and the citizens of San Luis Obispo. Consultants shall provide no services for any private client within the corporate boundaries of the City during the contract period of the assigned project.

C. GENERAL TERMS AND CONDITIONS

PROPOSAL REQUIREMENTS

1. Requirement to Meet All Provisions. Each individual or firm submitting a statement of qualifications (proposer) shall meet all the terms, and conditions of this Request for Qualifications (RFQ).

By virtue submitting a response, the Proposer acknowledges agreement with and acceptance of all provisions of the RFQ specifications.

2. Proposal Submittal. Each response must be submitted with all required documents and supplemental materials identified in Section E of this RFQ. Proposal documents shall be submitted electronically via BidNet. However, if you can’t submit electronically, please send a copy in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, name of proposer, and date and time of proposal opening.

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

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

4. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, in accordance with the withdrawal procedures established in BidNet or by submitting a written request to the City’s designated procurement contact.

No response received after the time specified or at any place other than that stated in the Notice Requesting Qualifications will be considered.

5. Submittal of One Proposal Only. No proposer may submit more than one response as the prime proposer unless alternative responses are expressly requested. A firm participating as a subcontractor may be included on more than one proposer’s team unless this Solicitation states otherwise.

6. Communications. All timely requests for information must be submitted through BidNet Direct by the question deadline stated in this Solicitation. Responses affecting the interpretation or requirements of this Solicitation will be issued in writing through BidNet Direct. Oral statements or communications

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from City officials, employees, or representatives do not modify the Solicitation and are not binding on the City. Proposers shall not contact members of the evaluation committee or other City officials regarding this Solicitation except through the communication process identified above.

7. Proposal Retention and Award. The City reserves the right to retain all responses for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any response, , to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations, and to request clarification or additional information when determined appropriate by the City. See Section G, Selection Process, in this Solicitation for the evaluation and selection criteria.

8. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision. The City may consider the proposer’s professional qualifications, relevant experience, proposed personnel, available resources, financial capacity, references, past performance, and ability to satisfy the requirements of the Professional Services Agreement.

9. Contract Requirement. The Proposer to whom award is made (Contractor) shall execute a written contract with the City within the period specified in the City’s notice of award. The contract shall be substantially in the form of the Professional Services Agreement attached as Exhibit A.

CONTRACT PERFORMANCE

10. The City’s contract terms and conditionsthat Contractor will be expected to execute and be bound by are attached hereto as Exhibit A.

D. SPECIAL TERMS AND CONDITIONS

1. Contract Award. The City may award one or more contracts to qualified Proposers, based on the evaluation and selection criteria in Section G. Award will not be based solely on the lowest proposed price.

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

3. Failure to Accept Contract.

The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; ; and an award may be made to the next highest ranked, responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made.

4. Contract Term. The anticipated term of the Agreement is five-years, subject to the termination and extension provisions of the executed Agreement.

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5. Contract Extension. The City and Contractor may extend the term of the Agreement by mutual written agreement, subject to applicable authorization and the terms of the Agreement.

6. Additional Services. The Contractor shall not perform services outside the approved scope of work without prior written authorization from the City. Any additional services must be authorized in accordance with the amendment provisions of the Professional Services Agreement.

7. Contractor Invoices. Contractor shall submit invoices in accordance with the Professional Services Agreement. Unless otherwise specified, invoices shall be submitted monthly and shall identify the services performed, applicable tasks or deliverables, personnel and hours when relevant, reimbursable expenses, current charges, and total compensation billed to date.

8. Non-Exclusive Contract. The City reserves the right to obtain the same or similar professional services from other Contractors during the term of the Agreement. Unless expressly stated otherwise, the Agreement does not guarantee the Contractor a minimum amount of work.

9. Start and Completion of Work. Work on assigned projects shall begin after the City issues written authorization to proceed. The Contractor shall perform and complete the services in accordance with the schedule established in the Professional Services Agreement.

10. Change in Work. Changes to the scope, schedule, deliverables, or compensation must be authorized in writing in accordance with the Professional Services Agreement. The Contractor shall not perform additional or changed services based solely on an oral request or direction.

11. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFQ package in Section H.

12. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFQ package.

E. PROPOSAL SUBMITTAL REQUIREMENTS

1. Letter of Interest (Five page maximum). Please include in the submittal a letter that introduces the Consultant, expresses the Consultant's interest in being considered for on-call consulting services, and clearly identifies the applicable sub-area(s) of interest and expertise. The letter of interest should include all of the following:
a. Provide the name of the entity and its mailing address, telephone, and email address.

Please describe the organization.
b. Indicate that the Consultant has the availability and time to dedicate the personnel and resources necessary to provide on-call consulting services. c. Indicate that the Consultant has the minimum necessary professional qualifications for successfully performing the work required by the City.
d. Indicate the intention of the Consultant to adhere to the provisions described in the RFQ.

If selected to provide on-call consulting services, the Consultant will be expected to sign a Professional Services Agreement with the City.
e. Please identify the contact person responsible for the submittal, specifying the name, title, and contact information.

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f. Please note that the person signing the letter of interest must be a legal representative of the Consultant authorized to bind the Consultant to an agreement in the event of an award.

2. Relevant Experience of Key Personnel and the Firm (Ten page maximum) a. General Firm Information. General firm information including the number of employees, location of firm headquarters, branch offices, and the number of years in business may also be provided.
b. Key Personnel Experience. The submittal must identify the key personnel and any subconsultants that would be assigned if awarded a contract, detailing their qualifications, areas of expertise, certifications, education, training, a summary of their past experience performing similar services for the City of San Luis Obispo and/or other jurisdictions, resumes of key personnel, including key personnel of any subcontractors. c. Firm Experience. The submittal must describe the firm's pertinent project experience, including a list of performed relevant projects, past performance, and examples of similar work for the City or neighboring jurisdictions in California. Identified qualifications should include the Consultant’s experience in providing on-call planning, environmental, and/or financial services for local public agencies.
d. Work Program. Provide a brief narrative of the processes that will be employed to accomplish assigned tasks, for the service areas identified in the submittal, which may include land use entitlement review and management, special planning projects, preparation of CEQA documentation and economic feasibility review.

3. Fee Structure. Please include a clear and comprehensive fee schedule, including a detailed statement of hourly rates for all positions and classifications of individuals involved and reimbursable expenses.

4. Client References. Consultants must provide a minimum of three (3) client references using the form in Section H. Include a brief description of the project, provided professional services, and reference contact name, email, and phone number.

5. Qualifications Length and Copies. Qualifications submittal shall not exceed 60 pages, including attachments and supplemental materials. The preferred method for submission is electronic via BidNet. However, if you wish to submit a paper copy, please submit five (5) copies in a sealed envelope or box to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, California, 93401, by the deadline stated in the Notice Requesting Qualifications. The fivepage letter of interest limit and ten-page relevant experience limit apply within the overall 60- page limit.

6. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award:

Solicitation issued
Optional pre-proposal conference or site visit
Deadline for questions

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Addendum issued, if applicable
Proposals or statements of qualifications due
Evaluation of written responses
Interviews or presentations, if applicable
Execute Contract
Start Work

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

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

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

10. Required Deliverable Products. The Contractor will be required to provide:
a. The Contractor shall provide deliverables in the formats stated in the Scope of Work.

Unless otherwise specified, final written deliverables shall be provided electronically in accessible PDF format.

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

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

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F. ADDITIONAL SERVICES
If there are related services not otherwise identified in the City's RFQ, the Consultant may offer those to the City for consideration. Submittals are not required to address any additional services in order to be considered acceptable. Any additional services will be considered only under the evaluation criteria in Section G and must be authorized in writing before performance.

G. SELECTION PROCESS
Submittals received by the deadline will be reviewed by a selection panel comprised of City staff who have relevant knowledge and experience. The panel will score the proposals based upon the qualification materials submitted according to the following criteria:

1. Letter of Interest. Demonstrated capacity and qualifications necessary to provide the consulting services specified in the RFQ. Demonstrated ability to meet standard City contract and insurance requirements (Maximum 5 points).

2. Relevant Qualifications and Experience. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. Demonstrated ability, based on consultant experience and specific experience of key personnel, to provide professional assistance on the range and types of tasks listed in the RFQ. (Maximum 50 points)

3. Proposed Approach in Completing the Work. Demonstrated understanding of the work required by the City (Maximum 15 points)

4. Responsiveness to the RFQ. Presentation, completeness, responsiveness, and clarity of information provided. (Maximum 15 points)

5. Fee Structure. The Consultant's cost competitiveness and reasonableness (Maximum 15 points).

6. Client References. (Pass/Fail)
Total scores will range from zero to 100 points based on the criteria above. Client references will be evaluated on a pass/fail basis. The City may select one or more Consultants for Professional Services Agreements and placement on its list of qualified on-call planning, environmental, and economic and financial consultants. Selection and execution of an Agreement does not guarantee work. The City may conduct an additional competitive process among qualified Consultants before assigning individual projects. Services will be provided on an as-needed or on-call basis, subject to written project authorization.

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

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

Reference No. 1:

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

Reference No. 2:

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

Reference No. 3

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

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

Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________
Signature of Authorized Consultant Representative

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EXHIBIT A: FORM OF AGREEMENT

CITY OF SAN LUIS OBISPO

PROFESSIONAL SERVICES AGREEMENT
This agreement (Agreement) is made and entered into in the City of San Luis Obispo on _______, by and between the City of San Luis Obispo, a municipal corporation and charter city (City) and _________, hereinafter referred to as Contractor (collectively referred to as the “Parties”).

WITNESSETH:

WHEREAS, on _______, City requested Qualifications for On-Call Planning, Environmental, and Financial Services; and
WHEREAS, the City wants to engage Contractor for the services, (the “Services”); and WHEREAS, Contractor is qualified to perform this type of Services and has submitted a written proposal to do so, which has been accepted by City; and NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the Parties hereto agree as follows:

1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, for five (5) years

2. INCORPORATION BY REFERENCE. City RFQ for On-Call Planning, Environmental, and Financial Services and Contractor's proposal are hereby incorporated in and made a part of this Agreement, attached as Exhibit A. The City’s insurance requirements are hereby incorporated in and made part of this Agreement, attached as Exhibit B. To the extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s terms and conditions as stated herein, the City’s terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both Parties.

3. CITY’S OBLIGATIONS. For providing services as specified in this Agreement, and upon receipt of an invoice, City will pay and Contractor shall receive compensation as set forth in Contractor’s proposal and pursuant to the Payment Terms in Section 14 of this Agreement.

4. CONTRACTOR’S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement including that work as set forth in Exhibit A.

5. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that Contractor is required to pay.

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

7. COMPLIANCE WITH LAW. The Contractor shall keep itself informed of and shall observe and comply with all applicable State and Federal laws and regulations, and county and City of San Luis

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Obispo ordinances, regulations and adopted codes, which in any manner affect those employed by Contractor or in any way affect the performance of the Services pursuant to this Agreement.

The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement.

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

9. INDEPENDENT CONTRACTOR.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor.

The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement.

Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. c. Contractor/Contractor’s duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/Contractor shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.

10. PRESERVATION OF CITY PROPERTY. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from Contractor’s operations, it shall be replaced or restored at Contractor’s

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expense. The City’s facilities shall be replaced or restored to a condition as good as when the Contractor began the work.

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

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

13. PAYMENT TERMS. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). Contractor will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Final June invoices shall be received no later than the 5th business day of July to meet City fiscal year-end deadlines. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice, therefore.

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

15. RELEASE OF INFORMATION.
a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or subContractors, shall not, without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subContractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Contractor is prohibited by law from informing the City of such Discovery. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or

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similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is averse to Contractor in such proceeding, Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to Discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

16. CONFLICTS OF INTEREST. Contractor covenants that neither they nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the Services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subContractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Contractor and/or its subContractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.

17. OWNERSHIP OF DOCUMENTS.
a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of the Services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services under this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Contractor hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Contractor in the course of providing the Services under this Agreement.

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18. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, including the City’s passive negligence, except for such loss or damage arising from the sole or active negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees the ir costs of defense, including reasonable legal fees, incurred in defense of such claims. The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section survives the completion of the services or the termination of this contract. The provisions of this section are not limited by and do not affect the provisions of this contract relating to insurance. Contractor’s indemnification obligations under this section extend to any claims arising out of or related to the negligence, recklessness, or willful misconduct of any sub-Contractors/ subcontractors.

19. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least thirty (30) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 14.

20. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a ten (10) calendar day notice of time thereafter in which to perform said work or cure the deficiency.
a. If the Contractor has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a breach of the Agreement and the City may terminate the Agreement immediately by written notice to the Contractor to said effect (“Notice of Termination”). Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the Agreement except to comply with the obligations upon termination.
b. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received

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the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work or services performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the work-in-progress in completing the overall scope.
c. The City reserves the right to delay such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the not to exceed amount shown in this Agreement.

21. INSURANCE. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and made part of this Agreement.

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

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

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

25. UNDUE INFLUENCE. Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

26. ASSIGNMENT. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. a. As required above, before retaining or contracting with any subContractor for any services under this Agreement, City must consent to such assignment of performance in writing. For City to evaluate such proposed assignment, Contractor shall provide City with the identity of the proposed subContractor, a copy of the proposed written contract between Contractor and such subContractor, which shall include an indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subContractor carries insurance at least equal to that required by this Agreement or obtain a written waiver from City for such insurance.

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

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

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

To City: [DEPT]
City of San Luis Obispo
[ADDRESS]
Attention: City Clerk [change or remove if notices are to be sent to specific department]
To Contractor: Name
Mailing Address

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

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

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

CITY CONTRACTOR
_______________________________
By: [Name]
Its: [Title of City Manager or Department Head]
_______________________________
By: [Name]
Its: [Title]
APPROVED AS TO FORM:
_______________________________
By: J. Christine Dietrick, City Attorney

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EXHIBIT B: INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below, and in a form satisfactory to CITY.

General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage.

The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONTRACTOR agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;  Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all

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times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subContractors.

Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or selfinsurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments.

In the alternative, CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subContractors.

Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10)

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day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions.

Pass through clause. CONTRACTOR agrees to ensure that its subContractors, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR.

CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with Contractors, subcontractors, and others engaged in the project will be submitted to CITY for review.

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

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

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

Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Verification of Coverage. CONTRACTOR shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage, as well as endorsements affecting general liability coverage. All endorsements are to be received and approved by the City before work commences.

Item 6f
Department: Fire
Cost Center: 8503
For Agenda of: 10/20/2026
Placement: Consent
Estimated Time: N/A
FROM: Randy Harris, Fire Chief
Prepared By: Nicole Vert, Business Analyst
SUBJECT: APPROPRIATION OF CUPA AND ISA FUNDS FROM PREVIOUS YEARS

FOR EXPENDITURES DIRECTLY RELATED TO THEIR ACTIVITIES

RECOMMENDATION

1. Appropriate up to $71,000 for the Fire Department to use Certified Unified Program Agency (CUPA) Enforcement Funds for expenses directly related to CUPA activities; and

2. Appropriate up to $11,493.88 from the Instructional Service Agreement (ISA) between the Fire Department and Alan Hancock Community College for training related expenditures.

POLICY CONTEXT
The recommended actions are consistent with the City of San Luis Obispo’s Charter, which provides that the Council has sole responsibility for adopting the City budget and may amend or supplement the budget at any time after its adoption. After budget adoption, all supplemental appropriations from fund balance or working capital require Council approval.

The California Health and Safety Code Section 25404.1.1(i) provides that “all administrative penalties collected shall be paid to the CUPA (described more fully below) that imposed the penalty and shall be deposited into a special account that shall be expended to fund the activities of the CUPA in enforcing this chapter.” Section 2.4 of the Instructional Service Agreement (ISA) with Alan Hancock Community College entered into in July 2024 for mutual training benefits states “Agency shall use 100% of the money received as compensation for services under this contract for the purpose of providing the direct cost of instruction and training to the students enrolled in its courses.”” (Attachement B)

Item 6f

DISCUSSION
CUPA
In 1993, Senate Bill 1082 (Health and Safety Code Chapter 6.11) required the Secretary of the California Environmental Protection Agency (Cal/EPA) to establish a “unified hazardous waste and hazardous materials management” regulatory program (Unified Program). Counties in California were required to apply for CUPA certification by January 1, 1996. San Luis Obispo County complied and established the CUPA program in 1996.

CUPA programs consolidate permitting, inspections, reporting and enforcement for six environmental and hazardous materials programs. These six programs are Hazardous Materials Business Plans, Hazardous Materials Management Plans/Hazardous Materials Inventory Statement, Underground Storage Tanks, Hazardous Waste Generator and Hazardous Waste Treatment, Aboveground Petroleum Storage Act, and California Accidental Release Prevention.

The City is a participating member of the CUPA program and staffs an inspector to manage and carryout the program within the city. The inspector performs annual on-site inspections, issues permits, documents conditions, and verifies compliance. The program charges fees to the organizations being inspected and permitted to offset the cost of administering the program. Fines are assessed when noncompliance is found. Fines from noncompliance are not budgeted as this activity is unpredictable. The City has established a special fund for the collection of penalties. Funds in this account may be used for limited purposes directly related to CUPA activities, including, but not limited to, equipment and training. This fiscal year, it is recommended that the funds be appropriated for a replacement vehicle, out of town training, and equipment necessary for the CUPA inspector.

ISA
Community Colleges and public safety departments in California have the ability to enter Instructional Service Agreements with each other to create and track training specific to the industry that benefits both parties. Under this agreement certain categories of regular Fire Department training qualify for State reimbursement. Some of this training also qualifies for college credit. When employees participate in training that meets the college’s instructional requirements, they receive college credit and are counted as students in the college’s instructional program.

The college oversees academic requirements and reports eligible training to the State, while the Fire Department provides training facilities and personnel with the expertise to deliver the instruction. The Department tracks employee participation in eligible training, and the college submits the required information to the State at the end of each semester.

Both the college and the Department may receive reimbursement for eligible instructional costs. This reimbursement must be used to support the training program and cover the costs of providing the training.

The City of San Luis Obispo Fire Department established an ISA with Alan Hancock

Item 6f
College in July 2024. In FY 2025-26 the Fire Department received $11,493.88 from this agreement. The payments from the Spring semester arrives at the end of the fiscal year and cannot be expended prior to the end of the year. The funds have not been included in the budgeting process due delayed timing of the agreement and reimbursement amounts varying depending on qualifying training activities. To spend the revenue, department needs Council to appropriate the funds. The funds will be used for equipment used by the department for training activities that wears out from repeated use.

Previous Council or Advisory Body Action
On October 22, 1996 Council approved the County’s request for the City to be a Participating Agency in the CUPA program.

Public Engagement
This item is a consent item for the October 20, 2026, City Council meeting and will follow all required postings and notifications. The public will have an opportunity to comment on this item at or before the meeting.

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

FISCAL IMPACT
Budgeted: No Budget Year: 2026-27
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $11,493.88 $11,493.88 $0 $0
State
Federal
Fees
Other: CUPA
Enforcement
fund
$73,896 $71,000 $2,896 0
Total $85,389.88 $82,493.88 $2,896 $0
The CUPA fines fund currently has a balance of $73,896. As the CUPA inspector performs normal duties within the job, expenses arise that range from office supplies to travel or education. The enforcement fines can be used in a narrow scope of supporting

Item 6f
those activities and provide relief to City funds. The department is requesting to use up to, but not more than $71,000 this fiscal year for a replacement vehicle, equipment, and out of town training.

The Fire Department received $11,493.88 in ISA reimbursement funds during FY 2025-

26. This money is now in fund balance and staff’s recommendation is to appropriate the funding. As equipment is used for training purposes it wears out and is damaged. These funds will be used in accordance with the contract to replace training related equipment throughout the fiscal year.

ALTERNATIVES

1. Council could deny the budget appropriation requests. Denial will delay purchases of equipment related to and necessary to complete training and CUPA related duties.

ATTACHMENTS
A - Draft resolution authorizing appropriation of CUPA enforcement fund and ISA funds B - ISA agreement with Alan Hancock College

R ______
RESOLUTION NO. _____ (2026 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING APPROPRIATION OF $71,000

FROM THE CERTIFIED UNIFIED PROGRAM AGENCY (CUPA)
ENFORCEMENT FUND, AND UP TO $11,493.88 FROM

INSTRUCTIONAL SERVICES AGREEMENT REIMBURSEMENT
WHEREAS, the City of San Luis Obispo is a full-service fire protection agency, that provides Hazardous Materials inspection and regulation enforcement; and WHEREAS, the Fire Department conducts ongoing training that includes equipment that must be replaced; and
WHEREAS, a balance of $73,896 is currently available in the CUPA enforcement penalties fund; and
WHEREAS, the California Health and Safety Code Section 25404.1.1(i) says that “all administrative penalties collected shall be paid to the CUPA that imposed the penalty and shall be deposited into a special account that shall be expended to fund the activities of the CUPA in enforcing this chapter”; and
WHEREAS, the department entered into an Instructional Service Agreement (ISA) with Alan Hancock college that benefits both parties utilizing regular Fire Department training activities; and
WHEREAS, the department received $11,493.88 from Alan Hancock College through the ISA agreement in FY 2025-26; and
WHEREAS, Section 2.4 of the agreement with Alan Hancock Community College states “Agency shall use 100% of the money received as compensation for services under this contract for the purpose of providing the direct cost of instruction and training to the students enrolled in its courses.”
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

SECTION 1. The City Council authorizes the appropriation of up to $71,000 from the CUPA enforcement fees fund to support ongoing activities related to the CUPA inspector.

SECTION 2. The City Council authorizes the appropriation of up to $11,493.88 from reimbursement received through the ISA to support ongoing costs of the training program at the Fire Department.

Resolution No. _____ (2026 Series) Page 2
R ______
Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _______________ 2026. ___________________________
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

INSTRUCTIONAL SERVICES AGREEMENT

BETWEEN

ALLAN HANCOCK JOINT COMMUNITY COLLEGE DISTRICT
AND

CITY OF SAN LUIS OBISPO FIRE DEPARTMENT
This Agreement(hereafter “AGREEMENT”) is dated and effective July 1, 2026, made by and betweenthe City of San Luis Obispo Fire Department (hereafter “AGENCY”) and Allan Hancock College Joint Community College District, a California community college district and political subdivision of the State of California, (hereafter “COLLEGE DISTRICT”). AGENCY and COLLEGE DISTRICT shall be collectively referred to herein as the “PARTIES.” This Agreement shall set forth the duties andresponsibilities of each party asthey relate to the provision of educational courses by AGENCY to students enrolled in COLLEGE DISTRICT through the AGENCY asspecified in thisInstructional Services AGREEMENT Between the AGENCY and the COLLEGE DISTRICT attached hereto (Exhibit 1).

WHEREAS, AGENCY and COLLEGE DISTRICT wish to engage in a partnership that benefits both Parties by establishing an agreementthatsharesinstructional services, enhances efficiencies, reducestraining costs, and provides accessible and expanded fire education, law enforcement and other first responder and life safety training opportunities throughout the AGENCY at the COLLEGE DISTRICT's Public Safety Training Complex, and
WHEREAS, the PARTIES understand and agree that COLLEGE DISTRICT shall have the primary right to control and direct the instructional activities of the instructor teaching a course(s) pursuant to this AGREEMENT irrespective of whether the course is taught by an employee of AGENCY. Notwithstanding the foregoing, the PARTIES understand and agree that AGENCY will perform this AGREEMENT by utilizing the personnel of the AGENCY.

THEREFORE, in consideration ofthe mutual covenants and conditions contained herein, the PARTIES agree as follows:

1. DESIGNATED REPRESENTATIVE(S)
Designated Representatives and Persons Responsible for the Implementation and Coordination of this AGREEMENT are included in Sections 4.8 and 4.9 of the attached Scope of Services (Exhibit 1). Changes in designated representatives and the persons responsible shall be made only after advance written notice is provided to the other party.

2. NOTICES
Any notice of consent required or permitted to be given under this AGREEMENT shall be given to the respective PARTIES in writing, by personal delivery or facsimile, or with postage prepaid by first class mail, registered or certifiedmail, or express courierservice, as per Section 4.7 ofthe attached AGREEMENT (Exhibit 1), or at such other address or to such other person that the PARTIES may from time to time designate in accordance with this NOTICES section. Ifsent by first-classmail, notices and contents under thissection shall be deemed to be received five (5) daysfollowing their deposit in the U.S. mail. This NOTICES section shall not be construed as meaning that either party agreesto service of process except as required by applicable law.

3. SCOPE OF SERVICES
AGENCY and COLLEGE DISTRICT agree to provide servicesin accordance with the Scope of Services(Exhibit 1) attached hereto and incorporated herein by reference.

Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

4. TERM
The Term shall be in accordance with Section 4.2 of Exhibit 1, attached hereto.

5. COMPENSATION OF AGENCY
Compensation to the AGENCY shall be in accordance with Section 3 of Exhibit 1.

6. STANDARD OF PERFORMANCE
AGENCY represents that it has the skills, expertise and licenses/permits necessary to perform the services required under this AGREEMENT, in accordance with the Agreement with Instructor (Exhibit 1-B, attached).

Accordingly, AGENCY shall perform all such services in the manner and according to the standards observed by a competent practitioner of the same profession in which contracted provider is engaged. Permits and/or licenses necessary for the performance of services by AGENCY pursuant to this AGREEMENT shall be obtained and maintained by AGENCY without additional compensation.

7. CONFLICTOF INTEREST
The PARTIES covenant that the PARTIES presently have no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this AGREEMENT. The PARTIES further covenant that in the performance of this AGREEMENT, no person having any such interest will be employed by the PARTIES.

8. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
COLLEGE DISTRICT shall be the owner of the curriculum primary or incidental to this AGREEMENT upon production, whether or not completed, including all data collected and any material necessary for the practical use of the data and/or documents from the time of collection and/or production, whether or not performance under this AGREEMENT is completed or terminated prior to completion.

9. NO PUBLICITY OR ENDORSEMENT
The COLLEGE DISTRICT shall not useAGENCY'sname orlogo or theAGENCY name orlogo or any variation ofsuch name or logo in any publicity, advertising or promotional materials. COLLEGE DISTRICT shall not use AGENCY's name or logo in any manner that would give the appearance that the AGENCY is endorsing the COLLEGE DISTRICT. COLLEGEDISTRICT shallnotinany way contracton behalfofor in the name ofthe AGENCY. COLLEGE DISTRICT shall not release any informational pamphlets, notices, press releases, research reports, or similar public notices concerning the AGENCY or the AGENCY or its projects, without obtaining the prior written approval of the AGENCY.

10. AGENCY PROPERTY AND INFORMATION
All of AGENCY's property, documents, and information provided forthe COLLEGE DISTRICT's use in connection with the servicesshallremainAGENCY's property, and COLLEGEDISTRICT shallreturn any such items whenever requested by AGENCY and whenever required according to the Termination section of this AGREEMENT.

COLLEGE DISTRICT may use such items only in connection with providing the services and shall not disseminate any AGENCY property, documents, orinformation without AGENCY's prior written consent.

11. RECORDS, AUDIT, AND REVIEW
COLLEGE DISTRICT shall keep such business records pursuant to this AGREEMENT as would be kept by a reasonably prudent practitioner of COLLEGE DISTRICT's profession, in accordance with the Exhibit 1, and shall Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

maintain all records in accordance with appropriate records retention requirements. All accounting records shall be keptin accordance with generally accepted accounting principles.

12. INDEMNIFICATION AND INSURANCE
AGENCY agrees to the indemnification and insurance provisions as setforthin EXHIBIT 1-C, attached hereto, and incorporated herein by reference.

13. NONEXCLUSIVE AGREEMENT
AGENCY understands that this is an exclusive Agreement, and that the AGENCY shall not have the right to negotiate with and enter into contractsto provide the same orsimilarservices asthose provided to COLLEGE DISTRICT during the term of this AGREEMENT.

14. TERMINATION
A.

By AGENCY AGENCY may, by written notice to COLLEGE DISTRICT, terminate this AGREEMENT in whole orin part upon 90 days written notice to COLLEGE DISTRICT whetherfor AGENCY's convenience or because of the failure of COLLEGE DISTRICT to fulfill the obligation herein.

1. For Convenience: AGENCYmay terminate this AGREEMENT in whole orin part upon ninety (90) days written notice. If written notification of termination issent priorto or during a previously scheduled class, the classshall be completed as scheduled unless otherwise directed by COLLEGE DISTRICT.

2. For Cause: Should COLLEGE DISTRICT fail to pay AGENCY all or any part of the paymentsetforth in Section 3 Exhibit 1, AGENCYmay, atAGENCY's option, terminate this AGREEMENT if COLLEGE DISTRICT does not remedy such failure within thirty (30) days of written notice to COLLEGE DISTRICT ofsuch late payment.

B. ByCOLLEGE DISTRICT

1. For Convenience: COLLEGE DISTRICT may terminate this AGREEMENT in whole orin part upon ninety(90) days written notice.

2. For Cause: Should AGENCY default in the performance of this AGREEMENT or materially breach any of its provisions, COLLEGE DISTRICT may terminate or suspend this AGREEMENT in whole orin part by written notice.

Upon receipt of notice, AGENCY shall immediately discontinue all services affected (unless the notice directs otherwise) and notify COLLEGE DISTRICT asto the status of its performance. The date of termination shall be the date the notice is received by the AGENCY, unlessthe notice directs otherwise.

15. SECTION HEADINGS
The headings ofthe several sections, andany Table of Contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, constitution or effect hereof.

16. SEVERABILITY
If any one or more of the provisions contained herein shall for any reason by held to be invalid, illegal or unenforceable in any respect, then such provision or provisionsshall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this AGREEMENT shall be construed as if such invalid, illegal or unenforceable provision had never been Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

contained herein.

17. REMEDIES NOT EXCLUSIVE
No remedy herein conferred upon or reserved to AGENCY is intended to be exclusive of any other remedy or remedies, and each and every such remedy to the extent permitted by law,shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at lawor in equity or otherwise.

18. NO WAIVER OF DEFAULT
No delay or omission ofthe PARTIES to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this AGREEMENT to the PARTIES shall be exercised from time-to-time and as often as may be deemed expedientin the sole discretion of either party.

19. ENTIRE AGREEMENT AND AMENDMENT
In conjunction with the matters considered herein, this AGREEMENT contains the entire understanding and agreement of the PARTIES and there have been no promises, representation, agreements, warranties or undertakings by any of the PARTIES, either oral or written, of any character or nature hereafter binding except as set forth herein. This AGREEMENT may be altered, amended or modified only by an instrument in writing, executed by the PARTIES to this AGREEMENT and by no other means. Each party waives their future right to claim, contest or assert that this AGREEMENT was modified, canceled, suspended, or changed by any oral agreements, course of conduct, waiver or estoppel.

20. SUCCESSORS AND ASSIGNS
All representation, covenants and warranties set forth in this AGREEMENT, by or on behalf of, or forthe benefit of any or all of the PARTIES hereto, shall be binding upon and inure to the benefit ofsuch party, its successors and assigns.

21. CALIFORNIA LAW AND JURISDICTION
This AGREEMENT shall be governed by the laws of the State of California. Any litigation regarding this AGREEMENT orits contentsshall be filed in the County of Santa Barbara, California, ifin state court, orin the federal court nearestto the City of Santa Barbara, California, if in federal court.

22. EXECUTION OF COUNTERPARTS
This AGREEMENT may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the PARTIES shall preserve undestroyed,shall together constitute one and the same instrument.

23. AUTHORITY
All PARTIES to this AGREEMENT warrant and represent that they have the power and authority to enter into this AGREEMENT in the names, titles and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(s), person(s), or firm(s) and that all formal requirements necessary orrequired by any state and/orfederal law in orderto enterinto thisAGREEMENT have been fully complied with. Furthermore, by entering into this AGREEMENT, the COLLEGE DISTRICT hereby warrants that it shall not have breached the terms or conditions of any other contract or agreement to which the COLLEGE DISTRICT is obligated, which breach would have a material effect herein.

24. SURVIVAL
All provisions of this AGREEMENT which by their nature are intended to survive the termination or expiration Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

of this AGREEMENT shallsurvive such termination or expiration.

25. CONFLICT OF PROVISIONS
In the event of conflict between the provisions contained in the numbered sections of this AGREEMENT and the provisions contained in the Exhibits, the provisions of the Exhibitsshall prevail overthose inthe numbered sections.

26. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY (HIPAA) The COLLEGE DISTRICT will ensure students receive training in HIPAA responsibilities and requirements.

IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT to be effective on the date executed by AGENCY.

COLLEGE DISTRICT: AGENCY:

By: __________________________________ By: ___________________________________ Laura Becker Randy Harris
Interim Associate Superintendent/Vice President Fire Chief Finance and Administration
By: __________________________________
Dr. Robert Curry
Associate Superintendent/Vice President
Academic Affairs
Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1 – Scope of Services

EXHIBIT 1 - SCOPEOF SERVICES
This Scope of Services outlines the duties and responsibilities of each party as they relate to providing affiliated educational courses through the AGENCY and COLLEGE DISTRICT.

WHEREAS, in accordance with applicable law, the COLLEGE DISTRICT has conducted a job market study of the labor market area and has determined that the results justify the proposed vocational education program (Ed Code § 78015). Additionally, in accordance with applicable provisions in Title 5 of the California Code of Regulations, the degree and/or certificate program has been approved by the State Chancellor’s Office; and the COLLEGE DISTRICT’s curriculum committee has approved the courses as meeting Title 5 course standards.

WHEREAS, AGENCY shall provide immediate supervision of students participating in classes by a person who is qualified by means of education or experience as a journeyman and shares the responsibility for supervision of the students participating in the class with academic personnel of the COLLEGE DISTRICT subject to the terms and conditions set forth in this Agreement. (Cal. Code.

Of Reg. Title 5 § 58055.)

1. RESPONSIBILITIES OF COLLEGE DISTRICT

1.1. COLLEGE DISTRICT shall offer the approved educational courses as outlined in Exhibit 1-H to be taught by instructors meeting the California Community College minimum qualifications for instruction in the subject matter of the course being taught; and the courses shall be supervised in accordance with applicable law and administered through AGENCY with the understanding that any course additions or deletions will be shared between the COLLEGE DISTRICT and AGENCY Coordinators and this Agreement, and any amendments thereto as may be agreed upon by the Parties.

1.2. COLLEGE DISTRICT shall assist the AGENCY in registration and provision of other support services to students in order to adequately manage and control its course offerings. All students enrolled in the courses described above in Section 1.1 shall pay the same fees and shall be subject to the same registration policies, procedures, rules and regulations as any other students of the COLLEGE DISTRICT, including, but not limited to, grading policies, discipline policies, fee and registration policies, and attendance policies. Students seeking to enroll in the courses described above in Section 1.1 shall be subject to the exceptions and additional requirements described below.

1.3. COLLEGE DISTRICT shall approve of the selection of the list of instructors provided by the AGENCY, (Exhibit 1-A), and COLLEGE DISTRICT shall have the right to: 1) evaluate instructors; and 2) evaluate the quality of instruction to ensure that it meets the needs of students, that the quality and rigor is equal to the COLLEGE DISTRICT'S approved course outline of record, and that it meets the accreditation requirements of COLLEGE DISTRICT. The COLLEGE DISTRICT will not provide evaluation results to the AGENCY. The AGENCY instructors and the COLLEGE DISTRICT are required to sign the Instructor Agreement form prior to the instructors teaching the class (Exhibit 1-B).

1.3.1. COLLEGE DISTRICT shall provide the instructor an orientation, instructor's manual, course outlines, curriculum materials, and testing/grading procedures.

Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1 – Scope of Services

1.4. COLLEGE DISTRICT shall ensure that course offerings meet all appropriate and applicable requirements set forth in Title 5 of the California Code of Regulations and California Education Code.

1.5. COLLEGE DISTRICT hereby certifiesthat itis notreceiving full compensation forthe direct education costs of the courses described herein from any public or private entity, individual or group. The COLLEGE DISTRICT is responsible for obtaining certification verifying that the instructional activities are not fully funded by other sources, (Cal.

Code of Regs., Title 5, § 58051.5; Ed. Code, § 84752).

1.6. COLLEGE DISTRICT may provide facilities space at the Public Safety Training Complex for prearranged courses as part of this agreement. This facility is clearly identified as being open to the general public. (Cal. Code. Regs., Title 5, § 58015.5). If the location is outside the boundaries of the COLLEGE DISTRICT, the COLLEGE DISTRICT must comply with the requirement of Cal. Code Regs., Title 5, sections 55230-55232 concerning approval by adjoining community college districts and use of non-District facilities.

2. RESPONSIBILITIES OF AGENCY

2.1. AGENCY shall provide instructors, equipment, materials, day-to-day management support, and all other related overhead necessary to conduct the courses described in Section 1.1.

2.2. AGENCY shall provide instruction, supervision and evaluation of students in accordance with existing COLLEGE DISTRICT policies, procedures and accreditation requirements of the COLLEGE DISTRICT.

2.3. AGENCY shall cooperate with the COLLEGE DISTRICT to ensure that all personnel, equipment, and materials used in carrying out its responsibilities under this contract conform to the Education Code and California Code of Regulations Title 5 mandated standards governing instructional programs, including class hours sufficient to meet performance objectives.

2.4. AGENCY shall use 100% of the money received as compensation for services under this contract for the purpose of providing the direct cost of instruction and training to the students enrolled in its courses.

2.5. AGENCY shall ensure each student applies for admission to Allan Hancock College (COLLEGE DISTRICT) in order to be eligible to register/enroll for class(s). Steps to enrollment are listed in Exhibit 1-D.

2.6. AGENCY shall ensure that courses offered as part of this AGREEMENT have a minimum enrollment of fifteen (15) students per COLLEGE DISTRICT’s Board Policy 4922 “Minimum Class Size” (Exhibit 1-I).

2.7. AGENCY shall provide COLLEGE DISTRICT with the name of the instructor(s), a list of student names and their student Allan Hancock College "H" Number" so the COLLEGE DISTRICT can register/enroll the students anticipated to attend each course. The AGENCY will identify each student on the list as either "AGENCY-sponsored" or "self-pay.” Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1 – Scope of Services

2.8. AGENCY will provide an alphabetical listing with students' name, daily course hours attended, total hours attended, letter grade and/or pass or no pass, course name, course number, dates of instruction and the instructor's name within 3 (three) calendar days of completion of the course, and the AGENCY will invoice for payment (see Exhibit 1-E for a sample invoice).

2.9. AGENCY shall also maintain records of student attendance and achievement for (3) three years. These records will be open for review at all times by officials of the COLLEGE DISTRICT.

2.10. Enrollmentin the courses described in this Agreementshall be open to any person who hasbeen admitted to the college and has met the applicable prerequisites(Cal. Code Regs., Title 5, § § 51006, 58106). Any publications, including flyers, must be preapproved by the COLLEGE DISTRICT Coordinator, and the COLLEGE DISTRICT or AGENCY advertising the courses specified in this Agreement shall include the COLLEGE DISTRICT's Board Policy 5052, Open Enrollment, (Exhibit 1-F) as well as a description of the course and information about whether the course is offered for credit and istransferable. (Title 5, § 55005).

2.11. A description of the course and information aboutwhetherthe course is offered for credit and is transferable must published in the COLLEGE DISTRICT's college catalogue and listed on the COLLEGE DISTRICT's online line schedule of classes for a minimum of 30 (thirty) days before the first day the class is conducted.

2.12. AGENCY shall ensure that the faculty teaching different sections of the same course teach in a manner consistent with the COLLEGE DISTRICT'S approved course outline of record for that course, and that students are held to a comparable level of rigor.

3. PAYMENT FOR SERVICES

3.1. In consideration for the services provided herein, the COLLEGE DISTRICT shall pay the AGENCY $4.75 per student instructional (contact) hour eligible for state general apportionment. It is recognized by the contracting partiesthat a portion of the aforementioned instructional hourly rates include payment to AGENCY for the AGENCY's provision of training facilities, per Section

2.1., as well as AGENCY's instructional staff.

3.2. COLLEGE DISTRICT will pay the AGENCY up to five-hundred dollars ($500.00) for instructional consumable materials listed in Exhibit 1-G necessary to teach each course. Instructional consumable materialsfor each course must be identified in this agreement in order to establish entitlement for payment.

3.3. COLLEGEDISTRICT shall pay the AGENCY upon submission of valid invoices.

3.3.1.AGENCY shall submit an invoice to the COLLEGE DISTRICT by June 15 of each year for instructional services rendered at a rate of $4.75 perstudent contact hour.

Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1 – Scope of Services

Example: 38-hour course x 25 students = 950 contacthours 950 student contact hours x $4. 75 = $4,512.50

3.3.2.AGENCY shall include on the invoice, if applicable, an amount no greater than $500.00 for instructional consumable materials used for course delivery. Instructional consumable material receipts shall be required to accompany invoices as supporting documentation for payment.

Example: $50.00 for wood + $250.00 for saw blades = $300.00

3.3.3.COLLEGE DISTRICT will pay AGENCY no later than 60 days after the receipt of invoice following completion of the course and submittal of the completed course grades and attendance roster, and receipts for paid materials previously approved to the COLLEGE DISTRICT.

3.3.4.COLLEGE DISTRICT will subtract from the invoice the enrollment fee (tuition) authorized by Education Code section 76300 (currently $46.00 per unit) for AGENCY sponsored students.

Example: 25 AGENCY-sponsored students
25 student's x $46.00 enrollment fee per unit x 2-unit class = $2,300.00

3.3.5.COLLEGE DISTRICT willsubtract the cost, if applicable, of obtaining state mandated certificates forsuccessful AGENCY sponsored students.

Example: 25 successful AGENCY sponsored student's
25 successful students' x $10.00 per certificates = $250.00

3.3.6.COLLEGEDISTRICT will subtract the cost, if applicable, of obtaining student instructional materials for AGENCY sponsored students.

Example: 25 AGENCY sponsored students
25 workbooks x $5.00 per workbook= $125.00

3.4. Instructional hours are defined as those hours that are reported on the COLLEGE DISTRICT's CCFS320, California Community Colleges Apportionment Attendance Reports, and are subject to audit by the COLLEGE DISTRICT's independent auditor, the AGENCY, and the California Community Colleges Chancellor'sOffice.

3.5. Under no circumstances may the AGENCY charge students any fees. All student materials (including but not limited to textbooks, workbooks, pocket guides, and operations guides) will be available for purchase by the students at the COLLEGE DISTRICT bookstores, (instructional materials are listed in Exhibit 1-G) or by the COLLEGE DISTRICT Coordinator per emailed requests from the AGENCY Coordinator (costs for student materials will be subtracted from the invoice per section 3.3.6). Students who are not AGENCY sponsored will be responsible for obtaining the studentinstructional materials.

3.6. Both the COLLEGE DISTRICT and AGENCY, by executing this contract, certify that the instructional activity to be conducted will not be fully funded by other sources. (California Code of Regulations, Title 5 § 58051.5).

Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1 – Scope of Services

4. MISCELLANEOUS

4.1. If any of the provisions of this contract are found to be, or become contrary to State law or regulations or court decisions, COLLEGE DISTRICT and the AGENCY agree that the contract shall be renegotiated as it relates to said provision, without affecting the balance or intent of this contract.

4.2. The term of this Agreement shall be for a period of time commencing on July 1, 2026, through June 30, 2027. This agreement may be extended by amendment for additional periods of two (2) years upon agreement in writing by both parties. Notwithstanding the foregoing, COLLEGE DISTRICT or AGENCY may terminate this contract with or without cause, upon 90 days' written notice. COLLEGE DISTRICT agrees to reimburse AGENCY for any work performed prior to the termination date.

4.3. If students withdraw prior to completion of a course, the COLLEGE DISTRICT shall pay only for the instructional hours which the student completed which are eligible for state apportionment.

4.4. The COLLEGE DISTRICT will provide its standard student liability and medical care coverage for students attending AGENCY classes. AGENCY, its employees and agents release and indemnify the COLLEGE DISTRICT from liability for claims arising due to illness or bodily injury in excess of this standard coverage.

4.5. Both Parties will ensure that ancillary and support services are provided for students (e.g., counseling, guidance, placement assistance).

4.6. Approval of equivalent enrollment eligibility is not a guarantee that state regulatory and licensing authorities will also grant equivalency for licensure or employment purposes.

4.7. Legal Notices of the COLLEGE DISTRICT and the AGENCY shall be addressed as follows:

COLLEGE DISTRICT:

Laura Becker
Associate Superintendent/ Vice President, Finance and Administration Allan Hancock Joint Community College District
800 S. College Drive Santa Maria, CA 93454
AGENCY:

Randy Harris
Fire Chief
City of San Luis Obispo Fire Department
2160 Santa Barbara Avenue San Luis Obispo, CA 93401

4.8. Persons responsible for the implementation of this Agreement:

COLLEGE DISTRICT:

Dr. Robert Curry
Associate Superintendent/ Vice President, Academic Affairs Allan Hancock Joint Community College District
800 S. College Drive Santa Maria, CA 93454
AGENCY:

Nathan Hasch
Fire Captain
Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1 – Scope of Services

City of San Luis Obispo Fire Department
2160 Santa Barbara Avenue, San Luis Obispo, CA 93401

4.9. Persons responsible for scheduling facilities and coordinating document transfer between AGENCY and COLLEGE DISTRICT regarding this Agreement:

COLLEGE DISTRICT:

Julia Sokolovska
Director, Lompoc Valley Center and The Extended Campus
Allan Hancock Joint Community College District
800 S. College Drive Santa Maria, CA 93454
AGENCY:

Nathan Hasch
Fire Captain
City of San Luis Obispo Fire Department
2160 Santa Barbara Avenue, San Luis Obispo, CA 93401
Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

INSTRUCTIONAL SERVICES AGREEMENT

BETWEEN

ALLAN HANCOCK JOINT COMMUNITY COLLEGE DISTRICT
AND

CITY OF SAN LUIS OBISPO FIRE DEPARTMENT
Exhibit 1-A – Instructor List

EXHIBIT 1-A

INSTRUCTOR LIST
Below is a list of known AGENCY employees who are part-time COLLEGE DISTRICT Instructors that meet minimum qualification requirements for the discipline of assignment and were reviewed and approved by the COLLEGE DISTRICT. Any additional AGENCY employee names shall be submitted to the COLLEGE DISTRICT coordinator for consideration during the term of this Agreement. This list may be updated without an amendment to the Agreement. An updated list will be included in the yearly review per section 4.4.

1. Armando Gutierrez

2. Nathan Hasch

3. Patrick Larsen

4. Ray Hais

5. John MacDonald

6. Jake Barkhimer

7. Trevor Weis
Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1-B – Agreement with Instructor

EXHIBIT 1-B

AGREEMENT WITH INSTRUCTOR
This agreement is made and entered into this ______________________ bythreeparties: TheAllanHancock JointCommunityCollegeDistrict(hereinafter “COLLEGE DISTRICT”), _________________________________ (hereinafter “AGENCY”) and Employee of the AGENCY ____________________________ (hereinafter “INSTRUCTOR”) who is being assignedto theCOLLEGEDISTRICTonapart-timebasis as an instructor pursuant to California Code of Regulations, Title section 58058(b).

WHEREAS, the AGENCY hasthe experience, training, equipment and otherresources, and staff necessary to provide training and instruction in the area of Fire Technology to COLLEGEDISTRICT students. Such training will be structured and designed to qualify COLLEGE DISTRICT students forjob opportunitiesin the field of Fire Technology; and
WHEREAS, the authority forthis Agreementincludes, but is not limited to CaliforniaCodeof Regulations, section 58058(b);
NOW, THEREFORE, the three Partiesto this Agreement hereby agree as follows:

1. The AGENCY’s INSTRUCTOR shall be an employee of the AGENCY who shall meet "Minimum Qualifications" for the academic position of AGENCY's INSTRUCTOR as established by the COLLEGE DISTRICT and as determined by the COLLEGE DISTRICT.

2. The AGENCY's INSTRUCTOR shall be professionally and specially trained and competent to provide the supervisory and/orinstructionalservicesrequired by the COLLEGE DISTRICT and applicable law.

3. The AGENCY’s employee assigned to provide services as an instructor will be considered to be an employee of the COLLEGE DISTRICT for purposes of the Attendance Accounting Standards, (Cal. Code Regs., Title 5 Section 58050). COLLEGE DISTRICT has the right to: 1) evaluate and terminate the INSTRUCTOR; 2) evaluate the quality of instruction to ensure thatitmeetsthe needs ofstudents; 3) evaluate the quality and rigor equal to the COLLEGE DISTRICT'S approved course outline of record and the accreditation requirementsof COLLEGEDISTRICT. The COLLEGE DISTRICTwill not provide instructor evaluation resultsto the AGENCY.

4. The AGENCY's INSTRUCTOR shall at all times comply with the supervisory and/or instructional requirements outlined in California Code of Regulations, Title 5, section 58055, which require direct instruction by the AGENCY'sINSTRUCTOR except in limited circumstances. The AGENCY'sINSTRUCTOR's responsibilities and duties as an employee of the COLLEGE DISTRICT shall include, but are not limited to, the following:

4.1. Ensure thatinstructional time is expendedin full compliance with the course objectives determined by the COLLEGEDISTRICT.

4.2. Ensure the safety and well-being ofstudents.

4.3. Be in sufficient physical proximity and range of communication to provide immediate instructional supervision and control of allstudentsin his/her classes.

4.4. Attend periodic staffmeetingswith the COLLEGEDISTRICT.

4.5. Ensure accurate and current daily student attendance records, accurate calculation of final student grades, and the prompt submission of all data necessary for the calculation of FTES to the COLLEGE DISTRICT within 3 (three) calendar days of course completion (Ed Code §§ 84500, 84501).

4.6. Ensure the effective use of instructional methods, technology, testing and remediation.

4.7. Ensure that he/she does not have any other assigned duties during the instructional activity for which attendance is being claimed.

Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F San Luis Obispo City Fire
Nathan Hasch
San Luis Obispo City Fire

Exhibit 1-B – Agreement with Instructor

4.8. Be familiar with and comply with all relevant COLLEGE DISTRICT policies, rules and regulations, including but not limited, to those related to studentsafety, grading, attendance, sexual harassment and discrimination.

5. The COLLEGE DISTRICT agrees to indemnify and hold harmless the AGENCY and its authorized agents, officers, volunteers, and employees against any and all claims or actions arising fromCOLLEGEDISTRICT's solely negligent acts, errors or omissions and for any cost or expense incurred by the AGENCY on account of any claim therefor.

6. The AGENCY agrees to indemnify and hold harmless the COLLEGE DISTRICT and its authorized agents, officers, and employees against any and all claims and actions arising from the AGENCY’s solely negligent, reckless or intentional acts, errors or omissions and for any cost or expense incurred by the COLLEGE DISTRICT on account of any claim therefor.

7. The COLLEGE DISTRICT shall provide no compensation to the AGENCY's INSTRUCTOR for any services rendered pursuant to this Agreement, but compensation, as well as workers' compensation insurance, shall be the responsibility ofthe AGENCY in accordance with its established and standard practices.

8. This Agreement may be terminated at any time by the COLLEGE DISTRICT within the sole and exclusive discretion of the COLLEGE DISTRICT upon written notice to the AGENCY and the AGENCY's INSTRUCTOR.

This Agreement may be terminated upon ninety (90) days prior written notice to COLLEGE DISTRICT by eithertheAGENCYortheAGENCY'sINSTRUCTORwithineither'ssoleand exclusive discretion. If written notification of termination is sent prior to or during a previously scheduled class, the class shall be completed as scheduled unless otherwise directed by the COLLEGE DISTRICT.

IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the day and year last written below:

INSTRUCTOR ALLAN HANCOCK JOINT COMMUNITY

COLLEGE DISTRICT
_________________________________ _____________________________________ Print Print
_________________________________ _____________________________________ Signature Signature
AGENCY
_________________________________
Print
_________________________________
Signature
Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F Nathan Hasch Dr. Robert Curry
Randy Harris

Exhibit 1-C – Indemnification and Insurance Requirements

EXHIBIT 1-C

INDEMNIFICATION AND INSURANCE REQUIREMENTS
(For Service Contracts Not Requiring Professional Liability Insurance)

INDEMNIFICATION
The COLLEGE DISTRICT agrees to indemnify and hold harmless the AGENCY and its authorized agents, officers, volunteers, and employees against any and all claims or actions arising from COLLEGE DISTRICT's solely negligent acts, errors or omissions and for any cost or expense incurred by the AGENCY on account of any claim therefor.

The AGENCY agrees to indemnify and hold harmless the COLLEGE DISTRICT and its authorized agents, officers, and employees against any and all claims and actions arising from the AGENCY's solely negligent, reckless or intentional acts, errors or omissions and for any cost or expense incurred by the COLLEGE DISTRICT on account of any claim therefor.

NOTIFICATION OF ACCIDENTS AND SURVIVAL OF INDEMNIFICATION PROVISIONS COLLEGE DISTRICT shall notify AGENCY immediately in the event of any accident orinjury arising out of orin connection with this Agreement. The indemnification provisions in this Agreement shall survive any expiration ortermination ofthis Agreement.

INSURANCE
COLLEGE DISTRICT shall procure and maintain for the duration of this Agreement insurance against claims forinjuriesto personsor damagesto property whichmay arise fromorin connection with the performance of the work hereunder and the results of that work by the COLLEGE DISTRICT, its agents, representatives, employees or subcontractors.

A. Minimum Scope ofInsurance Coverage shallbe atleast as broad as:
1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products-completed operations, personal & advertising injury, with limits no less than $1,000,000 per occurrence and $3,000,000 in the aggregate. 2) Automobile Liability: Insurance ServicesOffice Form Number CA 0001 covering, Code I (any auto), or if COLLEGE DISTRICT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3) Workers'Compensation:Insurance asrequiredby the StateofCalifornia,with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the COLLEGE DISTRICT maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled to coverage forthe higherlimits maintained by the COLLEGEDISTRICT.

Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1-C – Indemnification and Insurance Requirements

B. Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) Additional Insured - AGENCY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the COLLEGE DISTRICT includingmaterials, parts, or equipmentfurnished in connection with such work or operations. General liability coverage can be provided in the formof an endorsement to the COLLEGE DISTRICT'S insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if later edition is used). 2) Primary Coverage -For any claimsrelated to this Agreement,the COLLEGEDISTRICT'S insurance coverage shall be primary insurance asrespectstheAGENCY, its officers, officials, employees, agents and volunteers. Any insurance orself-insurancemaintained by theAGENCY, its officers, officials, employees, agents or volunteers shall be excess of the COLLEGEDISTRICT'S insurance and shall not contribute with it.
3) Notice of Cancellation -Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to theAGENCY.
4) Verification of Coverage -COLLEGEDISTRICT shall furnish the AGENCY with proof ofinsurance, original certificates and amendatory endorsements as required by this Agreement. The proof of insurance, certificates and endorsements are to be received and approved by the AGENCY before work commences.However,failure to obtain the required documents priorto the work beginning shall not waive the COLLEGE DISTRICT'S obligation to provide them. The COLLEGE DISTRICT shall furnish evidence ofrenewal of coverage throughoutthe termofthe Agreement. The AGENCY reservesthe rightto require complete, certified copies of allrequired insurance policies, including endorsementsrequired by these specifications, at any time. 5) Failure to Procure Coverage -In theeventthat any policy of insurance required underthisAgreement does not comply with the requirements, is not procured, or is canceled and not replaced, AGENCY has the right but not the obligation or duty to terminate the Agreement. Maintenance of required insurance coverage is a material element of the Agreement and failure to maintain or renew such coverage or to provide evidence of renewal may be treated by AGENCY as a material breach of contract.
6) Subcontractors - COLLEGE DISTRICT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. 7) Special Risks or Circumstances - AGENCY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or otherspecial circumstances.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement.

Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1-D – Steps to Enrollment

EXHIBIT 1-D

STEPS TO ENROLLMENT

1. Complete the Online Admission Application (required) By clicking on the “Apply for Admission” link on the AHC website (www.hancockcollege.edu), students will be directed to the California Community College Online Application. It is important that the applicants complete both steps:

Step 1: Create a CCCApply account and receive a CCCID, and Step 2: Complete the application for admission for Allan Hancock College After completing the admission application, an email will be sent to the address provided on the application, including the AHC myHancock log-in information and student identification number, also known as an H number. Applicants who did not receive an email within 24 hours of submitting their application are advised to search their email as it might go into the junk, spam, or promotions folder.

2. Apply for Financial Aid (optional)

3. Complete the Online Orientation (optional)

4. Check English and Math Placement (optional)

5. Complete a First Semester Plan (optional)

6. Register and Pay for Classes (tuition is paid by the AGENCY per Section 3 of the ISA)

7. Complete a Student Education Plan - SEP (optional)

SUPPORT
CCC Application Support (24/7) 1-877-247-4836 or [email protected] Admissions and Records Office 1-805-922-6966 ext. 3248
Financial Aid Office 1-805-922-6966 ext. 3200
Counseling Department 1-805-922-6966 ext. 3293
Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1-C – Sample Invoice

EXHIBIT 1-E

SAMPLE INVOICE
AGENCY INVOICE #
Contact:

Address:

To: Allan Hancock College
ATTN: Accounts Payable Department
800 South College Drive
Santa Maria, CA 93454
Reimbursement for instructions provided by ISA 2026-2027 QUANTITY DESCRIPTION CRN Students
on Roster
UNITS
(Hours)
UNIT

PRICE AMOUNT
1 FTNC 7003 - Summer FTNC Training 10723 20 794.00 $4.75 $3,771.50 Instructional Consumable Materials $500.00 $500.00
$4,271.50
TOTAL $4,271.50
Please make checks payable to:

Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1-F – Board Policy 5052

EXHIBIT 1-F
Allan Hancock Joint Community College District
Board Policy
Chapter 5 – Student Services
BP 5052 OPEN ENROLLMENT
All courses, course sections, and classes of the District shall be open for enrollment to any person who has been admitted to the college. Enrollment may be subject to any priority system that has been established. Enrollment may also be limited to students meeting properly validated prerequisites and corequisites, or due to other practical considerations such as exemptions set out in statute or regulation.

The Superintendent/President shall assure that this policy is published in the catalog and schedule of classes.

References: Title 5 Section 51006 and 55003 et seq.

Adopted: 7/14/15
Reviewed: 10/13/20
Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1-G – Instructional Consumable Materials

EXHIBIT 1-G

INSTRUCTIONAL CONSUMABLE MATERIALS
CLASS:

Description Quantity Unit Price Subtotal
TOTAL for Instructional Consumable Materials:

CLASS:

Description Quantity Unit Price Subtotal
TOTAL for Instructional Consumable Materials:

CLASS:

Description Quantity Unit Price Subtotal
TOTAL for Instructional Consumable Materials:

CLASS:

Description Quantity Unit Price Subtotal
TOTAL for Instructional Consumable Materials:

Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1-H – Approved Educational Courses

EXHIBIT 1-H

APPROVED EDUCATIONAL COURSES

PROGRAM

OF STUDY
COURSE

SUBJECT &
NUMBER

COURSE TITLE UNITS
Emergency
Medical
Services
EMS 306 CPR for Healthcare Providers 0.5
EMS 309 Prehospital Trauma Life Support 1.0
EMS 321 Advanced Cardiac Life Support 1.0
EMS 322 Pediatric Advanced Life Support 1.0
EMS 401 Emergency Medical Technician 1 (Basic) Refresher 1.5 EMS 409 Prehospital Trauma Life Support (PHTLS) Refresher 0.5 EMS 414 Advanced Cardiac Life Support (ACLS) Refresher 0.5 Fire
Technology
FT 338 Land Navigation 2.0
FT 341 Fire Hydraulics 3.0
FT 343 Pump Theory 0.5
FT 344 Emergency Vehicle Operations 0.5
FT 346 Driver Operator 1B 2.0
FT 347 Vehicle Extrication 0.5
FT 361 Confined Space Awareness 0.5
FT 362 Confined Space Rescue Technician 1.0
FT 363 Low Angle Rescue 1.0
FT 364 Rope Rescue Technician 1.0
FT 365 Trench Rescue Technician 0.5
FT 370 Introduction to Serf Rescue 0.5
Fire Tech FTEC 301 Company Officer 2A – Human Resource Management 2.0 FTEC 302 Company Officer 2B – General Administrative Functions 1.0 FTEC 303 Company Officer 2C – Fire Inspections and Investigations 2.0 FTEC 304 Company Officer 2D – All-Risk Command Operations 2.0 FTEC 305 Company Officer 2E – Wildland Incident Operations 2.0 FTEC 306 Instructor I – Instructional Methodology 2.0
Fire
Technology
Non-Credit
FTNC 7001 Spring Firefighter In-Service Training n/a
FTNC 7002 Fall Firefighter In-Service Training n/a
FTNC 7003 Summer Firefighter In-Service Training n/a
FTNC 7004 Winter Firefighter In-Service Training n/a
Wildland Fire
Technology
WFT 301 Introduction to Incident Command System IS700 and IS800 0.5 WFT 302 Basic Incident Command System I-200 0.5
Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Exhibit 1-H – Approved Educational Courses

WFT 303 Intermediate Incident Command System I-300 1.5
WFT 304 Advanced Incident Command System I-400 1.0
WFT 305 Firefighter Training S-130 2.0
WFT 306 Advanced Firefighter Training S-131 0.5
WFT 307 Introduction to Wildland Fire Behavior S-190 0.5 WFT 308 Initial Attach Commander ICT S-200 1.5
WFT 309 Fire Operations in the Urban Interface S-215 1.0 WFT 310 Portable Pumps and Water Use S-211 1.5
WFT 311 Wildfire Powersaws S-212 1.5
WFT 312 Firing Operations S-219 2.0
WFT 313 Crew Boss S-230 1.5
WFT 314 Engine Boss S-321 0.5
WFT 315 Heavy Equipment Boss S-236 1.0
WFT 316 Field Observer S-244 2.0
WFT 318 Status/Check-In Recorder S-248 0.5
WFT 320 Applied Business Management Principles S-261 1.5 WFT 321 Basic Air Operations S-270 1.0
WFT 323 Extended Attack Incident Commander S-300 1.0
WFT 324 Task Force/Strike Team Leader S-330 1.5
WFT 325 Division/Group Supervisor S-339 1.0
WFT 326 Air Support Group Supervisor S-375 2.0
WFT 327 Introduction to Wildland Fire Behavior Calculations S-390 2.0 WFT 328 Safety Officer S-404 2.0
WFT 329 Air Operations Branch Director S-470 2.0
WFT 330 Followership to Leadership L-280 1.0
WFT 331 Incident Leadership L-381 2.0
WFT 332 Facilitative Instructor M-410 2.0
WFT 333 Prescribed Fire Implementation RX-301 2.0
WFT 334 Introduction to Fire Effects RX-310 2.0
WFT 335 Prescribed Fire Plan Preparation RX-341 2.0
Wildland Fire
Technology
Logistics
WFTL 310 Display Processor S-245 0.5
Wildland Fire
Technology
Operations
WFTO 332 Intermediate Wildland Fire Behavior S-290 2.0
Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

BP 4922
Allan Hancock Joint Community College District
Board Policy
Chapter 4 – Academic Affairs
BP 4922 MINIMUM CLASS SIZE
Minimum class size shall be fifteen (15) for all lectures, seminars, laboratory classes, and other instructional models. In cases where class size falls below the established minimum, the department head will confer with the Vice President, Academic Affairs to determine what action shall be taken. Independent study, research, coordinated instruction systems classes, and classes by arrangement are exempted from these guidelines. Exceptions to minimum class size include courses required for graduation, courses required in a major or in career subject areas, frequency of course offerings based on enrollment and need, limited classroom or laboratory facilities, campus size and geographical location, and experimental or pilot programs.

Adopted: No date
Revised: 1/10/17
Reviewed:6/14/22
EXHIBIT 1-I
Docusign Envelope ID: 439004E2-3B66-8116-800A-F85CC9C6C05F

Certificate Of Completion
Envelope Id: 439004E2-3B66-8116-800A-F85CC9C6C05F Status: Delivered Subject: Complete with Docusign: AHC_SLOFD ISA 2026-2027 (003).pdf Department:

Supplier:

Source Envelope:

Document Pages: 23 Signatures: 9 Envelope Originator:

Certificate Pages: 6 Initials: 0 Mika Timpano
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
990 Palm Street
San Luis Obispo, CA 93422
[email protected]
IP Address: 170.85.204.192
Record Tracking
Status: Original
8/24/2026 5:13:28 PM
Holder: Mika Timpano
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Armando Gutierrez
[email protected]
Fire captain
san luis obispo city
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 97.93.3.171
Signed using mobile
Sent: 8/24/2026 5:29:23 PM
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Signed: 9/2/2026 10:23:49 AM
Electronic Record and Signature Disclosure:

Accepted: 4/18/2023 9:56:20 AM
ID: 731fdc06-d6d0-4b8b-8e70-77146bf615d2
Dr. Robert Curry
[email protected]
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Electronic Record and Signature Disclosure:

Accepted: 8/24/2026 5:35:20 PM
ID: ead244bb-368a-4df6-9751-7d46a7fc92b2
Jake Barkhimer
[email protected]
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Electronic Record and Signature Disclosure:

Accepted: 8/24/2026 10:18:57 PM
ID: ef112f6c-0ef3-4a97-b754-4d9f681ce474
John MacDonald
[email protected]
Security Level: Email, Account Authentication
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Sent: 8/24/2026 5:29:27 PM
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Electronic Record and Signature Disclosure:

Accepted: 11/1/2022 4:44:47 PM
ID: 3cb7ad9b-e2db-4400-a8b2-1d13772533c1

Signer Events Signature Timestamp
Laura Becker
[email protected]
Director, Business Services
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 209.129.94.61
Sent: 8/24/2026 5:29:25 PM
Viewed: 8/25/2026 1:55:34 PM
Signed: 8/25/2026 1:56:09 PM
Electronic Record and Signature Disclosure:

Accepted: 8/25/2026 1:55:34 PM
ID: 7095418e-2f7f-4ffe-a096-52e19a40ac61
Nathan Hasch
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 170.85.204.189
Sent: 8/24/2026 5:29:26 PM
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Electronic Record and Signature Disclosure:

Accepted: 11/30/2023 9:20:31 AM
ID: 6c1baa96-2c47-4fcd-ab64-cf3e61f692db
Patrick Larsen
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/24/2026 5:29:26 PM
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Electronic Record and Signature Disclosure:

Accepted: 3/23/2022 9:01:34 AM
ID: 4e295b71-17d6-4335-9799-82ee65489121
Randy Harris
[email protected]
Fire Chief
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address:
2406:2d40:34db:f510:9056:71d5:e796:417
Signed using mobile
Sent: 8/24/2026 5:29:23 PM
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Signed: 8/25/2026 9:04:46 AM
Electronic Record and Signature Disclosure:

Accepted: 8/24/2026 5:47:40 PM
ID: 010618d7-5b67-46ef-8ebb-a74839ea2984
Trevor Weis
[email protected]
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Signature Adoption: Pre-selected Style
Using IP Address: 104.129.202.89
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Accepted: 8/24/2026 8:12:26 PM
ID: e4de4394-5a82-4207-871f-fadb9504aa83
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Julia Sokolovska
[email protected]
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Electronic Record and Signature Disclosure:

Not Offered via Docusign
Mika Timpano
[email protected]
Administrative Assistant
City of San Luis Obispo
Security Level: Email, Account Authentication
(None)
Sent: 8/24/2026 5:29:28 PM
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Electronic Record and Signature Disclosure:

Accepted: 6/3/2021 9:00:11 AM
ID: 01776e33-c609-4538-8108-96b5a983b3fd
Nicole Vert
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/24/2026 5:29:29 PM
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Electronic Record and Signature Disclosure:

Accepted: 4/29/2026 5:24:30 PM
ID: 2fd604d6-407e-480f-bc8b-c4b154f35630
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/24/2026 5:29:29 PM
Certified Delivered Security Checked 8/24/2026 8:12:26 PM Signing Complete Security Checked 8/25/2026 8:07:05 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

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Electronic Record and Signature Disclosure created on: 5/10/2017 10:25:58 AM Parties agreed to: Armando Gutierrez, Dr. Robert Curry, Jake Barkhimer, John MacDonald, Laura Becker, Nathan Hasch, Patrick Larsen, Randy Harris, Trevor Weis, M

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Item 6g
Department: Public Works
Cost Center: Multiple
For Agenda of: 10/20/2026
Placement: Consent
Estimated Time: NA
FROM: Emily Jackson, Finance Director
Aaron Floyd, Public Works & Utilities Director
Prepared By: Daniel Clancy, Financial Analyst- Purchasing SUBJECT: AUTHORIZATION TO ADVERTISE A REQUEST FOR QUALIFICATIONS

FOR ON-CALL ELECTRICAL MAINTENANCE, REPAIR, AND

OPERATIONAL SUPPORT SERVICES

RECOMMENDATION

1. Authorize the issuance of a Request for Qualifications (RFQ) for On-Call Electrical Maintenance, Repair, and Operational Support Services to establish a five-year qualified contractor pool; and

2. Authorize the Public Works & Utilities Director to establish the On-Call Electrical Maintenance, Repair, and Operational Support Services Contractor List from responsive and qualified proposals received through the RFQ process; and

3. Authorize the City Manager, or authorized designee, to execute agreements with one or more qualified and appropriately licensed electrical contractors in the established contractor pool to provide recurring electrical maintenance, repair, emergency response, low-voltage support, and related operational services at City facilities.

POLICY CONTEXT
Under Municipal Code Section 3.24.070 (Authority to Hire Consultants), the City can establish service contracts through a formal Request for Qualifications (RFQ) process.

Through this process, the City Council is requested to approve the RFQ, and the City Manager or authorized designee would then be authorized to execute agreements with selected contractors. The Finance Director may then execute and amend purchase orders for service contracts within the authorized project budget.

The City’s Public Works, Utilities, and Information Technology operations routinely require licensed electrical contractors to provide maintenance, repair, emergency response, lowvoltage support, and related operational services. Because anticipated cumulative expenditures may exceed applicable Council approval thresholds of $250,000 in a fiscal year, City Council authorization is required to advertise the solicitation and establish the resulting contracting arrangement. Individual assignments will remain subject to available budget authority, applicable purchasing requirements, and any requirements associated with the specific work.

Item 6g

DISCUSSION
The City currently procures most routine electrical services on a project-by-project basis.

When an electrical repair, maintenance need, or emergency arises, staff identifies an available contractor, requests quotes, and issues a purchase order for the individual assignment. While this approach has allowed departments to address immediate operational needs, it requires staff to repeat the procurement process for each project and provides limited consistency in labor rates, emergency charges, equipment costs, material markups, response expectations, and contract terms.

The proposed on-call solicitation would reduce the need to establish contractor availability, pricing, and terms separately for each assignment by creating a pool of competitively selected contractors operating under standardized qualifications, pricing, response requirements, and contract conditions. Staff would continue to define and authorize each individual assignment, but departments would be able to obtain services more efficiently using pre-established labor rates, material-markup limits, disclosed service-call minimums and equipment charges, and other agreed-upon pricing terms.

Public Works Maintenance, Utilities, and Information Technology regularly require licensed electrical contractors to support troubleshooting, repairs, emergency response, equipment replacement, data cabling, and other operational needs at City facilities. The proposed on-call agreements are intended to support these recurring routine operational needs and will not replace the City’s established procurement and delivery process for defined Capital Improvement Projects.

Routine services under this contract may include, but are not limited to:
• Troubleshooting electrical failures;
• Repairing lighting, circuits, panels, controls, pumps, and motors; • Emergency response;
• Replacement of failed components;
• Data and fiber cabling;
• Small modifications at occupied facilities;
• Support at treatment plants, pump stations, parking facilities, and public buildings.

Capital Improvement Project/Public Project Work
The proposed agreements will not be used to avoid competitive bidding or City’s established procurement procedures. The on-call agreements are intended for routine maintenance, repair, emergency response, and related operational electrical services and will not be used for work that requires separate project procurement, including work that requires plans and specifications and a separate solicitation. Capital Improvement Program projects and other public works requiring separate procurement will be scoped, estimated, and procured in accordance with the City’s Purchasing Policy and applicable law.

Item 6g
Evaluation
The RFQ requires contractors to hold a valid California C-10 Electrical Contractor license and meet the applicable insurance requirements. Responders will be evaluated based on their relevant experience, available personnel, technical capabilities, safety practices, and the ability to meet the City’s response requirements.

An evaluation panel will score responses based on experience and qualifications (20 points), past performance and references (15 points), qualifications of assigned staff (10 points), service delivery, communication, quality control and safety (15 points), and the cost proposal (40 points). The cost evaluation will consider the overall proposed charges, including labor rates, service-call minimums, travel or mobilization charges, and equipment rates.

The City may select more than one contractor for the on-call pool. Individual assignments will be authorized through purchase orders or written task orders, subject to available funding and applicable procurement requirements. Selection for the on-call pool will be for a 5 year-term per Muni-Code 3.24.070; but will not guarantee any minimum amount of work.

Public Engagement
Public engagement on the item can be provided to the City Council through written correspondence prior to the meeting or through public testimony at the meeting. The report will also be posted on the City’s website for public review.

ENVIRONMENTAL REVIEW
The recommended action does not involve approval of a specific physical project or improvement and therefore does not trigger California Environmental Quality Act (CEQA) review under CEQA Guidelines Section 15378. CEQA requirements will be evaluated on a project-by-project basis for individual work authorized under the resulting on-call agreements.

FISCAL IMPACT
Budgeted: N/A Budget Year: FY 2026-27
Funding Identified: N/A
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $ $ $ $0.00
State