Agenda — Santa Maria City Council, September 15, 2026 (part 1 of 2)

CITY OF SANTA MARIA CITY COUNCIL
Mayor Alice Patino
Mayor Pro-Tem Gloria Flores
Councilmember Maribel Aguilera
Councilmember Richard Batalla
Councilmember Gloria Soto

AGENDA

City Hall, 110 East Cook Street
Santa Maria, California

Tuesday, September 15, 2026
CLOSED SESSION - 4:30 P.M.

REGULAR SESSION - 5:30 P.M.

HOW TO PARTICIPATE (SB 707 COMPLIANT)
HOW TO VIEW MEETINGS:

Meetings can be viewed in video format alongside the online interactive agenda at https://www.cityofsantamaria.org/services/departments/city-clerk-records/agenda-center- meetings-portal.

1. The City of Santa Maria Broadcasts City Council Meetings Live on local Comcast Cable Channel 23, at cityofsantamaria.org/tv. Closed Captioning is available in English and Spanish.

2. YouTube.com/@CityofSantaMariaCalifornia. Closed Captioning is available in English and Spanish.

3. Meetings are replayed on local Comcast Cable Channel 23 and cityofsantamaria.org/tv on Thursdays at 9:00 a.m. and Tuesdays at 5:30 p.m. Meetings are available on demand at YouTube.com/@CityofSantaMariaCalifornia.

4. HOW TO PARTICIPATE REMOTELY WITH TWO-WAY AUDIO:

Join via Zoom to register to speak during the Public Comment portion of the meeting or on a particular Agenda Item. Use the Zoom link below or dial-in via telephone:

Link: https://zoom.us/j/91234686810•
Dial Phone #: 1 669 444 9171•
Webinar ID #: 912 3468 6810•
**Press *6 to un-mute your phone. Press *9 to raise your hand to speak. Watch an instructional Video on Participating using Zoom

HOW TO SUBMIT WRITTEN PUBLIC COMMENT:
(Must be received by 2:00 p.m. in advance of the meeting) Members of the public who are not attending the meeting but wish to submit a public comment on any item on the agenda or within the City's jurisdiction may do so by emailing [email protected] or mailing correspondence to:

City Council
Attn.: City Clerk's Office
110 East Cook Street
Santa Maria, CA 93454
Letters/emails will not be read aloud during the meeting; however, all correspondence will be distributed to Councilmembers. Submissions received after the deadline will be uploaded to the City's agenda webpage under the applicable meeting on the following day and will become a part of the official record.

AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s Office at (805) 925-0951 extension 2306, or by email at [email protected] at least 48 hours before the meeting. Assisted Listening devices are available for those who attend in Council Chambers. Closed Captioning is available during meetings in English and Spanish on Comcast Channel 23 and at CityofSantaMaria.org/tv.

MEETINGS
The City Council holds regular meetings on the first and third Tuesday of every month. Regular meetings start at 5:30 p.m. in the Council Chambers at City Hall, 110 East Cook Street, Santa Maria, California. Special and Adjourned Regular meetings start time are to be determined.

POSTING LOCATIONS OF AGENDA AND/OR

CANCELLATION NOTICES
Regular meeting agendas will be posted at least 72 hours before the meeting (GC§ 54954(a)(1)).

Agenda and Cancellation Notices can be viewed online and are also posted at Santa Maria City Hall located at 110 East Cook Street, Santa Maria, California.

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CLOSED SESSION

1. CALL TO ORDER
ROLL CALL: Councilmember Aguilera, Councilmember Batalla, Councilmember Soto, Mayor Pro Tem Flores, and Mayor Patino

2. PUBLIC COMMENT PERIOD
(Remote Participation is not available during closed session. Once the Public Comment Period has commenced, no further comments will be accepted.) Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council. Each speaker will be limited to 3 minutes, maximum 15 minutes for Public Comment Period. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code §54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

3. RECESS-CLOSED SESSION
The City Council will immediately recess to a closed session for the following:

3.a Conference with Labor Negotiators, Pursuant to Government Code §54957.6 Agency Representatives: City Manager David W. Rowlands, City Attorney Thomas Watson, Chief Human Resources Officer Graciela Reynoso, and Negotiations Team.

Employee Organizations: All bargaining units, unrepresented employees, managers, and executives.

3.b Conference with Legal Counsel - Anticipated Litigation, Pursuant to Government Code §54956.9(d)(2) [one case]

4. RECONVENE TO REGULAR SESSION
REGULAR SESSION - 5:30 P.M.

5. INVOCATION

6. PLEDGE OF ALLEGIANCE

7. CALL TO ORDER
ROLL CALL: Councilmember Aguilera, Councilmember Batalla, Councilmember Soto, Mayor Pro Tem Flores, and Mayor Patino

8. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION

9. PRESENTATIONS

9.a Proclamation – Recognizing Care Net Pregnancy and Resource Center of Santa Maria
The City Council will present a Proclamation recognizing Care Net Pregnancy and Resource Center in the City of Santa Maria.

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10. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
(Once the Public Comment Period has commenced, no further comments will be accepted.) Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council. Each speaker will be limited to 3 minutes, maximum 15 minutes for Public Comment Period. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code §54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

11. CONSENT CALENDAR
Items on the consent calendar are considered to be routine and customary and are enacted by a single motion with the exception of items removed by a member of the City Council for individual consideration, which shall be individually considered immediately after taking action on the Consent Calendar.

RECOMMENDATION:

Adopt the Consent Calendar as submitted.

11.a CITY MANAGER/CITY CLERK DEPARTMENT

11.a.1 Ordinances and Resolutions
RECOMMENDATION:

Waive the reading in full of all Ordinances and Resolutions.

11.a.2 Approval of Minutes
RECOMMENDATION:

Approve the Minutes of the regular City Council meeting of September 1, 2026.

11.a.3 Adoption of a Resolution Approving Amendments to the City of Santa Maria’s 2026 Conflict of Interest Code
The City Council will consider adopting a Resolution approving amendments to the City’s 2026 Conflict of Interest Code.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution approving amendments to the City of Santa Maria’s 2026 Conflict of Interest Code.

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11.b COMMUNITY DEVELOPMENT DEPARTMENT

11.b.1 Community Development Block Grants Consolidated Annual Performance and Evaluation Report for the 2025-2026 Fiscal Year
The City Council will receive and file information concerning the Consolidated Annual Performance and Evaluation Report for the 2025-2026 Fiscal Year.

Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Receive and file information concerning the Consolidated Annual Performance and Evaluation Report for the 2025-2026 Fiscal Year.

11.c FINANCE DEPARTMENT

11.c.1 Payment of Warrants
RECOMMENDATION:

Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.

11.c.2 Payment of Payroll
RECOMMENDATION:

Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.

11.c.3 Adoption of a Resolution Approving First Quarter Amendments to the Fiscal Year 2026-27 Budget
The City Council will consider adopting a Resolution approving proposed budget amendments to the Fiscal Year 2026-27 Budget.

RECOMMENDATION:

Adopt a Resolution Approving First Quarter Amendments to the Fiscal Year 2026-27 Budget for Personnel, Operational, and Capital Changes.

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11.d FIRE DEPARTMENT

11.d.1 Adoption of a Resolution Approving a Donation of Funding and Budget Amendment for Personal Protective Equipment
The City Council will consider adopting a Resolution approving the receipt of a monetary donation from Amazon for the purchase of Personal Protective Equipment to enhance safety of Santa Maria Fire Department personnel.

RECOMMENDATION:

Adopt a Resolution approving a $150,000 donation from Amazon to the Santa Maria Fire Department and a budget amendment for the purchase of Personal Protective Equipment.

11.e POLICE DEPARTMENT

11.e.1 Adoption of a Resolution Awarding a Purchasing Agreement to Flock Group, Inc., d/b/a Flock Safety, for Aerodome Drone as First Responder Services The City Council will consider approving a purchasing agreement with Flock Group, Inc., d/b/a Flock Safety, for Aerodome Drone as First Responder services for the Santa Maria Police Department.

RECOMMENDATION:

1. Adopt a Resolution approving a purchasing agreement with Flock Group, Inc., d/b/a Flock Safety for Aerodrome Drone as First Responder services for the Santa Maria Police Department; and

2.Authorize the City Manager or designee to execute the agreement.

11.f PUBLIC WORKS DEPARTMENT

11.f.1 Adoption of Resolutions Approving Ten Professional Services Agreements for On-Call Environmental Planning and Permitting Services
The City Council will consider adopting Resolutions approving the award of On-Call Environmental Planning and Permitting Services to AECOM Technical Services, Inc.; BKF Engineers; EMC Planning Group Inc.; Kevin Merk Associates, LLC.; Nichols Consulting Engineers, CHTD.; Ramboll Americas Engineering Solutions, Inc., Rincon Consultants, Inc.; Stearns, Conrad & Schmidt Consulting Engineers, Inc.; SWCA Environmental Consultants, Tetra Tech, Inc.

RECOMMENDATION:

Adopt a Resolution awarding a Professional Services Agreement to AECOM Technical Services, Inc. for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

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Adopt a Resolution awarding a Professional Services Agreement to BKF Engineers for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

2. Adopt a Resolution awarding a Professional Services Agreement to EMC Planning Group Inc. for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

3. Adopt a Resolution awarding a Professional Services Agreement to Kevin Merk Associates, LLC. for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

4. Adopt a Resolution awarding a Professional Services Agreement to Nichols Consulting Engineers, CHTD. for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

5. Adopt a Resolution awarding a Professional Services Agreement to Ramboll Americas Engineering Solutions, Inc. for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

6. Adopt a Resolution awarding a Professional Services Agreement to Rincon Consultants, Inc. for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

7. Adopt a Resolution awarding a Professional Services Agreement to Stearns, Conrad & Schmidt Consulting Engineers, Inc. for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

8. Adopt a Resolution awarding a Professional Services Agreement to SWCA Environmental Consultants for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

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Adopt a Resolution awarding a Professional Services Agreement to Tetra Tech, Inc. for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

10. Authorize City Manager or designee to execute agreements.11.

11.f.2 Adoption of a Resolution Approving the Disposition of Older Transit Vehicles and Assets
The City Council will consider adopting a Resolution authorizing the disposal of older transit vehicles and equipment.

RECOMMENDATION:

Adopt a Resolution authorizing the disposition of older transit vehicles and equipment; and

1. Authorize the City Manager or designee to sign sales agreements with a reputable auction company for the surplus of the transit vehicles.

2. 11.f.3 Adoption of a Resolution approving a Sourcewell Job Order Contract Agreement with Newton Construction & Management for the City of Santa Maria Police Department IT Room HVAC Project
The City Council will consider adopting a Resolution approving a Job Order Contract Agreement with Newton Construction & Management for the City of Santa Maria Police Department IT Room HVAC Project.

Environmental Notice: The project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 – Existing facilities (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses.

RECOMMENDATION:

Adopt a Resolution approving a Sourcewell Job Order Contract Work Order Agreement with Newton Construction & Management for the City of Santa Maria Police Department IT Room HVAC Project in the amount of $902,594;

1. Authorize the City Manager or designee to execute the agreement and any future amendments or change orders necessary, provided such amendments are within the scope of the project and consistent with the adopted project budget; and

2. Authorize the City Manager or designee to execute necessary project amendments to the agreement not to exceed the contingency amount.

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11.g UTILITIES DEPARTMENT

11.g.1 Adoption of a Resolution Approving an Agreement with Smaart Power, LLC for Arc Flash Study and Risk Assessment Services
The City Council will consider adopting a Resolution authorizing an agreement with Smaart Power, LLC for Arc Flash Study and Risk Assessment Services.

RECOMMENDATION:

1. Adopt a Resolution approving an Agreement for Services with Smaart Power, LLC for Arc Flash Study and Risk Assessment Services up to a total not-to-exceed of $185,076 (includes 20 percent contingency funding); and

2. Authorize the City Manager or designee to execute the agreement and enter into extensions and modifications consistent with the terms of the agreement.

12. PUBLIC HEARING
ORDER OF PROCEEDINGS FOR PUBLIC HEARING ITEMS:

Council Agenda Report to be given.

Applicant/Appellant comments.

Questions from the City Council.

Written communications/Public input.

Public hearing to be closed.

City Council discussion and action.

12.a Adoption of a Resolution Approving the Fiscal Year 2027-2028 Proposed Community Development Block Grant Funding Priorities
The City Council will conduct a public hearing to receive comments on the Community Development Block Grant (CDBG) priorities for Fiscal Year 2027-2028 funding and consider adoption of a Resolution approving proposed priorities.

RECOMMENDATION:

Adopt a Resolution approving the Community Development Block Grant (CDBG) priorities for Fiscal Year 2027-2028; and

1. Approve the use of Fiscal Year 2027-28, CDBG Capital funding for City- related projects.

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12.b Adoption of a Resolution Approving a Substantial Amendment of the Community Development Block Grant (CDBG) Fiscal Year 2026-27 Annual Action Plan The City Council will conduct a public hearing and consider adopting a Resolution approving the substantial amendment of the Community Development Block Grant (CDBG) Fiscal Year 2026-27 Annual Action Plan.

RECOMMENDATION:

Adopt a Resolution approving a substantial amendment to the Fiscal Year (FY) 2026-27 Community Development Block Grant (CDBG) Action Plan to add a Minor Home Repair Activity.

13. REPORT BY CITY MANAGER

14. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB 1234

REPORTS)

15. ADJOURNMENT

If you challenge a determination made on a matter on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda, or in written correspondence to the city council at, or prior to, the public hearing.

I, Donna G. Schwartz, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours at City of Santa Maria City Hall and made available at
https://www.cityofsantamaria.org/services/departments/city-clerk-records/agenda-center- meetings-portal on this 10th day of September 2026.
/s/ DONNA G. SCHWARTZ, CMC
Chief Deputy City Clerk

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COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: David W. Rowlands, City Manager

DATE: September 15, 2026

SUBJECT: Proclamation – Recognizing Care Net Pregnancy and Resource Center of Santa Maria

The City Council will present a Proclamation recognizing Care Net Pregnancy and Resource Center in the City of Santa Maria.

BACKGROUND:

Care Net Pregnancy and Resource Center of Santa Maria has served the Santa Maria Valley for 36 years since its founding in 1990. The organization provides support and resources to individuals and families facing pregnancy and parenting decisions, including pregnancy testing, limited obstetrical ultrasounds, parenting education, material assistance, peer counseling, and abortion healing services. Car e Net serves community members with dignity, compassion, and respect, and its work is supported by staff, medical professionals, volunteers, churches, businesses, and community partners.

The City of Santa Maria recognizes Care Net’s longstanding commitmen t to supporting local individuals and families and its contributions to the health and well -being of the community. The proclamation celebrates 36 years of service and expresses appreciation to Care Net’s staff, volunteers, medical team, supporters, and community partners.

Proclamation Requested by: Christina Soltan – Executive Director of Care Net Pregnancy and Resource Center

Attachment(s): Proclamation

City of Santa Maria
Santa Maria, California

Proclamation

WHEREAS, Care Net Pregnancy and Resource Center of Santa Maria, a Christ - centered ministry, has served local women, men, and families for 36 years, providing compassionate care, practical suppor t, and resources to those facing pregnancy and parenting decisions; and

WHEREAS, since 1990, Care Net has provided pregnancy tests, limited obstetrical ultrasounds, parenting education, material assistance, peer counseling, and post -abortion healing serv ices in accordance with applicable laws, with the support of dedicated staff, volunteers, medical professionals, and community partners; and

WHEREAS, Care Net has expanded its services to meet community needs while remaining committed to compassionate, li fe-affirming care and helping individuals and families with help, hope, and healing; and

WHEREAS, the City of Santa Maria recognizes the valuable contributions of organizations that strengthen families, provide practical assistance to those in need, and promote the health and well -being of the community, and acknowledges Care Net’s longstanding commitment to serving residents of the Santa Maria Valley.

NOW, THEREFORE, I ALICE M. PATINO, Mayor of the City of Santa Maria hereby recognize and celebrate:

“Care Net Pregnancy and Resource Center”

in the City of Santa Maria for its dedicated 36 years of service to the community, and extends its appreciation to the staff, volunteers, medical team, supporters, and community partners who have contributed to its continued service to local families.

IN WITNESS THEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria to be affixed hereto this 15th day of September 2026.

______________________________
Alice M. Patino, Mayor

1 CITY COUNCIL MEETING MINUTES CITY OF SANTA MARIA, CALIFORNIA

September 1, 2026, 5:30 p.m.

City Hall Council Chambers
110 East Cook Street
Santa Maria

Roll Call: Councilmember Maribel Aguilera, Councilmember Richard Batalla, Councilmember Gloria Soto, Mayor Pro Tem Gloria Flores, and Mayor Alice Patino.

Staff Present: City Manager David W. Rowlands, Assistant City Manager Chuen Wu, City Attorney Thomas Watson, Director of Finance Rebecca Campbell, Fire Chief Bradley Dandridge, Director of Community Development Chenin Dow, Director of Recreation and Parks Ramon Galo, Director of Public Works Brett Fulgoni, Library Director Dawn Jackson, Chief Human Resources Officer Graciela Reynoso, Director of Utilities Shad Springer, Police Chief Christopher Williams, Chief Deputy City Clerk Donna Schwartz, Assistant City Clerk Alexandra Valadez, and Transit Manager Gamaliel Anguiano.

_____________________________________________________________________

1. INVOCATION
Pastor Justin Jacobs from the Bridge Central Coast Church gave the Invocation.

2. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Flores led the Pledge of Allegiance.

3. CALL TO ORDER
Mayor Patino called the meeting to order at 5:33 p.m.

4. PRESENTATIONS

4.a Proclamation proclaiming the month of September as “Library Card Sign-up Month” The City Council presented a Proclamation, accepted by Charlene Baczkiewciz, proclaiming September 2026 as "Library Card Sign-up Month" in the City of Santa Maria.

4.b Proclamation proclaiming the month of September as “National Preparedness Month” The City Council presented a Proclamation, accepte d by Emergency Services Specialist Roy Dugger, proclaiming September 2026 as "National Preparedness Month" in the City of Santa Maria.

5. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
Mayor Patino invited public comment. Speaking from the public was Gar y Hall, Gwenever Cannon, and Geoffrey Wheeler.

6. CONSENT CALENDAR
Consent Calendar Items 6.a.1 through 6.e.6 (except 6.a.3) were approved as presented, including the adoption of Resolution Nos. 2026 -183, 2026-184, 2026-185, 2026-186, 2026-187, 2026-188, 2026-189, 2026-190, and 2026-191 and Ordinance Nos. 2026-06, 2026-07, and 2026-08.

Item 6.a.3 was pulled for a separate vote by Councilmember Soto.

The recorded vote appears with each item below.

Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto

2 Adopt the Consent Calendar as submitted.

Ayes (5): Councilmember Aguilera, Councilmember Richard Batalla, Councilmember Soto, Mayor Pro Tem Gloria Flores, and Mayor Patino
Motion carried by a recorded vote (5 to 0)

6.a CITY MANAGER/CITY CLERK DEPARTMENT

6.a.1 Ordinances and Resolutions
Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto
Waived the reading in full of all Ordinances and Resolutions.

Motion carried by a recorded vote

6.a.2 Approval of Minutes
Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto
Approved the Minutes of the Regular City Council meeting of August 4, 2026, and the Special City Council meeting of August 12, 2026.

Motion carried by a recorded vote

6.a.3 Adoption of Ordinance No. 2026-09 Amending the Santa Maria Municipal Code Increasing City Council Salaries
Action: Adopted as Ordinance No. 2026-09.

Moved by: Councilmember Aguilera
Seconded by: Mayor Pro Tem Gloria Flores
Waived second reading and adopted Ordinance No. 2026 -09, Am ending Chapter 2 -2, “City Council Salaries,” Section 2 -2.02, “Salaries Designated” of the Santa Maria Municipal Code, increasing City Council salaries by $341.31 per month.

Ayes (4): Councilmember Aguilera, Councilmember Richard Batalla, Mayor Pro Tem Gloria Flores, and Mayor Patino
Noes (1): Councilmember Soto
Motion carried by a recorded vote (4 to 1)

6.b COMMUNITY DEVELOPMENT DEPARTMENT

6.b.1 Adoption of Ordinance No. 2026-06 amending Title 12 – Zoning, to Establish a “Senior Mobile Home Park Overlay District”, Adding Related Definitions, and Amending the Official Zoning Map of the City
Action: Adopted as Ordinance No. 2026-06.

Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto
Waived second reading and adopted Ordinance No. 2026 -06, amen ding Title 12 – Zoning, to establish a “Senior Mobile Home Park Overlay District”, adding related definitions, and amending the official zoning map of the City.

Motion carried by a recorded vote

3 6.b.2 Adoption of a Resolution Approving Amendment No. 2 to the Professional Services Agreement with Alta Planning + Design for Closeout of the Santa Maria 2045 General Plan Update
Action: Adopted as Resolution No. 2026-183.

Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto

1. Adopted a Resolution approving Amendment No. 2 to the Professional Services Agreement with Alta Planning + Design for completion of responses to public comments received throughout the final phases of the Santa Maria 2045 General Plan Update Project; and

2. Authorized the City Ma nager or designee to execute the amendment to the agreement.

Motion carried by a recorded vote

6.b.3 Adoption of Ordinance Nos. 2026-07 and 2026-08 Amending Various Sections of Title 12 - Zoning, Relating to Child Day Care Centers, Non-Taxable Merchandise Limitations, Transitional and Supportive Housing, Density Bonus, and Accessory Dwelling Units Action: Adopted as Ordinance Nos. 2026-07 and 2026-08.

Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto

1. Waived second reading and adopt Ordinance No. 2026 -07, amending various sections of Title 12 - Zoning of the Santa Maria Municipal Code relating to Child Day Care Centers, Non -Taxable Merchandise Limitations, Transitional and Supportive Housing and Density Bonus; and

2. Waived second reading and ado pt Ordinance No. 2026 -08, amending Title 12 - Zoning, Chapter 12 -56, "Accessory Dwelling Units" of the City of Santa Maria Municipal Code.

Motion carried by a recorded vote

6.c FINANCE DEPARTMENT

6.c.1 Payment of Warrants
Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto
Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.

Motion carried by a recorded vote

6.c.2 Payment of Payroll
Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto
Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.

Motion carried by a recorded vote

6.c.3 Adoption of a Resolution Approving an Agreement with InfoSend, Inc. for Utility Billing Printing and Mailing Services

4 Action: Adopted as Resolution No. 2026-184.

Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto

1. Adopted a Resolution approving an agreement with InfoSend, Inc. for utility bill data processing, printing, and mailing services; and

2. Authorized the City Manager or designee to execute agreement.

Motion carried by a recorded vote

6.d POLICE DEPARTMENT

6.d.1 Adoption of a Resolution Authorizing the Submission of an Application for the 2026 U.S.

Department of Justice Law Enforcement Mental Health and Wellness Act Program Grant Action: Adopted as Resolution No. 2026-185.

Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto

1. Adopted a Resolution authorizing the submission of an application for the 2026 U.S. Department of Justice, Office of Community Oriented Policing Services Law Enforcement Mental Health and Wellness Act Program grant; and

2. Authorized the City Manager or designee to submit the grant application.

Motion carried by a recorded vote

6.e PUBLIC WORKS DEPARTMENT

6.e.1 Adoption of a Resolution Approving a Proposed Establishment of All-Way Stop Control at the Intersection of West Stowell Road and Black Road
Action: Adopted as Resolution No. 2026-186.

Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto
Adopted a Resolution establishing an All -Way Stop control at the intersection of West Stowell Road and Black Road.

Motion carried by a recorded vote

6.e.2 Adoption of a Resolution Approving a Proposed Establishment of Limited Time Parking Zone on East Mill Street
Action: Adopted as Resolution No. 2026-187.

Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto
Adopted a Resolution establishing a limited time parking zone on East Mill Street.

Motion carried by a recorded vote

6.e.3 Adoption of a Resolution Approving Amendment No. 1 to the Professional Services Agreement with NCE for the PA&ED – Active Santa Maria Safe Routes to School Corridor Improvement Project
Action: Adopted as Resolution No. 2026-188.

Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto

5 1. Adopted a Resolution approving Amendment No. 1 to the Professional Services Agreement with Nichols Consulting Engineers, Chtd. for the Project Approval and Environmental Document – Active Santa Maria Safe Routes to School Corridor Improvement Project, and increasing the total not-to-exceed amount by $25,000 for a revised total of $514,270 and extending the agreement term by 15 months; and

2. Authorized the City Manager or designee to execute Amendment No. 1 to the agreement.

Motion carried by a recorded vote

6.e.4 Adoption of a Resolution Approving an Agreement with PG&E Electric Vehicle Fleet Electrification Program for the Transit Center
Action: Adopted as Resolution No. 2026-189.

Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto

1. Adopted a Resolution approving an agreement with Pacific Gas and Electric Company (PG&E) to participate in the PG&E Electric Vehicle Fleet Electrification Program at the Transit Center; and

2. Authorized the Finance Director to amend the Transit Enterprise Fund budget to reflect the receipt of program incentive and rebate revenues; and

3. Authorized the City Manager or designee to execute agreement, letter of commitment, and all documents necessary to implement the program.

Motion carried by a recorded vote

6.e.5 Adoption of a Resolution Rescinding Resolution No. 2026-69 and Approving a Cooperative Agreement with the County of Santa Barbara for Bus Stop Amenities Action: Adopted as Resolution No. 2026-190.

Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto

1. Adopted a Resolution rescinding Resolution No. 2026 -69 and approving a Cooperative Agreement with the County of Santa Barbara for the Orcutt and Tanglewood Transit Stop Furniture Improvements Project and authorizing the acceptance of revised funding in the amount of $109,265; and

2. Authorized the City Manager or designee to execute agreement and accept the revised funding amount of $109,265; and

3. Authorized the Amendment to City’s adopted FY 2026 -27 Transit Budget to reflect these added funds and expenditure for Bus Stop Improvements; and

4. Approved exercising contract options for the purchase of fourteen benches and five bus shelters from Tolar Manufacturing Company, Inc., utilizing the California Association for Coordinated Transportation / Morongo Basin Transit Authority purchasing consortium Contract No. 21-01, as originally intended.

Motion carried by a recorded vote

6.e.6 Adoption of a Resolution Approving a Job Order Contract Agreement with Newton Construction & Management for the Santa Maria Transit Center Roofing and Display Panels Project
Action: Adopted as Resolution No. 2026-191.

6 Moved by: Councilmember Aguilera
Seconded by: Councilmember Soto

1. Adopted a Resolution approving a Sourcewell Job Order Contract Agreement work order with Newton Construction & M anagement for the Santa Maria Transit Center Display Panels and Roofing Project in the amount of $220,576; and

2. Authorized the City Manager or designee to execute the agreement.

Motion carried by a recorded vote

7. REPORT BY CITY MANAGER
City Manager Rowla nds reported that four town hall meetings will be held to provide educational information regarding Measure C2026 and to answer questions from community residents. The meetings will be held from 6:30 p.m. to 7:30 p.m. on the following dates and at the foll owing locations:

Monday, September 14, at Grogan Community Center; Monday, September 21, at Edwards Community Center; Monday, September 28, at Minami Community Center; and Monday, October 5, at Shephard Hall. Spanish interpretation will be available at each meeting.

8. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB 1234 REPORTS) Mayor Pro Tem Flores announced she attended the Town Hall Meeting hosted by Councilmember Batalla, Day of Hope Event, and the CommUnify Policy and Council Recognition Meeting.

Councilmember Batalla reported he hosted a Town Hall Meeting, and attended the Day in the Park Event, the Boys and Girls Club BBQ, and the Santa Maria Police Department Community Academy.

Councilmember Aguilera noted she attended the Grand Opening for Fighting Back Santa Maria Valley Navigation Center and the 13th Annual Day of Hope Event.

Councilmember Soto stated she attended the Cook Street Apartment Development Meeting, the City Council Special Closed Session Meeting, Affordable Housing Meeting with Santa Barbara County, the Grand Opening for Fighting Back Santa Maria Valley Navigation Center, and the 13th Annual Day of Hope Event.

Mayor Patino shared she attended the following: Santa Barbara County Local Agency Formation Commission Meeting, Cal Cities Virtual Roundtable Impacts of SB 357 and City Responses Meeting, Recreation and Parks Commission Meeting, the North County Subregional Planning Commission Meeting, the City Council Special Closed Session Meeting, YMCA Social, Santa Barbara County Association of Governments Board of Directors Meeting, Air Pollution Control District Board Meeting, the Grand Opening for Fighting Back Santa Maria Valley Navigation Center, the Day of Hope Car Show, the California Women for Agriculture Meeting, the Unity Shoppe Focus Group, and the Santa Maria Natural History Museum 30th Anniversary.

9. ADJOURNMENT
There being no further business before the City Council, Mayor Patino declared the City Council meeting adjourned at 6:04 p.m.

Chief Deputy City Clerk Alice M. Patino, Mayor

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Donna G. Schwartz, Chief Deputy City Clerk

DATE: September 15, 2026

SUBJECT: Adoption of a Resolution Approving Amendments to the City of Santa Maria’s 2026 Conflict of Interest Code

Description:

The City Council will consider adopting a Resolution approving amendments to the City’s 2026 Conflict of Interest Code.

RECOMMENDATION:

Adopt a Resolution approving amendments to the City of Santa Maria’s 2026 Conflict of Interest Code.

BACKGROUND:

The Political Reform Act of 1974, as amended, requires that local government agencies adopt a Conflict of Interest Code (COIC) listing those employees who make or participate in the making of governmental decisions which may foreseeably have a material effect on any financial interest and are not covered by Section 87200 of the Government Code.

Section 87200 of the Government Code specifies those positions which are required by State law to file Statements of Economic Interest. They include the Mayor, City Council, City Treasurer, City Manager, City Attorney, and Planning Commission.

The Political Reform Act also requires that the COIC be reviewed every two years in even- numbered years to ensure it is still valid and includes all the classifications that should be filing Form 700 “Statements of Economic Interests.” This Biennial Notice must be submitted to the Code Reviewing Body (the City Council) no later than July 1 st of even- numbered years. Any changes to the COIC must then be submitted t o the City Council by October 1st.

The last amendment to the COIC was made by the City Council on October 1, 2024, on recommended revisions and approved classifications and job specifications. On August 15, 2023, the City Council adopted Resolution No. 2023-116, approving the establishment of GIS Analyst classification and corresponding job specification (via Resolution No. 2023-103).
2 On November 21, 2023, the City Council adopted Resolution No. 2023 -145, approving the establishment of Lead Police Services Technician and Investigative Specialist I/II Flex Series classifications and corresponding job descriptions (via Resolution No. 2023-103).

On December 19, 2023, the City Council adopted Resolution No. 2023 -160, approving the establishment of Legal Office Specialist classification and corresponding job specification (via Resolution No. 2023-103).

On February 20, 2024, the City Council adopted Resolution No. 2024-21, approving one full-time Deputy City Attorney/City Prosecutor position, for the City Attorney’s Office, one full-time Deputy Building Official, for the Community Development Department, and one full-time Account Clerk I/II for the Recreation and Parks Department. Additional positions were approved but the three positions noted would be required to file under the COIC.

On February 20, 2024, the City Council adopted Resolution No. 2024 -22, approving the establishment of three new job classifications of Administrative Leader, Program Leader, and Business Leader and corresponding job specifica tions. Due to the establishment of the three new job classifications the Business Program Leader was eliminated.

DISCUSSION:

Before submitting the Biennial Notice to the City Council, staff is to determine if amendments are necessary to include new positions, reclassifications, and eliminated positions that manage public investments from the list of designated positions, review disclosure categories, review the title of existing positions, or delete titles of positions that have been abolished. This procedure ensures that the COIC remains current and consistent with the classifications and positions held by City employees.

On March 18, 2025, the City Council adopted Resolution No. 2025 -33, approving the establishment of a Special Districts Planning Technician classification.

On July 1, 2025, the City Council adopted Resolution No. 2025 -105, approving updates to new and previous ly established classifications. Reclassification and establishment of a Crime Analyst Flex I/II and a Digital Forensics Examiner Flex I/II and authorizing an amendment to the Senior Police Records Technician salary.

On December 2, 2025, the City Council adopted Resolution No. 2025-204, approving the establishment of two new job classifications in the Utilities Department; a Lead Account Clerk-Scale House and a Utilities Office Specialist.

On August 4, 2026, the City Council adopted Resolution No. 2026 -129, approving the establishment of a new job classification in the Police Department deleting 1.0 Dispatcher II and adding 1.0 Public Safety Communications Manager.

Attached (Attachment A) is the Biennial Notice noting amendments to the COIC to include new positions, revise titles of existing positions, and delete titles of positions that have 3 been abolished and/or positions that no longer make or participate in making governmental decisions in accordance with the law.

As a result of the personnel changes from March 18, 2025, through August 4, 2026, inclusive of the Budget for Fiscal Years (FY) 24-26 and 26-28, it is necessary to amend Appendix A of the City’s Conflict of Interest Code to reflect new, reclassified, and eliminated positions and ensure that the COIC remains updated and consistent with State Law.

Fiscal Considerations
There is no fiscal impact associated with this agenda item.

Impact on the Community
The Biennial Notice and amendments to the COIC ensure that the City’s code is regularly updated in even -numbered years to provide the general public with current information regarding designated employees’ economic interests

ATTACHMENT(S)
A. Biennial Notice
B. Resolution
Exhibit A (Appendix A-D) to Resolution

Attachment A
Attachment B

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA
AMENDING APPENDIX “A” OF THE CONFLICT OF INTEREST

CODE FOR DESIGNATED FILERS OF THE CITY OF SANTA MARIA

WHEREAS, in 2002, the City Council adopted Resolution No. 2002-200 adopting a revised Conflict of Interest Code for designated filers; and

WHEREAS, the Fair Political Practices Commission (FPPC) requires that Conflict of Interest Codes be reviewed biennially to ensure that the list of designated filers is updated and accurate and that designated filers are filing under the correct disclosure categories for their position responsibilities; and

WHEREAS, a review was conducted and revisions to reflect new, reclassified, and eliminated designated positions and d isclosure categories were recommended for the respective departments; and

WHEREAS, based on the recommended revision s and approved classifications and job specifications on March 18, 2025, July 1, 2025, December 2, 2025, and August 4, 2026, it is necessary to amend Appendix A of the City’s Conflict of Interest Code; and

WHEREAS, City Council wishes to designate all City of Santa Maria employees who are required to file a Form 700 “ Statement of Economic Interests” to complete the AB 1234 Ethics training, pursuant to Government Code §53234(c)(3).

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

SECTION 1. Approve Amendments to Appendix A of the City of Santa Maria Conflict of Interest Code (Exhibit A) to reflect the eliminated positions and addition of new or amended classifications as designated filer s and are assigned their associated disclosure category(ies) referenced in Appendix C.

SECTION 2. Require all City of Santa Maria employees who are listed as designated Form 700 filers under the City’s Conflict of Interest Code to complete the AB 1234 Ethics training, pursuant to Government Code §53234(c)(3).

SECTION 3. Authorize the Chief Deputy City Clerk 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.

Attachment B

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held on this 15th day of September 2026.

______________________________
Mayor

ATTEST

__________________________
Chief Deputy City Clerk

Exhibit A – Appendix A-D of the Conflict of Interest Code

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
City Manager
Exhibit A

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Chenin Dow, Community Development Director

DATE: September 15, 2026

SUBJECT: Community Development Block Grants Consolidated Annual Performance and Evaluation Report for the 2025-2026 Fiscal Year

Description:

The City Council will receive and file information concerning the Consolidated Annual Performance and Evaluation Report for the 2025-2026 Fiscal Year.

RECOMMENDATION:

Receive and file information concerning the Consolidated Annual Performance and Evaluation Report for the 2025-2026 Fiscal Year.

BACKGROUND:

The Consolidated Annual Performance and Evaluation Report (CAPER) is a federally mandated report required of local governments that receive funds under U.S. Department of Housing and Urban Development (HUD) programs, such as the Community Development Block Grant (CDBG). The CAPER evaluates a jurisdiction’s performance in meeting goals and addressing community needs identified in the Five-Year Consolidated Plan and corresponding Annual Action Plan.

DISCUSSION:

The CAPER for Fiscal Year (FY) 2025-2026 covers the period from July 1, 2025, through June 30, 2026. It reports on the City’s progress toward achieving the goals established in the FY 2025-2026 Annual Action Plan, part of the 2025 -2029 Consolidated Plan. A 15 - day public review period for the draft CAPER was held from Saturday, August 29, to Tuesday, September 15, 2026.

2 Public Services:

Funding was awarded to 12 non -profit service providers. Key focus areas included preventing homelessness, meeting basic human needs, assisting the elderly and disabled, and youth services.

 50 percent: Critical needs (e.g., food, medicine, support for domestic violence and sexual assault victims)
 26 percent: Services for elderly residents
 14 percent: Assistance to unhoused individuals
 10 percent: Services for youth

Capital Projects:

Two City projects were funded:
o City of Santa Maria
 Sports Complex Project
 TBRA Administration

The full FY 2025-2026 CAPER is available online at www.cityofsantamaria.org/CAPER or by email upon request.

Alternative(s)
No alternatives apply; however, staff or Council may recommend changes to future CDBG priorities or implementation strategies based on this year’s outcomes.

Fiscal Considerations
There are no negative fiscal impacts associated with submitting the CAPER, provided it is submitted to HUD by the required deadline of September 27, 2026.

Impact on the Community
Timely submission and public availability of the CAPER promotes transparency and allows HUD and community stakeholders to evaluate the effectiveness of CDBG -funded programs and projects. It demonstrates accountability and prog ress toward meeting the City’s housing and community development goals.

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Rebecca Campbell, Director of Finance

DATE: September 15, 2026

SUBJECT: Adoption of a Resolution Approving First Quarter Amendments to the Fiscal Year 2026-27 Budget

Description:

The City Council will consider adopting a Resolution approving proposed budget amendments to the Fiscal Year 2026-27 Budget.

RECOMMENDATION:

Adopt a Resolution Approving First Quarter Amendments to the Fiscal Year 2026 -27 Budget for Personnel, Operational, and Capital Changes.

BACKGROUND:

On June 16, 2026, the City Council adopted the Fiscal Year (FY) 2026 -28 Biennial Budget. While the FY 2026 -27 Adopted Budget sets forth the budget and approved programs for the fiscal year, from time-to-time the need to adjust the budget may occur.

DISCUSSION:

Through this report the Finance Department is submitting on behalf of the other departments several amendments to increase revenues and/or appropriations for operations and/or staffing needs. Each of the proposed amendments are discussed below.

PROPOSED AMENDMENTS FOR GENERAL FUND:
 Employee Wellness Initiatives : The Human Resources Division of the City Manager’s Office received two forfeiture checks from Navia Benefit Solutions for the Flexible Spending Account plan years ending December 31, 2024, and 2025.

Under the IRS’s “use it or lose it” rules, unused employee Flexible Spending Account contributions become plan experience gains and are returned to the employer once all participant claims and administrative cos ts have been paid.

Navia issued these checks to the City based on participants’ unused balances for both plan years. The revenue was received in FYs 2024-25 and 2025-26 so this 2 amendment will be funded with available fund balance in the General Fund. This proposed amendment will increase appropriations in the General Fund in the amount of $15,706 to support employee wellness initiatives.

 Contribution to the Santa Maria Valley Historical Society : The City Manager’s Office seeks to support the Santa Maria Va lley Historical Society operation and maintenance of the Historical Museum located at 616 South Broadway. Pursuant to the City’s agreement with the Society, the Society is responsible for operating and maintaining the museum, collecting and preserving arti facts related to local history and providing educational exhibits, tours and programs. The City Manager’s Office proposes $20,000 in funding to support the City’s ongoing partnership with the Society to preserve and promote the community’s historical and cultural resources. To cover this in the budget, the City plans to use fund ing received from the Vernon Property Group, LLC, for the sale and disposition of City- owned surplus land for the Perlman Project, approved by City Council on September 17 , 202 4. This proposed amendment will increase General Fund revenues by $110,100, and appropriations by $20,000 for the contribution to the Historical Society.

 Conversion of Treasurer’s Trust to Budget ed Revenues and Expenditures :

Approximately two years ago , a Treasurer’s Trust (a.k.a., escrow account) was created for the Building Division of the Community Development Department to track plan check services that cannot be performed in -house and are paid for through Building permit revenues. The accounting for revenu es and expenses in this manner has proven to be administratively burdensome and the Finance and Community Development departments have agreed that budgeting for these revenues and expenditures in a traditional manner would be more appropriate. The FY 2026-28 Biennial Budget incorporates this budgeting and accounting change for the Building Division. Community Development recently consulted with Finance regarding the Planning Division’s similar situation regarding on-call Planning services that cannot be performed in-house and are paid through permit revenues.

This proposed amendment will incorporate this budgeting and accounting change for the Planning Division by increasing revenues and appropriations in the General Fund in the amount of $60,000, respectively. Neither the change for Building in the existing budget nor the proposed change for Planning reflect an increase in expenses or in contract services; the change is merely a transition from Treasurer’s Trust accounting to traditional budgeting.

 Three-Year Term -Limited Staffing for Agreement with the Santa Maria Public Airport District for Supplemental Law Enforcement Services : On August 4, 2026, the City Council adopted a Resolution approving an agreement with the Santa Maria Public Airport District for supplemental law enforcement services. This agreement established an initial three -year term beginning August 4, 2026 , through June 30, 2029, with an automatic two -year renewal unless terminated or amended by the parties. The Santa Maria Police Department (SMPD) will provide sworn officers to satisfy Transportation Security Administration (TSA) law 3 enforcement officer requirements for scheduled commercial passenger departures while also providing proactive patrols, responding to crimes and call s for service, conducting investigations, and coordinating with Airport management, the Federal Aviation Administration (FAA), and TSA as appropriate. The Santa Maria Airport District will compensate the City $265,500 in FY 2026 -27 and compensation will increase by five percent (5%) annually to offset an increase in personnel, administrative, equipment, and operating costs. The action taken by the City Council only approved the agreement between the City and the Santa Maria Airport District. This proposed a mendment will increase General Fund revenues by $265,500, to account for the amount to be paid by the Santa Maria Airport District to the City, and appropriations by $165,000, to account for the allocation of one (1) Full -Time Police Officer position for a period of three years in alignment with the initial term of the agreement in the General Fund. The Police Officer position will be included in the budget in subsequent years so long as the agreement is not terminated or amended.

PROPOSED AMENDMENT FOR GENERAL FUND AND GENERAL CAPITAL FUND:
 Reallocate appropriation in the General Fund for Unforeseen Facility Repairs account to the General Capital Fund for an Unforeseen Maintenance, Repairs and Replacements Project: In FY 2023 -24 the Facilities Division in the Public Works Department identified the need for a contingency account for unforeseen maintenance or emergency repairs to City facilities that were not previously identified during the budget process. Since FY 2023 -24, the budget has included a $100,000 contingency in the General Fund for this purpose. At the start of this current fiscal year, there have been several repair requests, including one for the Police Department boiler room, HVAC repairs and replacements, and other urgent facility maintenance, some of which rise to the level of a capital project as opposed to an operational maintenance or repair. By creating a capital project in the General Capital Fund funded with a transfer in from the General Fund, the Facilities Division will be able to ali gn its response to the unforeseen needs with purchasing guidelines. This proposed amendment is comprised of the following:
o Conversion of the existing annual appropriation of $100,000 in the Unforeseen Facility Repairs account in the General Fund to a transfer out from the General Fund;
o Increase of the transfer in from the General Fund to the General Capital Fund by $100,000; and
o Increase appropriations in the General Capital Fund for the Unforeseen Maintenance, Repairs and Replacements Project.

PROPOSED AMENDMENT FOR WATER FUND:
 Wastewater Treatment Plant Locker Room Remodel : The existing men’s locker room at the Wastewater Treatment Plant (WWTP) does not provide adequate space to properly store and manage employee uniforms. Overcrowded storage makes it difficult to track inventory, audit the uniform vendor, and ensure staff have reliable access to required uniforms. This project will remodel the locker room to accommodate current organizational chart staffing and future grow th. This 4 proposed amendment will increase appropriations in the Water Fund by $75,000 for this project.

PROPOSED AMENDMENT FOR TRANSIT FUND:
 Electric Bus Purchase : The FY 2026 -28 Biennial Budget includes revenues and appropriations of $4.5 million each in FY 2026-27 and FY 2027-28 for the Transit Division of the Public Works Department to purchase six electric buses to support the City’s compliance with State mandate for the transition to zero emission transit vehicles by 2040. Transit currently has three active Federal Transit Administration (FTA) grant awards open and the project scope across these awards is now seven buses. Bus suppliers have a two-year delivery turnaround from the time a purchase order is issued . Transit is requesting this amendment to increase the number of buses to be purchased from six to seven , resulting in increasing revenues and appropriations to $10.5 million, respectively, in the Transit Fund for this purchase.

The $4.5 million budgeted in FY 2027 -28 will not be requested for this purpose during the FY 2027-28 Mid-Cycle Budget Update.

Fiscal Impact
The proposed budget amendments will result in the following increases and decreases in various accounts, as follows:

1. Increase appropriations for the Human Resources Division of the City Manager’s Office in the General Fund by $ 15,706 for employee wellness initiatives.
o Workday Worktags: FD100 General Fund | CC0420 Employment Services | SC4225 Contractual & Prof Svs. | A040011-Employee Wellness Initiative

2. Increase revenue in the Recreation & Parks Department, and appropriations for the City Manager’s Office in the General Fund by $20,000 for the Historical Society.
o Workday Worktags: FD100 General Fund | CC082 2 Recreation & Parks Facilities | RC 3235 Gain/Loss on Disposal of Asset-Other: $110,100 o Workday Worktags: FD100 General Fund | CC04 99 Citywide Non - Departmental-City Manager | SC8350 Contributions to Outside Agencies :
$20,000.

3. Increase revenues and appropriations for the Planning Division of the Community Development Department in the General Fund by $60,000, respectively, for on-call Planning services that are fully paid through permit revenues.
o Workday Worktags:

1. FD100 General Fund | CC0620 Community Development Planning | RC6003 Cost Recovery – Community Development: $60,000

2. FD100 General Fund | CC0620 Community Development Planning | SC4820 Reimbursement Programs: $60,000

4. Increase allocation of one (1) three-year term-limited Full-Time Police Officer to provide supplemental law enforcement services to the Santa Maria Public Airport District , as well as revenues and appropriations for the Operations Division of the Police Department in the General Fund.
5 o Workday Worktags:

1. FD100 General Fund | CC1020 Police Department Operations | RC6201 Reimbursements – Law Enforcement | PG104900 SM Airport Contract:
$265,500

2. FD100 General Fund | CC1020 Police Department Operations | Various Spend Categories | PG104900 SM Airport Contract: $165,000

5. Reallocate appropriation in the General Fund for Unforeseen Facility Repairs account to the General Capital Fund for an Unforeseen Maintenance, Repairs and Replacements Project by converting the appropriation in the General Fund to a Transfer Out to the General Capital Fund and increasing appropriations in the General Capital Fund, as follows:
o Conversion of the existing annual appropriation of $100,000 in the Unforeseen Facility Repairs account in the General Fund to a transfer out to the General Capital Fund;
 Workday Worktags:

1. FD100 General Fund | CC1150 Public Works Operations | SC3610 Unforseen Facility Repairs | PG112000 Public Works Buildings :
($100,000)

2. Workday Worktags: FD100 General Fund | CC0510 Finance Administration | SC9000 Capital Transfers Out: $100,000 o Increase of the transfer in from the General Fund to the General Capital Fund by $100,000 and increase appropriations in the General Capital Fund for the Unforseen Maintenance, Repairs and Replacements Project:
 Workday Worktags:

1. FD310 Capital Projects -General | CC0599 Citywide Non - Departmental – Finance | RC9010 Capital Transfers In: $100,000

2. FD310 Capital Projects-General | CC1150 Public Works Operations | SC7300 Structures & Structure Improvements | PG112000 Public Works Buildings | New Project: Unforseen Maintenance, Repairs and Replacements: $100,000

6. Increase appropriations for th e Utilities Water Distribution Division of the Utilities Department in the Water Fund by $75,000 for the Wastewater Treatment Plant Locker Room Project:
o Workday Worktags:
 FD620 Water | CC0280 Utilities Water Distribution | SC7300 Structures & Structure Improvements | New Project: Wastewater Treatment Plant (WWTP) Mens Locker Room Remodel

7. Authorize the purchase of a seventh bus and increase revenues and appropriations by $6 million, respectively, for the Transit Division of the Public Works Department in the Transit Fund.
o Workday Worktags:

ATTACHMENT(S)

A. Resolution
Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

APPROVING FIRST-QUARTER AMENDMENTS TO
THE FISCAL YEAR 2026-27 BUDGET FOR PERSONNEL,

OPERATIONAL, AND CAPITAL CHANGES

WHEREAS, certain personnel and operational issues are brought forward for the City Council’s consideration; and

WHEREAS, it is recommended to amend the 2026-27 budget for subsequent appropriations, actions, and costs as determined to be in the public’s best interest.

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

SECTION 1 . Increase appropriations in the General Fund by $ 15,706 for the Human Resources Division of the City Manager’s Office for employee wellness initiatives.

SECTION 2 . Increase appropriations in the General Fund by $ 20,000 for the Citywide Non -Departmental Division of the City Manager’s Office for the Santa Maria Valley Historical Society Museum and increase General Fund revenues by $110,100 for the Recreation & Parks Facilities for the sale and disposition of City -owned surplus land for the Perlman Project.

SECTION 3 . Increase revenues and appropriations in the General Fund by $60,000, respectively, for the Planning Division of the Community Development Department on-call Planning services.

SECTION 4. Increase allocation of one (1) three-year term-limited Full-Time Police Officer, as well as revenues and appropriations in the General Fund by $265,500 and $165,000, respectively, for the Operations Division of the Police Department to provide supplemental law enforcement services to the Santa Maria Public Airport District.

SECTION 5. Reallocate the $100,000 appropriation in the General Fund for Unforeseen Facility Repairs account to a transfer out to the General Capital Fund in support of an Unforeseen Maintenance, Repairs and Replacements Project.

SECTION 6. Increase appropriations in the Water Fund by $75,000 for the Utilities Water Distribution Division of the Utilities Department for the Wastewater Treatment Plant Locker Room Project.

///

Page 2 of 2 ends

SECTION 7. Increase revenues and appropriations in the Transit Fund by $ 6 million, respectively, for the Transit Division of the Public Works Department and authorize the purchase of a seventh bus.

SECTION 8. The Chief Deputy City Clerk is hereby authorized to make m inor 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.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 15th day of September 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Bradley J. Dandridge, Fire Chief

DATE: September 15, 2026

SUBJECT: Adoption of a Resolution Approving a Donation of Funding and Budget Amendment for Personal Protective Equipment

Description:

The City Council will consider adopting a Resolution approving the receipt of a monetary donation from Amazon for the purchase of Personal Protective Equipment to enhance safety of Santa Maria Fire Department personnel.

RECOMMENDATION:

Adopt a Resolution approving a $150,000 donation from Amazon to the Santa Maria Fire Department and a budget amendment for the purchase of Personal Protective Equipment.

BACKGROUND:

Amazon.com, Incorporated is an American multinational technology comp any engaged in e-commerce, cloud computing, online advertising, digital streaming, entertainment, and artificial intelligence. Amazon donated funds for the Santa Maria Fire Department to purchase new Personal Protective Equipment (PPE), specifically turnou ts, for its personnel.

Government Code Section 37354 provides that the City Council may accept any gift, bequest, or devise made to or for the City, or to or for any of its offices in their official capacity, or in trust for any public purpose. City Administration Memo CAM 2017-01 sets forth procedures for reviewing, accepting, and acknowledging gifts and/or donations offered to the City in order to: 1) establish compliance with the law in a consistent manner regardless of the source of the donation; 2) es tablish uniform procedures for the receipt of donations to the City; 3) cultivate an environment where residents and businesses want to contribute to the City’s programs and facilities; 4) promptly acknowledge and express appreciation for donations; and 5) assure donations are properly inventoried and accounted for.

2 DISCUSSION:

The donation of funding to purchase the PPE will significantly benefit departmental personnel and the community. The new PPE will be Per- and Polyfluoroalkyl Substances (PFAS) free.

Firefighting is inherently dangerous , and the City is committed to protecting the health and safety of our members. Our personnel should have access to the safest turnout gear available. PFAS -free gear allows our firefighters to remain healthy and serve our community at the highest levels.

Recent studies have shown that all three layers of fire fighter turnout gear contain Per and Polyfluoroalkyl Substances (PFAS), a class of fluorinated chemicals known as “forever chemicals,” linked to cancer and other serious health effects. These studies highlight the risks associated with the materials and finishes used in turnout gear even before it is exposed to its first fire.

Fiscal Considerations
There is no fiscal impact to the General Fund associated with this donation. The total cost of the Personal Protective Equipment will be fully funded by this donation. The $150,000 donation appropriation will be deposited to Fund 100, Cost Center 0920, Revenue Category 8403 (Donations – Other).

To reflect spending this donation, the Fire Department is requesting that its budget’s appropriation level be increased by $150,000. The appropriation should be placed in Fund 100, Cost Center 0920, Spend Category 2080 (Personal Protective Equipment)

Impact on the Community
This donation highlights the vital role the Santa Maria Fire Department plays in the community, as recognized by Amazon. The donation will significantly enhance the safety of both the firefighters and the community.

ATTACHMENT(S)
A. Resolution

Attachment A

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA
APPROVING A $150,000 DONATION FROM AMAZON TO THE

SANTA MARIA FIRE DEPARTMENT AND A BUDGET AMENDMENT FOR THE

PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT

WHEREAS, Amazon.com, Inc has donated funds in the amount of $150,000 specifically for the Fire Department to purchase Personal Protective Equipment; and

WHEREAS, Government Code Section 37354 provides that the City Council may accept any gift, bequest, or devise made to or for the City, or to or for any of its officers in their official capacity or in trust for any public purpose; and

WHEREAS, the City’s Gift and/or Donation Policy CAM 2017-01 requires offers of monetary donations or items valued more than $25,00 0 must be accepted by the City Council; and

WHEREAS, the Fire Department’s budget will need to be increased to purchase the Personal Protective Equipment fully funded by this donation.

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

SECTION 1. Approve the acceptance of the donation in the amount of $150,000 from Amazon to purchase Personal Protective Equipment and increase the appropriation level of the Fire Department’s budget by $150,000.

SECTION 2. Authorize the City Manager or designee to prepare a letter of appreciation to Amazon.

SECTION 3. Authorize the Chief Deputy City Clerk to make minor changes herein to address clerical errors, so long as substan tial 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.

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Attachment A

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meet ing of the City Council of the City of Santa Maria, California, held this 15th day of September 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Christopher Williams, Chief of Police

DATE: September 15, 2026

SUBJECT: Adoption of a Resolution Awarding a Purchasing Agreement to Flock Group, Inc. , d/b/a Flock Safety, for Aerodome Drone as First Responder Services

Description:

The City Council will consider approving a purchasing agreement with Flock Group, Inc., d/b/a Flock Safety, for Aerodome Drone as First Responder services for the Santa Maria Police Department.

RECOMMENDATION:

1. Adopt a Resolution approving a purchasing agreement with Flock Group, Inc. , d/b/a Flock Safety for Aerodrome Drone as First Responder services for the Santa Maria Police Department; and

2. Authorize the City Manager or designee to execute the agreement.

BACKGROUND:

The Santa Maria Police Department continues to look for ways to improve public safety, increase officer safety, and provide better service to the community. One area the Department is evaluating is the use of Drone as First Responder technology.

A Drone as First Responder program uses remotely operated drones to respond to calls for service and provide real-time aerial information to officers and supervisors. The drone can be deployed while officers are responding and can provide an early view of the scene, helping personnel better understand what is occurring before they arrive.

Flock Safety has proposed an Aerodome Drone as First Responder system for the Santa Maria Police Department. The proposed system includes two NDAA -compliant Alpha drones and two battery -swapping docks. The system also includes the hardware, software, training, installation, deployment support, FAA regulatory assistance, standard operating procedure support, and ongoing technical support.

The proposal also includes Flock911 for Aerodome. Flock911 is designed to allow authorized users to access live 9 -1-1 call informatio n. This information can provide additional information to personnel responding to calls for service and help improve coordination during active or evolving incidents.

2 The Department intends to use the system throughout the City of Santa Maria to respond to appropriate calls for service. The drones would be used to provide aerial information that may help personnel evaluate scene conditions, identify hazards, locate involved persons or vehicles, monitor active incidents, and coordinate ground resources. The Department anticipates installing two drone docks; however, the final dock locations have not yet been selected.

The Santa Maria Police Department already has personnel who are certified remote pilots under FAA Part 107. Department personnel will operate the drones. Prior to deployment, the Department will establish policies and procedures governing the use of the DFR system, including authorized uses, privacy protections, access controls, data retention, accountability, and community engagement. All operations will be conducted in compliance with applicable laws, FAA requirements, Department policy, and any required FAA approvals or waivers.

DISCUSSION:

Approval of the proposed agreement would allow the Santa Maria Police Department to implement a Drone as First Responder program using the Flock Aerodome platform.

The proposed system includes two Alpha drones, cameras, batteries, battery -swapping docks, remote-piloting software, air -traffic awareness, livestream and spectator -view capabilities, mobile access, flight logging, mission reporting, and a community - engagement dashboard. The system also includes Flock911 for Aerodome, which would allow authorized personnel to view live 9-1-1 call information.

The DFR program is intended to support officers and supervisors and is not intended to replace officer response or professional judgment. For appropriate calls for service, a drone may be deployed while off icers are responding. The drone can provide aerial information that may help personnel determine what is happening at the scene, identify potential hazards, assess whether a suspect is present or has left the area, locate missing or endangered persons, and coordinate a safe and effective response.

The system may also be used to support other public-safety needs when appropriate and authorized, including significant incidents, search operations, missing -person calls, fire - related incidents, traffic collisio ns, large events, and other situations where aerial information may improve safety or response coordination.

The agreement includes installation, deployment support, training, and ongoing support.

Flock will assist the City with applicable FAA regulatory waivers and will provide training related to airworthiness and drone operations. The Department will use existing Part 107- certified personnel as pilots and will remain responsible for operating the system in accordance with applicable laws, FAA requirements, waivers, and Department policy.

The anticipated go -live date is the first quarter of 2027. The final deployment date will depend on selecting dock locations, site readiness, permitting, installation, training, and any required regulatory approvals. Fl ock has committed to deliver the Alpha drones to 3 Santa Maria on or before March 31, 2027, if the agreement is executed on or before September 25, 2026.

The proposed purchasing agreement will be procured through OMNIA Partners Cooperative Purchasing Contra ct No. R250203, consistent with the City’s Purchasing Policy. The agreement has a five-year initial term and includes two Flock Aerodome DFR Alpha systems with docks and Flock911 for Aerodome services.

Before the system is deployed, the Department will de velop and implement a policy that addresses authorized uses, pilot qualifications, safety procedures, privacy protections, access controls, data retention, supervision, documentation, auditing, and community engagement. The Department will also work with C ity departments and other applicable agencies to identify final dock locations and address permitting, electrical, structural, and installation requirements.

Alternative(s)
City Council may choose not to approve the purchasing agreement.

Fiscal Considerations
The total proposed agreement amount is $1,200,000 over a five -year initial term, excluding applicable taxes. The agreement provides for the following annual payment schedule:

Contract Year Amount
Year 1 $200,000
Year 2 $200,000
Year 3 $200,000
Year 4 $300,000
Year 5 $300,000
Contract Total $1,200,000

The proposed DFR program is not included in the adopted 2026–2028 budget. The Santa Maria Police Council has committed to provide $100,000 per year for three years, for a total contribution of $300,000 toward the program.

The Department anticipates the remaining cost of the program for the initial three years will be funded through departmental budget savings in the City’s General Fund, and future costs shall be subject to the City’s budget appropriation process and available funding.

Impact on the Community
Implementation of the Flock Aerodome Drone as First Responder program is intended to improve the Santa Maria Police Department’s ability to respond safely, efficiently, and effectively to calls for service throughout the City.

The program would provide officers and supervisors with additional information during active and evolving incidents. When used in accordance with applicable laws and 4 Department policy, the system may allow personnel to obtain real-time aerial information before officers arrive or while they are responding.

Potential benefits to the community include:
 Faster access to information during calls for service.  Improved assessment of scene conditions before officers arrive.  Increased safety for officers, community members, and involved persons.  Improved coordination and deployment of ground resources.  Improved response capabilities for missing -person calls, search operations, fire - related incidents, traffic collisions, and significant incidents.  Greater situational awareness during emergency operations.  The ability to identify hazards or changing conditions before officers enter a scene.

The DFR program is intended to complement traditional po lice response, not replace it.

Officers will continue to respond to calls for service as appropriate, and the drone will be used as an additional tool to provide information and support decision-making.

Before the system becomes operational, the Departmen t will establish policies and procedures addressing how the drones may be used, who may access the system, how information is retained, and how the Department will ensure accountability and oversight.

The Department will also conduct public outreach regarding the program and its intended use.

These steps are intended to ensure that the technology is used responsibly, transparently, and in a manner that supports public safety while recognizing privacy and community concerns.

ATTACHMENT(S)
A. Resolution
B. Aerodome Quote
C. Aerodome Proposed Contract

Attachment A

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

APPROVING A PURCHASING AGREEMENT
WITH FLOCK GROUP, INC., D/B/A FLOCK SAFETY FOR

AERODOME DRONE AS FIRST RESPONDER SERVICES

FOR THE SANTA MARIA POLICE DEPARTMENT

WHEREAS, the Santa Maria Police Department continually evaluates technology and operational tools that can improve public safety, enhance officer and community safety, and strengthen the Department’s ability to respond effectively to calls for service; and

WHEREAS, Drone as First Responder programs use remotely operated unmanned aircraft systems to provide real -time aerial situational awareness before or while officers are responding to calls for service; and

WHEREAS, Flock Group, Inc., doing business as Flock Safety, has proposed an Aerodome Drone as First Responder system consisting of two NDAA -compliant Alpha drones, two battery-swapping docks, Flock911 for Aerodome, associated hardware and software, installation, training, deployment support, FAA regulatory assistance, and ongoing support for the Santa Maria Police Department; and

WHEREAS, the proposed system is intended to provide authorized Santa Maria Police Department perso nnel with additional aerial information that may assist with assessing incident conditions, identifying hazards, locating involved persons or vehicles, coordinating responding resources, and supporting safe and effective responses to calls for service throughout the City of Santa Maria; and

WHEREAS, the Santa Maria Police Department has personnel certified as remote pilots under Federal Aviation Administration Part 107 and will establish policies and procedures before operational deployment of the system; and

WHEREAS, the proposed purchasing agreement will be procured through OMNIA Partners Cooperative Purchasing Contract No. R250203, consistent with the City’s Purchasing Policy; and

WHEREAS, the proposed purchasing agreement has a five-year initial term and a total contract amount not to exceed One Million Two Hundred Thousand Dollars ($1,200,000), excluding applicable taxes.

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

SECTION 1. Approve award of a Purchasing Agreement to Flock Group, Inc., d/b/a Flock Safety, for Aerodome Drone as First Responder services for an amount not to exceed One Million Two Hundred Thousand Dollars ($1,200,000), excluding applicable taxes; and,

SECTION 2. Authorizing the City Manager or designee to execute the Purchase Agreement;

SECTION 3. 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.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 15th day of September 2026.

___________________________
Mayor

ATTEST:

____________________________
Chief Deputy City Clerk

APPROVED AS TO FORM:

_____________________________
City Attorney
APPROVED AS TO CONTENT:
______________________________
Department Director

______________________________
City Manager

Flock Safety + CA - Santa Maria PD
______________

Flock Safety
3284 Northside Parkway NW, Suite 150
Atlanta, GA 30327
______________

MAIN CONTACT:

Caroline Fraher
[email protected]
3108443659

Quote Number: Q-222719
Expiration Date: 09/25/2026

Attachment B

ORDER FORM

This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”)

Customer: CA - Santa Maria PD Initial Term: 60 Months
Legal Entity Name: CA - Santa Maria PD Renewal Term: 36 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 111 W Betteravia Rd Santa Maria,
California 93455
Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days

Hardware and Software Products
Recurring amounts over subscription term

Item Price Quantity Total
Flock Safety Platform
Flock Safety Drone Hardware and Services
Flock Aerodome DFR - Alpha + Dock Included 2 Included
Flock911 for Aerodome Included 1 Included
<# <<# <
Professional Services and One Time Purchases

Item Price Quantity Total
One Time Fees

Subtotal Year 1: $200,000.00

Discounts: $300,000.00
Estimated Tax: $0.00
Contract Total: $1,200,000.00

The Third Party Terms set forth at http://flocksafety.com/legal are incorporated herein by reference to the extent applicable to the Flock Services described in this Order Form.

Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “ Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then -current term.

The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardwar e that requires self- installation shall commence upon execution of the Agreement. In the event a Customer purchases more than one t ype of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agre ement.

If Customer is located in any of the state(s) listed at https://www.flocksafety.com/legal/state-required-provisions, the applicable state-required terms set forth therein are incorporated into the Agreement .

Special Terms
OMNIA Contract #R250203

Subject to Santa Maria’s execution of this Order Form on or before September 25, 2026, Flock will ensure delivery of the Alph a Drone to Santa Maria on or before March 31, 2027.

Billing Schedule

Billing Schedule Amount (USD)
Year 1 $200,000.00
At Contract Signing
Year 2 $200,000.00
Year 3 $200,000.00
Year 4 $300,000.00
Year 5 $300,000.00
Contract Total $1,200,000.00
*Tax not included

Discounts

Discounts Applied Amount (USD)
Flock Safety Drone Hardware and Services $300,000.00
Flock Safety Platform $0.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00

Product and Services Description
Flock Safety Platform Items Product Description
Flock Aerodome DFR - Alpha +
Dock
NDAA-compliant Drone as First Responder (DFR) 2.0 system, including hardware, software, and services. Hardware includes NDAA -compliant Alpha drone, camera, batteries, and battery -swapping dock. Software includes remote piloting, air traffic awareness, spectator view, mobile app, flight logging, mission reporting, and community engag ement dashboard. Services include FAA regulatory services, SOP development, training, and ongoing support.

Flock911 for Aerodome
Flock911 enables users to access live 911 calls directly within the FlockOS ™ software, delivering real-time situational context that ensures faster, safer, and more efficient responses to calls for service.

FlockOS Features & Description
FlockOS Features Description

PRODUCT ADDENDUM

UNMANNED AIR SUPPORT AS A SERVICE (UASaaS) PROGRAM

FOR DRONE RESPONSE SERVICES

1. UNMANNED AIR SUPPORT GENERAL TERMS OF DELIVERY

1.1. Batteries. Flock will provide Customer with the number of sets of batteries described in the Statement of Work (“SOW”) between the Parties.

1.2. FAA Regulatory Waivers. Flock will assist Customer in acquiring any required Federal Aviation Administration (“FAA”) regulatory waivers, where applicable.

1.3. Delivery. Flock shall make the Flock Hardware available to Customer at Customer’s delivery address set forth in the Order Form (“Delivery Point”). If for any reason Customer fails to accept delivery of the Flock Hardware by the date fixed pursuant to Flock's notice stating that the Flock Hardware is available at the Delivery Point, then (i) Customer shall bear the risk of loss to the Flock Hardware; (ii) the Flock Hardware shall be deemed to have been delivered; and (iii) Flock, at its option, may store the Flock Hardware until collected by Customer, at Customer’s expense (including, without limitation, the cost of storage and insurance). Once the Flock Hardware is made available at the Delivery Point, Customer is responsible for any resulting use of the Flock Hardware by all Authorized End Users and all third-parties who may gain access to the same.

1.4. Pilot Services. If included in an Order Form, Flock will make available an employee or independent contractor pilot (each a “Pilot”) to Customer for purposes of operating the Flock Hardware (hereafter the “Pilot Services”) at the pricing set forth in the Order Form. The Pilot Services shall be considered part of the Flock Services. When operating the Flock Hardware, the Pilot shall comply with the reasonable requests of Customer.

Customer’s use of the Pilot Services shall not alleviate any of Customer’s obligations set forth herein. Customer shall provide Pilots with a safe working environment when on Customer’s premises.

2. LOSS AND DAMAGE OF FLOCK HARDWARE

2.1. Customer assumes and shall bear the entire risk of loss, damage to, theft or destruction of, all Flock Hardware to the extent caused by Customer’s negligence, malicious or intentional acts or omissions, or failure to adhere to the terms of the Agreement, including the SOW between the Parties. LOSS OR DAMAGE TO THE FLOCK

HARDWARE, OR ANY PART OF IT, SHALL NOT RELIEVE CUSTOMER OF ANY OBLIGATION UNDER THE AGREEMENT. Customer’s obligations with respect to this Section shall commence upon delivery of the Flock Hardware.

2.2. Customer agrees to immediately notify Flock of any accident or event of loss or damage involving the Flock Hardware. The notification shall include any information as may be pertinent to Flock's investigation of such accident, loss, or damage, or which Flock may reasonably require.

3. NDAA COMPLIANCE GUARANTEE. In the event of a federal or state law, regulation, or enforceable governmental order (“Legal Prohibition”) that prohibits Customer’s use, operation, or procurement of drones that are not compliant with the National Defense Authorization Act (“NDAA”) (“Restricted Drones”), Flock will provide replacement drones that are fully compliant with the NDAA (“NDAA Compliant Drones”). Upon confirmation of a Legal Prohibition affecting Customer’s use of Restricted Drones, Flock shall, as soon as commercially practicable, replace all Restricted Drones that are part of the Customer’s Flock Services and subject to Legal Prohibition with NDAA Compliant Drones of comparable functionality, specifications, and coverage area (provided that Customer understands that the number of replacement NDAA Compliant Drones may not be equal to the number of Restricted Drones). The replacement process shall be completed within a commercially reasonable time of the effective date of the Legal Prohibition.

4. INDEMNITY. To the fullest extent permitted by Applicable Law, Customer shall defend, indemnify, and hold harmless Flock, its affiliates, and their respective officers, directors, agents, contractors, and employees (“Flock Indemnified Parties”) from and against any and all third party claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees (collectively, “Losses”) arising out of or related to:
(a) gross negligence, recklessness, or willful misconduct, of Customer or any third party acting on Customer’s behalf in connection with drone-related operations; (b) Customer’s failure to comply with Applicable Law;
(c) Customer site conditions, including structural integrity, electrical capacity, or other physical conditions; and
(d) any decision by Customer to decline or not implement Flock-recommended structural, electrical, safety, or compliance-related measures.

Customer acknowledges that certain structural, electrical, or compliance-related measures may be recommended by Flock. To the extent Customer elects not to implement such recommendations, Customer assumes all associated risks, and such decision shall not limit its indemnification obligations. Customer shall not settle any claim subject to this Agreement without Flock’s prior written consent if such settlement imposes obligations on or admits fault by any Flock Indemnified Party. This indemnification shall not apply to the extent Losses are finally determined to result from Flock’s gross negligence or willful misconduct. Any unenforceable provision shall be deemed modified to the minimum extent necessary to comply with Applicable Law.

SCHEDULE A

SERVICES

All training described in this Schedule A may be conducted remotely or in person, as agreed by the Parties. The Parties will mutually agree on the frequency and duration of such training.

1. AIRWORTHINESS TRAINING

Flock will provide training for Customer regarding maintaining the airworthiness of its drones, including compliance-related trainings.

Customer shall be responsible for ensuring that all individuals involved in the operation of the Flock Hardware, including but not limited to pilot in command, visual observer, and sensor or payload operator, have the qualifications, experience, licenses, training, and certificates required by applicable FAA regulations and the necessary skill required to perform their duties. Customer is solely responsible for the safety of operations, maintaining the airworthiness of the drones, and ensuring that its operations are in line with all Applicable Laws and regulations.

2. FLIGHT TRAINING

Flock will assist Customer in obtaining FAA BVLOS waivers where applicable, and for the purpose of establishing and sustaining drone operability, and provide training to Customer on drone operations. Flock will also provide training materials to Customer to support Customer’s training efforts for all Customer employees engaged in the operation of drones. It is the sole responsibility of Customer, as the operator, to ensure that all employees engaged in the operation of drones have been adequately trained on the safe operation of drones and any terms or provisions regarding Customer’s operations under the relevant BVLOS waivers.

Flock’s training regarding utilization of the Flock Services will consist of treating Customer how to:

• Access the Web Interface on their respective internet devices

• View a live stream through the Web Application

• Control the drone using the Web Application

• Report problems if they come across them on the Web Application

3. FLOCK HARDWARE TRAINING

Flock’s training regarding the proper use of the Flock Hardware will consist of:

• Discussing maintenance list for the drone, and how to maintain airworthiness

• Teaching how to fly the drone through the Web Interface

4. DEPLOYMENT SUPPORT

Only personnel authorized by Customer will have access to the drone livestream.

All operations must be conducted by a Pilot in Command (“PIC”), who is certified in accordance with FAA regulations and who has the requisite knowledge for safe operations of the Flock Hardware and Software. Customer will provide the PICs required to operate the Flock Hardware unless Flock is contracted to provide Pilot Services in accordance with this Agreement.

Upon Customer’s request, Flock will assist Customer in drafting a Standard Operating Procedure (“SOP”) document, as well as department policies regarding access, deployments, privacy, and community engagement.

5. AUTHORIZATION FOR REGULATORY RECIPROCITY (PART 91 OPERATIONS & MAINTENTENCE)

To the extent applicable, the Customer hereby designates Flock as an authorized operator under its FAA Part 91 certificate of waiver or authorization (“COA”) for the specific purpose of performing "test & tune" quality assurance and quality control missions, general maintenance, and operations. As a result, the terms of the Part 91 Operational Agreement for Quality Checks, Quality Assurance, and Maintenance (“Operational Agreement”) located at https://www.flocksafety.com/legal/part91-operational-agreement are hereby incorporated into the Agreement by reference; provided, however, that the Operational Agreement shall apply only to the extent the Customer receives such COA.

SCHEDULE B

CUSTOMER RESPONSIBILITIES

Customer acknowledges that improper operation of unmanned aircraft systems may cause injury to persons or property. Customer agrees that it and its authorized users will at all times: (a) exercise reasonable care in using the Flock Services and Flock Hardware; (b) use the Flock Services and Flock Hardware only in accordance with the information and warnings set forth in the Help Center located at help.flocksafety.com, and any other published product materials, technical specifications, user manuals, maintenance guidelines, and support communications provided by Flock from time to time; (c) use the Flock Services and Flock Hardware in full compliance with all applicable local, state, national and international laws and regulations related to the operation of unmanned aircraft systems in any territory of operation, including any applicable laws and orders with regard to privacy, pilot licensure, operating within visual line of sight (unless the Customer has received proper approval from a civil aviation authority waiving such limitation), detecting and avoiding other aircraft, and airspace restrictions (such as temporary flight restrictions issued by the FAA, the Civil Aviation Safety authority (CASA), or other government agencies or other authorities); (d) obtain and maintain all licenses, consents, clearances, and authorizations required to operate unmanned aircraft systems before using the Flock Services; and (e) comply with all relevant flight limitations and restrictions that may be imposed during flights by any government agency or other authority.

Customer must abide by the following standards to the extent applicable to Customer:

• Per FAA regulations, and without the necessary waiver, a minimum of one pilot is required to operate each drone

• Customer shall either cooperate with Flock to obtain FAA-compliant waivers necessary for Customer to utilize the Flock Services or independently obtain such waivers. Customer is solely responsible for operating the Flock Hardware in accordance with the provisions and limitations, if any, of such waivers.

• Train Customer personnel to be visual observers.

• If Customer wants to connect Flock’s software to third party software, (for example, their Computer Aided Dispatch system), Customer must provide access to third party software at no cost to Flock.

• Customer is responsible for recording and storing information about the purpose of all calls, including but not limited to calls-for-service and training.

By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Santa Maria PD

By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\

PO Number:

David Rowlands
City Manager
[email protected]

\FSDateSigned1\

Subject: Authorization for Flock Group, Inc. (Flock Safety) to Act on Behalf of CA - Santa Maria PD for Permitting Purposes

To Whom It May Concern:

This letter serves as formal authorization for Flock Group, Inc. d/b/a Flock (“Flock”), including its employees, agents, and authorized representatives, to act on behalf of CA - Santa Maria PD in all matters related to permitting, approvals, and associated submissions required by applicable jurisdictions.

Flock is hereby authorized to prepare, submit, and manage permit applications and supporting documentation, including but not limited to site plans, engineering documents, traffic control plans, and any other materials required by local, county, or state jurisdictions for the installation and operation of Flock equipment.

This authorization includes permission to:
● Submit permit applications and related documents on behalf of CA - Santa Maria PD ● Communicate directly with jurisdictional authorities, agencies, and reviewers ● Respond to comments, requests for information, and required revisions ● Receive correspondence, status updates, and official determinations related to such applications

CA - Santa Maria PD acknowledges and agrees that all permit applications submitted by Flock are made with its full knowledge and consent, and that Flock is acting as its authorized representative solely for the purposes described herein.

This authorization shall remain in effect from the date of signature below until further notice, unless revoked in writing by CA - Santa Maria PD

If you have any questions or require additional verification, please contact the undersigned.

Sincerely,

\FSSignature1\

f'{"ncK saf sty
F'LOCK GXq.OUX' {NC"
SER.VICES AGR.EEMENIT
OR.DER. F'OR.M
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Croup Inc. ("F[ock") and the customer identified below ("Celstomen") (each of F'lock and Customer, a "Fanty"). This order fonrr ("Ondea' Forma") hereby incorporates and includes the "GOVERNMENT ACENCY CUSTOMER AGREEMENT" aLrached (the "Tenns") which describe and set forth the g,eneral legal temrs goveming the relationship (collectively, the "A.greennaent" ; The Terms conrain, among other things, r,varranty disclaimers, liabiIity Iiuritations and use lirnitations.

The Agreement will become etlbctive when this Order Form is executed by both Parties (the "Eflflective Da{e").

Custorner: City of Santa Maria Contact Name: Daniel Cohen Address 111 W Bettervia Rd
Santa Maria, CA 93455
Phone: 805-928-3781 e><t-1234
E-Mail: [email protected]
Expected Payment Method:

Purchase Order/ Net 30 Payment Term
lnitial Term: 36
Renewal Term: 12 Months
Flock Group Inc.

Today's Date - March,29 2021
Billing Contact: Sonia Marlinez
(if different than above)
Business Office 805-928-3'181 x2273
smartinez@ciw olsantantaria. org
Piloi period: First 30 days of lnitial Term; option io cancel contract at no cost. lnitial Term invoice due after Pilot period.

Billing Term: Annual payment due Net 30 per ierms and
conditions
Order Form
Santa Vlaria Police
Depariment - CA-
This proposal expires in 90 daYs. ATTACHMEITT A
Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 1 of 25
Attachment C
f*"*ck sef€ty
[\ianre Friee 6ITY Suhto'ta[
(lmeEudes one-tfr n're fees)
Flock Falcon Camera
i., af fr.":r I i'l :- i, \,, id i] i I CC "r :-.j ;j ! - i j Ut : .1 i t., : :,\ t'-, i:cli,;i:r. ti:;,:r-i i'o: lirgn i;a;ir; aii,,.i
i:if i:'ar'!ci){i l,:z,its. .i {eitrs ?re*ar,,
$7,500.00 31 $232,500.00
lmplementation Fee
() t: ir i.: I z. i fi sl', aii :t ii c; : r F e,:
$250.00 JI $7,750.00
3Year"Total $240,250"00
By executimg this Onden Fonma, Customer represemts and wannants that irt has read amol agnees all of the tenrms and conditions comtained in the Tenms attached" The Parties have executed this Agreenrent as olthe dates set forth below.

Floafl< Group flmc Gelstonmen: City of Santa Maria
By:

Name: Alex Latraverse
Tile: _ Vice President of Growth
Date:

By:

Name
Title: .Chief Of Police
Date: 4.U-t-1
llt-,.n.",0",
,'A: tii:
iat !ltfj{j ::1:i; I ii r::
"*G
k &fI:": f t*:,.i6*l i ii i i !i.

Mellissa Guerrero
Irlock Group Inc.

Today's Date - March,29 2021

ATTORNEY
Thomas liila bson
Order Form
Santa Maria Police
Department - CA-
This proposal expires in 90 daYs
04/22/2021
Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 2 of 25
Order FormFlock Group Inc.

Today's Date - March, 29 2021 Santa Maria Police
Department - CA-
This proposal expires in 90 days.

EXHIBIT A
Statement of Work
Installation of Flock Camera on existing pole or Flock-supplied pole if required Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 3 of 25
Flock Group Inc. Order Form
Santa Maria, CA
0001

ADDENDUM

CITY OF SANTA MARIA SUPPLEMENTAL CONDITIONS
For purposes of this Addendum to the Agreement between Flock Group, Inc. and the City of Santa Maria, the term “Contractor” shall refer to Flock Group, Inc., and the term “City” shall be used to refer to the Customer, which is the City of Santa Maria.

1. California Civil Code Compliance. Contractor is advised of, and agrees it will comply with the re- quirements of the California Civil Code, Division 3, Part 4, Title 1.81.23 COLLECTION OF LICENSE PLATE INFORMATION [§§1798.90.5 - 1798.90.55] as applicable to an automated license plate recognition (ALPR) operator (also referred to as an “ALPR operator”). Contractor shall maintain reasonable security procedures and practices to protect ALPR information from unauthorized ac- cess, destruction, use, modification or disclosure that are at least as protective as the “Flock Safety End to End Data Security Overview,” “Flock Safety CJIS Compliance Overview,” and “Flock Safety Internet Security Policy,” (collectively, referred to as the “Flock Security Policies”) as each such poli- cy was in effect as of January 29, 2020. Any amendment to the Flock Security Policies shall be transmitted to the City within 10 days. In the event the City determines in its sole discretion that any amendment to the Flock Security Policies either substantially reduces the privacy or security of Customer Content (including ALPR Footage) or the amendments would violate any State or Federal law, then the City shall have the right to terminate the Agreement and Flock will refund to City a pro- rata portion of the pre-paid Fees for Services not received due to such termination.

2. Disclosure of Security Breach. Contractor is advised of the requirements of the California Civil Code, section 1798.29, requiring notification to any resident of California in the event of breach of the security of the system. Contractor agrees it will notify the City immediately (and in no event more than 24 hours) upon the occurrence of any breach in the security of data that may potentially trigger the need for security breach notifications pursuant to Civil Code section 1798.29 or similar State or Federal law. The parties agree that the City will control the timing and content of any re- quired security breach notification, and agree that Contractor shall fully pay or reimburse the City for the costs of providing any security breach notification required by Civil Code, section 1798.29,or similar State or Federal law, resulting from any security breach of the Flock Safety platform. Con- tractor’s responsibility for the costs of providing such security breach notifications shall not be limit- ed by any disclaimer or limitation of liability in the Agreement, including but not limited to Sections

2.1, 7.4 and 8 of the SaaS Terms of this Agreement.

3. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend with counsel reasonably acceptable to the City, and hold harmless the City and its officials, officers, em- ployees, agents, contractors, consultants, and volunteers from and against any and all losses, liabil- ity, claims, suits, actions, damages, and causes of action arising out of or relating to any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or mu- nicipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negli- gent acts or omissions of Contractor or its employees, subcontractors, or agents. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or viola- tion of law arises wholly from the negligence or willful misconduct of the City or its officers, employ- ees, agents, contractors, consultants, or volunteers and (2) the actions of Contractor or its employ- ees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to proper- ty, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 4 of 25
includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under the contract does not relieve Con- tractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause is a material element of the Agreement and shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

This Section 3 shall survive termination or expiration of this Agreement. Contractor’s indemnifica- tion obligation pursuant to this Section shall not be limited by any disclaimer or limitation of liability in the Agreement, including but not limited to, Sections 2.1, 7.4 and 8 of the Government Agency Service Agreement.

4. Infringement. Without limiting the generality or applicability of Section 3, above, if a third party makes a claim against the City that any use of the Services in accordance with the terms of this Agreement infringes
such third party’s intellectual property rights, Contractor, at its sole cost and expense, will defend City against the claim and indemnify City from the damages, losses, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by Contractor, provided that City: (i) notifies Contractor promptly in writing of the claim; (ii) gives Contractor sole control of the defense and any settlement negotiations; and (iii) gives Con- tractor reasonable assistance in the defense of such claim. If Contractor believes or it is deter- mined that the Services violated a third party’s intellectual property rights, Contractor may choose to either modify the Services to be non-infringing or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, Contractor may terminate City’s use rights and refund any unused, prepaid fees City may have paid to Contractor.

5. California Public Records Act Compliance. Notwithstanding Section 4 of the Government Agency Service Agreement, Contractor expressly understands that City is a public agency subject to the California Public Records
Act (Cal. Government Code § 6250 et seq.). In the event that City re- ceives a public records request seeking the disclosure of information that Contractor has designat- ed as its “Proprietary Information,” City shall notify Contractor, and Contractor shall be allowed to take
any reasonable action to preserve the confidentiality of such information. City’s obligation shall only extend to notifying Contractor of the request, and City shall have no obligation to preserve the confidentiality unless doing so is in full compliance with the law.

6. Independent Contractor. It is expressly agreed that Contractor is to perform the services described herein as
an independent contractor pursuant to California Labor Code Section 3353. Nothing con- tained herein shall in any way be construed to make Contractor or any of its agents or employees, an agent, employee or representative of the City . Contractor shall be entirely responsible for the compensation of any employees used by Contractor in providing said services.

7. Subcontractors. Notwithstanding Section 2.1 of the Government Agency Service Agreement, if Contractor utilizes a third-party subcontractor or other vendor to provide the Services under this Agreement, Contractor shall ensure that such subcontractor(s) or vendor(s) complies with the terms of this Agreement, and shall be jointly and severally liable with the subcontractor/vendor for any breach by the subcontractor/vendor.

8. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Contractor shall keep in
effect insurance policies meeting the following insurance requirements: See Exhibit B – Insurance Requirements.

9. Appropriation.

City’s funding of this Agreement shall be on a fiscal year basis (July 1 to June 30) and is subject to annual appropriations. Contractor acknowledges that the City is a municipal cor-
poration and is precluded by the California Constitution and other laws from entering into obligations that financially bind future governing bodies. Nothing in this Agreement shall constitute an obliga- tion of future governing bodies to appropriate funds for the purposes of this Agreement. The parties agree that the Initial Term and any renewal term(s) is contingent upon the appropriation of funds by the City. This Agreement will terminate immediately if funds necessary to continue the Agreement
are not appropriated. City shall pay Contractor for any services performed in accordance with this Agreement up to the date of termination.

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10. Assignment. Contractor shall not assign this Agreement, or any part thereof, or any right of the Con- tractor hereunder without the prior written consent of the City. Notwithstanding, for purposes of this Contract, a merger, acquisition, reorganization, spin-off or other transaction involving a transfer of substantially all of the assets or common stock of either party hereto shall not be deemed an as- signment.

GOVERNMENT AGENCY

CUSTOMER AGREEMENT
This Government Agency Agreement (this !Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW #210, Atlanta, GA 30318 (!Flock”) and the police department or government agency identified in the signature block below (!Agency”) (each a !Party,” and together, the !Parties”).

RECITALS
WHEREAS, Flock offers a solution for automatic license plate detection through Flock"s technology platform (the !Flock Ser- vice”), and upon detection, the Flock Service creates images and recordings of suspect vehicles (!Footage”) and can provide notifications to Agency upon the authorization from Non-Agency End User (!Notifications”); WHEREAS, Agency desires to purchase, use and/or have installed access to the Flock Service in order to create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the Flock System (where there is an investigative purpose) such as schools, neighborhood home owners associations, businesses, and individual users; WHEREAS, unless legally required, because Footage is stored for no longer than 30 days in compliance with Flock"s records retention policy, Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices; and
WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the purpose of crime awareness and prevention by police departments and archiving for evidence gathering (!Purpose”).

AGREEMENT
NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.

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1.1 !Authorized End User” shall mean any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.

1.2 "Agency Data” will mean the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Content will include the Footage and geolocation information and environmental data collected by sensors built into the Units.

1.3 !Documentation” will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1.4 !Embedded Software” will mean the software and/or firmware embedded or preinstalled on the Hardware.

1.5 !Flock IP” will mean the Flock Services, the Documentation, the Hardware, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.

1.6 !Footage” means still images and/or video captured by the Hardware in the course of and provided via the Services.

1.7 !Hardware” shall mean the Flock Gate Cameras and any other physical elements that interact with the Embedded Soft- ware and the Web Interface to provide the Services. The term !Hardware” excludes the Embedded Software.

1.8 !Installation Services” means the services provided by Flock regarding the installation, placements and configuration of the Hardware, pursuant to the Statement of Work attached hereto.

1.9 !Flock Services” means the provision, via the Web Interface, of Flock"s software application for automatic license plate detection, searching image records, and sharing Footage.

1.10 !Non-Agency End User” means a Flock"s non-Agency customer that has elected to give Agency access to its data in the Flock System for investigative purposes.

1.11 !Non-Agency End User Data” means the Footage, geolocation data, environmental data and/or Notifications of a Non- Agency End User for investigative purposes only.

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1.12 !Unit(s)” shall mean the Hardware together with the Embedded Software.

1.13 !Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement.

1.14 "Aggregated data" means information that relates to a group or category of customers, from which individual cus- tomers' identities have been removed, that is not linked or reasonably linkable to any customer, including via a device.

2. FLOCK SERVICES AND SUPPORT

2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transfer- able right to access the features and functions of the Flock Services via the Web Interface during the Service Term and No-Fee Term, solely for the Authorized End Users. The Footage will be available for Agency to access via the Web Interface for 30 days.

Authorized End Users will be required to sign up for an account, and select a password and username (!User ID”). Flock will also provide Agency the Documentation to be used in accessing and using the Flock Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall un- dertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Au- thorized End User"s use of the Flock Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, including without limitation using a third party to host the Web Interface which make the Flock Services available to Agency and Authorized End Users. Flock will pass- through any warranties that Flock receives from its then current third-party service provider to the extent that such warranties can be provided to Agency. SUCH WARRANTIES, AS PROVIDED AS HONORED BY SUCH THIRD PARTIES, ARE THE CUSTOMER"S SOLE AND EXCLUSIVE REMEDY AND FLOCK"S SOLE AND EXCLUSIVE LIABILITY WITH REGARD TO SUCH THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION HOSTING THE WEB INTERFACE. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or other- wise made available to Agency from time to time.

2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware by Flock; in each case, solely as necessary for Agency to use the Flock Services.

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2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, nontrans- ferable right and license to use the Documentation during the Service Term for Agency"s internal purposes in connection with its use of the Flock Services as contemplated herein.

2.4 Usage Restrictions. Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any soft- ware component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, ex- cept with the prior written consent of Flock; (vi) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Application IP; (vii) use the Flock Services for timesharing or service bureau purposes or oth- erwise for the benefit of a third party or any purpose other than the Purpose; or (viii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency"s rights under Sections 2.1, 2.2, or 2.3. Non- agency data may only be accessed for investigative purposes.

2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock"s sole discretion. There are no implied rights.

2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency"s and any Authorized End User"s access to any portion or all of the Flock IP if (i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency"s or any Authorized End User"s use of the Flock Service disrupts or poses a security risk to the Flock Service or any other customer or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock"s provision of the Flock Services to Agency or any Authorized End User is prohibited by applicable law; or (e) any vendor of Flock has suspended or terminated Flock"s access to or use of any third party services or products required to enable Agency to access the Flock (each such suspension, in accordance with this Section 2.6, a !Service Suspension”). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Ser- vice Suspension to Agency (including notices sent to Flock"s registered email address) and to provide updates regarding Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 9 of 25
resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Application Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other conse- quences that Agency or any Authorized End User may incur as a result of a Service Suspension.

2.7 Installation Services.

2.7.1 Designated Locations. Prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. While Flock will provide advice regarding the location of positioning of such Units, Agency will have the ultimate decision regarding the location, position and angle of the Units (each Unit location so designated by Agency, a !Designated Location”). Due to the fact that Agency selects the Designated Location, Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations. After an installation plan with Designated Locations and equip - ment has been agreed upon by both Flock and the Agency, any subsequent changes to the installation plan driven by Agency's request will incur a $250 charge in addition to any equipment charges. These changes include but are not limited to camera re- positioning, adjusting of camera mounting, re-angling, changes to heights of poles, and removing foliage.

2.7.2 Agency"s Installation Obligations. Agency agrees to allow Flock and its agents reasonable access to the designated instal- lation locations at all reasonable times upon reasonable notice for the purpose of performing the installation work (together with the preceding sentence, the !Agency Installation Obligations”). It is understood that the Installation Fees do not include any per - mits or associated costs, any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the instal - lation of the Hardware, its use, or any other services performed in connection therewith and that Agency shall be solely responsi - ble for the foregoing. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such instal - lation.

2.7.3 Flock"s Installation Obligations. The Hardware shall be installed in a workmanlike manner in accordance with Flock "s standard installation procedures, and the installation will be completed within a reasonable time from the time the Designated Locations are selected by Agency. Following the initial installation of the Hardware, Flock"s obligation to perform installation Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 10 of 25
work shall cease; however, Flock will continue to monitor the performance of the Units. Agency understands and agrees that the Flock Services will not function without the Hardware.

2.7.4 Security Interest. The Hardware shall remain the personal property of Flock and will be removed upon the termination or expiration of this Agreement. Agency agrees to perform all acts which may be necessary to assure the retention of title of the Hardware by Flock. Should Agency default in any payment for the Flock Services or any part thereof or offer to sell or auction the Hardware, then Agency authorizes and empowers Flock to remove the Hardware or any part thereof. Such removal, if made by Flock, shall not be deemed a waiver of Flock"s rights to any damages Flock may sustain as a result of Agency"s default and Flock shall have the right to enforce any other legal remedy or right.

2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock"s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. Any additional expenses incurred by Flock as a result of the discovery or presence of haz- ardous material or hazardous conditions shall be the responsibility of Agency and shall be paid promptly upon billing.

2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (!Monitoring Services”). Subject to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance services (!On-Site Services”) in-person or by email at hello@flock- safety.com. Flock will use commercially reasonable efforts to respond to requests for support.

3. AGENCY RESTRICTIONS AND

RESPONSIBILITIES

3.1 Agency Obligations. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person"s name with the intent to im- personate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 11 of 25
will not share its account or password with anyone and must protect the security of its account and password. Agency is respon- sible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities and Agency equipment, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content and retention thereof.

4. CONFIDENTIALITY; AGENCY DATA; NON-

AGENCY DATA

4.1 Confidentiality. Each Party (the !Receiving Party”) understands that the other Party (the !Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party"s business (hereinafter referred to as !Proprietary Information” of the Disclosing Party). Proprietary Information of Flock is non-public information including but not limited to features, functionality, designs, user interfaces, trade secrets, intellectual property, business plans, marketing plans, works of authorship, hardware, customer lists and requirements, and performance of the Flock Services. Proprietary Information of Agency includes non-public Agency Data, Non-Agency End User Data, and data provided by Agency or a Non-Agency End User to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services. The Receiving Party shall not disclose, use, transmit, inform or make available to any entity, person or body any of the Proprietary Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate to preserve and protect the Proprietary Information and the parties"#respective rights therein, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the Proprietary Information of the other party to those em- ployees or agents who require access in order to perform hereunder. The Receiving Party agrees: (i) to take the same security pre- cautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own propri- etary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock"s use of the Proprietary Information may include processing the Proprietary Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 12 of 25
Information to send Agency Notifications or alerts, such as when a car exits Agency"s neighborhood, or to analyze the data collected to identify motion or other events.

The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can doc- ument (a) is or becomes generally available to the public, or (b) was in its possession or known by Receiving Party prior to re- ceipt from the Disclosing Party, or (c) was rightfully disclosed to Receiving Party without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any subpoe- na, summons, judicial order or other judicial or governmental process, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to obtain a protective order or otherwise oppose the disclosure. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably neces- sary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order.

4.2 Agency and Non-Agency End User Data. As between Flock and Agency, all right, title and interest in the Agency Data and Non-Agency End User Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, nonexclu- sive, royalty-free, worldwide license to use the Agency Data and Non-Agency End User Data and perform all acts with respect to the Agency Data and Non-Agency End User Data as may be necessary for Flock to provide the Flock Services to Agency, includ- ing without limitation the Support Services set forth in Section 2.9 above . As between Flock and Agency, Agency is solely re- sponsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Agency Data and Non-Agency End User Data. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency.

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4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and ana- lyze data and other information relating to the provision, use and performance of various aspects of the Services and related sys- tems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data and Non-Agency End User Data input into the Services (the !Aggregated Data”). Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to (i) use such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Flock of- ferings, and (ii) disclose the Agency Data and Non-Agency End User Data (both inclusive of any Footage) to enable law en- forcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for inves- tigative purposes only. No rights or licenses are granted except as expressly set forth herein.

5. PAYMENT OF FEES

5.1 Fees. Agency will pay Flock the first Usage Fee and the Installation Fee (the !Initial Fees”) as set forth on the Order Form on or before the 7th day following the Effective Date of this Agreement. Flock is not obligated to commence the Installation Services unless and until the Initial Fees have been made and shall have no liability resulting from any delay related thereto.

Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each Payment Period. All payments will be made by either ACH, check, or credit card.

5.2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days"#notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Flock"s customer support depart- ment. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error.

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5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection, and may result in immediate termination of Service. Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock"s net income.

5.4 No-Fee Term Access. Subject to Flock"s record retention policy, Flock offers complimentary access to the Flock System for 30 days (!No Fee Term”) to Agency when Non-Agency End Users intentionally prescribe access or judicial orders mandate access to Non-Agency End User Data. No hardware or installation services will be provided to Agency. No financial commit- ment by Agency is required to access the Flock Services or Footage. Should such access cause Flock to incur internal or out-of- pocket costs that are solely the result of the access, Flock reserves the right to invoice these costs to Agency under Section 5.3 and Agency agrees to pay them. For clarity, No-Fee Terms and Service Terms can occur simultaneously, and when a No-Fee Term overlaps with a Service Term, Agency agrees to pay the Initial Fees and Usage Fees payments according to Section 5.1.

6. TERM AND TERMINATION

6.1 Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the !Initial Term”). Following the Initial Term, this Agreement will automatically renew for succes- sive renewal terms of the length set forth on the Order Form (each, a !Renewal Term”, and together with the Initial Term, the !Service Term”) unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

6.2 Agency Satisfaction Guarantee. At any time during the agreed upon term, a customer not fully satisfied with the service or solution may self-elect to terminate their contract. Self-elected termination will result in a one-time fee of up to $500 per camera to cover equipment removal costs. Upon self-elected termination, a refund will be provided, pro-rated for any fees paid for the remaining Term length set forth previously. Self-termination of the contract by the customer will be effective immediately. Flock will remove all equipment at own convenience upon termination. Advance notice will be provided.

6.3 Termination. In the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty-day peri- od.

Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 15 of 25
Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock"s breach, Flock will refund to Agency a pro- rata portion of the pre-paid Fees for Services not received due to such termination.

6.4 Effect of Termination. Upon any termination of the Service Term, Flock will collect all Units, delete all Agency Data, terminate Agency"s right to access or use any Services, and all licenses granted by Flock hereunder will immediately cease.

Agency shall ensure that Flock is granted access to collect all Units and shall ensure that Flock personnel does not encounter Hazardous Conditions in the collection of such units. Upon termination of this Agreement, Agency will immediately cease all use of Flock Services.

6.5 No-Fee Term. The initial No-Fee Term will extend, after entering into this Agreement, for 30 days from the date a Non- Agency End User grants access to their Footage and/or Notifications. In expectation of repeated non-continuous No-Fee Terms, Flock may in its sole discretion leave access open for Agency"s Authorized End Users despite there not being any current Non- Agency End User authorizations. Such access and successive No-Fee Terms are deemed to be part of the No-Fee Term. Flock, in its sole discretion, can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon 30 days"# notice. Agency may terminate any No-Fee Term or access to future No-Fee Terms upon 30 days"#notice.

6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to payment),

6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5.

7. REMEDY; WARRANTY AND DISCLAIMER

7.1 Remedy. Upon a malfunction or failure of Hardware or Embedded Software (a “Defect”), Agency must first make commer- cially reasonable efforts to address the problem by contacting Flock’s technical support as described in Section 2.9 above. If such efforts do not correct the Defect, Flock shall, or shall instruct one of its contractors to, in its sole discretion, repair or replace the Hardware or Embedded Software suffering from the Defect. Flock reserves the right to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit; provided that such inspection and test shall occur within 72 hours after Agency notifies the Flock of defect. Flock agrees to replace cameras at a fee according to the then- current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Customer shall not be required to replace subse- quently damaged or stolen units; however, Customer understands and agrees that functionality, including Footage, will be mate- rially affected due to such subsequently damaged or stolen units and that Flock will have no liability to Customer regarding such affected functionality nor shall the Fees owed be impacted.

Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 16 of 25

7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 above if any of the following exclusions apply: (a) misuse of the Hardware or Embedded Software in any manner, including operation of the Hardware or Embedded Software in any way that does not strictly comply with any applicable specifications, documentation, or other restrictions on use provided by Flock; (b) damage, alteration, or modification of the Hardware or Embedded Software in any way; or (c) combination of the Hardware or Embedded Software with software, hardware or other technology that was not expressly authorized by Flock.

7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock"s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY"S SOLE REMEDY , AND FLOCK"S SOLE LIABILITY , WITH RESPECT TO DEFECTIVE HARDWARE AND/OR EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EX-

CEPT AS EXPRESSLY SET FORTH IN THIS SECTION AND THE SUPPLEMENTAL CONDITIONS ADDENDUM,

EXCEPT AS SET FORTH IN THE SUPPLEMENTAL CONDITIONS ADDENDUM, THE SERVICES AND INSTALLA- TION SERVICES ARE PROVIDED !AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE .

8. LIMITATION OF LIABILITY AND

INDEMNITY

8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY , FLOCK AND ITS SUPPLIERS (IN-

CLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REP-

RESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO

ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 17 of 25
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY , PRODUCT LIABILITY , OR OTHER THEORY: (A) FOR

ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY , INCOMPLETENESS OR CORRUPTION OF

DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY , INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAM- AGES; (C) FOR ANY MATTER BEYOND FLOCK"S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUD-

ING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; OR (E) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL

OTHER CLAIMS, EXCEED TWO TIMES THE AMOUNT OF FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GA VE RISE TO THE

LIABILITY , IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO MATTERS STATED IN THE SUP- PLEMENTAL CONDITIONS ADDENDUM. IN THE EVENT OF AN EMERGENCY , AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.

8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK"S AGGREGATE LIABILITY , IF ANY , ARISING OUT OF OR IN ANY WAY RELATED TO THE NO-FEE TERM EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Except for Flock"s willful acts, Agency agrees to pay for Flock"s attorneys"#fees to defend Flock for any alleged or actual claims arising out of or in any way related to the No-Fee Term.

8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock"s suppliers.

8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settle- ments and expenses (including without limitation costs and attorneys"#fees) in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement, Agency"s Installation Obligations, Agency"s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency"s use of the Services, Hardware and any Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency"s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the Section 3.2 or this Agreement.

Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 18 of 25

9. RECORD RETENTION

9.1 Data Preservation. The Agency agrees to store Agency Data and Non-Agency End User Data in compliance with all applic- able local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency"s consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to store the Agency Data or the Non-Agency End User Data, Agency agrees to preserve and securely store this data on Flock"s behalf so that Flock can delete the data from its servers and, should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand.

10. MISCELLANEOUS

10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforce- able.

10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock"s prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent.

10.3 Entire Agreement. This Agreement and the Order Form(s) are the complete and exclusive statement of the mutual under- standing of the parties and supersedes and cancels all previous written and oral agreements, communications and other under- standings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of Agency"s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected.

10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever.

10.5 Costs and Attorneys"#Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys"#fees.

10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California without regard to its con- flict of laws provisions. The federal and state courts sitting in California will have proper and exclusive jurisdiction and venue Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 19 of 25
with respect to any disputes arising from or related to the subject matter of this Agreement. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

10.7 Publicity. Flock has the right to reference and use Agency"s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock"s website.

10.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or any- thing related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States De- partment of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services, the Hardware, the Embedded Software and Docu- mentation are !commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be !commercial computer software” and !commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR sec- tion 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections.

10.10 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

10.11 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing.

10.12 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

10.13 Title Transfer and Buy Back Provision. Upon installation, Customer will receive title to the Hardware. Upon expiration of the Term and any renewal Terms, as part of Flock"s obsolete technology asset buyback program, Cus- tomer agrees to sell back each Unit of Hardware to Flock for a $1 USD credit and be monetarily responsible for re- Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 20 of 25
quired replacement of or any damage to the Hardware during the Term, except for normal wear and tear. The Hard- ware will become the personal property of Flock and will be removed upon the termination or expiration of this Agreement. Customer agrees to perform all acts which may be necessary to assure the transfer of title of the Hard- ware by Flock. Upon issuing the credit (on a final invoice or as a refund to the Customer) and prior to Flock's receipt back of each Unit of Hardware, Customers grants Flock a perfected security interest in the Hardware for which Flock may file this Agreement or a UCC form as proof thereof. Customer will remove the Hardware and provide notice to Flock to allow Flock to arrange pick-up for the hardware at a mutually convenient time within 45 business days of notification.

Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 21 of 25

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 California 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.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is
undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security.

The policy shall provide coverage for breach
response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

Atty Rev. 2017
Exhibt B
Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 22 of 25
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.

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.

6. Cyber Liability- $2,000,000 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 commercial general liability and automobile 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 furnished in connection with such work or
operations. General liability coverage can be provided in the Atty Rev. 2017
Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 23 of 25
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 04 13 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 to the City representative listed for notice in this agreement and shall specify the title of this Agreement. N o t i c e m a y b e g i v e n b y o v e r n i g h t m a i l , facsimile with confirmation of receipt, or certified mail with return-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
Atty Rev. 2017
Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 24 of 25
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 furnish 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.

Atty Rev. 2017
Document Ref: ZE5Y7-KFUVB-MDXCE-XH8YO Page 25 of 25
Signature Certificate
Document Ref.: ZE5Y7-KFUVB-MDXCE-XH8YO
Document signed by:

Alex Latraverse
Verified E-mail:[email protected]
IP: 76.97.107.29 Date: 22 Apr 2021 22:34:15 UTC
Document completed by all parties on:
22 Apr 2021 22:34:15 UTC

Page 1 of 1 ends

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COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: September 15, 2026

SUBJECT: Adoption of Resolutions Approving Ten Professional Services Agreements for On -Call Environmental Planning and Permitting Services

Description:

The City Council will consider adopting Resolutions approving the award of On -Call Environmental Planning and Permitting Services to AECOM Technical Services, Inc.; BKF Engineers; EMC Planning Group Inc.; Kevin Merk As sociates, LLC.; Nichols Consulting Engineers, CHTD.; Ramboll Americas Engineering Solutions, Inc., Rincon Consultants, Inc.; Stearns, Conrad & Schmidt Consulting Engineers, Inc.; SWCA Environmental Consultants, Tetra Tech, Inc.

RECOMMENDATION:

1. Adopt a Resolution awarding a Professional Services Agreement to AECOM Technical Services, Inc. for On -Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggre gate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

2. Adopt a Resolution awarding a Professional Services Agreement to BKF Engineers for On -Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

3. Adopt a Resolution awarding a Professional Services Agreement to EMC Planning Group Inc. for On -Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

4. Adopt a Resolution award ing a Professional Services Agreement to Kevin Merk Associates, LLC. for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 2 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

5. Adopt a Resolution awarding a Professional Services Agreement to Nichols Consulting Engineers, CHTD. for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and

6. Adopt a Resolution awarding a Professional Services Agreement to Ramboll Americas Engineering Solution s, Inc. for On -Call Environmental Planning and Permitting Services with an aggregate not -to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and

7. Adopt a Resolution awarding a Professional Services Agreement to Rincon Consultants, Inc. for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement; and

8. Adopt a Resolution awarding a Professional Services Agreement to Stearns, Conrad & Schmidt Consulting Engineers, Inc. for On-Call Environmental Planning and Permitting Servic es with an aggregate not -to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and

9. Adopt a Resolution awarding a Professional Services Agreement to SWCA Environmental Consultants for On -Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and

10. Adopt a Resolution awarding a Professional Services Agreement to Tetra Tech, Inc. for On-Call Environmental Planning and Permitting Services with an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement; and

11. Authorize City Manager or designee to execute agreements.

BACKGROUND:

The City owns, operates, and maintains municipal infrastructure, structures, and facilities throughout the City. The City has active and pending projects that require planning and permitting assistance from Environmental Consultants. While the City employs Civil Engineers and Planners on staff, these buildings and facilities require profe ssional engineering beyond the capabilities and purview of the existing staff and their normal workloads; therefore, necessitating the hiring of outside consultants for such services.

Having on-call consultants who can provide these services will allow the City to deliver projects in a timely manner.

3 DISCUSSION:

On June 10, 2026, a Request for Proposal (RFP) was issued and advertised through the City’s e-Procurement Portal, PlanetBids. A total of sixteen proposals were received on July 14, 2026.

Selection of the best-qualified firms was made in accordance with the City’s Purchasing Guidelines. A selection committee, consisting of Engineering Division staff, independently evaluated and ranked the proposals. After deliberations, the top ten ranked firms chosen are as follows:

Firm and Location
AECOM Technical Services, Inc., Los Angeles, CA
BKF Engineers, Santa Barbara, CA
EMC Planning Group Inc., Monterey, CA
Kevin Merk Associates, LLC., San Luis Obispo, CA
Nichols Consulting Engineers, CHTD., Anaheim, CA
Ramboll Americas Engineering Solutions, Inc., Irvine, CA Rincon Consultants, Inc., Santa Barbara, CA
Stearns, Conrad & Schmidt Consulting Engineers, Inc., Long Beach, CA SWCA Environmental Consultants, San Luis Obispo, CA
Tetra Tech, Inc., Santa Maria, CA

The proposed Professional Services Agreements would be managed by the Engineering Division, and on -call Environmental Planning and Permitting would also be made available for use by other City Departments for funded projects.

Individual project task orders will be issued based on the firm’s expertise, workload capacity, services to be performed, schedule requirements, and hourly rates submitted in their proposal. All task orders will be issued based on an agreed -upon, written scope of work, implementation schedule, and maximum fee arrangement negotiated on a project- by-project basis.

Alternative(s)
City Council could decide not to award these Environmental Planning and Permitting Services Agreements and direct staff to issue Requests for Proposals for each project individually. However, this alternative is not recommended as there is a significant backlog of funded projects for which outside Environmental Planning and Permitting Services are required to augment City staff. Further, having pre-approved, on-call, as- needed firms readily available will allow for more efficient and timely delivery of projects, as multiple projects can be designed concurrently.

Fiscal Considerations
Fees for Environmental Planning and Permitting Services will b e based on a project -by- project basis and directly charged to individual project budgets. Each project is separately approved and budgeted by the City Council. The City is under no obligation to expend any funds under these Professional Services Agreements. 4 Impact on the Community
The additional use of Environmental Consultants will have a beneficial impact on the community by allowing the preparation of plans to be planned and designed in accordance with residents’ desires, while also complying with local , state, and federal statutes.

ATTACHMENT(S)

A. Resolution - AECOM Technical Services, Inc.

B. Resolution - BKF Engineers
C. Resolution - EMC Planning Group Inc.

D. Resolution - Kevin Merk Associates, LLC.

E. Resolution - Nichols Consulting Engineers, CHTD.

F. Resolution - Ramboll Americas Engineering Solutions, Inc.

G. Resolution - Rincon Consultants, Inc.

H. Resolution - Stearns, Conrad & Schmidt Consulting Engineers, Inc.

I. Resolution - SWCA Environmental Consultants
J. Resolution - Tetra Tech, Inc.

K. Agreement - AECOM Technical Services, Inc.

L. Agreement - BKF Engineers
M. Agreement - EMC Planning Group Inc.

N. Agreement - Kevin Merk Associates, LLC.

O. Agreement - Nichols Consulting Engineers, CHTD.

P. Agreement - Ramboll Americas Engineering Solutions, Inc.

Q. Agreement - Rincon Consultants, Inc.

R. Agreement - Stearns, Conrad & Schmidt Consulting Engineers, Inc.

S. Agreement - SWCA Environmental Consultants
T. Resolution - Tetra Tech, Inc.

Attachment A

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO AECOM TECHNICAL SERVICES, INC. FOR ON-CALL ENVIRONMENTAL

PLANNING AND PERMITTING SERVICES WITH AN AGGREGATE NOT-TO- EXCEED FEE OF $1,000,000 PER FISCAL YEAR (JULY 1 THROUGH JUNE 30), AND A TOTAL AGGREGATE NOT-TO-EXCEED AMOUNT OF $2,000,000

FOR THE FULL TERM OF THE AGREEMENT

WHEREAS, the need exists for the City to obtain prompt professional Environmental P lanning and Permitting Services to support municipal improvement projects; and

WHEREAS, on June 10, 2026, the City issued a Request for Proposal (RFP) for on-call Environmental Planning and Permitting Services for projects within the City. The RFP was issued and advertised through the City’s e-Procurement Portal, PlanetBids; and

WHEREAS, on July 14, 2026, the City received sixteen proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that AECOM Technical Services, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Environmental Planning and Permitting Services; and

WHEREAS, the firms will provide services on an on -call, as-needed, and project specific basis as defi ned by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

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

SECTION 1. Approve a Professional Services Agreement with AECOM Technical Services, Inc., for an aggregate not -to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Environmental Planning and Permitting Services.

SECTION 2. Authorize City Manager or designee to execute agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 15th day of September 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment B

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT

TO BKF ENGINEERS FOR ON-CALL ENVIRONMENTAL PLANNING AND

PERMITTING SERVICES WITH AN AGGREGATE NOT-TO-EXCEED FEE OF $1,000,000 PER FISCAL YEAR (JULY 1 THROUGH JUNE 30), AND A TOTAL AGGREGATE NOT-TO-EXCEED AMOUNT OF $2,000,000

FOR THE FULL TERM OF THE AGREEMENT

WHEREAS, the need exists for the City to obtain prompt professional Environmental P lanning and Permitting Se rvices to support municipal improvement projects; and

WHEREAS, on July 14, 2026, the City received sixteen proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that BKF Engineers satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Environmental Planning and Permitting Services; and

WHEREAS, the firms will provide services on an on -call, as-needed, and project specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

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

SECTION 1. Approve a Professional Services Agreement with BKF Engineers, for an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Environmental Planning and Permitting Services.

SECTION 2. Authorize City Manager or designee to execute agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 15th day of September 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment C

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO EMC PLANNING GROUP INC. FOR ON-CALL ENVIRONMENTAL

PLANNING AND PERMITTING SERVICES WITH AN AGGREGATE
NOT-TO-EXCEED FEE OF $1,000,000 PER FISCAL YEAR
(JULY 1 THROUGH JUNE 30), AND A TOTAL AGGREGATE
NOT-TO-EXCEED AMOUNT OF $2,000,000 FOR

THE FULL TERM OF THE AGREEMENT

WHEREAS, the need exists for the City to obtain prompt professional Environmental P lanning and Permitting Services to support municipal improvement projects; and

WHEREAS, on July 14, 2026, the City received sixteen proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that EMC Planning Group Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Environmental Planning and Permitting Services; and

WHEREAS, the firms will provide services on an on -call, as-needed, and project specific basis as defined by the City, and al l task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

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

SECTION 1. Approve a Professional Services Agreement with EMC Planning Group Inc. , for an aggregate not -to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Environmental Planning and Permitting Services.

SECTION 2. Authorize the City Manager or designee to execute agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 15th day of September 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment D

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO KEVIN MERK ASSOCIATES, LLC. FOR ON-CALL ENVIRONMENTAL

PLANNING AND PERMITTING SERVICES WITH AN AGGREGATE
NOT-TO-EXCEED FEE OF $1,000,000 PER FISCAL YEAR
(JULY 1 THROUGH JUNE 30), AND A TOTAL AGGREGATE
NOT-TO-EXCEED AMOUNT OF $2,000,000 FOR

THE FULL TERM OF THE AGREEMENT

WHEREAS, the need exists for the City to obtain prompt professional Environmental P lanning and Permitting Services to support municipal improvement projects; and

WHEREAS, on July 14, 2026, the City received sixteen proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Kevin Merk Associates, LLC. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Environmental Planning and Permitting Services; and

WHEREAS, the firms will provide services on an on -call, as-needed, and project specific basis as defined by the City, an d all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

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

SECTION 1. Approve a Professional Services Agreement with Kevin Merk Associates, LLC., for an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Environmental Planning and Permitting Services.

SECTION 2. Authorize City Manager or designee to execute agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 15th day of September 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment E

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO NICHOLS CONSULTING ENGINEERS, CHTD. FOR

ON-CALL ENVIRONMENTAL PLANNING AND PERMITTING SERVICES
WITH AN AGGREGATE NOT-TO-EXCEED FEE OF $1,000,000
PER FISCAL YEAR (JULY 1 THROUGH JUNE 30), AND A
TOTAL AGGREGATE NOT-TO-EXCEED AMOUNT OF $2,000,000

FOR THE FULL TERM OF THE AGREEMENT

WHEREAS, the need exists for the City to obtain prompt professiona l Environmental P lanning and Permitting Services to support municipal improvement projects; and

WHEREAS, on June 10, 2026, the City issued a Request for Proposal (RFP) for on-call Environmental Planning and Permitting Services for projects within the Cit y. The RFP was issued and advertised through the City’s e-Procurement Portal, PlanetBids; and

WHEREAS, on July 14, 2026, the City received sixteen proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Nichols Consulting Engineers, CHTD. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Environmental Planning and Permitting Services; and

WHEREAS, the firms will provide services on an on -call, as-needed, and project specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

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

SECTION 1. Approve a Professional Services Agreement with Nichols Consulting Engineers, CHTD., for an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Environmental Planning and Permitting Services.

SECTION 2. Authorize the City Manager or designee to execute agreement.

]SECTION 3. Authorize the Chief Deputy City Clerk 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.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 15th day of September 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment F

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO RAMBOLL AMERICAS ENGINEERING SOLUTIONS, INC.

FOR ON-CALL ENVIRONMENTAL PLANNING AND PERMITTING
SERVICES WITH AN AGGREGATE NOT-TO-EXCEED FEE OF $1,000,000 PER FISCAL YEAR (JULY 1 THROUGH JUNE 30), AND A TOTAL
AGGREGATE NOT-TO-EXCEED AMOUNT OF $2,000,000

FOR THE FULL TERM OF THE AGREEMENT

WHEREAS, the need exists for the City to obtain prompt profession al Environmental P lanning and Permitting Services to support municipal improvement projects; and

WHEREAS, on June 10, 2026, the City issued a Request for Proposal (RFP) for on-call Environmental Planning and Permitting Services for projects within the Ci ty. The RFP was issued and advertised through the City’s e-Procurement Portal, PlanetBids; and

WHEREAS, on July 14, 2026, the City received sixteen proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Ramboll Americas Engineering Solutions, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Environmental Planning and Permitting Services; and

WHEREAS, the firms will provide services on an on -call, as-needed, and project specific basis as define d by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

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

SECTION 1. Approve a Professional Services Agreement with Ramboll Americas Engineering Solutions, Inc., for an aggregate not -to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement for On -Call Environmental Planning and Permitting Services.

SECTION 2. Authorize the City Manager or designee to execute agreement.

Attachment F

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 15th day of September 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment G

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO RINCON CONSULTANTS, INC. FOR ON-CALL ENVIRONMENTAL

PLANNING AND PERMITTING SERVICES WITH AN AGGREGATE
NOT-TO-EXCEED FEE OF $1,000,000 PER FISCAL YEAR
(JULY 1 THROUGH JUNE 30), AND A TOTAL AGGREGATE NOT-TO-EXCEED AMOUNT OF $2,000,000 FOR THE FULL TERM OF THE AGREEMENT

WHEREAS, the need exists for the City to obtain prompt professional Environmental P lanning and Permi tting Services to support municipal improvement projects; and

WHEREAS, on July 14, 2026, the City received sixteen proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Rincon Consultants, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Environmental Planning and Permitting Services; and

WHEREAS, the firms will provide services on an on -call, as-needed, and project specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

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

SECTION 1. Approve a Professional Services Agreement with Rincon Consultants, Inc., for an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Environmental Planning and Permitting Services.

SECTION 2. Authorize the City Manager or designee to execute agreement.

SECTION 3. Authorize the Chief Deputy City Clerk 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.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 15th day of September 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment H

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO STEARNS, CONRAD & SCHMIDT CONSULTING ENGINEERS, INC.

FOR THE FULL TERM OF THE AGREEMENT

WHEREAS, the need exists for the City to obtain prompt profession al Environmental P lanning and Permitting Services to support municipal improvement projects; and

WHEREAS, on June 10, 2026, the City issued a Request for Proposal (RFP) for on-call Environmental Planning and Permitting Services for projects within the Ci ty. The RFP was issued and advertised through the City’s e-Procurement Portal, PlanetBids; and

WHEREAS, on July 14, 2026, the City received sixteen proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Stearns, Conrad & Schmidt Consulting Engineers , Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Environmental Planning and Permitting Services; and

WHEREAS, the firms will provide services on an on -call, as-needed, and project specific basis a s defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

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

SECTION 1. Approve a Professional Services Agreement with Stearns, Conrad & Schmidt Consulting Engineers, Inc. , for an aggregate not -to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement for On -Call Environmental Planning and Permitting Services.

SECTION 2. Authorize the City Manager or designee to execute agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 15th day of September 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment I

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT

TO SWCA ENVIRONMENTAL CONSULTANTS FOR ON-CALL

ENVIRONMENTAL PLANNING AND PERMITTING SERVICES WITH
AN AGGREGATE NOT-TO-EXCEED FEE OF $1,000,000 PER FISCAL YEAR (JULY 1 THROUGH JUNE 30), AND A TOTAL AGGREGATE NOT-TO-EXCEED AMOUNT OF $2,000,000 FOR THE FULL TERM OF THE AGREEMENT

WHEREAS, the need exists for the City to obtain prompt professional Environmental P lanning and Permitting Services to support municipal improvement projects; and

WHEREAS, on July 14, 2026, the City received sixteen proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that SWCA Environmental Consultants satisfied the r equirements of the RFP and was deemed a qualified firm to provide the needed on -call Environmental Planning and Permitting Services; and

WHEREAS, the firms will provide services on an on -call, as-needed, and project specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

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

SECTION 1. Approve a Professional Services Agreement with SWCA Environmental Consultants, for an aggregate not -to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not-to-exceed amount of $2,000,000 for the full term of the Agreement for On -Call Environmental Planning and Permitting Services.

SECTION 2. Authorize the City Manager or designee to execute agreement.

Attachment I

Page 2 of 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 15th day of September 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment J

Page 1 of 2 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA

AWARDING A PROFESSIONAL SERVICES AGREEMENT
TO TETRA TECH, INC. FOR ON-CALL ENVIRONMENTAL

PLANNING AND PERMITTING SERVICES WITH AN AGGREGATE
NOT-TO-EXCEED FEE OF $1,000,000 PER FISCAL YEAR
(JULY 1 THROUGH JUNE 30), AND A TOTAL AGGREGATE
NOT-TO-EXCEED AMOUNT OF $2,000,000 FOR

THE FULL TERM OF THE AGREEMENT

WHEREAS, the need exists for the City to obtain prompt professional Environmental P lanning and Permitting Services to support municipal improvement projects; and

WHEREAS, on July 14, 2026, the City received sixteen proposals from firms that perform this work; and

WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and

WHEREAS, following deliberations, the selection committee determined that Tetra Tech, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on-call Environmental Planning and Permitting Services; and

WHEREAS, the firms will provide services on an on -call, as-needed, and project specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and

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

SECTION 1. Approve a Professional Services Agreement with Tetra Tech, Inc., for an aggregate not-to-exceed fee of $1,000,000 per fiscal year (July 1 through June 30), and a total aggregate not -to-exceed amount of $2,000,000 for the full term of the Agreement for On-Call Environmental Planning and Permitting Services.

SECTION 2. Authorize the City Manager or designee to execute agreement.

PASSED AND ADOPTED at a regular meeti ng of the City Council of the City of Santa Maria, California, held this 15th day of September 2026.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

Attachment K
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on September 15, 2026, by and between AECOM Technical Services, Inc., a California Corporation (“Contractor”) and the City of Santa Maria, a California 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.

2.01. Term and Termination. The term of this contract is until 11:59 p.m. on June 30, 2028, 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.

2.02. Services to be Performed. Contractor shall determine the method, details and means of providing on-call environmental planning and permitting services. More specifically, Contractor agrees to perform the specific services listed in Exhibit A.

2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.

3. Contractor’s Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’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.

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

3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor'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 Contractor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

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 Contractor 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.

4. Miscellaneous

4.01. 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 CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City: To Contractor:

City of Santa Maria – Department of Public Works AECOM Technical Services, Inc.

Attn: Yoselyn Moreno Attn: Wynter Dawson
110 S. Pine Street, Suite 221 300 South Grand Avenue, 9th Floor Santa Maria, CA 93458 Los Angeles, CA 90071

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.

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

4.03. 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.

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

4.05. 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.

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

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

4.08. 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.

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

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. Further requirements are attached as Exhibit D.

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

CONTRACTOR CITY OF SANTA MARIA

____________________________
By: Michelle Fehrensen
Associate Vice President

___________________________
By: Brett Fulgoni
Public Works Director
ATTEST:

___________________________
Donna G. Scwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment K
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK

The City may utilize the selected consultant(s) to supplement City staff on capital improvement projects, transportation projects, utility projects, parks and recreation projects, grant-funded projects, private development review, environmental compliance efforts, and other municipal initiatives.

The required services and abilities necessary to successfully perform environmental planning and permitting services on the project types listed above include, but are not limited to:

 Preparation and management of California Environmental Quality Act (CEQA) compliance documentation, including:
o Initial Studies
o Notices of Exemption
o Negative Declarations
o Mitigated Negative Declarations
o Environmental Impact Reports
o Addenda
o Supplemental and Subsequent Environmental Documents
o Mitigation Monitoring and Reporting Programs (MMRPs)

 Preparation and management of National Environmental Policy Act (NEPA) compliance documentation, including:
o Categorical Exclusions (CE)
o Environmental Assessments (EA)
o Findings of No Significant Impact (FONSI)
o Environmental Impact Statements (EIS)
o Re-evaluations and supporting technical documentation

 Environmental permitting and regulatory agency coordination, including:
o United States Army Corps of Engineers permits
o California Department of Fish and Wildlife permits
o Regional Water Quality Control Board permits
o California Coastal Commission permits, where applicable o California State Lands Commission coordination, where applicable o Santa Barbara County Air Pollution Control District coordination o Federal, State, Regional, and Local permitting support o Santa Barbara County Flood Control and Water Conservation District o California Department of Transportation (Local Assistance Environmental) o California State Water Resources Control Board
o National Marine Fisheries Service
o U.S. Fish and Wildlife Service

 Biological resource services, including:
o Habitat assessments
o Special-status species surveys
o Wetland delineations
Attachment K
Atty. Rev. 2025

o Biological constraints analyses
o Habitat mitigation planning
o Construction monitoring
o Agency consultation support

 Cultural resource services, including:
o Records searches
o Cultural resource inventories
o Archaeological investigations
o Historic resource evaluations
o Native American consultation support
o Tribal Cultural Resource assessments
o Construction monitoring and mitigation

 Environmental technical studies and analyses, including:
o Air quality studies
o Greenhouse gas analyses
o Noise and vibration studies
o Environmental justice analyses
o Visual resource assessments
o Hazardous materials investigations
o Phase I Environmental Site Assessments
o Water quality analyses
o Climate resiliency and adaptation assessments

 Stormwater and environmental compliance services, including:
o Construction General Permit compliance support
o Storm Water Pollution Prevention Plans (SWPPPs)
o Water Quality Management Plans (WQMPs)
o Municipal Separate Storm Sewer System (MS4) compliance support o Environmental compliance inspections and monitoring

 Grant-funded project environmental services, including:
o Environmental support for federal, state, and regional grant programs o Environmental clearance documentation
o Permit coordination and tracking
o Environmental commitments tracking and reporting
o Regulatory compliance support throughout project delivery

 Public outreach and stakeholder coordination, including:
o Public workshops
o Community meetings
o Agency coordination meetings
o City Council presentations
o Planning Commission presentations
o Preparation of presentation materials and environmental summaries

 Environmental support during design and construction, including:

Attachment K
Atty. Rev. 2025

o Review of plans and specifications for environmental compliance o Preparation of environmental commitments and permit requirements o Contractor environmental awareness training
o Construction compliance monitoring
o Documentation of permit compliance
o Preparation of environmental closeout documentation
o Biological monitoring
o Archaeological monitoring
o Stormwater compliance inspections
o Permit compliance reporting

 Development review support services, including:
o CEQA review of private development projects
o Technical document review
o Conditions of Approval review and recommendations
o Environmental permit review
o Coordination with Planning, Public Works, Utilities, and outside agencies

Contractor shall be responsible for keeping the City regularly informed regarding project status, schedule, permitting requirements, regulatory issues, environmental commitments, and compliance obligations.

Contractor and its subconsultants shall comply with all applicable Federal, State, and local laws, regulations, permits, and environmental requirements associated with the assigned task order.

Attachment K
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

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

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Order will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not -to-exceed fee for all tasks provided under this Agreement shall be $1,000,000 per fiscal year (July 1 through June 30), with a total aggregate not -to-exceed amount of $2,000,000 for the full two -year term.

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous month.

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

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not-to- exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment K
Atty. Rev. 2025

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:

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 California 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.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and s hall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of elec tronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Attachment K
Atty. Rev. 2025

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 v olunteers 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 furnished 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).

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 n otices provided pursuant to this Agreement shall be given 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 return-receipt requested.

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 furnish 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 Attachment K
Atty. Rev. 2025

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 o f 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.

Attachment K
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

For purposes of this Exhibit, “Public Works” includes any project of a type defined in California Labor Code section 1720 when paid for in whole or in part by public funds. These projects include:
construction, alteration, demolition, installation, or repair work done under contract. For purposes of this definition, "construction" includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this definition, "installation" includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.

Pursuant to California Labor Code sections 1720 and 1771, construction, alteration, demolition, installation, repair and maintenance work performed under this Agreement is subject to State prevailing wage laws. State prevailing wage laws require certain provisions be included in all contracts for public works. The CONTRACTOR and any subcontractors shall comply with all applicable State prevailing wage laws, whether included in this agreement or inadvertently omitted, including but not limited to the requirements listed below:

1. Compliance with Prevailing Wage Requirements. Pursuant to California Labor Code sections 1720 through 1861, the CONTRACTOR and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including but not limited to inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post- construction phases of construction, including but not limited to all cleanup work at the jobsite.

1.1. Copies of such prevailing rate of per diem wages are on file at the City Public Works Department and are available for inspection to any interested party on request. Copies of the prevailing rate of per diem wages also may be found at
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. The CONTRACTOR and all subcontractors shall post a copy of the prevailing rate of per diem wages determination at each job site and shall make them available to any interested party upon request.

1.2. The wage rates determined by the DIR refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, then the published rate of wage shall be in effect for the life of this Agreement. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the DIR, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Agreement in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Agreement, each successive predetermined wage rate Attachment K
Atty. Rev. 2025

shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.

2. Penalties for Violations. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.

3. Payroll Records. The CONTRACTOR and all subcontractors shall comply with California Labor Code section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. The CONTRACTOR shall require all subcontractors to also comply with section 1776. The CONTRACTOR and all subcontractors shall furnish records specified in section 1776 on a monthly basis, both to the City and directly to the Labor Commissioner in the manner required by California Labor Code section 1771.4. The CONTRACTOR shall ensure its subcontractors prepare and submit payroll records to the City and the DIR as required by this section. The City may require the CONTRACTOR and its subcontractors to prepare and submit records specified in section 1776 to the City and the Labor Commissioner on a weekly basis, at no additional cost to the City.

4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.

The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).

5. Working Hours. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight hours a day and forty hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on CONTRACTORs and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.

6. Required Provisions for Subcontracts. The CONTRACTOR shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”

8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the CONTRACTOR as Attachment K
Atty. Rev. 2025

directed by the DIR, pursuant to California Labor Code section 1727.

9. CONTRACTOR and Subcontractor Registration Requirements. The CONTRACTOR and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 CONTRACTOR certifies that the CONTRACTOR has verified that all CONTRACTOR and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The CONTRACTOR shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City’s request.

10. Stop Order. Where a CONTRACTOR or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered CONTRACTOR or subcontractor on ALL public works until the unregistered CONTRACTOR or subcontractor is registered. Failure to observe a stop order is a misdemeanor.

Attachment L
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on September 15, 2026, by and between BKF Engineers, a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.

3. Contractor’s Obligations.

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

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.

4. Miscellaneous

To City: To Contractor:

City of Santa Maria – Department of Public Works BKF Engineers Attn: Yoselyn Moreno Attn: Emily Creel
110 S. Pine Street, Suite 221 201 N. Calle Cesar Chavez, Suite 300 Santa Maria, CA 93458 Santa Barbara, CA 93103

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

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

4.05. 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.

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

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

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

CONTRACTOR CITY OF SANTA MARIA

____________________________
By: Debra Leight
Principal-in-Charge

___________________________
By: Brett Fulgoni
Public Works Director
ATTEST:

___________________________
Donna G. Scwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment L
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK

The required services and abilities necessary to successfully perform environmental planning and permitting services on the project types listed above include, but are not limited to:

 Biological resource services, including:
o Habitat assessments
o Special-status species surveys
o Wetland delineations
Attachment L
Atty. Rev. 2025

o Biological constraints analyses
o Habitat mitigation planning
o Construction monitoring
o Agency consultation support

 Environmental support during design and construction, including:

Attachment L
Atty. Rev. 2025

Contractor and its subconsultants shall comply with all applicable Federal, State, and local laws, regulations, permits, and environmental requirements associated with the assigned task order.

Attachment L
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

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

The aggregate not -to-exceed fee for al l tasks provided under this Agreement shall be $1,000,000 per fiscal year (July 1 through June 30), with a total aggregate not -to-exceed amount of $2,000,000 for the full two -year term.

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous month.

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

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not-to- exceed amount. Work Authorized by Change Order/Amendment sha ll be billed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment L
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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 California 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.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Attachment L
Atty. Rev. 2025

C. Self-insured Retentions

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 an d 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 furnished 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).

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.

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 wheth er or not the City has received a waiver of subrogation endorsement from the insurer.

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

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.

Attachment L
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.

The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

directed by the DIR, pursuant to California Labor Code section 1727.

Attachment M
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on September 15, 2026, by and between EMC Planning Group Inc., a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.

3. Contractor’s Obligations.

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

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.

4. Miscellaneous

To City: To Contractor:

City of Santa Maria – Department of Public Works EMC Planning Group Inc.

Attn: Yoselyn Moreno Attn: Teri Wissler Adam 110 S. Pine Street, Suite 221 601 Abrego Street Santa Maria, CA 93458 Monterey, CA 93940

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

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

4.05. 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.

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

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

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

CONTRACTOR CITY OF SANTA MARIA

____________________________
By: Michael J. Groves
President

___________________________
By: Brett Fulgoni
Public Works Director
ATTEST:

___________________________
Donna G. Scwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment M
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK

The required services and abilities necessary to successfully perform environmental planning and permitting services on the project types listed above include, but are not limited to:

 Biological resource services, including:
o Habitat assessments
o Special-status species surveys
o Wetland delineations
Attachment M
Atty. Rev. 2025

o Biological constraints analyses
o Habitat mitigation planning
o Construction monitoring
o Agency consultation support

 Environmental support during design and construction, including:

Attachment M
Atty. Rev. 2025

Contractor and its subconsultants shall comply with all applicable Federal, State, and local laws, regulations, permits, and environmental requirements associated with the assigned task order.

Attachment M
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

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

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous month.

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

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment M
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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 California 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.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and s hall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of elec tronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Attachment M
Atty. Rev. 2025

C. Self-insured Retentions

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 v olunteers 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 furnished 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).

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 n otices provided pursuant to this Agreement shall be given to the City representative listed for noti ce 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 return-receipt requested.

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

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.

Attachment M
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.

The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

directed by the DIR, pursuant to California Labor Code section 1727.

Attachment N
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on September 15, 2026, by and between Kevin Merk Associates, LLC., a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.

3. Contractor’s Obligations.

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

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.

4. Miscellaneous

To City: To Contractor:

City of Santa Maria – Department of Public Works Kevin Merk Associates, LLC.

Attn: Yoselyn Moreno Attn: Kevin Merk
110 S. Pine Street, Suite 221 P.O. Box 318 Santa Maria, CA 93458 San Luis Obispo, CA 93406

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

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

4.05. 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.

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

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

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

CONTRACTOR CITY OF SANTA MARIA

____________________________
By: Kevin Merk
Principal Biologist

___________________________
By: Brett Fulgoni
Public Works Director
ATTEST:

___________________________
Donna G. Scwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment N
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK

The required services and abilities necessary to successfully perform environmental planning and permitting services on the project types listed above include, but are not limited to:

 Biological resource services, including:
o Habitat assessments
o Special-status species surveys
o Wetland delineations
Attachment N
Atty. Rev. 2025

o Biological constraints analyses
o Habitat mitigation planning
o Construction monitoring
o Agency consultation support

 Environmental support during design and construction, including:

Attachment N
Atty. Rev. 2025

Contractor and its subconsultants shall comply with all applicable Federal, State, and local laws, regulations, permits, and environmental requirements associated with the assigned task order.

Attachment N
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

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

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous month.

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

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment N
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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 California 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.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Attachment N
Atty. Rev. 2025

C. Self-insured Retentions

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 furnished 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).

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.

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

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.

Attachment N
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.

The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

directed by the DIR, pursuant to California Labor Code section 1727.

Attachment O
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on September 15, 2026, by and between Nichols Consulting Engineers, CHTD., a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.

3. Contractor’s Obligations.

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

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.

4. Miscellaneous

To City: To Contractor:

City of Santa Maria – Department of Public Works Nichols Consulting Engineers, CHTD.

Attn: Yoselyn Moreno Attn: Chris Mundhenk 110 S. Pine Street, Suite 221 2300 E Katella Avenue, Suite 125 Santa Maria, CA 93458 Anaheim, CA 92806

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

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

4.05. 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.

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

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

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

CONTRACTOR CITY OF SANTA MARIA

____________________________
By: Vivek Jha
Principal

___________________________
By: Brett Fulgoni
Public Works Director
ATTEST:

___________________________
Donna G. Scwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment O
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK

The required services and abilities necessary to successfully perform environmental planning and permitting services on the project types listed above include, but are not limited to:

 Biological resource services, including:
o Habitat assessments
o Special-status species surveys
o Wetland delineations
Attachment O
Atty. Rev. 2025

o Biological constraints analyses
o Habitat mitigation planning
o Construction monitoring
o Agency consultation support

 Environmental support during design and construction, including:

Attachment O
Atty. Rev. 2025

Contractor and its subconsultants shall comply with all applicable Federal, State, and local laws, regulations, permits, and environmental requirements associated with the assigned task order.

Attachment O
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

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

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous month.

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

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment O
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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 California 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.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, b ut not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic informat ion, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Attachment O
Atty. Rev. 2025

C. Self-insured Retentions

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 furnished 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).

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.

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

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 c omplete, 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.

Attachment O
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.

The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

directed by the DIR, pursuant to California Labor Code section 1727.

Attachment P
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on September 15, 2026, by and between Ramboll Americas Engineering Solutions, Inc., a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.

3. Contractor’s Obligations.

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

3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assign ed 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 Contractor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

Attachment P
Atty. Rev. 2025

3.04. Indemnification. To the fullest extent permitted by law, the Contractor 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 Contractor 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.

4. Miscellaneous

To City: To Contractor:

City of Santa Maria – Department of Public Works Ramboll Americas Engineering Solutions, Inc.

Attn: Yoselyn Moreno Attn: Varalakshmi Jayaram 110 S. Pine Street, Suite 221 2211 Michelson Drive, Suite 400 Santa Maria, CA 93458 Irvine, CA 92612

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

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

4.05. 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.

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

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

4.10 Prevailing Wage. Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime Attachment P
Atty. Rev. 2025

and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California 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. Further requirements are attached as Exhibit D.

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

CONTRACTOR CITY OF SANTA MARIA

____________________________
By: Cheryl Ginyard-Jones
Managing Director

___________________________
By: Brett Fulgoni
Public Works Director
ATTEST:

___________________________
Donna G. Scwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment P
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK

The required services and abilities necessary to successfully perform environmental planning and permitting services on the project types listed above include, but are not limited to:

 Biological resource services, including:
o Habitat assessments
o Special-status species surveys
o Wetland delineations
Attachment P
Atty. Rev. 2025

o Biological constraints analyses
o Habitat mitigation planning
o Construction monitoring
o Agency consultation support

 Environmental support during design and construction, including:

Attachment P
Atty. Rev. 2025

Contractor and its subconsultants shall comply with all applicable Federal, State, and local laws, regulations, permits, and environmental requirements associated with the assigned task order.

Attachment P
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

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

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous month.

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

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment P
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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 California 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.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and s hall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of elec tronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Attachment P
Atty. Rev. 2025

C. Self-insured Retentions

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 v olunteers 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 furnished 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).

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.

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

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.

Attachment P
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.

The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

directed by the DIR, pursuant to California Labor Code section 1727.

Attachment Q
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on September 15, 2026, by and between Rincon Consultants, Inc., a California “S” Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.

3. Contractor’s Obligations.

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

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.

4. Miscellaneous

To City: To Contractor:

City of Santa Maria – Department of Public Works Rincon Consultants, Inc.

Attn: Yoselyn Moreno Attn: Eric VonBerg
110 S. Pine Street, Suite 221 319 East Carrillo Street, Suite 105 Santa Maria, CA 93458 Santa Barbara, CA 93101

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

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

4.05. 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.

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

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

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

CONTRACTOR CITY OF SANTA MARIA

____________________________
By: Megan Jones
Principal-in-Charge

___________________________
By: Brett Fulgoni
Public Works Director
ATTEST:

___________________________
Donna G. Scwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment Q
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK

The required services and abilities necessary to successfully perform environmental planning and permitting services on the project types listed above include, but are not limited to:

 Biological resource services, including:
o Habitat assessments
o Special-status species surveys
o Wetland delineations
Attachment Q
Atty. Rev. 2025

o Biological constraints analyses
o Habitat mitigation planning
o Construction monitoring
o Agency consultation support

 Environmental support during design and construction, including:

Attachment Q
Atty. Rev. 2025

Contractor and its subconsultants shall comply with all applicable Federal, State, and local laws, regulations, permits, and environmental requirements associated with the assigned task order.

Attachment Q
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

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

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous month.

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

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Contractor’s billing rates and scope of work are null and void.

Attachment Q
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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 California 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.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Attachment Q
Atty. Rev. 2025

C. Self-insured Retentions

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 furnished 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).

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.

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

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 compl ete, 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.

Attachment Q
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.

The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

directed by the DIR, pursuant to California Labor Code section 1727.

Attachment R
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on September 15, 2026, by and between Stearns, Conrad & Schmidt Consulting Engineers, Inc., a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.

3. Contractor’s Obligations.

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

3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assign ed 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 Contractor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).

Attachment R
Atty. Rev. 2025

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.

4. Miscellaneous

To City: To Contractor:

City of Santa Maria Stearns, Conrad & Schmidt Consulting Department of Public Works Engineers, Inc.

Attn: Yoselyn Moreno Attn: Eva Luu
110 S. Pine Street, Suite 221 2370 Skyway Drive, Ste. 101 Santa Maria, CA 93458 Santa Maria, CA 93455

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

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

4.05. 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.

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

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

Attachment R
Atty. Rev. 2025

4.10 Prevailing Wage. Prevailing Wage. If applicable, Contractor and all subcontractors 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 California 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. Further requirements are attached as Exhibit D.

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

CONTRACTOR CITY OF SANTA MARIA

____________________________
By: Paul Schafer
Project Director

___________________________
By: Brett Fulgoni
Public Works Director
ATTEST:

___________________________
Donna G. Scwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment R
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK

The required services and abilities necessary to successfully perform environmental planning and permitting services on the project types listed above include, but are not limited to:

 Biological resource services, including:
o Habitat assessments
o Special-status species surveys
o Wetland delineations
Attachment R
Atty. Rev. 2025

o Biological constraints analyses
o Habitat mitigation planning
o Construction monitoring
o Agency consultation support

 Environmental support during design and construction, including:

Attachment R
Atty. Rev. 2025

Contractor and its subconsultants shall comply with all applicable Federal, State, and local laws, regulations, permits, and environmental requirements associated with the assigned task order.

Attachment R
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

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

The aggregate not -to-exceed fee for al l tasks provided under this Agreement shall be $1,000,000 per fiscal year (July 1 through June 30), with a total aggregate not -to-exceed amount of $2,000,000 for the full two-year term.

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous month.

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

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not -to- exceed amount. Work Authorized by Change Order/Amendment sha ll be billed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Con tractor’s billing rates and scope of work are null and void.

Attachment R
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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 California 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.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duti es and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of pr ivacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as w ell as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Attachment R
Atty. Rev. 2025

C. Self-insured Retentions

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 v olunteers 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 furnished in connection with such work or o perations. 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).

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 n otices provided pursuant to this Agreement shall be given to the City representative listed for noti ce 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 return-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 thi s 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 Con sultant 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

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.

Attachment R
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.

The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

directed by the DIR, pursuant to California Labor Code section 1727.

Attachment S
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on September 15, 2026, by and between SWCA Environmental Consultants, a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.

3. Contractor’s Obligations.

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

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.

4. Miscellaneous

To City: To Contractor:

City of Santa Maria – Department of Public Works SWCA Environmental Consultants Attn: Yoselyn Moreno Attn: Brandi Cummings 110 S. Pine Street, Suite 221 4111 Broad Street, Suite 210 Santa Maria, CA 93458 San Luis Obispo, CA 93401

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

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

4.05. 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.

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

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

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

CONTRACTOR CITY OF SANTA MARIA

____________________________
By: Brooke Langle
Vice President

___________________________
By: Brett Fulgoni
Public Works Director
ATTEST:

___________________________
Donna G. Scwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment S
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK

The required services and abilities necessary to successfully perform environmental planning and permitting services on the project types listed above include, but are not limited to:

 Biological resource services, including:
o Habitat assessments
o Special-status species surveys
o Wetland delineations
Attachment S
Atty. Rev. 2025

o Biological constraints analyses
o Habitat mitigation planning
o Construction monitoring
o Agency consultation support

 Environmental support during design and construction, including:

Attachment S
Atty. Rev. 2025

Contractor and its subconsultants shall comply with all applicable Federal, State, and local laws, regulations, permits, and environmental requirements associated with the assigned task order.

Attachment S
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

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

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous month.

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

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not -to- exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Con tractor’s billing rates and scope of work are null and void.

Attachment S
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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 California 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.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, b ut not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic informat ion, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with lim its sufficient to respond to these obligations.

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 Commercia l 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.

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.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Attachment S
Atty. Rev. 2025

C. Self-insured Retentions

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 furnished 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 covera ge shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 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.

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 Con sultant 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

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 c omplete, 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.

Attachment S
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.

The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

directed by the DIR, pursuant to California Labor Code section 1727.

Attachment T
Atty. Rev. 2025

AGREEMENT FOR SERVICES

This Agreement is made on September 15, 2026, by and between Tetra Tech, Inc., a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.03 City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit B.

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit C.

2.06. Prevailing wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit D and applicable law.

2.07. Exhibits. Exhibits “A, B, C, and D are attached and incorporated.

3. Contractor’s Obligations.

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

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.

4. Miscellaneous

To City: To Contractor:

City of Santa Maria – Department of Public Works Tetra Tech, Inc.

Attn: Yoselyn Moreno Attn: Randy Westhaus 110 S. Pine Street, Suite 221 3201 Airpark Drive, Suite 108 Santa Maria, CA 93458 Santa Maria, CA 93455

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

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

4.05. 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.

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

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

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

CONTRACTOR CITY OF SANTA MARIA

____________________________
By: Randy Westhaus, PE
Vice President

________________________ ___
By: Brett Fulgoni
Public Works Director
ATTEST:

___________________________
Donna G. Scwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

______________________
City Attorney

______________________
Risk Manager

Attachment T
Atty. Rev. 2025

EXHIBIT A

SCOPE OF WORK

The required services and abilities necessary to successfully perform environmental planning and permitting services on the project types listed above include, but are not limited to:

 Biological resource services, including:
o Habitat assessments
o Special-status species surveys
o Wetland delineations
Attachment T
Atty. Rev. 2025

o Biological constraints analyses
o Habitat mitigation planning
o Construction monitoring
o Agency consultation support

 Environmental support during design and construction, including:

Attachment T
Atty. Rev. 2025

Contractor and its subconsultants shall comply with all applicable Federal, State, and local laws, regulations, permits, and environmental requirements associated with the assigned task order.

Attachment T
Atty. Rev. 2025

EXHIBIT B

PAYMENT

I. Progress Authorization

This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.

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

II. Invoice procedure.

A. Payment shall be monthly based on the billable charges.

B. The Contractor shall present the bill for charges from the previous month.

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

D. City may withhold payment for disputed work. Payment of fees shall not constitute an acceptance of work.

III. Rates shall be billed according to Contractor’s attached fee schedule, up to the not -to- exceed amount. Work Authorized by Change Order/Amendment shall be billed at on a time and materials basis according to the attached fee schedule, unless another payment method is agreed to in writing by the City prior to initiation of work.

IV. If Contractor’s response to the City’s RFP or RFQ is attached to this agreement, all terms other than those concerning the Con tractor’s billing rates and scope of work are null and void.

Attachment T
Atty. Rev. 2025

EXHIBIT C

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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 California 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.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, inv asion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

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/loc ation (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Attachment T
Atty. Rev. 2025

C. Self-insured Retentions

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 furnished 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).

3. Each insurance policy required by this clause shall be endorsed to state t hat coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City.

All n otices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall speci fy the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-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 wh ether 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 Con sultant 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

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.

Attachment T
Atty. Rev. 2025

EXHIBIT D

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND PRECONSTRUCTION PHASES OF

CONSTRUCTION, AND INSTALLATIONS

The terms of this Exhibit apply to all Public Works projects for over $1,000.

4. Apprentices. The CONTRACTOR and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices.

The CONTRACTOR is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the CONTRACTOR is required to secure the payment of compensation of its employees.

By signing the Agreement, to which this is an exhibit, the CONTRACTOR certifies that:

directed by the DIR, pursuant to California Labor Code section 1727.

COUNCIL AGENDA REPORT

TO: Mayor and City Council

FROM: Brett Fulgoni, Director of Public Works

DATE: September 15, 2026

SUBJECT: Adoption of a Resolution A pproving the Disposition of Older Transit Vehicles and Assets

Description:

The City Council will consider adopting a Resolution authorizing the disposal of older transit vehicles and equipment.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State G uidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

1. Adopt a Resolution authorizing the disposition of older transit vehicles and equipment; and

2. Authorize the City Manager or designee to sign sales agreements with a reputable auction company for the surplus of the transit vehicles.

BACKGROUND:

The City of Santa Maria Regional Transit (SMRT) utilizes a variety of vehicles and equipment purchased primarily through Federal Transit Administration (FTA) funding. As a recipient of federal funds, the City must manage the disposal of these assets in accordance with the Code of Federal Regulations (2CFR §200) and FTA Circular 5010.1E. Once an asset reaches the end of its "useful life ," it is surplused through methods that ensure the highest financial return, typically via public auction.

DISCUSSION:

The Transit Division has identified several assets for retirement based on age, mileage, and condition. None of these vehicles have und ergone major drivetrain overhauls that would extend their mandated useful life.

2 Assets Identified for Disposition:

Unit /
Vehicle #
VIN Number Year Make Model Engine Age Current
Odometer
Remaining
Years
Remaining
Miles
4014-160 15GGD2719D1182528 2014 Gillig Low Floor Cummins 12 468,985 0 31,015 4014-194 15GGD2719D1182531 2014 Gillig Low Floor Cummins 12 460,647 0 39,353 4010-195 15GGD2711A1176931 2010 Gillig Low Floor Cummins 13 427,701 -4 72,299 156 15GGD2717A11766481 2010 Gillig Low Floor Cummins 14 518063 -2 0

Condition and Replacement
According to the City’s Transit Asset Management (TAM) Plan, these assets have received a condition rating of less than 2.0 (Very Poor). Due to high maintenance costs and declining reliability, it is no longer fiscally responsible to keep them in service.

Replacements for these vehicles have incorporated into current capital procurement cycles.

Federal Interest and Fair Market Value
The FTA retains a financial interest in equipment with a unit value exceeding $5,000.

Transit staff calculated the remaining value using straight-line depreciation; based on age and wear, the remaining federal interest is calculated at $0. Furthermore, market analysis of similar recent auctions confirms the anticipated individual sale price for each unit will likely fall below the $5,000 threshold.

Sale Process
If a vehicle sells for more than $5,000, the City will reimburse the FTA its proportionate share (e.g., 80 percent of net proceeds) or apply those funds toward an FTA -approved capital award. The Transit Division will coll aborate with Fleet Services to utilize online auction platforms, which historically yield higher returns and more competitive bidding than in-person events.

Auction Company
The sale of items is advertised and displayed online with photographs, videos, and detailed descriptions. In recent years, the City’s Fleet and Transit Divisions have utilized the online auction company GovDeal.com to market and sell equipment to the broadest possible audience. In general, auction proceeds through this site have been be tter than with the City attempting to sell them on its own or than other government equipment auction sites, and it is recommended that the City continue using this method.

Alternative(s)
The City Council may choose not to approve the recommended action, which would result in the continued retention of vehicles and equipment that have exceeded their useful life, leading to increased maintenance costs and reduced reliability. Alternatively, the City Council could direct staff to delay disposal; however, this would continue to incur storage and maintenance costs without providing operational benefit.

Fiscal Considerations
There is no impact on the General Fund. The Transit Program operates as an Enterprise Fund. All proceeds from the auction will be recorded in the Transit budget as restricted funds, to be applied toward future FTA-approved capital projects. 3 Impact on the Community
This is an administrative action with no negative impact on transit service. The retirement of older, high-maintenance vehicles ensures a more reliable and efficient fleet for SMRT riders. Auction proceeds will be reinvested into future community transportation improvements.

ATTACHMENT(S)

A. Resolution

Attachment A

Page 1 of 2 ends

Santa Maria City CouncilSeptember 15, 2026

Santa Maria City Council
September 15, 2026