Cities Index.
Item 7.d.1 - 2023-04-18

Santa Maria City Council
April 18, 2023

Document
Item 7.d.1 - 2023-04-18
Meeting
April 18, 2023
Body
Santa Maria City Council
Pages
15
Original file
33 KB
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FOR THE COUNCIL MEETING OF APRIL 18, 2023

COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Public Works
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR PROGRAMMING AND

TENANT IMPROVEMENT SERVICES
RECOMMENDATION:

That the City Council adopt a Resolution approving a Professional Services Agreement with Roesling Nakamura Terada Architects to perform Programming and Tenant Improvement services for the future City of Santa Maria Public Works Engineering & Community Development Department offices.

BACKGROUND:

The goal of this effort is to consolidate and reconfigure Community Development and Public Works staff into a modern, open, flexible, functional working and customer service environment in a single location. The project site currently under consideration is the old Police Station located at 222 E Cook Street. Design issues include security and openness, fitting into the fabric of the Community, and planning for future growth.

The scope of work required is to develop a programming effort and a preferred conceptual design between the two departments. The intent of this effort is to determine the feasibility of the project, which will confirm whether the existing facility can be utilized or expanded and define potential next steps. Keys to the first effort will include a Probable Cost Opinion that will be used by the City to further define the project. Additional tasks may be added at the City's option.

DISCUSSION:

On October 7, 2022, the Department of Public Works issued a Request for Proposals (RFP) for the Architectural & Engineering Tenant Improvement Services for the future City of Santa Maria Public Works Engineering & Community Department offices. The RFP closed on November 11, 2022. Following the closure of the RFP, the submitted proposals were reviewed for consultant expertise and availability to perform the Programming and Tenant Improvement services. Of the proposals received, Roesling Nakamura Terada Architects had the highest -rated proposal and was selected as the consultant to be recommended for the award of the professional services agreement by the selection committee.
1 Alternatives

1. The City Council can direct that negotiations be reopened with Roesling Nakamura Terada Architects to modify the scope of work for the project. However, the scope of work is commensurate with the anticipated effort required to provide adequate services and the Public Works Capital Improvement Program, and the fees are in line with industry standards.

2. The City Council can elect not to award the Professional Services Agreement to Roesling Nakamura Terada Architects, reject the proposal, and direct the solicitation of new proposals. However, the selection committee determined the Roesling Nakamura Terada Architects proposal was responsive to the RFP. Roesling Nakamura Terada Architects has extensive experience and has completed prior projects for the City of Santa Maria.

Environmental Review
The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15302 - replacement or reconstruction of existing structures and facilities of the Califomia Environmental Quality Act State Guidelines. The scope of work for the Programming and Tenant Improvement services would not create new environmental review under the California Environmental Quality Act. All projects to be inspected under this agreement would have had environmental review occur as necessary, separate from this agreement, prior to beginning construction and inspection.

Fiscal Considerations
There are no significant additional financial impacts to the City anticipated with this action.

Impact to the Community
The information developed during the Programming and Tenant Improvement services will be useful to various functions and levels of users within the organization and the public.

THOMAS M. KORMAN, P.E., P.L.S
Principal Civil Engineer

BRETT FULGONI
Director of Public Works
Attachments: A: Professional Services Agreement for Programming and Tenant Improvement Services 2 AGREEMENT FOR PROFESSIONAL SERVICES

PROGRAMMING AND TENANT IMPROVEMENT SERVICES
This Agreement is made on April 18, 2023, by and between Roesling Nakamura Terada Architects, a California Corporation ("Consultant") and the City of Santa Maria, a Califomia Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.1 Term and Termination. The term of this contract is two years, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.2 Services to be Performed. Consultant shall determine the method, details and means of performing Programming and Tenant Improvement services.

More specifically, Consultant agrees to perform the specific services listed in Exhibit "A."

2.3 City's Duties. City's duties under this Agreement are to cooperate with Consultant in the performance of the contract and timely pay invoices.

2.4 Payment. Payment terms under this Agreement are listed in Exhibit "B."

2.5 Insurance. Consultant shall provide insurance as listed in Exhibit "C."

2.6 Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.

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3. Consultant's Obligations.

3.1 Minimum Amount of Service. Consultant shall devote sufficient time to perform services under this agreement efficiently and effectively. Consultant may represent, perform services for and be employed by additional individuals or entities, in Consultant's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.

3.2 Tools and Equipment. Except as otherwise stated in this Agreement, Consultant will supply all tools and equipment necessary to perform this Agreement.

3.3 Status. Consultant (including its employees) is an independent contractor and all persons working for or under the direction of Consultant are its agents or employees and not agents or employees of the City. No employer/employee relationship exists between Consultant and the City.

Consultant's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Consultant under this agreement. Consultant (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).

3.4 Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Consultant including its employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

Further, Consultant will defend and indemnify City, and hold it harmless, from any claim, demand or liability that is related to, or results from an assertion that as a result of providing services to City, an employee of Consultant or a person performing work pursuant to this Agreement is entitled to benefits from, or is covered by, the California Public Employee Retirement System.

4. Miscellaneous

4.1 Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the City and a representative of Consultant, listed below. All notices shall be

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addressed as follows unless a written change is filed with the City:

To City:

Thomas M. Korman, P.E.

Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Consultant:

Tyson Cline, AIA
Principal Partner
285 N Ventura Ave, Ventura,
CA 93001
If the designated representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated representative, or upon confirmation of receipt of delivery if another notification process is used.

4.2 Compliance With Laws, etc. Consultant shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.3 Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.4 Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.5 Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.6 4.7

4.8 Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.9 Submittals. In addition to any other submittals required by this agreement, Consultant shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.

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4.10 Prevailing Wage. If applicable, Consultant and all subconsultants are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the Califomia Labor Code.

The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein.

4.11 City Approved Staff. Public Works Director shall approve Consultant project manager assigned to the project. Consultant shall not change staffing without prior written approval.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

Roesling Nakamura Terada Architects CITY OF SANTA MARIA, a political subdivision of the State of California
Tyson Cline, AIA Brett Fulgoni
Principal Partner Director Public Works
ATTEST:

Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

Risk Manager
City Attorney

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EXHIBIT "A"

SCOPE OF SERVICES
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March 28th, 2023
Thomas Korman
Principal Civil Engineer
City of Santa Maria
Public Works Department
110 S. Pine Street, Ste. 221
Santa Maria, CA 93458
C: (805) 361-9291
Re: Proposal for Tenant Improvements Services for the future City of Santa Maria Public Works Engineering & Community Department Offices - Programing
-^loject rdel standing
Our understanding of the project is based on the information provided in the Santa Maria RFP dated Oct. T" 2022 and additional conversations with the Project manager and staff present at the project interview on March 1" 2023. We understand this project to be a means to consolidate and reconfigure Community Development and Public Works staff into a modem, open, flexible, functional working and customer service environment in a single location. The project site currently under consideration is the old Police Station located at 222 E Cook Street We understand that such design issues as security, and openness, fitting into the fabric of the Community and planning for future growth are of high importance. We also understand that this initial programming effort for the two departments may be the first task in a larger effort by the city to review space needs and facilities for additional departments.
__GC9
We understand the current scope of work required is to develop a programming effort and a preferred conceptual design. The intent of this effort is to determine the feasibility of the project, confirm the existing facility can be utilized or expanded and define potential next steps. Keys to the first effort will include a Probable Cost Opinion that will be used by the City to further define the project Additional tasks may be added at the City's option.
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Proposed Work Ran
Based on the information provided, we offer the following work plan. A revised work plan and redefined schedule with milestones would be created with further input from the City and its user groups, if needed.

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(6 Week Duration)
Rick Of (1 Meting)
Attend project kickoff meeting with City, RNT and our sub -consultants. Discuss project budget, timeline, coordination, paths of communication, and other project expectations. Define appropriate processes from information gathering and program creation. This meeting may be performed via video conferencing.

Scheduling
Provide a project schedule that defines meetings and milestones for the project.

Reid Invedigalion and Review City Provided Data (1 Site Visit) The RNT design team will review drawings and documents provided by the City and its consultants. The team will visit the site and document the existing conditions.

In1Bol Stall/ Par Engagement (2 Meetings)
RNT will meet City Administrative, Public Works & Community Development Staff to fully review project goals, approximate overall staff levels in each department to better understand space needs vs available space.

Base Drawings
A conceptual 3d model will be created and the following views will include an Architectural site and floor plan, sections and reflected ceiling plan.

Outreach Tod (2 Meetings a visas maximum)
Based on input acquired from prior efforts the design team will produce stakeholder outreach instruments. These tools will consist of questionnaires or walk-throughs of existing facilities. Additionally, the design team will work with the Gty to define the stakeholder list
Fadgtate Programing Stakeholder Meetings (3 Meetings)
Up to three Stockholder meetings will be performed to gather input from the various users and project leaders. These meetings could be held via video conferencing as well.

Program Document
An initial Draft Program Document will be provided that reflects the latest project needs including spatial and adjacency requirements along with requirements for daylighting and the quality of working environments. A room cut sheet will be provided for each space defined within the project. Characteristics such as technology and security will be defined in the cut sheet. Revised requirements for sustainability will be captured in the program document. This draft document will

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be presented to the City for comments, then revisions will be performed resulting in a final approved programing document in Phase 2.

City Review and Programming Coordination
The RNT team will utilize the three concept studies to facilitate client review meetings. These meetings are intended to finalize a strategy, schedule for Phase II and confirm the programing process, and overall project direction.

Client Meeting Presentation (1 Meeting)
RNT will prepare and attend an additional programing presentation meeting to review the results with stakeholders and decisionmakers.

Scheduling
Provide a revised project schedule that defines meetings and milestones for engaging the City's Stakeholder list.

Deliverables:
• Meeting Minutes
• Project Schedule
• Programing Effort Outline with Preliminary Schedule
• Programing Outreach Tools
• Draft Program Document
Prepare Initial Concept Options (Up to 3)
Based on the initial information gathered in the tasks listed above the Architectural members of the design team will offer up to three concepts studies to test the existing capacity of the facility. It is assumed that the engineers will not be involved with this initial effort. These three studies will include a brief opportunity and constraints narrative. Proposed Concepts may include the following: Minimal improvements concept, maximum capacity of existing facility concept and potential expansion concept.

Prelim Code and Me Analysis
RNT will provide a preliminary code analysis to test the feasibility of each concept.

Programing Opinion of Probable Cost
RNT with a 3`4 part cost estimator will provide rough order of magnitude costs for each of the 3 concepts to inform decision -making on the selection of a concept.

Update Concept

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Based on feedback from the initial 3 concepts a single concept will be selected and updated based on feedback from stakeholders.

Programing Document Final
Based on feedback from the City RNT will update the program and include the preferred concept into the programing document.
gent Mewling Prssenfallon (2 Meslings)
RNT will prepare and attend an additional programing presentation meeting to review the results with stakeholders and decisionmakers.

DslNsrabies:
• Meeting Minutes We assume (5) client/stakeholder meetings in total • Concept Option (3 Max)
• Cost Opinion
• Refined Concept
• Final Program
Lid of Exclusions:
• Schematic through Construction Phases
• landscape or Civil Design
• Building Permit Fees
• Geotechnical Study
• Civil Survey
• Utility Locations
• Right -of -Way Design
• Other Fees related to construction process
• LEED/green rating system documentation
• LEED/green certification process management
• Project/Construction Management, excepting coordination of site plan • Electrical Load Readings
Pdwtial Additional Services:
• Schematic through Construction Phases
• Programing and space planning for Departments other then Public Works and Community Development
• Additional Stakeholder meetings
• Additional client meetings
• Physical model
• Revisions related to value engineering process
• Revisions of drawings, specifications, models or other design documents when such revisions are:

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• Inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget.
• Required by the enactment or revision of codes, laws or regulations during or subsequent to the preparation of the design documents; or due to changes required as a result of the Owner's failure to render decisions in a timely manner.

Owner•Provlded Items:
• Geotechnical (geohazard) investigation and report
• Civil Surveys
• Utility location survey
• Owner's Project Requirements
• Hazardous material evaluation / removal
• Title report
• Permit fees
• Water/sewer study
• Community outreach coordination
The above scope of work/work plan will be performed for a fixed fee of $109,905.

A breakdown of the fee is included in Exhibit A attached. Reimbursables are billed with 10% added to the cost and are estimated at $1,600
Again, we would like to thank you for the opportunity to assist the City of Santa Maria with this project. Please let us know if feel that this proposal is in alignment with your goals for this project. Please contact me if you have any questions or comments.

Sincerely.

Tyson Cline, AIA
Principal Partner
goading Nakamura Terada Architects, Inc.

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EXHIBIT "B"

PAYMENT
I. Progress Authorization
Written authorization to proceed from the City authorizes the Consultant to generate the not -to -exceed cost of ONE HUNDREAD NINE THOUSAND NINE HUNDRED AND FIVE DOLLARS($109,905) in fees for all work under this contract. City shall prepare written authorization to proceed for specific tasks prior to authorization. These tasks shall be determined on an as -needed and on -call basis.

II. Invoice procedure.

A. Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

B. The Consultant shall present the bill for charges by the second day of the month.

C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subConsultants, and other direct costs incurred.

III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

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EXHIBIT "C"

INSURANCE REQUIREMENTS
Consultant 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 the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of Califomia and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City.

The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees 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 Consultant including materials, parts or equipment fumished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 0413 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given

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to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with retum-receipt requested.

4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage
Consultant shall fumish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, APPROVING A

PROFESSIONAL SERVICES AGREEMENT WITH ROESLING

NAKAMURA TERADA ARCHITECTS TO PROGRAMMING AND

TENANT IMPROVEMENT SERVICES FOR THE FUTURE CITY OF

SANTA MARIA PUBLIC WORKS ENGINEERING & COMMUNITY

DEVELOPMENT DEPARTMENT OFFICES
WHEREAS, there is a need to perform Programming and Tenant Improvement services for the future City of Santa Maria Public Works Engineering & Community Department offices; and
WHEREAS, objectives of conducting a comprehensive Programming and Tenant Improvement confirm whether the existing facility can be utilized, or expanded, and define potential next steps; and
WHEREAS, a Programming and Tenant Improvement services will provide a plan to strategically and efficiently utilize existing office space; and WHEREAS, following a Request for Proposals, Roesling Nakamura Terada Architects, was found to be responsive and most qualified to conduct the Programming and Tenant Improvement effort.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The City Manager, or designee, is authorized to approve and execute on behalf of the City a Professional Services Agreement with Roesling Nakamura Terada Architects, and

2. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
/11
/1/

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 18th day of April 2023.

ATTEST:

Chief Deputy City Clerk
Mayor
2 APPROVED TO FORM:
lr ,_City Attorney
ice_
APPROVED AS TO CONTENT:

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