Cities Index.
Agenda

Solvang City Council
June 12, 2023

Document
Agenda
Meeting
June 12, 2023
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Solvang City Council
Pages
72
Original file
300.6 MB
Text extracted from the city's file for reading and search. Open the original on www.cityofsolvang.com. That file is the official record.

AGENDA

SOLVANG CITY COUNCIL
MONDAY, JUNE 12, 2023
-
VIRTUAL & IN COUNCIL CHAMBER, 1644 OAK STREET, SOLVANG, CA 93463 City Council:

Mark Infanti, Mayor
Elizabeth Orona District 4
David Brown District 3
Robert Clarke at-large
Claudia Orona at-large
PARTICIPATING IN THE MEETING -City Council meetings will be in person and conducted by video/teleconferencing through Zoom. Meeting will also be broadcast live on Channel 23 and streamed on the City’s website, Vimeo, and YouTube.
• To join by Zoom, visit https://zoom.us/j/3066529195. If you wish to speak, please use the “raised hand” symbol.
• To join by phone, call (888) 788-0099 and enter Meeting ID: 306 652 9195#. The phone line will be open starting at 6 p.m.
6:30 PM REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS
a. June 2023 as Pride Month Proclamation
b. Juneteenth Day 2023 Proclamation
PRESENTATIONS - None
AGENDA AND SUPPORTING MATERIALS – Available for viewing 8:00a.m.-5:00p.m. at City Hall, 1644 Oak Street, Solvang, and on the City’s website https://www.cityofsolvang.com/agendacenter. Additional writings that are distributed to a majority of the City Council after the posting of the agenda will be made available at City Hall and on the City’s website.

AGENDA POSTING NOTIFICATION - Subscribe to receive email or text message notifications when agendas are posted online through “Notify Me” at: https://www.cityofsolvang.com/List.aspx PUBLIC COMMENT - The public is encouraged to address the City Council in-person, virtually, or in-writing on agenda and non-agenda items. If provided in writing, comments must be submitted to the City Clerk at [email protected] by 5:00 p.m. on the Friday before the meeting to be considered. Your comment will be recorded and distributed appropriately. Comments on agenda items will be heard at the time each item is considered, including non-agenda items. In-person speakers will be invited to make public comments first.

Virtual speakers will follow.

AMERICANS WITH DISABILITIES ACT - If, as a participant of this meeting, you need special assistance the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk at either (805) 688-5575 x206 or [email protected]. 72- hours’ notice is requested 1 1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS This section is intended to provide members of the public with the opportunity to address the Council on items not on the Agenda and on Consent. This section is limited to 30 minutes. Each speaker will be afforded three minutes and may speak only once. State law does not allow the Council to discuss or take action on issues not on the agenda, except to briefly respond or to ask Staff to follow up on such items.

2. CITY MANAGER REPORT AND ADVANCE CALENDAR
Informational Report

3. COUNCIL COMMENTS AND REQUESTS
Comments and requests from City Council Members. No action will be taken at this meeting.

4. CONSENT ITEMS
Consent is designed for routine; administrative city matters and is approved by roll call vote with one motion.

These items are discussed only on request of council members. Members of the public were afforded an opportunity to speak on Consent items during the Public Communications portion of this agenda. a. Approve Order of Agenda as Presented
b. Approve May 2023 accounts payable ..........................................................................................7 c. Approve Amendment 4 to the Agreement with ZWorld LLC for annual Geographic Information Systems (GIS) Services for the additional amount not to exceed $37,500, for a new total contract not to exceed $170,000. and extend the term to June 30, 2024; and authorize the Mayor to execute on behalf of the City. .......................................................................................20 d. Receive and file Stiletto Marketing May 2023 Marketing Efforts.....................................................49 e. Receive and file Islett Social Media May 2023 Social Media........................................................62 f. Approve Amendment 1 to the agreement with MNS Engineers Inc for Stormwater Program Assistance and implementation for the additional amount not to exceed $112,000 for a new total contract amount not to exceed $218,950, and to extend the term to June 30, 2024; and authorize the Mayor to execute on behalf of the City...................................................................................72 g. Approve Amendment 1 to the Agreement with MNS Engineers Inc for Municipal Facilities Master Plan Services to extend the term to June 30, 2024; and authorize the City Manager to execute on behalf of the City...........................................................................................................................90 h. Approve Amendment 3 to the Agreement with Moore & Associates Inc for Transit Management Services, for an additional amount of $87,000 for a new total amount not to exceed $825,758, and to extend the term to June 30, 2024; and authorize the Mayor to execute on behalf of the City...107 i. For second reading, Adopt by Title Only Ordinance No. 23-0366 amending Title 11 of the Solvang Municipal Code to conform Solar Energy System permitting requirements to State law and make a determination of exemption under the California Environmental Quality Act (CEQA) .......................................................................................................................................147 j. Adopt Resolution No. 23-1219 Authorizing the City Manager to execute an FTA 5311 Grant Agreement with Caltrans for Operation Assistance for Public Transit........................................158 k. Adopt Resolution No. 23-1220 Authorizing the filing of a claim with the Santa Barbara County Association of Governments for allocation of Transportation Development Act Funds for fiscal year 2023-2024..........................................................................................................................161 2 5. PUBLIC HEARINGS
a. Public Hearing to Consider Adoption of Resolution No. 23-1218 Confirming and Levying Assessments for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 for Fiscal Year 2023-24............................................................................................................164 b. Public Hearing to consider Second reading to Adopt by Title Only Ordinance No. 23-0367 Amending Chapter 2 “Fire Protection and Prevention” of Title 10 “Building Regulations” of the Solvang Municipal Code and Adopting by reference “Chapter 15 - Fire Prevention” of the Santa Barbara County Code (Incorporating and Amending the California Fire Code, 2022 Edition, and portions of the 2021 International Fire Code), and Making a Determination of Exemption under The California Environmental Quality Act...................189

6. DISCUSSION ITEMS
a. Discussion and possible action to approve Ad Hoc Finance Committee recommendations for Human Services Grant Funding and approve midcycle budget modifications for fiscal year 2023-2024............................................................................................................................. 247 b. Discussion and possible action to Approve Amendment 3 to the Agreement with Santa Barbara County for Law Enforcement Services in the monthly amount not to exceed $207,292, and to extend the term to September 29, 2023; and authorize the Mayor to execute on behalf of the City...................................................................................................1599 c. Discussion and possible action regarding partnering with the Santa Barbara County to conduct voter support polling for levying a countywide tax to supplement library funding........................................................................................................................................1664

7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS

8. ADJOURNMENT

AFFIDAVIT OF POSTING
I, Annamarie Porter, City Clerk for the City of Solvang, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing revised notice was posted at the City of Solvang City Hall bulletin board at 1644 Oak Street, Solvang, CA and on the City of Solvang website not less than 72 hours prior to the meeting, per Government Code 54954.2.

Dated this 7th day of June 2023
3 4
5 Meeting Date Agenda Item Agenda Dept
26-Jun
Appropriation Limit FY 22-23 Article XIIIB Reso Public Hearing Administration Willdan Engineering Agmt Amendment Consent Planning
Fred Lageman Agmt Amendment Consent Administration
Goleta City Library Agmt Consent Administration
Hsueh, Eddie Code Enforcement agmt amendment Consent Planning Rafael Ruiz Janitorial Services Amendment Discussion Public Works Urban Planning Concepts Inc Agmt Amend Consent Planning Prime Government Solutions Contract Extension Consent City Clerk Maria Shafer Minutes Clerk Contract Amendment Consent City Clerk Monthly Investment Report Consent Administration
SP Street Sweeping & Sidewalk Steam Cleaning
Contract Amendment
Consent Public Works
Special Events Policy Discussion Planning
Outdoor Dining Discussion Planning
Planning Division Presentation Planning
10-Jul Esther Jacobsen Bates Proclamation Proclamation City Clerk Award City Street Tree Maintenance Contract Discussion Public Works Cannon SSMP Agmt Discussion Utilities
Active Transportation Plan Discussion Public Works
24-Jul Quarterly Investment Report Consent Administration Employee Handbook Revision Discussion Administration
Teamsters Union Local 986 2023-24 MOU Discussion Administration Public Works Department Presentation Public Works
Future Meetings
Modify City Code Title 9, Chapter 3, 9-3D-3 Water
Conservation
Public Hearing Utilities
Measure U Oversight Committee Appointment Discussion City Clerk Residences as a primary use in the TRC Zone Discussion Planning General Plan Planning
Finance Department reorganization Discussion Administration Grant Funding Applications review Discussion Administration Annual Creek Inspections Discussion Public Works
Homeless encampment solutions Discussion City Manager
Asset Essentials by Brightly Consent Public Works
Ring Central Master Services Agreement Consent City Manager Scramble Crosswalk Discussion Public Works
RFQ Interim Financing WWTP Administration Discussion Administration City Council protocols Discussion City Manager
Compensentation Study Discussion Administration
Budget to Actual Discussion Administration
Auditor RFP Consent Administration
Meeting Date Agenda Item Agenda Action
N/A
Agenda Item Agenda Action
January Comprehensive Annual Financial Report Discussion Administration January Brown Act Training City Attorney
February Measure A 5-Year Local Program of Projects Public Hearing Public Works February Mid-Year Budget Adjustments Administration
February (even
years)
Council Budget Goal Setting Public Workshop City Manager March Housing Element and LEAP Grant Annual Report Public Hearing Approve March SB1 RMRA project List Public Hearing Public Works March Investment Policy Annual Review Discussion Administration March Solvang Skytt Mesa LLMD Annual Assessment Public Hearing Public Works March FTA 5311 Grant Agreement Consent Approve
March TDA Grant Funding Consent Approve
May Preliminary Budget Administration
Oct/Jan/April/July Quarterly Financial Reports Discussion Administration June Two-Year Financial Plan Development or Supplemental Budget adoption
Discussion Administration
June Capital Improvement Program Discussion Public Works June/July Amend Appropriation Limit Public Hearing Adopt July AB 1600 Report Discussion Approve
November Stormwater Management Program Annual Report Consent Public Works December Appointment of Mayor pro tem Discussion City Clerk December Council selection of representatives to Committees and Agencies
Discussion City Clerk
December (even
years)
Appointment to Boards, Commissions, Committees Discussion City Clerk Council Requested Agenda Items
Annual Reports

CITY COUNCIL ADVANCE CALENDAR
6 6/6/2023 3:07:28 PM Page 1 of 13
Expense Approval Report
City of Solvang By Segment (Select Below)
Payment Dates 5/1/2023 - 5/31/2023
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-16002 674.21 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-16002 36.84 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-16002 184.36 Diane Byington INV0009624 11/15/2021 Refund- Rental Deposit 100-16002 125.00 Susana Rodriguez INV0010336 07/08/2022 Refund-Rental Deposit 100-16002 100.00 Vanessa Robertson INV0011053 04/14/2023 Recreation Refund 100-16002 312.00 Club Hijos Ausentes Los Verga… INV0011054 04/23/2023 Recreation Refund 100-16002 500.00 GUERRERO, JOSE INV0011055 04/30/2023 Recreation Refund 100-16002 100.00 Regina Lerena INV0011056 04/29/2023 Recreation Refund 100-16002 100.00 Harlan Katz INV0011057 04/29/2023 Recreation Refund 100-16002 112.00 Monica Ramirez INV0011089 05/09/2023 Recreation Refund 100-16002 100.00 Lifeline Screening INV0011090 05/09/2023 Recreation Refund 100-16002 400.00 SYV PEOPLE HELPING PEOPLE INV0011091 05/11/2023 Recreation Refund 100-16002 209.00 Carmen Garcia INV0011096 05/15/2023 Recreation Refund 100-16002 100.00 Efren Briceno INV0011097 05/15/2023 Recreation Refund 100-16002 100.00 Kelly Hunziker INV0011098 05/15/2023 Recreation Refund 100-16002 100.00 Maria Ramos INV0011101 05/17/2023 Recreation Refund 100-16002 158.00 BELLA VISTA SYV, LLC INV0007061 04/19/2019 Refund - Fees for Environmen… 100-20017 1,289.56 Carmen Garcia INV0011096 05/15/2023 Recreation Refund 100-20036 50.00 Platinum Plus for Business dba…3831 04/11/2023 04/11/2023 Billing - April 11, 2023 - May 1… 100-20037 5,102.92 Club Hijos Ausentes Los Verga… INV0011038 04/18/2023 Parks & Rec Refund 100-23005 185.00 S.Y.R.W.C.D. ID #1 DWR/CCWA Fixed Assesment …05/01/2023 Fixed Assesment for 2023-24 500-16003 2,030,892.48 2,040,931.37
Department: 1000 - Council
Maria Shafer 2023-018 SOLV 05/03/2023 Preparation of Minutes City C… 100-1000-100-57016 382.50 Maria Shafer 2023-020 SOLV 05/05/2023 Preparation of Minutes Planni… 100-1000-100-57016 85.00 Raymond Cano INV0011051 04/18/2023 Leadership Training Snacks 100-1000-100-58001 27.90 Islay Events 1156 05/02/2023 Video Recordings 100-1000-100-63002 1,955.00 Islay Events 1163 05/24/2023 Video Technician 100-1000-100-63002 2,125.00 Santa Barbara Co Sheriff Dept 1763 05/08/2023 Law Enforcement Services 100-1000-130-56006 193,009.00 Department 1000 - Council Total: 197,584.40
Department: 1100 - Administration
Advantage Group, The 156597 04/30/2023 Admin Flex Fee - April 100-1100-105-51005 171.40 Advantage Group, The INV0011146 05/31/2023 Retirement Health 100-1100-105-51005 6,292.89 Nielsen Building Material 100103 05/19/2023 Tools 100-1100-120-43021 -1.24 Nielsen Building Material 100696 05/23/2023 Tools 100-1100-120-43021 -0.98 Nielsen Building Material 95210 04/21/2023 Supplies 100-1100-120-43021 -2.95 Nielsen Building Material 97443 05/04/2023 Supplies 100-1100-120-43021 -2.18 Nielsen Building Material 98706 05/11/2023 Concrete 100-1100-120-43021 -0.53 Nielsen Building Material 98748 05/11/2023 Supplies 100-1100-120-43021 -1.48 Nielsen Building Material 99444 05/16/2023 Tools 100-1100-120-43021 -2.93 Santa Ynez Valley Hardware INV0011088 04/30/2023 Monthly Billing - April 100-1100-120-43021 -28.61 Employment Development De…INV0011092 05/15/2023 X. Bradford UI Payment 100-1100-120-51006 5,400.00 Education & Training Services,…23-4-11 04/05/2023 Education & Training Services 100-1100-120-51012 499.00 Staples Advantage 3536210012 04/22/2023 Office Supplies 100-1100-120-52003 63.93 Staples Advantage 3536210014 04/22/2023 Office Supplies 100-1100-120-52003 11.98 Staples Advantage 3536870622 04/29/2023 Pickup 100-1100-120-52003 -63.35 Staples Advantage 3536870623 04/29/2023 Office Supplies 100-1100-120-52003 300.25 Staples Advantage 3536870624 04/29/2023 Office Supplies 100-1100-120-52003 11.63 Staples Advantage 3538039557 05/11/2023 Supplies 100-1100-120-52003 47.19 Staples Advantage 3538039559 05/11/2023 Supplies 100-1100-120-52003 53.12 Hankering Corporation, The 86914 05/15/2023 Name Plates 100-1100-120-52003 26.81 Quadient Finance USA, Inc. 1265 04/16/23 04/16/2023 Postage 100-1100-120-52008 200.00 Staples Advantage 3538039555 05/11/2023 Electronic Supplies 100-1100-120-53010 50.07 Agenda Item 4.b
7 Expense Approval Report Payment Dates: 5/1/2023 - 5/31/2023 6/6/2023 3:07:28 PM Page 2 of 13
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Hankering Corporation, The 86714 04/17/2023 Business Cards 100-1100-120-57015 104.72 Hankering Corporation, The 86787 04/26/2023 Business Cards 100-1100-120-57015 72.37 Vital Records Control 2341541 05/11/2023 Shredding Services (org. invoi… 100-1100-120-57016 44.95 Vital Records Control 2485250 05/11/2023 Shredding Services (org. invoi… 100-1100-120-57016 79.81 Central Courier LLC 53236 05/08/2023 Courier Service 100-1100-120-57016 677.75 Government Revenue Solutio… INV06-016421 04/24/2023 STARS Service for 4th Quarter 100-1100-120-57025 150.00 Robert Half International, Inc. 61902321 04/25/2023 P. Wynne Ending week 4/17-4…100-1100-120-57052 1,416.80 Robert Half International, Inc. 61953906 05/04/2023 P. Wynne Week Ending 4/28 100-1100-120-57052 1,417.88 Robert Half International, Inc. 61969850 05/09/2023 P.Wynne Week Ending 5/5 100-1100-120-57052 1,355.46 Robert Half International, Inc. 62003059 05/16/2023 P. Wynne Week Ending 5/12/… 100-1100-120-57052 1,123.61 Robert Half International, Inc. 62035911 05/23/2023 P.Wynne Week Ending - 5/19/…100-1100-120-57052 1,426.80 Satcom Global FZE AS05230758 05/01/2023 Sim Card 100-1100-120-60006 42.75 Comcast 0775 04/15/2023 04/15/2023 Acct#939750775 100-1100-121-57064 384.54 PlanetBids, Inc. 092220 05/24/2023 Planet Bids Bidding Assistance…100-1100-121-57064 5,375.00 ZWorld GIS 2023-0280 05/01/2023 Annual GIS Services 100-1100-121-57064 1,634.79 Frontier Communications 5575 05/13/2023 05/13/2023 Acc# 805-688-5575-062171-5 100-1100-121-57064 71.45 Lanspeed 56178 05/01/2023 Monthly Billing May 100-1100-121-57064 3,735.17 Lanspeed 56179 05/01/2023 Monthly Barracuda 100-1100-121-57064 155.94 Comcast 5898 04/28/2023 04/28/2023 Acct# 8155 70 005 0125898 100-1100-121-57064 84.87 Comcast 9241 04/20/2023 04/20/2023 Acct # 8155 70 005 0009241 100-1100-121-57064 13.27 Verizon Wireless Services, LLC 9932903636 04/19/2023 Acct #617131340-00001 100-1100-121-57064 718.01 Verizon Wireless Services, LLC 9935283493 05/19/2023 April Phone Service 100-1100-121-57064 713.64 RingCentral, Inc. CD_000588866 05/15/2023 Acct # 15039302027 100-1100-121-57064 1,081.82 Brightly Software, Inc. INV-203905 03/16/2023 Anual Subscription 4/1/2023-… 100-1100-121-57064 25,123.43 Department 1100 - Administration Total: 60,028.85
Department: 1200 - Planning & Building
Education & Training Services,…23-4-11 04/05/2023 Education & Training Services 100-1200-200-51012 499.00 Jack T. Williams INV0011039 02/20/2023 Reimbursement 100-1200-200-51012 91.15 Staples Advantage 3538039551 05/10/2023 Supplies 100-1200-200-52003 119.71 Quadient Finance USA, Inc. 1265 04/16/23 04/16/2023 Postage 100-1200-200-52008 25.00 Urban Planning Concepts, Inc. 11081 05/07/2023 Consulting Services 100-1200-200-57015 199.76 Column Software PBC 8BC38120-0054 04/20/2023 Printing & Publishing 100-1200-200-57015 85.65 Column Software PBC 8BC38120-0055 04/20/2023 Printing & Publishing 100-1200-200-57015 87.20 Column Software PBC 8BC38120-0056 05/11/2023 Printing & Publishing 100-1200-200-57015 84.10 Urban Planning Concepts, Inc. 11031 04/07/2023 Urban Planning Concepts 100-1200-200-57016 6,250.00 Urban Planning Concepts, Inc. 11081 05/07/2023 Urban Planning Concepts 100-1200-200-57016 6,867.50 Eddie Hsueh 34 05/02/2023 Eddie Hsueh Code Enforceme… 100-1200-201-57063 2,405.00 Quadient Finance USA, Inc. 1265 04/16/23 04/16/2023 Postage 100-1200-210-52008 25.00 Willdan Engineering 002-28492 04/14/2023 Willdan Engineering 100-1200-210-57016 2,227.02 Willdan Engineering 00228553 04/14/2023 Willdan Engineering 100-1200-210-57016 5,655.00 Willdan Engineering 00228554 04/14/2023 Willdan Engineering 100-1200-210-57016 6,362.50 Department 1200 - Planning & Building Total: 30,983.59
Department: 1300 - Parks and Recreation
SYVUHSD Baseball Boosters INV0008093 04/14/2020 Cancelled Event - HCA D Renta…100-1300-310-31007 200.00 Valley Shield Termite and Pest…17347 05/17/2023 Twice a Month AG Service 100-1300-310-57057 100.00 Education & Training Services,…23-4-11 04/05/2023 Education & Training Services 100-1300-350-51012 499.00 Staples Advantage 3536210017 04/22/2023 Office Supplies 100-1300-350-52003 57.50 Quadient Finance USA, Inc. 1265 04/16/23 04/16/2023 Postage 100-1300-350-52008 50.00 Advanced Automotive Solutio… 36036 05/15/2023 Oil Change 100-1300-350-53008 1,304.69 Shana DeLeon INV0011052 04/30/2023 Social media postings of rec ac…100-1300-350-57001 420.00 O'Reilly Automotive Stores, In… 4372-350698 05/01/2023 Wiper Blade 100-1300-350-57016 58.19 Frederick Paul Lageman INV0011093 05/11/2023 Recreation Services 100-1300-350-57016 1,710.00 Jeff Paaske INV0008372 08/19/2020 Refund - Bocce Ball League/C… 100-1300-360-31008 250.00 John B. Salter INV0011139 05/24/2023 Referee for Basketball 100-1300-360-52005 175.00 Fernando Loera INV0011140 05/24/2023 Referee for Basketball 100-1300-360-52005 280.00 Randy Rowles INV0011141 05/24/2023 Refree for Basketball 100-1300-360-52005 245.00 John H. Salter INV0011142 05/24/2023 Refree for Basketball 100-1300-360-52005 210.00 John H. Salter INV0011143 05/24/2023 Scheduling Fee 100-1300-360-52005 65.00 Cloud 9 Sports, LLC JS563 05/24/2023 Adult Softball 100-1300-360-52005 530.03 Christophe Millner INV0011099 05/08/2023 Kung Fu Instruction 100-1300-365-52005 479.50 8 Expense Approval Report Payment Dates: 5/1/2023 - 5/31/2023 6/6/2023 3:07:28 PM Page 3 of 13
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Christophe Millner INV0011100 05/08/2023 Kung Fu Instruction 100-1300-370-52005 182.00 Brooke Rozhko INV0008488 09/21/2020 Refund-Cancelled Event-Moth…100-1300-375-31008 15.00 Jennifer McClurg INV0011058 04/21/2023 Reimbursment 100-1300-375-52005 252.71 City of Buellton 2023-0428 04/28/2023 Shared Recreation Expenses 100-1300-390-71010 4,702.00 Department 1300 - Parks and Recreation Total: 11,785.62 Department: 1400 - Tourism
Visit the Santa Ynez Valley INV0011103 05/12/2023 SYVTBID - March 100-1400-400-43020 -858.00 Solvang Hygge Huset LLC 1011 05/03/2023 Visitors Center 100-1400-400-59010 9,599.23 Islett Agency Inc. 1677 05/01/2023 Social Media Marketing 100-1400-400-59010 3,800.00 Frontier Communications 4056 05/11/2023 05/11/2023 Acct # 805-686-4056-091119-5 100-1400-400-59010 149.14 Visit the Santa Ynez Valley INV0011103 05/12/2023 SYVTBID - March 700-1400-400-59016 42,042.00 Visit the Santa Ynez Valley INV0011103 05/12/2023 SYVTBID - March 700-1400-400-61003 858.00 Department 1400 - Tourism Total: 55,590.37
Department: 1600 - Public Works/Engineering
Quadient Finance USA, Inc. 1265 04/16/23 04/16/2023 Postage 100-1600-300-52008 25.00 Jim's Service Center INV0011061 05/01/2023 Fuel - April 100-1600-300-52015 28.23 Jim's Service Center INV0011061 05/01/2023 Fuel - April 100-1600-300-52015 224.58 Jim's Service Center INV0011061 05/01/2023 Fuel - April 100-1600-300-52015 166.92 Jim's Service Center INV0011061 05/01/2023 Fuel - April 100-1600-300-52015 289.12 Steve's Wheel & Tire 95930 04/24/2023 New Tires for Shared Back Hoe 100-1600-300-53008 320.90 Procare Janitorial Supply, Inc 161221 04/20/2023 Supplies 100-1600-310-52003 124.20 Procare Janitorial Supply, Inc 161417 05/03/2023 Supplies 100-1600-310-52003 447.23 Procare Janitorial Supply, Inc 161424 05/03/2023 Supplies 100-1600-310-52003 466.50 Procare Janitorial Supply, Inc 161425 05/03/2023 Supplies 100-1600-310-52003 186.60 Procare Janitorial Supply, Inc 161798 05/12/2023 Supplies 100-1600-310-52003 190.56 Aramark Uniform Service 5020272920 04/26/2023 Mats & Towels 100-1600-310-52003 51.25 SiteOne Landscaping Supply, L…129144974-001 04/25/2023 Fertilizer 100-1600-310-53003 178.60 SiteOne Landscaping Supply, L…130401453-001 05/24/2023 Granite 100-1600-310-53003 377.41 SiteOne Landscaping Supply, L…130405162-001 05/24/2023 Granite 100-1600-310-53003 377.41 SiteOne Landscaping Supply, L…130415127-001 05/24/2023 Granite 100-1600-310-53003 377.41 JV Outdoor Power Equipment 18374 05/08/2023 Throttle 100-1600-310-53003 59.64 JV Outdoor Power Equipment 18375 05/10/2023 Harness 100-1600-310-53003 142.30 JV Outdoor Power Equipment 18376 05/08/2023 Filter 100-1600-310-53003 90.55 O'Reilly Automotive Stores, In… 4372-350699 05/01/2023 Coupler Lock 100-1600-310-53003 40.93 Harrison Hardware 528895 04/24/2023 Supplies 100-1600-310-53003 206.43 A-OK Power Equipment 711602 04/28/2023 Saw Chain 100-1600-310-53003 51.70 Nielsen Building Material 97443 05/04/2023 Supplies 100-1600-310-53003 118.76 Santa Ynez Valley Hardware INV0011088 04/30/2023 Monthly Billing - April 100-1600-310-53003 565.08 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-310-55001 14.50 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-310-55001 45.66 Valley Shield Termite and Pest…17346 05/05/2023 Twice A Month AG Service 100-1600-310-57057 100.00 Valley Shield Termite and Pest…17454 05/17/2023 Monthly Pest Control 100-1600-310-57057 59.00 Procare Janitorial Supply, Inc 161224 04/21/2023 Janitor Supplies 100-1600-320-52003 235.70 Procare Janitorial Supply, Inc 161415 05/03/2023 Janitorial Supplies for Solvng … 100-1600-320-52003 447.23 Procare Janitorial Supply, Inc 161420 05/03/2023 Janitorial Supplies for Solvng … 100-1600-320-52003 466.50 Procare Janitorial Supply, Inc 161421 05/03/2023 Janitorial Supplies for Solvng … 100-1600-320-52003 186.60 Procare Janitorial Supply, Inc 161796 05/12/2023 Janitorial Supplies for Solvng … 100-1600-320-52003 190.56 Procare Janitorial Supply, Inc 162098 05/24/2023 Janitorial Supplies for Solvng … 100-1600-320-52003 331.90 Nielsen Building Material 100103 05/19/2023 Tools 100-1600-320-53003 67.26 SiteOne Landscaping Supply, L…130006329-001 05/15/2023 Compost 100-1600-320-53003 86.65 SiteOne Landscaping Supply, L…130086593-001 05/17/2023 Compost Bulk 100-1600-320-53003 86.65 SiteOne Landscaping Supply, L…13065993-001 05/16/2023 Sod Knife 100-1600-320-53003 71.56 VTR Inc. dba Valley Tool Renta…31223.1.2 05/15/2023 Sod Cutter 100-1600-320-53003 208.04 Nielsen Building Material 99259 05/15/2023 Supplies 100-1600-320-53003 106.69 Nielsen Building Material 99444 05/16/2023 Tools 100-1600-320-53003 159.32 Santa Ynez Valley Hardware INV0011088 04/30/2023 Monthly Billing - April 100-1600-320-53003 10.70 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-320-55001 70.29 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-320-55001 22.18 Procare Janitorial Supply, Inc 161223 04/21/2023 Janitor Supplies 100-1600-330-52003 235.70 Procare Janitorial Supply, Inc 161794 05/12/2023 Janitor Supplies - Sunny Fields 100-1600-330-52003 190.56 9 Expense Approval Report Payment Dates: 5/1/2023 - 5/31/2023 6/6/2023 3:07:28 PM Page 4 of 13
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Aramark Uniform Service 5020272920 04/26/2023 Mats & Towels 100-1600-330-52003 51.26 SiteOne Landscaping Supply, L…123144792-001 04/25/2023 Fertilizer 100-1600-330-53003 357.19 SiteOne Landscaping Supply, L…129144792-001 04/25/2023 Fertilizer 100-1600-330-53003 357.19 SiteOne Landscaping Supply, L…129444501-001 05/02/2023 Adjustable Rotor 100-1600-330-53003 49.28 Harrison Hardware 528762 04/21/2023 Repairs & Maintenance 100-1600-330-53003 608.57 Nielsen Building Material 95210 04/21/2023 Supplies 100-1600-330-53003 160.79 Santa Ynez Valley Hardware INV0011088 04/30/2023 Monthly Billing - April 100-1600-330-53003 472.94 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-330-55001 82.29 S.Y.R.W.C.D. ID #1 0001 04/27/2023 04/27/2023 Acct # 000017040001 100-1600-330-55002 1,102.96 Valley Shield Termite and Pest…16945 04/19/2023 Weekly Pest Control 100-1600-330-57057 100.00 Valley Shield Termite and Pest…16946 04/26/2023 Weekly Pest Control 100-1600-330-57057 100.00 Valley Shield Termite and Pest…17348 05/04/2023 Weekly Pest Control 100-1600-330-57057 100.00 Valley Shield Termite and Pest…17349 05/11/2023 Weekly Pest Control 100-1600-330-57057 100.00 Valley Shield Termite and Pest…17350 05/17/2023 Weekly Pest Control 100-1600-330-57057 100.00 Mr. Backflow 32378 03/22/2023 Backflow valves and isolation … 100-1600-330-57060 6,399.00 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-340-55001 13.24 Inner Nature 15336 04/30/2023 Maintenance of Plantings in t… 100-1600-340-57029 3,500.00 Rafael Ruiz Janitor Service 2153 04/17/2023 Custodial Services 100-1600-400-57005 1,200.00 Rafael Ruiz Janitor Service 2154 04/17/2023 Custodial Services 100-1600-400-57005 1,384.00 Rafael Ruiz Janitor Service 2155 04/17/2023 Custodial Services 100-1600-400-57005 1,280.00 Rafael Ruiz Janitor Service 2156 04/24/2023 Custodial Services 100-1600-400-57005 1,200.00 Rafael Ruiz Janitor Service 2157 04/24/2023 Custodial Service 100-1600-400-57005 1,384.00 Rafael Ruiz Janitor Service 2158 04/24/2023 Custodial Services 100-1600-400-57005 1,280.00 Rafael Ruiz Janitor Service 2159 04/24/2023 Custodial Services 100-1600-400-57005 3,368.00 Rafael Ruiz Janitor Service 2160 05/01/2023 Custodial Services 100-1600-400-57005 1,200.00 Rafael Ruiz Janitor Service 2161 05/01/2023 Custodial Services 100-1600-400-57005 1,384.00 Rafael Ruiz Janitor Service 2162 05/01/2023 Janitorial Service 100-1600-400-57005 1,280.00 Rafael Ruiz Janitor Service 2163 05/08/2023 Custodial Supplies 100-1600-400-57005 1,200.00 Rafael Ruiz Janitor Service 2164 05/08/2023 Custodial Service 100-1600-400-57005 1,384.00 Rafael Ruiz Janitor Service 2165 05/08/2023 Custodial Service 100-1600-400-57005 1,280.00 Rafael Ruiz Janitor Service 2166 05/08/2023 Custodial Service 100-1600-400-57005 3,368.00 Rafael Ruiz Janitor Service 2171 05/22/2023 Custodial Service 100-1600-400-57005 1,280.00 Rafael Ruiz Janitor Service 2172 05/22/2023 Custodial Services 100-1600-400-57005 1,384.00 Rafael Ruiz Janitor Service 2173 05/22/2023 Custodial Services 100-1600-400-57005 1,200.00 Rafael Ruiz Janitor Service 2174 05/22/2023 Custodial Services 100-1600-400-57005 3,368.00 SP Maintenance Services, Inc 88434 05/01/2023 Street Sweeping and Sidewalk… 100-1600-400-57018 1,172.09 Education & Training Services,…23-4-11 04/05/2023 Education & Training Services 100-1600-600-51012 499.00 Quadient Finance USA, Inc. 1265 04/16/23 04/16/2023 Postage 100-1600-600-52008 25.00 Cole Phillips 120 04/24/2023 Engineering Intern Services 100-1600-600-57016 595.00 Cole Phillips 121 05/05/2023 Engineering Intern Services 100-1600-600-57016 739.50 A-OK Power Equipment 714016 04/25/2023 Forestry Helmet 100-1600-605-51014 96.96 DellaValle Embroidery 3024 05/19/2023 Custom Patch Hat 100-1600-605-52003 49.00 Quadient Finance USA, Inc. 1265 04/16/23 04/16/2023 Postage 100-1600-605-52008 25.00 Nargan Fire Safety 31018 04/30/2023 Fire Extinguisher Annual Servi… 100-1600-605-53003 39.00 Hidden Wings INV0011037 04/17/2023 Parks & Rec Refund 100-1600-610-32004 172.50 Procare Janitorial Supply, Inc 161219 04/21/2023 Janitorial Supplies for the Vets…100-1600-610-52003 273.85 Procare Janitorial Supply, Inc 161220 04/21/2023 Janitorial Supplies for the Vets…100-1600-610-52003 248.41 Procare Janitorial Supply, Inc 161426 05/03/2023 Janitorial Supplies for the Vets…100-1600-610-52003 92.68 Procare Janitorial Supply, Inc 161797 05/12/2023 Janitorial Supplies for the Vets…100-1600-610-52003 190.56 Procare Janitorial Supply, Inc 162101 05/24/2023 Janitorial Supplies for the Vets…100-1600-610-52003 299.89 Aramark Uniform Service 5020272920 04/26/2023 Mats & Towels 100-1600-610-52003 51.25 Nargan Fire Safety 31020 04/30/2023 Fire Extinguisher Annual Servi… 100-1600-610-53003 63.00 Southern California Gas Comp… 2500 05/22/2023 05/22/2023 Acct # 194 215 2500 7 100-1600-610-55001 152.44 Southern California Gas Comp… 2500 4/21/2023 04/21/2023 Acct # 194 215 2500 7 100-1600-610-55001 351.48 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-610-55001 394.14 Comcast 8155 05/05/2023 05/05/2023 Acct # 8155 70 005 0228155 100-1600-610-55001 212.57 Valley Shield Termite and Pest…15770 01/11/2023 Twice a Month AG Service 100-1600-610-57057 100.00 Valley Shield Termite and Pest…17352 05/17/2023 Twich a Month AG Service 100-1600-610-57057 100.00 Valley Shield Termite and Pest…17353 05/05/2023 Twice a Month AG Servie 100-1600-610-57057 100.00 Valley Shield Termite and Pest…17469 05/17/2023 Monthly Pest Control 100-1600-610-57057 100.00 10 Expense Approval Report Payment Dates: 5/1/2023 - 5/31/2023 6/6/2023 3:07:28 PM Page 5 of 13
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Aramark Uniform Service 5020272920 04/26/2023 Mats & Towels 100-1600-620-52003 51.25 Clean Machine Laundromat 0025-37 04/28/2023 Cleaning 100-1600-620-53003 74.00 Ferguson Enterprises, Inc 0580929 05/05/2023 Restroom Supplies 100-1600-620-53003 664.88 Valley Shield Termite and Pest…17049 04/28/2023 Rodent Control Monthly 100-1600-620-53003 75.00 Valley Shield Termite and Pest…17646 05/10/2023 Bee Service 100-1600-620-53003 300.00 Nargan Fire Safety 31015 04/30/2023 Fire Extinguisher Service 100-1600-620-53003 35.00 Nielsen Building Material 98748 05/11/2023 Supplies 100-1600-620-53003 80.65 Santa Ynez Valley Hardware INV0011088 04/30/2023 Monthly Billing - April 100-1600-620-53003 72.83 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-620-55001 551.63 Southern California Gas Comp… 9500 05/18/2023 05/18/2023 Acct # 098 214 9500 0 100-1600-620-55001 144.69 Southern California Gas Comp… 9500 4/19/2023 04/19/2023 Acct # 098 214 9500 0 100-1600-620-55001 501.82 Procare Janitorial Supply, Inc 161222 04/21/2023 Janitorial Supplies for the Ann… 100-1600-630-52003 124.20 Aramark Uniform Service 5020272920 04/26/2023 Mats & Towels 100-1600-630-52003 51.25 Valley Shield Termite and Pest…16940 04/28/2023 Monthly Pest Control 100-1600-630-53003 75.00 Nargan Fire Safety 31016 04/30/2023 Fire Extinguisher Annual Servi… 100-1600-630-53003 63.00 Nargan Fire Safety 31017 04/30/2023 Fire Extinguisher Service 100-1600-630-53003 35.00 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-630-55001 321.41 Southern California Gas Comp… 9410 05/18/2023 05/18/2023 Acct # 188 514 9410 6 100-1600-630-55001 110.88 Southern California Gas Comp… 9410 4/19/2023 04/19/2023 Acct #188 514 9410 6 100-1600-630-55001 290.93 Nargan Fire Safety 31013 04/30/2023 Fire Extinguisher Service 100-1600-650-53003 30.00 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-650-55001 117.78 Procare Janitorial Supply, Inc 161414 05/03/2023 Janitorial Supplies for the Rest…100-1600-670-52003 447.23 Procare Janitorial Supply, Inc 161418 05/03/2023 Janitorial Supplies for the Rest…100-1600-670-52003 466.50 Procare Janitorial Supply, Inc 161419 05/03/2023 Janitorial Supplies for the Rest…100-1600-670-52003 186.60 Procare Janitorial Supply, Inc 161795 05/12/2023 Janitorial Supplies for the Rest…100-1600-670-52003 190.56 Procare Janitorial Supply, Inc 162097 05/24/2023 Janitorial Supplies for the Rest…100-1600-670-52003 358.28 Aramark Uniform Service 5020272899 04/26/2023 Supplies - RR#1 100-1600-670-52003 261.88 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-670-55001 618.64 Procare Janitorial Supply, Inc 161225 04/21/2023 Janitor Supplies 100-1600-680-52003 25.43 Procare Janitorial Supply, Inc 161416 05/03/2023 Janitor Supplies 100-1600-680-52003 447.23 Procare Janitorial Supply, Inc 161422 05/03/2023 Janitor Supplies 100-1600-680-52003 466.50 Procare Janitorial Supply, Inc 161423 05/03/2023 Janitor Supplies 100-1600-680-52003 186.60 Procare Janitorial Supply, Inc 161793 05/12/2023 Janitor Supplies 100-1600-680-52003 190.56 Procare Janitorial Supply, Inc 162099 05/24/2023 Janitor Supplies 100-1600-680-52003 235.70 Aramark Uniform Service 5020272907 04/26/2023 Supplies - RR#3 100-1600-680-52003 330.23 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-680-55001 665.25 DellaValle Embroidery 3024 05/19/2023 Custom Patch Hat 100-1600-690-52003 70.00 Quinn Company G3824401 04/27/2023 Fork for Backhoe 100-1600-690-52009 749.02 Jim's Service Center INV0011061 05/01/2023 Fuel - April 100-1600-690-52015 97.91 Jim's Service Center INV0011061 05/01/2023 Fuel - April 100-1600-690-52015 28.23 Jim's Service Center INV0011061 05/01/2023 Fuel - April 100-1600-690-52015 69.25 Jim's Service Center INV0011061 05/01/2023 Fuel - April 100-1600-690-52015 167.54 Statewide Traffic Safety and Si…03022240 04/26/2023 Repairs & Maintenance 100-1600-690-53003 1,400.00 MNS Engineers, Inc. 83033 05/09/2023 MNS Engineers Emergency Co… 100-1600-690-53003 39,888.00 California Concrete Grinding, … SOL-0423-01 04/17/2023 Concrete Grinding 100-1600-690-53003 53.73 California Concrete Grinding, … SOL-0523-01 05/08/2023 Concrete Grinding 100-1600-690-53003 195.65 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-690-53007 13.94 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-690-53007 10.12 Steve's Wheel & Tire 95930 04/24/2023 New Tires for Shared Back Hoe 100-1600-690-53008 962.68 Pacific Gas & Electric Company 5526 05/16/2023 05/16/2023 Acct # 3982645526 100-1600-690-55006 2,570.64 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-690-55006 43.95 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 100-1600-690-55006 35.78 California Concrete Grinding, … SOL-0423-01 04/17/2023 Concrete Grinding 100-1600-690-57019 358.22 California Concrete Grinding, … SOL-0523-01 05/08/2023 Concrete Grinding 100-1600-690-57019 1,304.35 DellaValle Embroidery 3024 05/19/2023 Custom Patch Hat 100-1600-700-52003 14.00 Home Depot Credit Services 2032895 04/20/2023 Trimmer 100-1600-700-52009 357.79 Home Depot Credit Services 2032896 04/20/2023 Voltage Tester 100-1600-700-52012 167.36 Santa Ynez Valley Hardware INV0011088 04/30/2023 Monthly Billing - April 100-1600-700-52012 125.66 Pacific Gas & Electric Company 5526 05/16/2023 05/16/2023 Acct # 3982645526 100-1600-710-55001 2,570.65 DellaValle Embroidery 3024 05/19/2023 Custom Patch Hat 100-1600-720-52003 7.00 11 Expense Approval Report Payment Dates: 5/1/2023 - 5/31/2023 6/6/2023 3:07:28 PM Page 6 of 13
Vendor Name Payable Number Post Date Description (Item) Account Number Amount MNS Engineers, Inc. 83026 05/08/2023 Professional Services for SW… 100-1600-720-57016 6,768.50 SP Maintenance Services, Inc 88434 05/01/2023 Street Sweeping and Sidewalk… 100-1600-720-57022 1,875.35 Underground Service Alert of … 22-2303965 05/01/2023 Regulatory Costs 100-1600-720-57028 12.00 Underground Service Alert of … 420230716 05/01/2023 Ticket Charges 100-1600-720-57028 55.28 DKS Associates 0085292 04/24/2023 Active Trnsportation Plan 300-1600-600-70105 7,721.00 Cal-Coast Machinery Inc. 828592 05/11/2023 Sunny Fields Mower 300-1600-600-70105 27,879.42 Dave Bang Associates, Inc CA53723 04/21/2023 Picnic Tables 300-1600-600-70105 1,934.15 Department 1600 - Public Works/Engineering Total: 164,078.15 Department: 3500 - Solvang Mesa LLD
Nielsen Building Material 100696 05/23/2023 Tools 205-3500-804-53003 53.24 Pacific Gas & Electric Company 5240 05/15/2023 05/15/2023 Acct # 0053695240-1 205-3500-804-55001 427.62 Department 3500 - Solvang Mesa LLD Total: 480.86
Department: 5000 - Transit
Roadrunner Management Serv…6783 05/01/2023 Farebox Collections 502-5000-850-35021 -4,855.69 Roadrunner Management Serv…6784 05/01/2023 Fuel Reimbursement - April 502-5000-850-52015 8,502.80 Roadrunner Management Serv…6783 05/01/2023 Internet Upgrade 502-5000-850-55003 105.00 City of Lompoc Finance Dept. 11653 05/03/2023 Transit Services 502-5000-850-56003 1,666.66 Roadrunner Management Serv…6783 05/01/2023 Roadrunner Annual Contract 502-5000-850-56010 58,608.85 Moore & Associates, Inc. 23.4959 05/03/2023 SYVT Marketing 502-5000-850-57001 4,066.00 Moore & Associates, Inc. 23.4959c 05/03/2023 SYVT Marketing 502-5000-850-57001 6,973.01 Julia Tipolt Insurance & Financ…INV0011050 05/02/2023 May Transit Rent 502-5000-850-57011 2,797.13 Julia Tipolt Insurance & Financ…INV0011102 05/22/2023 June Rent for Transit 502-5000-850-57011 2,797.13 Hamner, Jewell & Associates 202616 05/09/2023 Profesional Real Estate Assist… 502-5000-850-57016 2,096.00 Moore & Associates, Inc. 23.4960 05/03/2023 SYVT Profesional Services 502-5000-850-57016 2,063.55 Department 5000 - Transit Total: 84,820.44
Department: 5100 - Water
Advantage Group, The 156597 04/30/2023 Admin Flex Fee - April 500-5100-105-51005 13.55 Advantage Group, The INV0011146 05/31/2023 Retirement Health 500-5100-105-51005 496.58 Jose Acosta INV0011083 05/03/2023 Water Treatment Certification…500-5100-501-51012 105.00 ReadyRefresh by Nestle 03D6702214026 04/28/2023 Supplies - Water 500-5100-501-52003 24.74 Harrison Hardware 528468 04/17/2023 Supplies 500-5100-501-52003 4.74 USA Blue Book INV00010930 05/12/2023 new Hydrant Meter 500-5100-501-52003 2,311.94 Infosend, Inc 233222 03/31/2023 Utility Billing and Printing 500-5100-501-52004 1,164.82 Quadient Finance USA, Inc. 1265 04/16/23 04/16/2023 Postage 500-5100-501-52008 62.50 Quinn Company G3824401 04/27/2023 Fork for Backhoe 500-5100-501-52009 749.01 Jim's Service Center INV0011061 05/01/2023 Fuel - April 500-5100-501-52015 28.23 Jim's Service Center INV0011061 05/01/2023 Fuel - April 500-5100-501-52015 130.05 Jim's Service Center INV0011061 05/01/2023 Fuel - April 500-5100-501-52015 130.13 Jim's Service Center INV0011061 05/01/2023 Fuel - April 500-5100-501-52015 250.49 Jim's Service Center INV0011061 05/01/2023 Fuel - April 500-5100-501-52015 255.68 Jim's Service Center INV0011061 05/01/2023 Fuel - April 500-5100-501-52015 187.55 Buellflat Rock Co, Inc 106401 04/27/2023 Concrete Sand 500-5100-501-53003 67.16 SiteOne Landscaping Supply, L…128879765-001 04/19/2023 Repairs & Maintenance 500-5100-501-53003 390.00 Nargan Fire Safety 31019 04/30/2023 Fire Extinguisher Service 500-5100-501-53003 166.15 A-OK Power Equipment 714741 05/11/2023 Saw Chain 500-5100-501-53003 146.46 Ramsey Asphalt Construction … 9246 04/27/2023 Hot Patch Work 500-5100-501-53003 1,200.00 Ramsey Asphalt Construction … 9347 05/22/2023 Hot patch work 500-5100-501-53003 2,000.00 CalPortland Construction 95855041 04/07/2023 Sand 500-5100-501-53003 560.70 CalPortland Construction 95881314 05/01/2023 Sand 500-5100-501-53003 1,135.36 Nielsen Building Material 98706 05/11/2023 Concrete 500-5100-501-53003 97.76 USA Blue Book INV00000203 05/01/2023 Repairs & Maintenance 500-5100-501-53003 312.91 USA Blue Book INV00010806 05/12/2023 Tools 500-5100-501-53003 503.82 Santa Ynez Valley Hardware INV0011088 04/30/2023 Monthly Billing - April 500-5100-501-53003 126.07 Santa Ynez Valley Hardware INV0011088 04/30/2023 Monthly Billing - April 500-5100-501-53003 41.84 Santa Maria Famcon Pipe & S… S100102317.001 05/16/2023 Repair parts 500-5100-501-53003 280.15 O'Reilly Automotive Stores, In… 4372-346734 04/13/2023 Battery 500-5100-501-53008 163.36 Steve's Wheel & Tire 95930 04/24/2023 New Tires for Shared Back Hoe 500-5100-501-53008 962.69 Pacific Gas & Electric Company 0769 05/12/2023 05/12/2023 Acct # 4922450769-6 500-5100-501-55005 166.92 Pacific Gas & Electric Company 4776 05/18/2023 05/18/2023 Acct # 8496674776-2 500-5100-501-55005 174.82 12 Expense Approval Report Payment Dates: 5/1/2023 - 5/31/2023 6/6/2023 3:07:28 PM Page 7 of 13
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 500-5100-501-55005 720.91 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 500-5100-501-55005 10.09 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 500-5100-501-55005 746.51 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 500-5100-501-55005 938.09 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 500-5100-501-55005 987.66 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 500-5100-501-55005 15.60 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 500-5100-501-55005 12.04 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 500-5100-501-55005 631.16 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 500-5100-501-55005 14.13 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 500-5100-501-55005 43.66 S.Y.R.W.C.D. ID #1 5001 04/30/2023 04/30/2023 Acct # 000017005001 500-5100-501-55010 2,828.19 S.Y.R.W.C.D. ID #1 7501 04/30/2023 04/30/2023 Acct # 000017037501 500-5100-501-55010 1,767.62 FGL Environmental, Inc. 215238A 11/30/2022 HCA Middle Well 500-5100-501-57010 2,924.00 FGL Environmental, Inc. 219883A 01/27/2023 Raw Source Monitoring 500-5100-501-57010 69.00 FGL Environmental, Inc. 220299A 01/31/2023 Zone 2b Water Monitoring 500-5100-501-57010 16.00 FGL Environmental, Inc. 220300A 01/31/2023 Routine Bacteria Monitoring 500-5100-501-57010 106.00 FGL Environmental, Inc. 220302A 01/18/2023 Routine Bacteria Monitoring 500-5100-501-57010 25.00 FGL Environmental, Inc. 220530A 01/16/2023 Zone 3 Water Monitoring 500-5100-501-57010 16.00 FGL Environmental, Inc. 220531C 01/19/2023 Routine Bacteria Monitoring 500-5100-501-57010 106.00 FGL Environmental, Inc. 300128A 01/26/2023 Zone 2b Water Monitoring 500-5100-501-57010 54.00 FGL Environmental, Inc. 300142A 01/26/2023 Routine Bacteria Monitoring 500-5100-501-57010 106.00 FGL Environmental, Inc. 300432A 01/26/2023 Routine Bacteria Monitoring 500-5100-501-57010 106.00 FGL Environmental, Inc. 300440A 01/26/2023 Zone 3 Water Monitoring 500-5100-501-57010 16.00 FGL Environmental, Inc. 302963A 04/18/2023 Iron & Turbidity Monitoring 500-5100-501-57010 418.00 FGL Environmental, Inc. 302964A 04/04/2023 HCA Water Quality 500-5100-501-57010 460.00 FGL Environmental, Inc. 303834A 04/07/2023 Water Monitoring 500-5100-501-57010 16.00 FGL Environmental, Inc. 304228A 04/10/2023 Water Monitoring 500-5100-501-57010 16.00 FGL Environmental, Inc. 304229A 04/10/2023 Bacteria Monitoring 500-5100-501-57010 106.00 FGL Environmental, Inc. 304532A 04/12/2023 Bacteria Monitoring 500-5100-501-57010 106.00 FGL Environmental, Inc. 304533A 04/12/2023 Water Monitoring 500-5100-501-57010 54.00 FGL Environmental, Inc. 304930A 04/19/2023 Raw Source Monitoring 500-5100-501-57010 47.00 FGL Environmental, Inc. 304944A 04/19/2023 Bacteria Monitoring 500-5100-501-57010 106.00 FGL Environmental, Inc. 304945A 04/19/2023 Water Monitoring 500-5100-501-57010 16.00 FGL Environmental, Inc. 305448A 04/27/2023 Bacteria Monitoring 500-5100-501-57010 106.00 FGL Environmental, Inc. 305449A 04/27/2023 Water Monitoring 500-5100-501-57010 16.00 FGL Environmental, Inc. 305451A 04/27/2023 Raw Source Monitoring 500-5100-501-57010 91.00 FGL Environmental, Inc. 305452A 04/26/2023 Water Quality 500-5100-501-57010 54.00 Robertson-Bryan, Inc. 15530 04/30/2023 Settlement Review 500-5100-501-57012 876.00 Underground Service Alert of … 22-2303965 05/01/2023 Regulatory Costs 500-5100-501-57028 12.00 Underground Service Alert of … 420230716 05/01/2023 Ticket Charges 500-5100-501-57028 55.28 Tyler Technologies, Inc 025-420621 06/01/2023 Utility Billing 500-5100-501-57064 20.00 Tyler Technologies, Inc 025-424993 06/01/2023 Utility Billing 500-5100-501-57064 20.00 Comcast 0775 04/15/2023 04/15/2023 Acct#939750775 500-5100-501-57064 47.88 Frontier Communications 1452 04/20/2023 04/20/2023 Acct # 805 686 1425 042023 5 500-5100-501-57064 176.52 ZWorld GIS 2023-0280 05/01/2023 Annual GIS Services 500-5100-501-57064 203.54 Frontier Communications 5575 05/13/2023 05/13/2023 Acc# 805-688-5575-062171-5 500-5100-501-57064 8.90 Lanspeed 56178 05/01/2023 Monthly Billing May 500-5100-501-57064 465.05 Lanspeed 56179 05/01/2023 Monthly Barracuda 500-5100-501-57064 19.41 Comcast 5898 04/28/2023 04/28/2023 Acct# 8155 70 005 0125898 500-5100-501-57064 10.57 Verizon Wireless Services, LLC 9932903636 04/19/2023 Acct #617131340-00001 500-5100-501-57064 298.89 Verizon Wireless Services, LLC 9935283493 05/19/2023 April Phone Service 500-5100-501-57064 324.10 Brightly Software, Inc. INV-203905 03/16/2023 Anual Subscription 4/1/2023-… 500-5100-501-57064 3,128.02 Nviro 2850 05/10/2023 SCADA Engineer 500-5100-501-70851 247.50 GSI Water Solutions, Inc. 00662.003-7 05/05/2023 River Wells Project 500-5100-501-70852 5,417.50 Janice Zigler INV0011044 04/26/2023 Landscape Rebate 500-5100-501-70938 2,000.00 Viking Inn LLC INV0011082 05/09/2023 Landscape Rebate Program 500-5100-501-70938 2,000.00 John S. Maier INV0011084 05/09/2023 Landscape Rebate Program 500-5100-501-70938 2,000.00 Sunbeam Solar Technologies, … JC1611x9Apr 04/30/2023 Fredensborg Canyon Waterlin… 803-5100-501-70105 1,421.20 Department 5100 - Water Total: 47,035.20
13 Expense Approval Report Payment Dates: 5/1/2023 - 5/31/2023 6/6/2023 3:07:28 PM Page 8 of 13
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Department: 5200 - Sanitary Sewer
Advantage Group, The 156597 04/30/2023 Admin Flex Fee - April 501-5200-105-51005 13.42 Advantage Group, The INV0011146 05/31/2023 Retirement Health 501-5200-105-51005 496.58 Education & Training Services,…23-4-11 04/05/2023 Education & Training Services 501-5200-502-51012 149.70 Infosend, Inc 233222 03/31/2023 Utility Billing and Printing 501-5200-502-52004 1,164.81 Grainger 9666506838 04/06/2023 Turbo Nozzle 501-5200-502-52009 229.88 Quinn Company G3824401 04/27/2023 Fork for Backhoe 501-5200-502-52009 749.01 Jim's Service Center INV0011061 05/01/2023 Fuel - April 501-5200-502-52015 89.13 Jim's Service Center INV0011061 05/01/2023 Fuel - April 501-5200-502-52015 115.27 Jim's Service Center INV0011061 05/01/2023 Fuel - April 501-5200-502-52015 14.11 Jim's Service Center INV0011061 05/01/2023 Fuel - April 501-5200-502-52015 131.92 Staples Advantage 3536210016 04/22/2023 Office Supplies 501-5200-502-53003 123.09 Advanced Automotive Solutio… 35916 04/26/2023 Oil Change 501-5200-502-53008 53.54 Steve's Wheel & Tire 95930 04/24/2023 Repairs & Maintenance 501-5200-502-53008 0.04 Steve's Wheel & Tire 95930 04/24/2023 New Tires for Shared Back Hoe 501-5200-502-53008 481.34 Santa Ynez Valley Hardware INV0011088 04/30/2023 Monthly Billing - April 501-5200-502-53008 10.34 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 501-5200-502-55001 263.72 Underground Service Alert of … 22-2303965 05/01/2023 Regulatory Costs 501-5200-502-57028 12.36 Underground Service Alert of … 420230716 05/01/2023 Ticket Charges 501-5200-502-57028 56.94 Tyler Technologies, Inc 025-420621 06/01/2023 Utility Billing 501-5200-502-57064 20.00 Tyler Technologies, Inc 025-424993 06/01/2023 Utility Billing 501-5200-502-57064 20.00 Comcast 0775 04/15/2023 04/15/2023 Acct#939750775 501-5200-502-57064 18.13 ZWorld GIS 2023-0280 05/01/2023 Annual GIS Services 501-5200-502-57064 77.08 Frontier Communications 5575 05/13/2023 05/13/2023 Acc# 805-688-5575-062171-5 501-5200-502-57064 3.37 Lanspeed 56178 05/01/2023 Monthly Billing May 501-5200-502-57064 176.12 Lanspeed 56179 05/01/2023 Monthly Barracuda 501-5200-502-57064 7.35 Comcast 5898 04/28/2023 04/28/2023 Acct# 8155 70 005 0125898 501-5200-502-57064 4.00 Frontier Communications 7459 04/25/2023 04/25/2023 Acct # 805 688 7459 060995 5 501-5200-502-57064 100.56 Verizon Wireless Services, LLC 9932903636 04/19/2023 Acct #617131340-00001 501-5200-502-57064 86.98 Verizon Wireless Services, LLC 9935283493 05/19/2023 April Phone Service 501-5200-502-57064 85.07 Brightly Software, Inc. INV-203905 03/16/2023 Anual Subscription 4/1/2023-… 501-5200-502-57064 1,184.61 Department 5200 - Sanitary Sewer Total: 5,938.47
Department: 5300 - WasteWater
Advantage Group, The 156597 04/30/2023 Admin Flex Fee - April 501-5300-105-51005 13.63 Advantage Group, The INV0011146 05/31/2023 Retirement Health 501-5300-105-51005 497.36 Education & Training Services,…23-4-11 04/05/2023 Education & Training Services 501-5300-503-51012 349.30 Hach Company 13592154 05/22/2023 50 Tests 501-5300-503-52003 604.60 ReadyRefresh by Nestle 23D0018038034 04/28/2023 Water - WWTP 501-5300-503-52003 303.62 Quadient Finance USA, Inc. 1265 04/16/23 04/16/2023 Postage 501-5300-503-52008 62.50 Quinn Company G3824401 04/27/2023 Fork for Backhoe 501-5300-503-52009 749.01 Santa Ynez Valley Hardware INV0011088 04/30/2023 Monthly Billing - April 501-5300-503-52009 154.33 Jim's Service Center INV0011061 05/01/2023 Fuel - April 501-5300-503-52015 131.92 Jim's Service Center INV0011061 05/01/2023 Fuel - April 501-5300-503-52015 215.16 Jim's Service Center INV0011061 05/01/2023 Fuel - April 501-5300-503-52015 14.11 Jim's Service Center INV0011061 05/01/2023 Fuel - April 501-5300-503-52015 89.13 Nviro 2849 05/10/2023 Flow Data Calculations 501-5300-503-53003 200.00 Nviro 2863 05/23/2023 WWTP Flow Data 501-5300-503-53003 2,050.00 Nargan Fire Safety 31014 04/30/2023 Fire Extinguisher Service 501-5300-503-53003 194.20 EnviroMix, Inc. 6135.05 03/29/2023 Valve Control Panels 501-5300-503-53003 525.00 Advanced Automotive Solutio… 35916 04/26/2023 Oil Change 501-5300-503-53008 53.54 O'Reilly Automotive Stores, In… 4372-346680 04/13/2023 Air Filter 501-5300-503-53008 91.63 O'Reilly Automotive Stores, In… 4372-354489 05/19/2023 Wiper Fluid 501-5300-503-53008 21.77 Steve's Wheel & Tire 95930 04/24/2023 New Tires for Shared Back Hoe 501-5300-503-53008 481.34 Santa Ynez Valley Hardware INV0011088 04/30/2023 Monthly Billing - April 501-5300-503-53008 4.43 Staples Advantage 3538039563 05/12/2023 Supplies 501-5300-503-53010 137.44 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 501-5300-503-55001 2,253.02 Pacific Gas & Electric Company 7582 04/28/2023 04/28/2023 Acct# 0408007582-5 501-5300-503-55001 14,014.60 Oilfield Environmental & Com… 2302430 04/20/2023 Blanket PO WWTP Lab Fees 501-5300-503-57010 346.00 Oilfield Environmental & Com… 2302654 05/03/2023 Blanket PO WWTP Lab Fees 501-5300-503-57010 600.00 Oilfield Environmental & Com… 2302658 04/20/2023 Blanket PO WWTP Lab Fees 501-5300-503-57010 94.00 14 Expense Approval Report Payment Dates: 5/1/2023 - 5/31/2023 6/6/2023 3:07:28 PM Page 9 of 13
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Oilfield Environmental & Com… 2302837 05/11/2023 Blanket PO WWTP Lab Fees 501-5300-503-57010 346.00 Oilfield Environmental & Com… 2303222 05/11/2023 Blanket PO WWTP Lab Fees 501-5300-503-57010 346.00 Engel & Gray 34G00006 04/16/2023 Blanket PO for Sludge Disposal 501-5300-503-57020 748.33 Engel & Gray 34N00005 04/23/2023 Blanket PO for Sludge Disposal 501-5300-503-57020 774.91 Engel & Gray 34X00016 04/30/2023 Blanket PO for Sludge Disposal 501-5300-503-57020 752.66 Engel & Gray 35700007 05/07/2023 Blanket PO for Sludge Disposal 501-5300-503-57020 772.61 Engel & Gray 35E00006 05/14/2023 Blanket PO for Sludge Disposal 501-5300-503-57020 1,445.87 Comcast 0775 04/15/2023 04/15/2023 Acct#939750775 501-5300-503-57064 39.50 Kiza, Inc. 1235 05/06/2023 Monthly Service Plan May 501-5300-503-57064 300.00 ZWorld GIS 2023-0280 05/01/2023 Annual GIS Services 501-5300-503-57064 167.92 Frontier Communications 2900 04/28/2023 04/28/2023 Acct # 805 688 2900 114081 5 501-5300-503-57064 100.18 Frontier Communications 5575 05/13/2023 05/13/2023 Acc# 805-688-5575-062171-5 501-5300-503-57064 7.34 Lanspeed 56178 05/01/2023 Monthly Billing May 501-5300-503-57064 383.66 Lanspeed 56179 05/01/2023 Monthly Barracuda 501-5300-503-57064 16.02 Comcast 5898 04/28/2023 04/28/2023 Acct# 8155 70 005 0125898 501-5300-503-57064 8.72 Frontier Communications 6997 04/19/2023 04/19/2023 Acct # 805-688-6997-072877-5 501-5300-503-57064 359.24 Verizon Wireless Services, LLC 9932903636 04/19/2023 Acct #617131340-00001 501-5300-503-57064 108.48 Verizon Wireless Services, LLC 9935283493 05/19/2023 April Phone Service 501-5300-503-57064 107.09 Brightly Software, Inc. INV-203905 03/16/2023 Anual Subscription 4/1/2023-… 501-5300-503-57064 2,580.54 Carollo Engineers, Inc FB34048 03/08/2023 WWTP Upgrades Grant Writing 804-5300-503-70105 26,438.10 Department 5300 - WasteWater Total: 60,054.81
Grand Total: 2,759,312.13
15 Expense Approval Report Payment Dates: 5/1/2023 - 5/31/2023 6/6/2023 3:07:28 PM Page 10 of 13
Report Summary
Fund Summary
Fund Payment Amount
100 - GENERAL FUND 449,655.30
205 - SKYTT MESA LLMD 480.86
300 - CAPITAL PROJECTS FUND 37,534.57
500 - WATER FUND 2,076,506.48
501 - WASTEWATER FUND 39,555.18
502 - TRANSIT FUND 84,820.44
700 - SYV - TOURISM BUS IMP DIST 42,900.00
803 - WATER CAPITAL PROJECTS 1,421.20
804 - WWTP CAPITAL PROJECTS 26,438.10
Grand Total: 2,759,312.13
Account Summary
Account Number Account Name Payment Amount
100-1000-100-57016 Professional Services 467.50
100-1000-100-58001 City Hospitality 27.90
100-1000-100-63002 Audio/Video System R/M 4,080.00
100-1000-130-56006 Law Enforcement Contra… 193,009.00
100-1100-105-51005 Retiree Medical/Dental/L… 6,464.29
100-1100-120-43021 Accts Payable Discounts -40.90
100-1100-120-51006 Unemployment Insurance 5,400.00
100-1100-120-51012 Education 499.00
100-1100-120-52003 Supplies 451.56
100-1100-120-52008 Postage 200.00
100-1100-120-53010 Computer/Desktop Equi… 50.07
100-1100-120-57015 Printing and Publishing 177.09
100-1100-120-57016 Professional Services 802.51
100-1100-120-57025 Studies/Sales Tax 150.00
100-1100-120-57052 Temporary Agency Servi… 6,740.55
100-1100-120-60006 EOC Phone 42.75
100-1100-121-57064 IT Expenses 39,091.93
100-1200-200-51012 Education 590.15
100-1200-200-52003 Supplies 119.71
100-1200-200-52008 Postage 25.00
100-1200-200-57015 Printing and Publishing 456.71
100-1200-200-57016 Professional Services 13,117.50
100-1200-201-57063 Code Enforcement 2,405.00
100-1200-210-52008 Postage 25.00
100-1200-210-57016 Professional Services 14,244.52
100-1300-310-31007 Park Reservation Fee 200.00
100-1300-310-57057 Pest Management 100.00
100-1300-350-51012 Education 499.00
100-1300-350-52003 Supplies 57.50
100-1300-350-52008 Postage 50.00
100-1300-350-53008 Vehicle Repairs & Maint. 1,304.69
100-1300-350-57001 P&R Marketing and Adve… 420.00
100-1300-350-57016 Professional Services 1,768.19
100-1300-360-31008 Recreation Fees 250.00
100-1300-360-52005 Recreation Programs 1,505.03
100-1300-365-52005 Recreation Programs 479.50
100-1300-370-52005 Recreation Programs 182.00
100-1300-375-31008 Recreation Fees 15.00
100-1300-375-52005 Recreation Programs 252.71
100-1300-390-71010 Buellton - Reimburseme… 4,702.00
100-1400-400-43020 TBID - Admin. Reimburs… -858.00
100-1400-400-59010 Tourism/Marketing Exp… 13,548.37
100-16002 REIMBURSEABLE A/P PA… 3,411.41
100-1600-300-52008 Postage 25.00
16 Expense Approval Report Payment Dates: 5/1/2023 - 5/31/2023 6/6/2023 3:07:28 PM Page 11 of 13
Account Summary
Account Number Account Name Payment Amount
100-1600-300-52015 Vehicle Fuel 708.85
100-1600-300-53008 Vehicle Repairs & Maint. 320.90
100-1600-310-52003 Supplies 1,466.34
100-1600-310-53003 Repairs and Maintenance 2,586.22
100-1600-310-55001 Utilities 60.16
100-1600-310-57057 Pest Management 159.00
100-1600-320-52003 Supplies 1,858.49
100-1600-320-53003 Repairs and Maintenance 796.87
100-1600-320-55001 Utilities 92.47
100-1600-330-52003 Supplies 477.52
100-1600-330-53003 Repairs and Maintenance 2,005.96
100-1600-330-55001 Utilities 82.29
100-1600-330-55002 Water and Sewer Charges 1,102.96
100-1600-330-57057 Pest Management 500.00
100-1600-330-57060 Turf Repair 6,399.00
100-1600-340-55001 Utilities 13.24
100-1600-340-57029 Village Planter Maint. 3,500.00
100-1600-400-57005 Custodial-Restrooms 29,424.00
100-1600-400-57018 Sidewalk Cleaning 1,172.09
100-1600-600-51012 Education 499.00
100-1600-600-52008 Postage 25.00
100-1600-600-57016 Professional Services 1,334.50
100-1600-605-51014 Safety Gear 96.96
100-1600-605-52003 Supplies 49.00
100-1600-605-52008 Postage 25.00
100-1600-605-53003 Repairs and Maintenance 39.00
100-1600-610-32004 Veteran's Bldg Rental 172.50
100-1600-610-52003 Supplies 1,156.64
100-1600-610-53003 Repairs and Maintenance 63.00
100-1600-610-55001 Utilities 1,110.63
100-1600-610-57057 Pest Management 400.00
100-1600-620-52003 Supplies 51.25
100-1600-620-53003 Repairs and Maintenance 1,302.36
100-1600-620-55001 Utilities 1,198.14
100-1600-630-52003 Supplies 175.45
100-1600-630-53003 Repairs and Maintenance 173.00
100-1600-630-55001 Utilities 723.22
100-1600-650-53003 Repairs and Maintenance 30.00
100-1600-650-55001 Utilities 117.78
100-1600-670-52003 Supplies 1,911.05
100-1600-670-55001 Utilities 618.64
100-1600-680-52003 Supplies 1,882.25
100-1600-680-55001 Utilities 665.25
100-1600-690-52003 Supplies 70.00
100-1600-690-52009 Small Equipment 749.02
100-1600-690-52015 Vehicle Fuel 362.93
100-1600-690-53003 Repairs and Maintenance 41,537.38
100-1600-690-53007 Highway Entrance Signs 24.06
100-1600-690-53008 Vehicle Repairs & Maint. 962.68
100-1600-690-55006 Street Light Power 2,650.37
100-1600-690-57019 Sidewalk Grinding 1,662.57
100-1600-700-52003 Supplies 14.00
100-1600-700-52009 Small Equipment 357.79
100-1600-700-52012 Tree Lights 293.02
100-1600-710-55001 Utilities 2,570.65
100-1600-720-52003 Supplies 7.00
100-1600-720-57016 Professional Services - … 6,768.50
100-1600-720-57022 Street Sweeping 1,875.35
17 Expense Approval Report Payment Dates: 5/1/2023 - 5/31/2023 6/6/2023 3:07:28 PM Page 12 of 13
Account Summary
Account Number Account Name Payment Amount
100-1600-720-57028 Underground Alert 67.28
100-20017 Due to A/R Customers 1,289.56
100-20036 Due to A/R Customer-Civ… 50.00
100-20037 Business Card Payable 5,102.92
100-23005 Alcohol/Liability Deposit 185.00
205-3500-804-53003 Repairs and Maintenance 53.24
205-3500-804-55001 Utilities 427.62
300-1600-600-70105 Projects -GEN FUND 37,534.57
500-16003 Prepaid Expenditures 2,030,892.48
500-5100-105-51005 Retiree Medical/Dental/L… 510.13
500-5100-501-51012 Education 105.00
500-5100-501-52003 Supplies 2,341.42
500-5100-501-52004 Utility Bill Printing/Suppl… 1,164.82 500-5100-501-52008 Postage 62.50
500-5100-501-52009 Small Equipment 749.01
500-5100-501-52015 Vehicle Fuel 982.13
500-5100-501-53003 Repairs and Maintenance 7,028.38
500-5100-501-53008 Vehicle Repairs & Maint. 1,126.05
500-5100-501-55005 Power for Pumping 4,461.59
500-5100-501-55010 Purchased Water 4,595.81
500-5100-501-57010 Lab Fees 5,156.00
500-5100-501-57012 Legal Fees 876.00
500-5100-501-57028 Underground Alert 67.28
500-5100-501-57064 IT Expenses - Water Fund 4,722.88
500-5100-501-70851 SCADA Upgrades 247.50
500-5100-501-70852 River Well Development 5,417.50
500-5100-501-70938 Water Conservation Pro… 6,000.00
501-5200-105-51005 Retiree Medical/Dental/L… 510.00
501-5200-502-51012 Education 149.70
501-5200-502-52004 Utility Bill Printing/Suppl… 1,164.81 501-5200-502-52009 Small Equipment 978.89
501-5200-502-52015 Vehicle Fuel 350.43
501-5200-502-53003 Repairs and Maintenance 123.09
501-5200-502-53008 Vehicle Repairs & Maint. 545.26
501-5200-502-55001 Utilities 263.72
501-5200-502-57028 Underground Alert 69.30
501-5200-502-57064 IT Expenses - Sewer 1,783.27
501-5300-105-51005 Retiree Medical/Dental/L… 510.99
501-5300-503-51012 Education 349.30
501-5300-503-52003 Supplies 908.22
501-5300-503-52008 Postage 62.50
501-5300-503-52009 Small Equipment 903.34
501-5300-503-52015 Vehicle Fuel 450.32
501-5300-503-53003 Repairs and Maintenance 2,969.20
501-5300-503-53008 Vehicle Repairs & Maint. 652.71
501-5300-503-53010 Computer/Desktop Equi… 137.44
501-5300-503-55001 Utilities 16,267.62
501-5300-503-57010 Lab Fees 1,732.00
501-5300-503-57020 Sludge Disposal 4,494.38
501-5300-503-57064 IT Expenses - WWTP 4,178.69
502-5000-850-35021 Fare Box Revenue -4,855.69
502-5000-850-52015 Vehicle Fuel 8,502.80
502-5000-850-55003 Communications 105.00
502-5000-850-56003 Wine Country Express 1,666.66
502-5000-850-56010 Transit Contract 58,608.85
502-5000-850-57001 Marketing & Advertising 11,039.01
502-5000-850-57011 Lease Payments 5,594.26
502-5000-850-57016 Professional Services 4,159.55
18 Expense Approval Report Payment Dates: 5/1/2023 - 5/31/2023 6/6/2023 3:07:28 PM Page 13 of 13
Account Summary
Account Number Account Name Payment Amount
700-1400-400-59016 SYVTBID Payments 42,042.00
700-1400-400-61003 City Admin Fee 858.00
803-5100-501-70105 Projects -WATER 1,421.20
804-5300-503-70105 Projects -WASTEWATER 26,438.10
Grand Total: 2,759,312.13
Project Account Summary
Project Account Key Payment Amount
**None** 2,729,179.14
Dist 28,789.59
PROP 68 1,343.40
Grand Total: 2,759,312.13
19 Agenda Item: 4.c
Solvang City Council STAFF REPORT
PREPARED BY: Rodger Olds, Public Works Director
MEETING DATE: June 12, 2023
SUBJECT: Approve Amendment 4 to the Agreement with ZWorld LLC for annual Geographic Information Systems (GIS) Services for the additional amount not to exceed $37,500, for a new total contract not to exceed $170,000 and extend the term to June 30, 2024; and Authorize the Mayor to execute on behalf of the City.

DISCUSSION:

The City of Solvang entered into an agreement with ZWorld on August 21st, 2014, for the establishment and maintenance of the City’s GIS System. The agreement was amended for the first time on July 15th, 2015, extending the agreement until June 30, 2019. Amendment number 2 was executed on July 1, 2019 to extend the time of the contract until June 30, 2022 Amendment number 3 was executed on July 11, 2022 to extend the term to June 30, 2023.

Council Approved Amendment No. 3 on August 8, 2022. The Amendment extended the contract through fiscal year 2022/23 and increased the contract amount by $37,500. This marked a substantial increase for GIS services. The reason for the large increase was a a combination of increased operations costs by the vendor, and a substantial increase in the scope of service provided. Initially the service was provided for the Public Works Department which at the time consisted of the mapping of the City’s roadway and utility network. Since then, the scope has been expanded to provide services and support requests for Planning and Building, Parks, Administration, and Emergency Services.

This cost is to provide ongoing GIS services to the city, which includes maintenance of the GIS data and applications as staff identifies needed corrections, updating the GIS Data Dictionary, custom mapping requests, data analysis, technical support, point of contact for vendors, staff training, and emergency support. Over the past year updated aerial photography was uploaded into the City system and an updated web-based GIS program. Major mapping efforts or the addition of new data layers into the system were historically considered out of scope and were tracked via separate Purchase Orders.

Any future additions to scope of services will be amendments to this agreement.

ALTERNATIVES:

Should City Council not authorize staff to execute the contract extension with ZWorld GIS, LLC the City would not have immediate access to the GIS system, and would need to seek out an alternative provider for the City GIS platform and maintenance.

FISCAL IMPACT:

The cost to the City for the annual subscription and ongoing GIS services will be $37,500 for fiscal year 2023/24. GIS work by ZWorld GIS is funded by the 2023/24 upcoming Budget approval process.

ATTACHMENTS:

A. Contract Amendment 4
B. Prior Amendments and Original Agreement
20 AMENDMENT NO. 4
to the Agreement with

ZWORLD GIS LLC
THIS FOURTH AMENDMENT is made and entered into this 1
st day of July, 2023 between the
CITY OF SOLVANG, a municipal corporation and Charter City (City) and ZWORLD GIS LLC a California Limited Liability Company (Contractor). In consideration of the mutual covenants and conditions set forth in the original Agreement dated, August 21, 2014, the First Amendment dated July 1, 2015, and the Second Amendment dated July 1, 2019, and the Third Amendment of July 1, 2022, the parties agree to continued annual GIS web application subscription, and annual system maintenance services for one additional fiscal year through 2023-2024 in accordance with the Fee Schedule shown below. The contract termination date is hereby extended to June 30, 2024.

All remaining portions of the original Agreement and prior Amendments shall remain in full force and effect.

FEE SCHEDULE
Annual Subscription
System Maintenance
$12,500 $25,000
Fiscal Year
FY 2023-2024

CITY OF SOLVANG ZWORLD GIS LLC
Mark Infanti, Mayor Zacharias Hunt, Managing Member
APPROVED AS TO FORM:

Dave Fleishman, City Attorney
ATTEST:

Annamarie Porter, City Clerk
Attachment A
Attachment A Attachment A
AMENDMENT NO. 3
to the Agreement with

ZWORLD GIS LLC
THIS THIRD AMENDMENT is made and entered into this 1st day of July, 2022 between the CITY OF SOLVANG, a municipal corporation and Charter City (City) and ZWORLD GIS LLC a California Limited Liability Company ( Contractor). In consideration of the mutual covenants and conditions set forth in the original Agreement dated, August 21, 2014, the First Amendment dated July 1, 2015, and the Second Amendment dated July 1, 2019, the parties agree to continued annual GIS web application subscription, and annual system maintenance services for one additional fiscal year through 2022- 2023 in accordance with the Fee Schedule shown below. The contract termination date is hereby extended to June 30, 2023.

All remaining portions of the original Agreement and prior Amendments shall remain in full force and effect.

FEE SCHEDULE
Fiscal Year Annual Subscription System Maintenance
FY 2022- 2023 $ 12,500 $ 25,000

CITY OF SOLVANG ZWORLD GIS LLC
Xenia Bradford, City Manager Zacharias Hunt, Managing Member APPROVED AS TO FORM:

Dave Fleishman, City Attorney
ATTEST:

Annamarie Porter, City Clerk
DocuSign Envelope ID: 987740A8- 9965-4C31-8F82-1BC0DE36B3AD Attachment B Attachment B
22 23
24 ZWORLD GEOSPATIAL INFORMATION SYSTEMS

BUSINESS CONTINUITY PLAN
rWORLDM

GEOSPATIAL INFORMATION SYSTEMS
NOVEMBER 2015
25 I WORLD.

GEOSPATIAL INFORMATION SYSTEMS
ZWORLD GIS Business Continuity Plan
ZWORLD GIS has developed a Business Continuity Plan on how we will respond to events that significantly disrupt our business as well as outline our Company development strategy. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.

Contacting Us— If after a significant business disruption you cannot contact us as you usually do, you should call our alternative numbers or visit our website for emergency messages or updates.

Primary Emergency Contact: GIS Manager
Phone: 805. 448. 1726
Alternate Emergency Contact: GIS Technician
Phone: 805. 448. 6605
Website:
www. zworldgis. com
Our Business Continuity Plan — Our business continuity plan addresses: emergency contacts; data storage, data backup, and data recovery; business constituents; and our company development plan. In short, our business continuity plan is designed to permit our Company to resume operations as quickly as possible, given the scope and severity of the significant business disruption.

Varying Disruptions— Significant business disruptions can vary in their scope, such as only our Company, a single building housing our Company, the business district where our Company is located, the city where we are located, or the whole region. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In a disruption to only our Company or a building housing our Company, we will transfer our physical operations to a local site when needed and expect to recover and resume business within 1- 3 days. In a disruption affecting our business district, city, or region, we will transfer our operations to a site outside of the affected area, and recover and resume business within 1- 5 days. In either situation, we plan to continue in business, transfer operations to our alternating site if necessary, and notify you through our website www.zworldgis. com or our customer emergency number, 805. 448. 1726.

For more information — If you have questions about our business continuity planning, you can contact us at 805. 448. 1726 or info@zworldgis. com.

ZWORLD GIS— Business Continuity Plan
1 26
I WORLD.

GEOSPATIAL INFORMATION SYSTEMS
Emergency Contact
ZWORLD GIS has planned for continued communication within the company as well as contact to our clients. ZWORLD GIS staff monitors client communication 24/ 7 and can respond to contacts after hours and on weekends and holidays. For any disruption in service or accessibility to applications, clients can access the Company via our emergency contact information.

Primary Emergency Contact: GIS Manager
Phone: 805. 448. 1726
Alternate Emergency Contact: GIS Technician
Phone: 805. 448. 6605
Website:
www. zworldgis. com
ZWORLD GIS staff monitors client communication 24/ 7 and can respond to contacts after hours and on weekends and holidays.

Data Storage— Back Up— Recovery Plan
Data Storage
ZWORLD GIS provides a cloud based solution to our clients for both data storage as well as access to web map applications. The GIS data for each of our clients has a triple redundant storage process. The GIS data is first stored in our production environment, which is the " live" data that the web applications access. Then there is a quall ( test) environment which is a backup " non- live" location of the GIS data. Then lastly the GIS data is automatically backed up to a separate physical hard drive, which is a direct copy of the data located in the quall environment.

ZWORLD GIS utilizes a web server for the production environment, which is provided by our business partner Go Daddy. The physical location for the production server is located in a secure site within Phoenix, Arizona. The quall environment for the GIS data is stored on a windows network secured server, which is located in Santa Barbara, California. The backed up copy for the qua[ storage is located in a separate Santa Barbara location.

Back Up
Tier 1
The GIS data and web map application files are backed up monthly from the production environment, which is provided by the arrangemen wi the Go Daddy server management services. This is the Tier 1 back up process.

Tier 2
The GIS data and web map application files are also stored on our quall network server. In case of a complete Tier 1 data and file loss, the Production environment can be restored from our Tier 2 back up.

ZWORLD GIS— Business Continuity Plan
2 27
I WORLD.

GEOSPATIAL INFORMATION SYSTEMS
Tier 3
The GIS data and web map application files are also backed up weekly from our quall network server to a separate external hard drive which then is stored in our second Santa Barbara location.

Our arrangements with the Go Daddy web server management is that the production environment is backed up at the Arizona site. Our Company operates a back- up operating facility in a geographically separate area with the capability to conduct the same volume of business as its primary site. To ensure our back up plan is effective, we test our back- up arrangements every six months.

Recovery Plan
Recovery time objectives provide concrete goals to plan for and test against. However, they are not hard and fast deadlines that must be met in every emergency situation, and various external factors surrounding a disruption, such as time of day, scope of disruption and status of critical infrastructure, particularly telecommunications, can affect actual recovery times. Recovery refers to the restoration of GIS data and web map application files after a wide- scale disruption; resumption refers to the capacity to provide application access and restore 100% of functionality after a wide- scale disruption. Our Company has the following small business disruption recovery time and resumption objectives: recovery time period of 1- 3 days; and resumption time of 1- 5 days.

Business Constituents
Our plan anticipates two kinds of significant business disruptions ( SBD), internal and external.

Internal SBDs affect only our Company' s ability to communicate and do business, such as a fire in our building. External SBDs prevent the operations of a number of companies and agencies, such as a terrorist attack, a city flood, or a wide- scale regional disruption. Our response to an external SBD relies more heavily on other organizations and systems, especially on the capabilities of our business constituents.

We have contacted our critical business constituents ( businesses with which we have an ongoing commercial relationship in support of our operating activities, such as vendors providing us critical services), and determined the extent to which we can continue our business relationship with them in light of the internal or external SBD. We will quickly establish alternative arrangements if a business constituent can no longer provide the needed goods or services when we need them because of a SBD to them or our Company. Our major business partners are:

Web Server Cloud Partner— Go Daddy
Web Map Application — ESRI
Web Map Application — Latitude Geographic
Financial Systems — Intuit QuickBooks Online
ZWORLD GIS— Business Continuity Plan 3
28 1 WORLD.

GEOSPATIAL INFORMATION SYSTEMS
We plan to quickly recover and resume business operations after a SBD and respond by safeguarding our client' s data and property, making an operational assessment, and minimizing any downtime in services or applications to our clients and customers.

Company Development Plan
We anticipate acquiring additional staff and transitioning to a corporate company ( LLC) within the next two years. At this time a gentrification plan will be established to allow for future departures of company founders. ZWORLD GIS will continue to grow and expand, while continuing consistent and reliable services to our existing clients and customers.

ZWORLD GIS prides itself on its analytical ability, its value- added service, competitive fees, its high standards of quality and its adaptability to changes in the market and in the method of its practice. ZWORLD GIS intends to provide the client with more than just information and planning tools. We intend to provide quality information that is customized to the client's needs, in the process assisting them on how best to use the available information. By employing our services, our clients are assured of consultants dedicated to finding the right answers for their business and enabling them to benefit long after we have finished our work.

As we grow we want to grow right. For example we recognize that we have to be in constant touch with our stakeholders to ensure market knowledge at all times. This is the nature of the channels we deal with. Also, we intend to build our management team correctly. We need the right people in the right place at the right time if we are to ensure optimum growth. We intend to develop our team so that our people can grow as the company grows with a mutually beneficial relationship.

In a nutshell, we don' t just intend to market and sell our service, but to market and sell customized information, solutions and a total- quality environment. This will ensure we establish a reputable company image.

ZWORLD GIS— Business Continuity Plan
4 29

CITY OF SOLYANG

PROFESSIONAL SERVICES AGREEMENT
This agreement is made upon the date of execution, as set forth below, by and between ZWorld GIS(" Consultant"), a mapping, GIS and technology consulting firm, and the City of Solvang (" City"). The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:

1. 0 GENERAL PROVISIONS

1. 01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.

1. 02 Services : Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

Consultant shall determine the method, details and means of performing the above- referenced services.

Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement. However, Consultant may not assign this agreement to any other person or entity in the performance of required project- related services, and the City may not control, direct or supervise Consultant' s assistants or employees in the performance of those services.

1. 03 Standard of Performance: Consultant' s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant' s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant or its subcontractors. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.

1. 04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for mapping, GIS and technology services in accordance with the rates set forth in Exhibit A. The parties agree that total 30 City of Solvang
Professional Services Contract

Page 2 ends

compensation for fees and costs for the services detailed in Exhibit A shall not exceed the sum of $ 10, 000 for FY 2014- 15 implementation. Compensation for implementation in future fiscal years shall be per approved Contract Amendment as provided herein.

1. 05 Billing/ Payment Terms. All charges for Consultant' s services and related reimbursable expenses shall be billed monthly, and all undisputed charges will be paid by City within 30 ( thirty) days of receipt. The bills will itemize by date all services and expenses provided for the invoice period under this Agreement including a brief description of the nature of work performed, the person performing or vendor providing them, the applicable billing rate, the time expended. All Consultant service invoices must be approved by either the Public Works Director or the City Manager, prior to payment.

2.0 OBLIGATIONS OF CONTRACTOR

2.01 Contract Management and Service Performance: Consultant Principal shall serve as the project manager and will personally prepare, or direct and supervise the preparation of, all work product called for by this agreement. Consultant represents that it has the qualifications, experience and facilities to properly perform all services hereunder in a thorough, competent, timely, and professional manner and shall, at all times during the term of this Agreement, have in full force and affect all licenses required of it by law. Consultant agrees to devote the hours and the human resources necessary to timely perform the services set forth in this agreement in an efficient, professional, and effective manner.

2.02 Avoidance of Conflict of Interest. Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant' s sole discretion, as long as the performance of these extra- contractual services does not interfere with or present a conflict with City' s business or interfere with the timely performance and completion of Consultant' s services under this Agreement.

Consultant shall comply with all conflict of interest laws and regulations including, without limitation, the City' s Conflict of Interest Code ( on file in the City Clerk' s Office). All officers, employees and/ or agents of Consultant who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest. Therefore, it is incumbent upon the Consultant or Consulting Firm to notify the City of any staff changes relating to this Agreement.

A. In accomplishing the scope of services of this Agreement, all officers, employees and/ or agents of the Consultant( s) unless as indicated in Subsection B, will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/ or agents of Consultant, except as indicated in Subsection B. Initials).

B. In accomplishing the scope of services of this Agreement, Consultant( s) will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultants work product will be 31 City of Solvang
Professional Services Contract

Page 3 ends

presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following Consultant( s) shall be subject to the City' s Conflict ofInterest Code.

2.03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.

2.04 Workers' Compensation and Other Employee Benefits: City and Consultant intend and agree that Consultant is an independent contractor of City and agree that Consultant and Consultant' s employees and agents have no right to Workers' Compensation and other City- sponsored employee benefits. Consultant agrees to provide Workers' Compensation and other employee benefits, where required by law, for Consultant' s employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Consultant and any ofConsultant' s employees or agents.

2.05 Indemnification: General Professional Services: Professional Consultant hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from the negligent acts, errors or omissions of Consultant' s or any of Consultant' s employees' or agents' operations under this agreement, whether such operations be by Consultant or by any one or more persons directly or indirectly employed by, or acting as agent for, Consultant; provided as follows:
a) To the fullest extent permitted by law, the Contractor shall ( 1) immediately defend, and ( 2) indemnify the City of Solvang, and its elected officials, officers, and employees from and against all liabilities regardless of nature or type arising out of or resulting from Contractor' s performance of services under this contract, or any negligent or wrongful act or omission of the Contractor or Contractor' s officers, employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. The Contractor' s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.

If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, the Contractor' s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified Ply.
b) The review, acceptance or approval of the Contractor' s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor' s indemnification 32 City of Solvang
Professional Services Contract

Page 4 ends

or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.

2. 06 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this agreement

3.0 OBLIGATIONS OF CITY

3. 01 Cooperation: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant' s duties under this agreement. City employees, agents and officers of the City agree to disclose all information relevant to this project to Consultant.

4.0 TERMINATION OF AGREEMENT

4. 01 Termination Notice: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30( thirty) days' prior written notice to the other parties to this agreement.

4.02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
a. Sale of the business of any party;
b. The end of the 30 ( thirty) days as set forth in section 4. 01; c. End of the contract to which Consultant' s services were necessary; or d. Assignment of this agreement by Consultant without the consent of City. e. Death of any party.

4.03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the nonbreaching party, at its option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party.

4.04 Termination: This agreement shall terminate on June 30, 2019, unless earlier extended as set forth in this Section. The City, with the agreement of Consultant, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions as set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement. 33 City of Solvangg
Professional Services Contract

Page 5 ends

5.0 SPECIAL PROVISIONS

5. 01 Additional Tasks as May Be Assigned by Public Works Director or the City Manager: Prior to initiating any Consultant work on matters relating to mapping, GIS and technologyofgYpty services, but outside this contract, it shall be the responsibility Consultant to obtain written approval of the Public Works Director, or the City Manager, prior to initiation of such tasks.

5. 02 Time Schedule: Consultant is to begin work upon receipt and execution of City contract. It is contemplated that most of the services hereunder will be completed on or before June 30, 2015. TIME IS OF THE ESSENCE OF THIS CONTRACT.

Consultant agrees to engage its best efforts to adhere strictly to the schedule set forth in Exhibit A and incorporated herein.

5. 03 Work Outside Contract Scope: No payment for changed or additional work shall be made unless the changed or additional work has first been approved in writing by the Contract Manager and the parties have agreed upon the appropriate adjustment, if any, to the payment schedule and maximum payment amount for the changed or additional work. The Contract Manger may order changes or additions to the scope of work. Whether a change or addition to the scope of work is proposed by the Consultant or ordered by the Contract Manager, the parties shall in good faith negotiate an appropriate adjustment, if any, to the payment schedule and maximum payment for the changed or additional work. An approved change or addition, along with the payment adjustment, if any, will be effective upon an amendment to this contract executed by both parties. The amendment shall not render ineffective or invalidate unaffected portions of this contract.

5. 04 Confidentiality:
a) Confidential Nature of Information. Consultant shall treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City. Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this contract as confidential. b) Limitation on use and disclosure. Consultant agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Consultant' s scope of work. Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City.
c) Security plan. If requested by the Contract Manager, Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the performance of work is not used for any unauthorized purpose or disclosed to 34 City of Solvang
Professional Services Contract

Page 6 ends

unauthorized persons. Consultant shall advise the City of any request for disclosure of information or of any actual or potential disclosure of information. d) Survival. Consultant' s obligations under this paragraph shall survive the termination ofthis contract.

6.0 MISCELLANEOUS

6.01 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and delivered or, in lieu of such personal service, when deposited in the United States mail, first class postage prepaid, to the following address for each respective party:

PARTY ADDRESS
TO: CITY OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Copy to: Roy Hanley
City Attorney

HANLEY & FLEISHMAN, LLP
8930 Morro Road
Atascadero, CA 93422
TO CONSULTANT: 7,,WO IZL D G-15
jI,te I` ll
c x/ 190. r(
N
r
CA 93 to

6.02 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time, should any need for interpretation of this agreement or any decision or holding concerning this agreement arise.

6.03 Binding Effect: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in the agreement.
35 City of Solvang
Professional Services Contract

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6.04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.

6.05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties.

6.06 Ownership of Work Product: Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of the City. Consultant agrees that all copyrights, which arise from creation of the work pursuant to this contract, shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

6.07. Integration and Modification: This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void.

No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.

6.08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting ofthe contract.

6.09. Independent Review: Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney ofany other party.

6.10. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach hereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.
36 City of Solvang
Professional Services Contract

Page 8 ends

6. 11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement.

6. 12. Assignment: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement, giving rise to a right to terminate as set forth in Section 4.03.

6. 13. Time for Performance: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause, except financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement of the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.

6. 14 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.

6. 15. Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate.

6. 16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all the parties to this agreement. 37 City of Solvang
Professional Services Contract

Page 9 ends

6. 17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

IN WITNESS WHEREOF, the parties have executed this contract on the following date.

Consultant:
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City of Solvang:

Date: D _ 2-0-16(
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City Manager
APPROVED AS TO FORM:

City Attorney: HANLEY& FLEISHMAN, LLP
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Date: By:

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Roy Hanley
City Attorney
38 City of Soivang
Professional Services Contract

Page 9 ends

6. 17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

IN WITNESS WHEREOF, the parties have executed this contract on the following date.

Consultant:

Date: 6
By: ! 2% •
resident
City of Solvang:

Date: By: •.
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City Manager
APPROVED AS TO FORM:

City Attorney: HANLEY : FLEISI-LMAN, LI
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39 EXHIBIT A

SCOPE OF SERVICES, FEE & SCHEDULE
Scope of Services
ZWORLD GIS will be supporting the new GIS Web Application for staff, providing training and assisting with data updates to the application. Also ZWORLD GIS will be providing maintenance to the existing GIS data and Atlas Maps. In particular the major addition of assets within the Skytt Mesa development, as well as minor replacements and data corrections. See following pages for additional details.

Fee
10,000.00 for Fiscal Year 2014- 15 implementation.

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Schedule
Initial GIS application will be operational by October 31, 2014. Refinements and modifications as necessary will be implemented by March 31, 2015.
40 Z WORLD.

GEOSPATIAI INFORMATION SYSTEMS
August 11, 2014
Public Works/ Planning & Development Departments
City of Solvang
411 Second Street
Solvang, CA 93463
Re: GIS Web Application
ZWORLD GIS is honored to provide a solution for the City' s need for a standard GIS software application. The attached submittal contains details on the GIS application we provide and the particular approach we have designed for the City' s GIS Web Application.

The City of Solvang having developed GIS data within the Public Works Department along with Planning and Development GIS data, identifies the need to for a standard mapping tool for staff to use.

ZWORLD GIS in partnership with ESRI, has developed a standard mapping tool that provides a solution for an organization to leverage their GIS data. In particular the mapping tool is primarily a software interface that is installed on a cloud server and is accessible to staff through a web- based interface. The application provides many standard mapping functions and will include all of the current GIS data available to the City.

ZWORLD GIS provides this GIS Web Application to the City as a subscription service. This eliminates the need for the City to purchase additional software or hardware, and avoids further IT administration needs. ZWORLD GIS provides the support service of the GIS Web Application, in relation to updating data for the application as well as providing staff training on the use of the application.

This proposal provides the City with a viable solution for creating a standard GIS tool for all City staff to use. ZWORLD GIS provides this application to the City for an annual use subscription for the cost of 10, 000 with support services included.

ZWORLD GIS is uniquely qualified to provide these solution and services. Our business is based on a passion for GIS technology, GIS solutions, and providing excellent GIS client satisfaction.

Thank you for the opportunity to provide you with this proposal. ZWORLD GIS would welcome any opportunity to meet with City officials to discuss any City specific questions related to this proposal. We understand the importance of this project to the City and the local community. We look forward to talking with you at your convenience.

Sincerely,
Zacharias Hunt, MPA
Project Manager

ZWORLD GIS
27 WEST ANAPAMU STREET# 191 UVANG, CA 9$ 101 805. 448. 1726 VWVW.ZWORLDGIS. COM 41 WORLD.

GEOSPATIAL INFORMATION SYSTEMS
Background
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The City of Solvang, Public Works and Planning Department have had a need for a GIS tool within the various operations. Recently Public Works has updated the City' s Water and Sewer system into a GIS data format. Planning also has several datasets in a GIS format, including the City Landuse and Zoning information. Since the City has invested in GIS data, it is now time to provide a common mapping tool that will leverage the GIS data for City staff to use.

GIS Web Application
Application Descriptior
ZWORLD GIS in partnership with ESRI, will provide a standard mapping tool ( GeoAccess) for City staff to access. The application will be configured for a web based interface, so staff will not need to install any software on their workstations.

The application provides many standard mapping functions and will include:

Map Navigation
Search Capability
Distance and Area Calculations
Create Exhibit Map documents
Mailing Label and Parcel Notification
Implementation Model
The subscription use covers server administration to be performed by ZWORLD GIS. ZWORLD GIS will configure the City' s data to be used with GeoAccess. The GeoAccess application is built using the ESRI ArcGIS Server product. The windows server is a dedicated server in a secure data center, along with IT Server maintenance. The GeoAccess application is a Software as a Service ( SaaS), and City staff will access the application through a web- based connection.

Staff will be able to access the application within mobile devices as well. ZWORLD GIS will provide application support such as data updates and staff training.

City of Solvang— GIS Web Application
42 z WORLD.

GEOSPATIAL INFORMATION SYSTEMS
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ZWORLD GIS Support Services:

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Staff Training
GIS Data Updates
Software Upgrades
GIS Web Application • Unlimited Data Storage
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Mobile Devices Staff Worksation
Staff Training
ZWORLD GIS will provide onsite training for City staff on the use of the GeoAccess application.

Two training levels are provided. Each training session is a three hour course, and can be done in groups of 5- 10 people. The first is a Level 1 Basic Session, and the second is a Level 2 Advanced Session.

Level 1 Bask..

In the Level 1 Basic training session, staff is introduced to the applications main functionality and becomes familiar with the interface. This session covers Map Navigation, Search Tools. and Map exporting.

Level 2 Advanced
In the Level 2 Advanced training session, staff is introduced to more in- depth use of the GIS data. This training session provides application techniques that are specific to a certain City operation. For example, the City Water staff would use this session to develop understanding of the water system GIS data. This session covers advanced Searching, Markup Tools, advanced Map documents, and using application for projects.

City of Solvang— GIS Web Application
43 II
Z WORLD..

GEOSPATIAL INFORMATION SYSTEMS
GEOACCESS APPLICATION:

GeoAccess offers organizations maximum flexibility by enabling the implementation of a spatial lnn ,
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application for web- GISand mapping. GeoAccess provides organizations with the ability to speed up development and reduces costs while increasing operational efficiencies. As technology evolves, GeoAccess creates a more innovative and more efficient approach to the implementation of web-GIS. i - The GeoAccess web application provides an organization with an interactive mapping solution right away, without the need for dedicated servers or software installations. This is accomplished by providing GeoAccess as a software as a service( SaaS), which is a cloud based approach to providing GIS. GeoAccess eliminates the need to acquire additional IT resources that typically are associated with developing GIS applications internally. GeoAccess focuses on the functions everyone needs across the entire organization, this results in a model that provides more efficient use of resources.

GeoAccess provides numerous must have features including various navigation tools, n .. + 9 r1 measurement tools, advanced search capability, print and report functions, dynamic map tips, basemap variations, attribute rich- results interface, feature hyperlinks and more.

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function of the application. Define and index attributes from multiple sources to provide a fast 0 •
and intuitive search capability across millions of features on the map. Users will see search suggestions as they type, and results will be available on the map instantly. The most relevant results are displayed first to help users find what they' re looking for.

You can link to external non- spatial databases, files, or web services and embed this data in E'" ,." ' from0 reports, searches, and forms. Data- Linking also provides the ability to retrieve data fN;
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external data sources and link it to attributes of spatial data.

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reporting enables you to easily generate commonly used reporting. Each template defines a s
standard layout for reporting on the layer' s features, attributes, linked and computed data.

By saving your organization valuable staff time, you will be able to do more with your budgets and resources.

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launch a viewer. The URL Integration feature supports a variety of options, such as; zoom to a 1< specific extent, or zooms to and highlight a particular feature. Common types of applications which are integrated include document management, permitting, assessment, and other non- spatial business applications.

N' GeoAccess includes advanced security features which provides an organization with the ability to grant or deny access to specific applications and functionality. Configurable for both internal and external use, and you can take advantage of the security that' s already used by your organization.

VISIT US AT WWW. ZWORLDGIS. COM 7
PHONE: 805. 448. 1726
7 EMAIL: INFO 4 ZWORLDGIS. COM L 1/4421111 VA

EXHIBIT C

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. Ifthat existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so.

Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide the following types and amounts ofinsurance:

Commercial General Liability Insurance using Insurance Services Office " Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another.

Limits are subject to review but in no event less than $ 1, 000,000 per occurrence.

Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 ( Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $ 1, 000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non- owned auto endorsement to the general liability policy described above. If Consultant or Consultant' s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.

General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant' s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
45 City of Solvang
Professional Services Contract

Page 12 ends

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

5. No liability policy shall contain any provision or definition that would serve to eliminate socalled " third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage( e.g. elimination of contractual liability or reduction of discovery period) that may affect City' s protection without City' s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant' s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.

8. Certificate( s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage.

9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.

10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant' s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 46 City of Solvang
Professional Services Contract

Page 13 ends

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety ( 90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance ofthis Agreement.

14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non- compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason.

Termination of this obligation is not effective until City executes a written statement to that effect.

16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant' s insurance agent to this effect is acceptable. A certificate of insurance and/ or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.

20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.

21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be 47 City of Solvang
Professional Services Contract

Page 14 ends

deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right ( but not the duty) to monitor the handling of any such claim or claims ifthey are likely to involve City.
48 • MAY 2023 Activities
• May 18, 2023, PRWeb (Cision) wire distribution of press release titled, “Storybook Summer in Solvang, California: Celebrate the Season in ‘The Danish Capital ofAmerica’ with Annual Festivals and Weekly Events” (+ manual / email distribution) • Reconnected with the following destination partners, on behalf of / as Solvang’s interim PR/media liaison:
• Visit the Santa Ynez Valley (VSYV’s marketing agency) • Central Coast Tourism Council (CCTC), including submission of content for Solvang summer initiatives (https://centralcoast-tourism.com/all-events/) Solvang Tourism, May 2023 :: PR Briefs
prepared by Anna Ferguson-Sparks, Stiletto Marketing
Agenda Item 4.d
49 • MAY 2023 Activities (continued)
• Reconnected with the following destination partners, on behalf of / as Solvang’s interim PR/media liaison (continued):
• Visit Santa Barbara
• Visit California – with whom we are now working on a September 2023 influencer visit (@goanniewhere, 278K Followers) through Solvang as part of a larger CA media trip.
• Angles / topics on which we are currently focusing (aside from the Solvang Summer Events press blast contents):
• Elverhoj Museum’s new rock/pop culture photography exhibit, "Music is Love," running May 26 through August 13, 2023
• Solvang Amber & Viking Museum’s new Viking Ship exhibit, debuting to the public June 8, 2023
• SYV Pride month + Solvang-based Pride events, weekend of June 24 50 • MAY 2023 Activities (continued)
• Researched co-op advertising opportunity received through CCTC:
• Co-op ad spread in Sept/Oct 2023 issue of PHOENIX Magazine • 326,000+ Average Readership per Month• 72,214+ Audited and Verified Copies • $1,112.00 for print ad space in co-op, assuming a maximum of 9 participating Central Coast destinations or attractions in a 2-page spread • Ad buy includes Solvang inclusion in dedicated e-blast to magazine’s ~34-35K double opt-in subscribers
• Researched TVEyes, a TV and radio media monitoring service. Reported findings to Solvang City Manager; decision to move forward will hold for hiring of new marketing manager and/or new marketing agency. 51 • MAY 2023 Activities (continued)
• Check HARO media queries 3x daily. Submitted Solvang to four queries; one posted and we did not make the cut (it was about larger Pride celebrations and bigger cities that host them), the other posts/articles have not yet published. • Continued correspondence with Candice at City of Solvang Parks & Rec to aid her valiant efforts in attempting to update content on certain portions of the SolvangUSA.com website. I am gathering and providing event information and content, and/or helping to collect other materials such as business listing updates and photo assets (which includes some inbound correspondence from various businesses). • Continued check-ins with the Solvang Chamber of Commerce and Solvang Visitors Center for updates and general catch-up sessions.
52 MAY 18, 2023 PRWeb (Cision) Press Release
Full Press Release available here: https://www.prweb.com/releases/2023/05/prweb19344894.htm Press Release pick-up (as per PRWeb / Cision Visibility Reports):Press Release pick-up stats as per CoverageBook, a different system which I also use to monitor media / news clips:
53 • MAY 2023 Activities (continued)
• We have had discussions and/or have received interest in either visiting Solvang (FAM trips), or possibly covering something Solvang-related, from the following:
• Melanie Lee, Editor-in-Chief of what was formerly WHERE Traveler, now GoVisit.Guide, for whom I will be planning a late-summer Solvang media trip for Los Angeles market travel content, for new family of sites. • Sharon Boorstin, freelance writer assigned a travel article for the Los Angeles Times about what really makes Solvang "tick." I have worked with Sharon in the past but this came through Visit SYV, who looped me into this project so that I could provide Solvang insight and ideas for Sharon – she will be visiting mid-June to conduct interviews and site visits. • The Hollywood Reporter contributor contact, who pitched the Elverhoj Museum's new rock photography exhibit to Billboard digital (same family of sites).
54 • MAY 2023 Activities (continued)
• My digital content contact for AAA Westways social channels, to whom I am sending various imagery for new Solvang businesses, events, etc., for possible posting to Westways social (@aaasocal_westways). • Phillip Zonkel, Publisher/Founder of Q Voice News, Long Beach-based LGBTQIA+ community news outlet. Phillip's doing at least one story about Solvang's SYV Pride festivities, with possible Solvang / SYV Pride inclusion in a second, California Pride round-up. • Matt Kirouac-York, widely-published freelance writer and member of the LGBTQIA+ community, about possibly visiting during SYV Pride weekend in Solvang – or just about general coverage of SYV Pride, if unable to visit. • Jonathan Melendez, LA-based author / food photographer / blogger / influencer (26K Instagram Followers) and member of the LGBTQIA+ community, about visiting (with husband + baby) during SYV Pride weekend in Solvang to document their time here for social channels. 55 • MAY 2023 Activities (continued)
• Las Vegas-area influencer, Jonathan “JT” Tso (118K Followers), about doing a Solvang trip for air-travel-to-Solvang + on-the-ground content, for Las Vegas regional exposure. • Competitive eater, Raina Huang, who will return for Danish Days 2023 (in September). She competed for us pre-pandemic, two years in a row, during the Danish Days Aebleskiver Eating Contests. Raina has 350K Followers, and is extremely active / engaged across multiple social channels (her YouTube channel has 723k subscribers). • Danny Jensen, author / editor / freelance writer, about possibly visiting Solvang late-summer to get video content surrounding some of Solvang's hidden delights and “icons.” Danny is a history buff and the author of two recent books along these lines, Los Angeles Scavenger and Secret Los Angeles, plus 100 Things to Do in Los Angeles Before You Die. 56 • Past Solvang work which surfaced post-May 2022 termination of my previous, interim PR contract March 2023 Influencer Visit:

Camly Nguyen (@camly.me)-39.1K Followers-4 Reels dedicated to SolvangUSA The Winston
Sear Steakhouse
peasants DELI+ Arcade
The Ballard Inn
57 • Past Solvang work which surfaced post-May 2022 termination of my previous, interim PR contract
“What to do in Solvang, California's Danish delight”Posted (online): January 13, 2023 // In print in Spring 2023 issue of AAA Westways“5 Worth the Drive: Solvang Julefest”In print in Late Fall 2022 issue of AAA Westways“5 Worth the Drive: Solvang Farmer Pumpkin Patch + Santa Ynez Valley Scarecrow Fest” In print in Fall 2022 issue of AAA Westways 58 • Past Solvang work which surfaced post-May 2022 termination of my previous, interim PR contract
“10 Weekend Getaways Within 5 Hours of LA That Are Perfect forFall” (incl. Solvang businesses) Posted: October 17, 2022 // re-spin of 2021 article“What’s New in California's Santa Ynez Valley, From New Hotels to Must-Eat Restaurants” (incl. Solvang Section) Posted: September 25, 2022“So much to see in Solvang with return of Danish Days”Posted: August 27, 2022 // also appeared in print in Bakersfield Life Magazine“11 Easy One-Tank U.S. Road Trips Because Gas is Expensive and Airports Are Chaos” (incl. Solvang Section) Posted: July 21, 2022“Why this touristy California town should be your next food getaway: Long known for windmills, wine and pastries, Solvang now plays a sizable and growing role in the Central Coast’s thriving culinary scene.” Posted: July 26, 2022 59 July 2023 Press Release
• Solvang Julefest 2023-2024 (preliminary press release for Nov / Dec / Jan 2024 event) • Content and format of July / initial Solvang Julefest press release to be discussed with City staff and/or Committees prior to creation and distribution.

August 2023 Press Release• Fall Travel Stories and Events (Sept / Oct / Nov / Dec / Jan 2024), to possibly include:
• Solvang Danish Days (reminder about September 15-17 event)• Hispanic Heritage Celebration (late-September)• Various Car Shows scheduled for fall months• SYV Scarecrow Fest, Solvang Farmer Pumpkin Patch, Haunted House (October)• Solvang Julefest (reminder and follow-up, any new event details as necessary) September 2023 Press Release• “What’s New” in Solvang and “What’s on the Horizon for 2024,” to possibly include:
• Any new / Q1 2024 events scheduled• Opened-in-2023 or revamped / expanded Solvang businesses or activities, plus expected openings for 2024
Looking ahead…
60 • Solvang Visitor Center Report from Solvang Hygge Huset LLC; Susan Lee, Managing Member
• In the month of April 2023 the Solvang Visitor Center had 9,275 visitors.

April typically sees a jump in visitors due to the Spring Break season. In April 2022, the Solvang Visitor Center saw 9,301 visitors (fairly equal YOY). • In May 2023 the Solvang Visitor Center had 7,976 visitors. In May of 2022 there were 7,834 visitors (also fairly equal YOY, 2023 just slightly higher).

Solvang Visitor Center, April + May 2023
“The numbers for the Visitor Center remain strong and we continue to enjoy being of service to the City of Solvang.”Susan Lee, managing member of Solvang Hygge Huset LLC, and the Solvang Visitor Center employees, have agreed to assist the City of Solvang with driving traffic to the new Visit Solvang USA Facebook Page by sending information and photos that we think might be of value, to a shared album that we use in conjunction with the current SolvangUSA social media team. We are happy to help and collaborate wherever we can, for the good of Solvang and its tourism and marketing. 61 Solvang USA Social Media Report
MAY
Agenda Item 4.e
62 weekly + monthly report with key
takeawaysengage with comments on postsengage with tagged postsengage with geotagged postsrespond to direct messagesInstagramFacebookTikTok [videos] REPORTING:COMMUNITY MANAGEMENT:PLATFORMS [syndicated]:

Deliverables
a team of three [3] dedicated socialmedia expertsmonthly form outlining upcomingholidays and marketing initiativesoptimize social media platformsbi-weekly editorial calendars with one [1]round of revisionscustom hashtag developmentcustom social media marketing strategy30-minute weekly strategy and touchbase session with your islett team ofexperts EXECTUTION:STRATEGY:
15 posts/monthrepost tagged Instagram Stories M-F]source and curate visitor postssource and curate Solvang businesscontent FREQUENCY:WITHOUT CONTENT PACKAGE:
63 Refresh Instagram Profile
Updated profile photo.Updated Instagram category for better search optimization.Created an "Events" Highlight. All other highlights werecreated by us during our first contracted term.Updated all social media passwords and log in information.

Initiating CTA's into captions to create prompts forconversations in the comments.Followers have been sharing their own favorite things todo or see in Solvang. This helps us build community andgather traveler insights.Will continue this strategy.

Calls to Action
64 New Facebook Page
Created a new Facebook page for Visit SolvangUSA.Helped increase awareness of the new page bysharing a post in the SYV Chat Facebook group andconnecting the page to Instagram.In progress: Linking the new Facebook page to thewebsite.In progress: A story to follow the new page onInstagram. 65 Analytic Comparisons - previous dates
May
April Instagram Following +3.6% Engagement Rate +68%
Avg. Likes +74%Avg. Comments +30%
In just one month, we've increased Solvang USA's
66 IG Insights - May 2023* vs February 2023
Instagram KPI's compared to February 2023,
Reach +66%New Followers +93%Profile Visits +64%
67 FB Insights - May 2023
Baseline data for new Facebook pageAd spend is not in our current strategy. 68 Top Performers - Instagram
Followers are engaging most with contentshowcasing:

Architecture + sceneryAebleskiver/Danish treatsThings that are unique to Solvang The above is aligned with our currentstrategy.
69 Top Performers - Facebook
Followers are engaging most with content showcasing:

Architecture + scenery
The above is aligned with our current strategy.
70 Community Engagement
71 Agenda Item Number: 4.f
Solvang City Council STAFF REPORT
PREPARED BY: Rodger A. Olds – Public Works Director
MEETING DATE: June 12, 2023
SUBJECT: Approve the 1st Amendment to the agreement with MNS Engineers Inc for Stormwater Program Assistance and implementation for the additional amount not to exceed $112,000 for a new total contract not to exceed $218,950, and to extend the term to June 30, 2024; and authorize the Mayor to execute on behalf of the City.

DISCUSSION:

The Regional Water Quality Control Board (RWQCB) adopted the Phase II Small Municipal Stormwater Separate Storm Sewer Systems (MS4) Permit on February 5, 2013, with implementation of the Stormwater Management Guidance Document starting Fiscal Year 2013/14. MNS Engineers, Inc. has been a critical part of the City’s team to meet the requirements of the MS4 permit since the Fiscal Year 2013/14, coordinating all aspects of the MS4 Permit requirements including education and training, public outreach, inspection, design review guidance, coordination with the City of Buellton who is currently our MS4 co-permittee, and required reporting.

Last year at this time, it was anticipated that the RWQCB would be revisiting and establishing a new MS4 permit; however, that process has been delayed and the current permit and requirements remain in place. Over the coming fiscal year, the RWQCB is likely to initiate the process of a new MS4 permit.

When that permit goes into effect, the City may be required to implement additional measures to meet the new permit requirements and a new contract for these services will be negotiated.

Staff recommends continuing to contract with MNS Engineers for this scope of work due to their knowledge of the City’s specific program, local presence, and shared partnership with the City of Buellton.

ALTERNATIVES:

Should City Council not authorize staff to execute the contract with MNS Engineers, Inc., City Public Works Engineering Staff would be required to perform this work in-house. Current City staffing levels, expertise, and ongoing nature of the permit requirements would make this very difficult, if not impossible, to achieve while maintaining the current level of service.

FISCAL IMPACT:

The is no new fiscal impact to this action. Contracted work by MNS Engineers Inc. is funded through the existing Council approved budget and no budget amendments are necessary. It is anticipated that the work performed by MNS Engineers, Inc. for FY 2023/24 is $112,000.

ATTACHMENTS:

A. Contract Amendment No. 1
B. Original Contract Dated July 1, 2022
72 AMENDMENT NO. 1
to the Agreement with

MNS ENGINEERS INC
THIS FIRST AMENDMENT is made and entered into this 1
st day of July, 2023 between the
CITY OF SOLVANG, a municipal corporation and Charter City (City) and MNS ENGINEERS INC, a California Corporation (Contractor). In consideration of the mutual covenants and conditions set forth in the original Agreement dated, July 1, 2022,for general engineering support services, the parties agree to an additional amount not to exceed of $112,000. for a total contract not to exceed amount of $218,950. and to a contract time extension. The contract termination date is hereby extended to June 30, 2024.

All remaining portions of the original Agreement shall remain in full force and effect.

CITY OF SOLVANG MNS ENGINEERS INC

Mark Infanti, Mayor Jeff Edwards, Vice President
APPROVED AS TO FORM:

Dave Fleishman, City Attorney
ATTEST:

Annamarie Porter, City Clerk
Attachment A Attachment A
73 Attachment B Attachment B
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
Agenda Item: 4.g
Solvang City Council
Solvang City Council STAFF REPORT
PREPARED BY: Rodger A. Olds – Public Works Director
MEETING DATE: June 12, 2023
SUBJECT: Approve Amendment 1 to the Agreement with MNS Engineers Inc for the City Facilities Program Assessment and Master Plan to extend the term to June 30, 2024, and authorize the City Manager to Execute on Behalf of the City.

DISCUSSION:

The Facilities Masterplan (FMP) is included in the City’s Capital Improvement Program. The intent of this masterplan is to facilitate and guide the City in the effective use of its existing facilities and properties, as well as provide a strategic vision to meet the City’s current and future needs. This is proposed to be accomplished by evaluating the operational functionality of the existing City facilities, identifying deficiencies, and making recommendations for immediate and short-term improvements.

The plan will ultimately forecast the City’s future operational needs including the Municipal Facilities needs for the subsequent 30 years. The FMP will provide recommendations and a preliminary implementation schedule to meet the City needs as well as take into consideration the economic impacts on City budget and planning. This project was approved as part of work program for Fiscal Year 2021-22, was not completed due to turnover in staff, and was subsequently added to the 2022-23 work program.

Staff intends to take advantage of this process to develop a facilities program of recommended scheduled maintenance, repairs and replacement of all City facilities. The intent is to utilize existing tools and assets and determine the path forward for training and development of City Facilities Maintenance Staff.

This contract has been awarded, however has been on hold while staff works on establishing an appropriate asset management system. The asset management program is integral to the process as it is the means of capturing, scheduling and implementing the facilities maintenance program.

ALTERNATIVES:

Should City Council not authorize staff to execute the contract with MNS Engineers, Inc. City Staff would seek out proposals from additional engineering firms for the FMP in order to complete this Study project listed in the Capital Improvement Program (CIP).

FISCAL IMPACT:

There is no additional cost for this action as it simply extends the term of the contract. The cost for the program development and Municipal Facilities Master Plan by MNS Engineers, Inc. is $84,937.00.

ATTACHMENTS:

A. Contract Amendment No. 1
B. Original Agreement
90 CITY FACILITIES PROGRAM ASSESSMSNT AND MASTERPLAN
AMENDMENT NO. 1
to the Agreement with

MNS ENGINEERS INC
THIS FIRST AMENDMENT is made and entered into this 1
st day of July, 2023 between the
CITY OF SOLVANG, a municipal corporation and Charter City (City) and MNS ENGINEERS INC, a California Corporation (Contractor). In consideration of the mutual covenants and conditions set forth in the original Agreement dated, July 1, 2022, the contract termination date is hereby extended to June 30, 2024.

All remaining portions of the original Agreement shall remain in full force and effect.

CITY OF SOLVANG MNS ENGINEERS INC

Mark Infanti, Mayor Jeff Edwards, Vice President
APPROVED AS TO FORM:

Dave Fleishman, City Attorney
ATTEST:

Annamarie Porter, City Clerk
Attachment A Attachment A
91 MNS Engineers, Inc. – Municipal Facilities Master Plan

CITY OF SOLVANG

PROFESSIONAL SERVICES AGREEMENT
PARTIES AND DATE. This Agreement is made and entered into this 1st day of July, 2022 (“Effective Date”) by and between the CITY OF SOLVANG, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 1644 Oak Street, Solvang, CA 93463 (“City”) and MNS ENGINEERS, INC., a California Corporation with its principal place of business at 201 N. Calle Cesar Chaves, Suite 300 Santa Barbara, CA 93103 and local branch: 201 Industrial Way, Suite A, Buellton CA 93427 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:

1.0 GENERAL PROVISIONS

1.01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.

1.02 Services : Consultant shall perform the scope of work (tasks) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the project schedule which is also set forth in Exhibit A.

Consultant shall determine the method, details and means of performing the abovereferenced services.

Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement.

However, Consultant may not assign this agreement to any other person or entity in the performance of required project-related services, and the City may not control, direct or supervise Consultant’s assistants or employees in the performance of those services.

1.03 Standard of Performance: Consultant’s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant or its subcontractors. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.

1.04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional services in accordance with the fee schedule set forth in Exhibit C. The parties agree that total compensation for fees and costs for the services detailed in Exhibit A shall not exceed the sum of $84,937, unless and until this Agreement is amended as provided herein.

DocuSign Envelope ID: 3128B128- A988-4AD4-BB20-800F5196B1FB Attachment B Attachment B
92 MNS Engineers, Inc. – Municipal Facilities Master Plan

1.05 Billing/Payment Terms. All charges for Consultant’ s services and authorized related reimbursable expenses shall be billed monthly, and all undisputed charges will be paid by City within 30 (thirty) days of receipt. The bills shall list all tasks under this Agreement, the task budget, project total budget, percentage completed for each task for that month, associated percentage billing against each task, and total billing for that month. In the event the Agreement is based on time & materials billing up to a not-to-exceed amount, the bill shall itemize by date all services and expenses provided during the invoice period (under this Agreement) including a brief description of the nature of work performed, the person or vendor performing them, the applicable billing rate, and the time expended. All Consultant service invoices must be approved by either the Public Works Director or the City Manager prior to payment.

2.0 OBLIGATIONS OF CONTRACTOR

2.01 Contract Management and Service Performance: Consultant Principal shall serve as the project manager and will personally prepare, or direct and supervise the preparation of, all work product called for by this agreement. Consultant represents that it has the qualifications, experience and facilities to properly perform all services hereunder in a thorough, competent, timely, and professional manner and shall, at all times during the term of this Agreement, have in full force and affect all licenses required of it by law. Consultant agrees to devote the hours and the human resources necessary to timely perform the services set forth in this agreement in an efficient, professional, and effective manner.

2.02 Avoidance of Conflict of Interest.
a) Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant’s sole discretion, as long as the performance of these extracontractual services does not interfere with or present a conflict with City’s business or interfere with the timely performance and completion of Consultant’ s services under this Agreement. b) Consultant shall comply with all conflict of interest laws and regulations including, without limitation, the City’s Conflict of Interest Code (on file in the City Clerk’s Office). All officers, employees and/or agents of Consultant who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest. Therefore, it is incumbent upon the Consultant to notify the City of any staff changes relating to this Agreement.
c) In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of the Consultant unless as indicated in Subsection ( d), will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection ( d). _____ (Initials).

N/A
d) In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following persons shall be subject to the City’s Conflict of Interest Code.

2.03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.

DocuSign Envelope ID: 3128B128- A988-4AD4-BB20-800F5196B1FB 93 MNS Engineers, Inc. – Municipal Facilities Master Plan

2.04 Workers’ Compensation and Other Employee Benefits: City and Consultant intend and agree that Consultant is an independent contractor of City and agree that Consultant and Consultant’ s employees and agents have no right to Workers’ Compensation and other Citysponsored employee benefits. Consultant agrees to provide Workers’ Compensation and other employee benefits, where required by law, for Consultant’ s employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Consultant and any of Consultant’ s employees or agents.

2.05 Indemnification
a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’ s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph (a). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“ claims”), arising out of the Consultant’ s performance or Consultant’ s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’ s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs (a) or (b). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party DocuSign Envelope ID: 3128B128- A988-4AD4-BB20-800F5196B1FB 94 MNS Engineers, Inc. – Municipal Facilities Master Plan to any action, lawsuit, or other adversarial proceeding arising from Consultant’ s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’ s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. d) Payment by City is not a condition precedent to enforcement of the indemnities in paragraph (a), (b), or (c). In the event of any dispute between Consultant and City, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 2.05 shall survive completion of Consultant’ s services or the termination of this Agreement.

2.06 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement.

3.0 OBLIGATIONS OF CITY

3.01 Cooperation: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant’ s duties under this agreement. City employees, agents and officers of the City agree to disclose all information relevant to this project to Consultant. Consultant shall be entitled to reasonably rely upon the accuracy and completeness of information furnished by City, provided that Consultant shall give City prompt written notice of any known defects in such information.

4.0 TERMINATION OF AGREEMENT

4.01 Termination Notice: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30 (thirty) days’ prior written notice to the other parties to this agreement.

4.02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
a. Sale of the business of any party;
b. The end of the 30 (thirty) days as set forth in section 4.01; c. End of the contract to which Consultant’s services were necessary; or d. Assignment of this agreement by Consultant without the consent of City. e. Death of any party.

4.03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the non-breaching party, at its option, DocuSign Envelope ID: 3128B128- A988-4AD4-BB20-800F5196B1FB 95 MNS Engineers, Inc. – Municipal Facilities Master Plan may terminate this agreement, immediately, by giving written notice of termination to the breaching party.

4.04 Termination: This agreement shall terminate on June 30, 2023 unless earlier extended as set forth in this Section. The City, with the agreement of Consultant, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions as set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement.

5.0 SPECIAL PROVISIONS

5.01 Additional Tasks as May Be Assigned by the City Manager: Prior to initiating any Consultant work on matters relating to the purposes of this Agreement, but outside the Scope of Services for this Agreement, it shall be the responsibility of Consultant to obtain written approval of the City Manager, prior to initiation of such tasks.

5.02 Time Schedule: Consultant is to begin work upon receipt and execution of City contract. It is contemplated that most of the services hereunder will be completed on or before.

TIME IS OF THE ESSENCE OF THIS CONTRACT. Consultant agrees to engage its best efforts to adhere strictly to the schedule set forth in Exhibit A and incorporated herein.

5.03 Work Outside Contract Scope: No payment for changed or additional work shall be made unless the changed or additional work has first been approved in writing by the City Manager and the parties have agreed upon the appropriate adjustment, if any, to the payment schedule and maximum payment amount for the changed or additional work. The Contract Manger may order changes or additions to the scope of work. Whether a change or addition to the scope of work is proposed by the Consultant or ordered by the City Manager, the parties shall in good faith negotiate an appropriate adjustment, if any, to the payment schedule and maximum payment for the changed or additional work. An approved change or addition, along with the payment adjustment, if any, will be effective upon an amendment to this contract executed by both parties. The amendment shall not render ineffective or invalidate unaffected portions of this contract.

5.04 Confidentiality:
a) Confidential Nature of Information. Consultant shall treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City.

Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this contract as confidential.
b) Limitation on use and disclosure. Consultant agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Consultant’ s scope of work. Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City. c) Security plan. If requested by the City Manager, Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the performance of work is not used for any unauthorized purpose or disclosed to unauthorized persons.

Consultant shall advise the City of any request for disclosure of information or of any actual or potential disclosure of information.

DocuSign Envelope ID: 3128B128- A988-4AD4-BB20-800F5196B1FB 96 MNS Engineers, Inc. – Municipal Facilities Master Plan d) Survival. Consultant’ s obligations under this paragraph shall survive the termination of this contract.

6.0 MISCELLANEOUS

6.01 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and delivered or, in lieu of such personal service, when deposited in the United States mail, first class postage prepaid, to the following address for each respective party:

PARTY ADDRESS
TO: CITY OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Copy to: Dave Fleishman
City Attorney
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
TO CONSULTANT: MNS Engineers, Inc.
201 Industrial Way,
Ste A
Buellton CA 93427

6.02 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time, should any need for interpretation of this agreement or any decision or holding concerning this agreement arise.

6.03 Binding Effect: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as consent by City to any assignment of this agreement or any interest in the agreement.

6.04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.

6.05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties.

6.06 Ownership of Work Product: Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of the City. Consultant agrees that all copyrights, which arise from creation of the work pursuant to this contract, shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the DocuSign Envelope ID: 3128B128- A988-4AD4-BB20-800F5196B1FB 97 MNS Engineers, Inc. – Municipal Facilities Master Plan suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

6.07. Integration and Modification: This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.

6.08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.

6.09. Independent Review: Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.

6.10. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach hereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.

6.11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement.

6.12. Assignment: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement, giving rise to a right to terminate as set forth in Section 4.03.

6.13. Time for Performance: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, epidemics, pandemics, or any other cause, except financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement of the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.

6.14 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.

DocuSign Envelope ID: 3128B128- A988-4AD4-BB20-800F5196B1FB 98 MNS Engineers, Inc. – Municipal Facilities Master Plan

6.15. Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate.

6.16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all the parties to this agreement.

6.17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

IN WITNESS WHEREOF, the parties have executed this contract on the following date.

CITY OF SOLVANG CONTRACTOR
MNS ENGINEERS, INC.

By: By:

Xenia Bradford, City Manager Jeff Edwards, Vice President Date: Date:

APPROVED AS TO FORM
Richards, Watson & Gershon
By:

Craig Steele, Interim Assistant City Attorney
Date:

ATTEST:

Annamarie Porter, City Clerk
DocuSign Envelope ID: 3128B128- A988-4AD4-BB20-800F5196B1FB 7/ 27/ 2022
20227/ 7/ 27/ 27/ 2022
99 MNS Engineers, Inc. – Municipal Facilities Master Plan

EXHIBIT A

SCOPE OF WORK,
Task 1 – Project Management, Meetings and Coordination
MNS shall provide all contract management, communications, and quality control services throughout the duration of the project. Project management responsibilities shall include, but not be limited to: Schedule and attend monthly meetings; Coordinate with City Public Works and Utilities staff and the various other designated department leads; Prepare and submit brief monthly progress report with monthly progress payment request; and provide Quality Assurance/Quality Control by qualified staff.

Task 2 – Research and Data Collection
MNS will review and request pertinent documents relevant to the facilities and equipment within facilities such as record drawings and equipment manuals, etc. MNS will work with the City to locate and access archive files whether electronic or physical, as well as utilize the Insurance Valuation Report of Tangible Property Assets for the City of Solvang dated February 3, 2020.

When historical data is not available, MNS will follow industry standards to make assumptions and highlight the assumptions made, whether it be in the facility assessment forms or the overall MFMP document. MNS will coordinate findings with the City prior to moving forward with the Conditions Assessment task to have concurrence that the background information to be utilized in the MFMP is acceptable.

Task 3 – Facilities/Property Inventory and Conditions Assessment MNS will provide qualified staff with skills in facility assessment to conduct evaluation of City facilities as listed above. The on-site assessments will be coordinated and scheduled with City staff to gain access to facilities as necessary. MNS will utilize standardized templates for checklists containing historical information gathered during Task 2 and then facility checklists covering the full facilities assessment scope. MNS will work with the City to determine if a more efficient and desired function of this task would be to have access to the City’s Asset Essentials program and existing record and perform the inspections inputting the data into the program concurrently. MNS staff will perform visual inspection and photo document each facility to identify systems-level deficiencies and life-cycle conditions.

The conditions assessment document shall contain at a minimum:

Brief narrative describing facility findings
Categorization of immediate, short-term, and long-term capital repair and replacement requirements with project timelines including:
o Estimated life expectancy
o Identify major repairs and immediate actions needed (present to 5 year range) o Estimate cost of repairs
o Identification of major repairs (15 years and beyond) o Estimate cost of future repairs
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MNS Engineers, Inc. – Municipal Facilities Master Plan
Task 4 - Deliverables
Facility/Property Conditions Assessment ( either word and PDF format and/or electronically utilizing the City’s Asset Essentials management program).

PROJECT SCHEDULE
The proposed schedule for this project is 12 months.

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EXHIBIT B

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide the following types and amounts of insurance:

Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, or a City approved equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence and in the aggregate.

Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or theequivalent. Limits are subject toreview, but in no event tobe less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by anon-owned auto endorsement tothe general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.

Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written onapolicy form coverage specifically designed to protect against acts, errors or omissions ofthe consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must pay onbehalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in thestate of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.

General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or a City approved equivalent. Consultant also agrees torequire all contractors, and subcontractors to dolikewise.

2. No liability insurance coverage provided tocomply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and torequire all contractors and subcontractors to dolikewise.

3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement DocuSign Envelope ID: 3128B128- A988-4AD4-BB20-800F5196B1FB 102
MNS Engineers, Inc. – Municipal Facilities Master Plan
or any other agreement relating to the City or its operations limits the application of such insurance coverage.

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

5. Consultant’s general liability policy shall not contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, reasonable modification and reasonable additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and anadditional insured endorsement to Consultant’s general liability policy, shall be delivered to City at or prior tothe execution ofthis Agreement. Inthe event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.

8. Certificate(s) are to reflect that the insurer will provide 30days notice to City of any cancellation of coverage by the carrier.

9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on aprimary, noncontributing basis in relation to any other insurance or self insurance available to City.

10. Consultant agrees to require that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged inthe project will besubmitted to City for review.

11. If Consultant’s existing coverage includes a deductible or self-insured retention, thedeductible or selfinsured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. Consultant shall beresponsible for paying any deductibles or self-insured retentions on its policies.

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can bedeemed to bein furtherance of or towards performance of this Agreement.

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14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

18. Requirements of specific coverage features or limits contained inthis section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains toagiven issue, and is not intended by any party or insured tobe limiting or all-inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by theparties here to be interpreted as such.

20. The requirements inthis Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.

21. Consultant agrees to be responsible for ensuring that no contract used between itself and its subconsultants reserves the right tocharge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.

There shall be norecourse against City for payment of premiums or other amounts with respect thereto.

22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

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EXHIBIT C

SCHEDULE OF FEES
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Agenda Item: 4.h
Solvang City Council
Solvang City Council STAFF REPORT
PREPARED BY: Rodger A. Olds – Public Works Director
MEETING DATE: June 12, 2023
SUBJECT: Approve Amendment 3 to the Agreement with Moore & Associates for Transit Management and Marketing Services for the additional amount not to exceed $87,000 for a new total contract not to exceed $825,758, and to extend the term to June 30, 2024, and authorize the Mayor to execute on behalf of the City.

DISCUSSION:

The City of Solvang administers the Santa Ynez Valley Transit (SYVT) bus service on behalf of Solvang, Buellton and the County of Santa Barbara. SYVT links the cities of Buellton and Solvang and provides service throughout the Santa Ynez Valley. SYVT operates a fixed-route service and a Dial-ARide service. SYVT has grown over the years from a lightly utilized service to a vital transportation option within the Santa Ynez Valley. The County-wide transit system has grown to include service between Lompoc, Buellton and Solvang (Wine Country Express), as well as service between Santa Maria, Los Alamos, Buellton and Solvang (Breeze 200).

Administration and operation of SYVT is highly complex due to the Federal and State funding sources, extensive government regulations, extensive reporting requirements, multiple agencies involved, specialized areas requiring expertise, customer service demands, and overall time demands.

Current City staffing levels are insufficient to handle all of the administrative, accounting, and reporting requirements for proper functioning of the Santa Ynez Valley Transit bus service. In addition, City staff does not possess the specialized marketing expertise required for SYVT.

Moore & Associates has provided professional Transit Management and Marketing services to the City and SYVT since 2014. They have been integral to the success of the SYVT. Moore & Associates has agreed to a one-year time extension at the current contract rate. The City anticipates releasing a request for proposal (RFP) by the end of next year for a new multi-year contract for Transit Management and Marketing services.

ALTERNATIVES:

Should the City Council not authorize staff to execute the contract with Moore and Associates, City Staff would be forced to manage the SYVT transit service in house. Current staff does not have the capacity nor the professional expertise to manage the SYVT transit service effectively or efficiently.

FISCAL IMPACT:

The annual cost of management and marketing services is anticipated to be $87,000. This is paid for through transit funds received by the City for providing the service.

ATTACHMENTS:

A. Contract Amendment No. 3
B. Original agreement and prior amendments
107
AMENDMENT NO. 3
to the Agreement with

MOORE & ASSOCIATES INC
THIS THIRD AMENDMENT is made and entered into this 1
st day of July, 2023 between the
CITY OF SOLVANG, a municipal corporation and Charter City (City) and MOORE & ASSOCIATES INC, a California Corporation (Contractor). In consideration of the mutual covenants and conditions set forth in the second amendment dated March 26, 2019, the first amendment dated February 24, 2014, and the original Agreement dated, October 28, 2013,for continued Transit Management Services, the parties agree to increase the additional not to exceed amount by $87,000. for a total contract amount not to exceed $825,758. and to a contract time extension. The contract termination date is hereby extended to June 30, 2024.

All remaining portions of the original Agreement and amendments shall remain in full force and effect.

CITY OF SOLVANG MOORE & ASSOCIATES INC

Mark Infanti, Mayor Jim Moore, CEO
APPROVED AS TO FORM:

Dave Fleishman, City Attorney
ATTEST:

Annamarie Porter, City Clerk
Attachment A Attachment A
108
AMENDMENT NO, 2

PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT is rnade and. entered into this 26"' day of March 2019, between the CITY OF SOLVANG, a municipal corporation,, and Mpole & A, sLqLjTtesjnc. h) Consideration of the rnutual, covenants and conditions set Barth in the original Agreement dated, October 28, 2,OLL the parties agree to a dirie extejasion extending the c(,.)ntract tcrrnination date to ,lure 30. 2023.

All reniuinijag portions of the original Agreement shall retiaain ire full tbrce and effect, Effective date: December 30, 201&
T'ONSULTANT"
MOORE & ASS() CIATES, INC.'.

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Attachment B Attachment B
109
AMENDMENT NO. 1

PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT is made and entered into this 20 day of February 2014, between the CITY OF SOLVANG, a municipal corporation, and Moore & Associates, Inc. In consideration of the mutual covenants and conditions set forth in the original Agreement dated, October 28, 2013, the parties agree to an addition to the contract scope of work and fee as submitted by Moore & Associates, Inc.

Moore & Associates, Inc. has submitted its proposal to provide additional services as set forth in Exhibit " D" for the fee of $10, 498 also indicated in Exhibit " D".

All remaining portions ofthe original Agreement shall remain in full force and effect.

CONSULTANT"
MOORE & ASSOCIATES, INC.
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EXHIBIT " D"
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28159 avenue stanford, suite 110
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661. 253. 1208 : f
www. moore- associates. net
from: Jose Perez
Santa Ynez Valley Transit:
re: Title VI Plan, Scope of Work date: February 10, 2014 The purpose of this memo is to finalize the project scope for SYVT' s Title VI Plan.

The Federal Transit Administration has developed a comprehensive series of requirements all FTA funding recipients must follow to ensure full compliance with Title VI. Title VI of the Civil Rights Act of 1964 is applied in such a manner so as to ensure environmental justice for minority and low- income communities. Section 601 states:

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

The Civil Rights Restoration Act of 1987 further clarified the application of Title VI extends to all operations of covered entities, whether or not specific elements of the program receive Federal funding.

Per the guidance in FTA Circular C 4702. 113, all FTA transit funding recipients must submit the following elements as part of their Title VI program:

Title VI Notice to the Public (including onboard vehicles, website, etc.).

Title VI Complaint Procedures ( i. e., instructions to the public regarding how to file a Title VI discrimination complaint).

Title VI Complaint Form.

List of transit -related Title VI investigations, complaints, and legal actions.

Public Participation Plan, including information about outreach methods intended to engage minority and limited -English proficient populations ( LEP), as well as a summary of outreach efforts made since the City' s prior Title VI submission.

Language Assistance Plan for providing language assistance to persons of limited -English proficiency ( LEP) based on DOT LEP Guidance.
111
A table depicting the membership of non -elected committees and councils, the composition of which is selected by the recipient ( segregated by race/ ethnicity), and a description of the process which the City employs to encourage the participation of members of such committees.

A Title VI equity analysis if the recipient has constructed a public transportation -related facility, such as a vehicle storage facility ( e. g., maintenance facility, operation center).

A copy of board meeting minutes, resolution, or other appropriate documentation showing the board of directors or appropriate governing entity or official( s) responsible for policy making reviewed and approved the City' s Title VI Program. Formal approval must occur prior to submission of the City' s Plan to the FTA.

In addition, any fixed -route transit provider must submit:

Service standards,
Vehicle load for each mode ( fixed - route and Dial -A -Ride), Vehicle headway for each mode,
On -time performance for each mode,
Service availability for each mode,
Customer amenities for each mode, and
Vehicle assignment for each mode.

In order to complete the required Title VI Plan Moore & Associates proposes the following scope of work.

Scope of Work
The Scope of Work presented below is intended to fulfill both the requirements and spirit of Title VI noticing and reporting with respect to the SYVT transit program. It is to be used as much as a guiding document as a formal reporting mechanism.

Task 1: Demographic Analysis
Under this task, Moore & Associates will conduct a comprehensive analysis of populations residing within the boundaries of the SYVT service area. Using Census 2010 data and subsequent American Community Survey data, along with data from the California Department of Finance, Moore & Associates will identify concentrations of low- income and minority populations and document languages spoken within the SYVT service area. All demographic data will be presented in narrative and graphical format using ArcGIS.

Task 2: Four -Factor Analysis and Language Assistance Plan To address the FTA' s requirement to provide meaningful access to public transit to persons with limited - English proficiency ( LEP), Moore & Associates will prepare a Four -Factor Analysis and associated Language Assistance Plan. The Four -Factor Analysis will address the following:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or recipient. Using the demographic data collected in Task 1, Moore & Associates will identify the number of individuals who cite use of languages other than English, as well as what percentage of those indicated speaking English " less than very well." This task may also include outreach to community -based resources to provide insight as to the level of literacy of the 112
target population within its native language, as well as whether members of the population group are deemed as " underserved" due to language barriers.

2. The frequency with which LEP persons come into contact with the program. Moore & Associates will utilize a number of resources and methodologies to determine how frequently LEP persons come into contact with SYVT. Proposed activities include a driver survey, analysis of recent customer service logs and public participation summaries, and a community intercept survey focusing on any residential areas identified as having potentially significant populations of LEP individuals.

3. The nature and importance of the program, activity, or service provided by the program to people' s lives. This factor will primarily be addressed via the aforementioned community intercept survey.

4. The resources available to the recipient for LEP outreach, as well as the costs associated with that outreach. Speakers of each identified language who may be employed by SYVT and/ or its operations contractor will be identified, along with their potential for participation in public outreach activities. Where no speakers exist, the cost of outside translation/ interpretation will be presented. Moore & Associates will also identify the cost of producing materials in nonEnglish languages if so warranted.

Following the completion of the Four -Factor Analysis, our project team will prepare a Language Assistance Plan to guide the implementation of those services deemed relevant/ necessary given the demographic composition of the SYVT service area. At a minimum, the Language Assistance Plan will include the following components:

The results of the Four -Factor Analysis,
SYVT' s current provision of language assistance ( by language), SYVT' s current practice regarding the notification of LEP persons of the availability of language assistance,
An assessment of ongoing monitoring and updating of the Language Access Plan, and A description of employee training specific to language assistance.

The Language Assistance Plan will include any actions the City will need to take to ensure full SYVT compliance with Title VI regarding language accessibility, including specific documents that require translation, recommended signage and postings, public involvement recommendations, and staff training resources. The Plan will also provide recommendations regarding additional steps the City can take to improve access to transit information that go above and beyond what is required by Title VI, which can be implemented as funding allows.

Task 3: Service Analysis
Given the relatively small scope of the SYVT program, the City is not required to collect and report data regarding customer demographics and travel patterns.

However, the FTA does require the establishment of system -wide service standards and policies. These can then be used for future assessments to ensure those routes serving minority communities meet minimum service standards. Moore & Associates will assist the City in developing ( or updating) service standards for SYVT' s fixed -route service, including vehicle load ( by vehicle type), headways ( including peak and off-peak, if different), on -time performance ( versus published schedules), and service availability ( i. e., distance between bus stops, percentage of population within one -quarter mile of bus service, etc.).
113
This task also includes an update of qualitative service policies regarding vehicle assignments and the provision of transit rider amenities. The updated vehicle assignment policy will ensure vehicle assignments are based on operating conditions and ridership needs, and that newer vehicles are equitably distributed among all routes. Likewise, SYVT' s transit rider amenities policy will advance criteria ( typically based on passenger boardings at a given bus stop) for the improvement of bus stops i. e., installation of benches, shelters, etc.). Moore & Associates will work closely with the City' s operations contractor to ensure feasibility of the policy and its implementation.

Task 4: Review of Investigations, Complaints, and Lawsuits Moore & Associates will thoroughly review all instances of complaints relevant to Title VI, as well as document the status of any investigations or lawsuits that may exist (whether in progress or completed).

Moore & Associates will also examine SYVT' s established procedures for addressing Title VI complaints to ensure they are in compliance with FTA Circular C 4702. 18, as well as the extent of noticing regarding Title VI ( including a list of locations where the Title VI notice is to be posted).

Task 5: Draft Title VI Plan
Upon completion of the prior tasks, Moore & Associates will prepare the Draft Title VI Plan. In addition to the deliverables describes above, the Draft Plan will also include a review of non - elected committee membership, a Title VI Equity Analysis for any planned facility development ( including non -transit specific facilities), and review and update of all relevant notices and forms, including the Title VI Notice to the Public and Title VI Complaint Form. The project report will be organized in the following manner:

1. Executive Summary;

2. Demographic Analysis;

3. Four - Factor Analysis;

4. Language Assistance Plan;

5. Summary of Complaints, Investigations, and Legal Actions;

6. Summary of Non -Elected Committee Membership;

7. Fixed - Route Service Standards and Policies;

8. Title VI Equity Analysis ( if deemed necessary);

9. Appendices containing the following:
a. Title VI Notice to the Public,
b. Title VI Complaint Procedures,
c. Title VI Complaint Form, and
d. Documentation of Title VI Program approval.

Upon completion of the Draft Plan, Moore & Associates will submit same for City staff review and comments.

Task 6: Final Title VI Plan
Following review of the Draft Program by City staff, Moore & Associates will address any comments or changes identified therein and prepare the Final Title VI Program. We will also prepare the associated staff report with respect to SYVT' s Title VI compliance. We recommend a public review period of not less than two weeks prior to the presentation of the Final Program to the city council for a public hearing and approval. If desired, our project manager will present the Final Title VI Program to the Solvang council prior to its approval. Upon approval, Moore & Associates will update the document to reflect Solvang city council approval for submittal to the FTA. 114
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CITY OF SOLVANG

PROFESSIONAL SERVICES AGREEMENT
This agreement is made upon the date of execution, as set forth below, by and between Moore & Associates (" Consultant"), a professional transit consulting firm, and the City of Solvang (" City"). The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:

1. 0 GENERAL PROVISIONS

1. 01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.

1. 02 Services : Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

Consultant shall determine the method, details and means of performing the above -referenced services.

Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement. However, Consultant may not assign this agreement to any other person or entity in the performance of required project -related services, and the City may not control, direct or supervise Consultant' s assistants or employees in the performance of those services.

1. 03 Standard of Performance: Consultant' s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant' s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant or its subcontractors. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.

1. 04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional transit consulting services in accordance with the rates set forth in Exhibit A. The parties 117
SYVT Management & Marketing Services
Professional Services Agreement

Page 2 ends

agree that total compensation for fees and costs for the services detailed in Exhibit A shall not exceed $ 32,500 for the second half of Fiscal Year 2013- 14, $ 65,000 for Fiscal Year 2014- 15, and as indicated in the Project Budget schedule ( Exhibit A) for subsequent fiscal years, unless and until this Agreement is amended as provided herein.

1. 05 Billina/ Payment Terms. All charges for Consultant' s services and related reimbursable expenses shall be billed monthly, and all undisputed charges will be paid by City within 30 ( thirty) days of receipt. The bills will itemize by date all services and expenses provided for the invoice period under this Agreement including a brief description of the nature of work performed, the person performing or vendor providing them, the applicable billing rate, the time expended. All Consultant service invoices must be approved by either the Public Works Director or the City Manager, prior to payment.

2. 0 OBLIGATIONS OF CONTRACTOR

2. 01 Contract Management and Service Performance: Consultant Principal shall serve as the project manager and will personally prepare, or direct and supervise the preparation of, all work product called for by this agreement. Consultant represents that it has the qualifications, experience and facilities to properly perform all services hereunder in a thorough, competent, timely, and professional manner and shall, at all times during the term of this Agreement, have in full force and affect all licenses required of it by law. Consultant agrees to devote the hours and the human resources necessary to timely perform the services set forth in this agreement in an efficient, professional, and effective manner.

2. 02 Avoidance of Conflict of Interest. Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant' s sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City' s business or interfere with the timely performance and completion of Consultant' s services under this Agreement.

Consultant shall comply with all conflict of interest laws and regulations including, without limitation, the City' s Conflict of Interest Code ( on file in the City Clerk' s Office). All officers, employees and/ or agents of Consultant who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest. Therefore, it is incumbent upon the Consultant or Consulting Firm to notify the City of any staff changes relating to this Agreement.

A. In accomplishing the scope of services of this Agreement, all officers, employees and/ or agents of the Consultant( s) unless as indicated in Subsection B, will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/ or agents of Consultant, except as indicated in Subsection B. ( Initials).

B. In accomplishing the scope of services of this Agreement, Consultant( s) will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultants work product will be 118
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presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following Consultant(s) shall be subject to the City' s Conflict of Interest Code.

2. 03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.

2. 04 Workers' Compensation and Other Employee Benefits: City and Consultant intend and agree that Consultant is an independent contractor of City and agree that Consultant and Consultant' s employees and agents have no right to Workers' Compensation and other City -sponsored employee benefits. Consultant agrees to provide Workers' Compensation and other employee benefits, where required by law, for Consultant' s employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Consultant and any of Consultant' s employees or agents.

2. 05 Indemnification: General Professional Services: Professional Consultant hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from the negligent acts, errors or omissions of Consultant's or any of Consultant's employees' or agents' operations under this agreement, whether such operations be by Consultant or by any one or more persons directly or indirectly employed by, or acting as agent for, Consultant; provided as follows:
a) To the fullest extent permitted by law, the Consultant shall ( 1) immediately defend, and ( 2) indemnify the City of Solvang, and its elected officials, officers, and employees from and against all liabilities regardless of nature or type arising out of or resulting from Contractor' s performance of services under this contract, or any negligent or wrongful act or omission of the Consultant or Consultant' s officers, employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. The Consultant' s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, the Consultant' s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.
b) The review, acceptance or approval of the Consultant' s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant' s indemnification 119
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or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions ofthis contract relating to insurance.

2. 06 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part ofthis agreement

3. 0 OBLIGATIONS OF CITY

3. 01 Cooperation: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant' s duties under this agreement. City employees, agents and officers of the City agree to disclose all information relevant to this project to Consultant.

4. 0 TERMINATION OF AGREEMENT

4. 01 Termination Notice: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30 (thirty) days' prior written notice to the other parties to this agreement.

4. 02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
a. Sale of the business of any parry;
b. The end ofthe 30 ( thirty) days as set forth in section 4. 01; C. End of the contract to which Consultant' s services were necessary; or d. Assignment of this agreement by Consultant without the consent of City. e. Death of any party.

4.03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the non - breaching party, at its option, may terminate this agreement, immediately, by giving written notice oftermination to the breaching party.

4.04 Termination: This Agreement shall terminate on December 31, 2018, unless extended as set forth in this Section. The City, with the agreement of Consultant, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions as set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement.

5. 0 SPECIAL PROVISIONS

5. 01 Additional Tasks as May Be Assigned by Public Works Director or the City Manager: Prior to initiating any Consultant work on matters relating to management and marketing for the Santa Ynez Valley Transit ( SYVT), but outside this contract, it 120
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shall be the responsibility of Consultant to obtain written approval of the Public Works Director, or the City Manager, prior to initiation of such tasks.

5. 02 Time Schedule: Consultant is to begin work under this Agreement on January 19 2014, and upon receipt and execution of City contract. TIME IS OF THE ESSENCE OF THIS CONTRACT. Consultant agrees to engage its best efforts to adhere strictly to the schedule set forth in Exhibit A and incorporated herein.

5. 03 Work Outside Contract Scone: No payment for changed or additional work shall be made unless the changed or additional work has first been approved in writing by the Contract Manager and the parties have agreed upon the appropriate adjustment, if any, to the payment schedule and maximum payment amount for the changed or additional work. The Contract Manger may order changes or additions to the scope of work. Whether a change or addition to the scope of work is proposed by the Consultant or ordered by the Contract Manager, the parties shall in good faith negotiate an appropriate adjustment, if any, to the payment schedule and maximum payment for the changed or additional work. An approved change or addition, along with the payment adjustment, if any, will be effective upon an amendment to this contract executed by both parties. The amendment shall not render ineffective or invalidate unaffected portions of this contract.

5. 04 Confidentiality:
a) Confidential Nature of Information. Consultant shall treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City. Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this contract as confidential. b) Limitation on use and disclosure. Consultant agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Consultant' s scope of work. Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City.
c) Security plan. If requested by the Contract Manager, Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the performance of work is not used for any unauthorized purpose or disclosed to unauthorized persons. Consultant shall advise the City of any request for disclosure of information or of any actual or potential disclosure of information. c) Survival. Consultant' s obligations under this paragraph shall survive the termination of this contract.

6. 0 FEDERAL REQUIREMENTS
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6. 01 Energy Conservation: The Consultant agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

6. 02 Access to Records & Reports: The following access to records requirements apply to this Contract:

1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R.

18. 36( i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any oftheir authorized representatives access to any books, documents, papers and records ofthe Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633. 17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S. C. 5302( a) 1, which is receiving federal financial assistance through the programs described at 49 U. S. C. 5307, 5309 or 5311.

2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F.R. 633. 17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor' s records and construction sites pertaining to a major capital project, defined at 49 U. S. C. 5302( a) l, which is receiving federal financial assistance through the programs described at 49 U. S. C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000.

3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R.

19. 48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General ofthe United States or any oftheir duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

4. Where any Purchaser which is the FTA Recipient or a subgrantee ofthe FTA Recipient in accordance with 49 U. S. C. 5325( a) enters into a contract for a capital project or improvement ( defined at 49 U. S. C. 5302( a) l) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
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6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date oftermination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.

Reference 49 CFR 18. 39( i)( 11).

7. FTA does not require the inclusion of these requirements in subcontracts.

6. 03 Federal Chanties: Consultant shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Consultant' s failure to so comply shall constitute a material breach ofthis contract.

6. 04 Recycled Products: The Consultant agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act ( RCRA), as amended 42 U. S. C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

6. 05 No Government Obligation to Third Parties: 1) The Purchaser and Consultant acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Consultant, or any other party ( whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2) The Consultant agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

6.06 Program Fraud and False or Fraudulent Statements and Related Acts: 1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U. S. C. § § 3801 et sec . and U.S. DOT regulations, Program Fraud Civil Remedies," 49 C. F. R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the 123
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Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U. S. C. § 5307, the Government reserves the right to impose the penalties of 18 U.S. C. § 1001 and 49 U.S. C. § 5307( n)( 1) on the Contractor, to the extent the Federal Government deems appropriate. 3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

6. 07 Termination: See Section 4.0 TERMINATION OF AGREEMENT above.

6. 08 Government -Wide Debarment and Suspension ( Nonprocurement): This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Consultant is required to verify that none of the Consultant, its principals, as defined at 49 CFR

29. 995, or affiliates, as defined at 49 CFR 29. 905, are excluded or disqualified as defined at 49 CFR 29. 940 and 29. 945. The Consultant is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its proposal, the proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Solvang. If it is later determined that the proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Solvang, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

6. 09 Civil Rights: The following requirements apply to the underlying contract:
1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U. S. C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S. C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S. C. § 12132, and Federal transit law at 49 U.S. C. § 5332, the Consultant agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Consultant agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:
a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U. S. C. § 2000e, and Federal transit laws at 49 U.S. C. § 5332, the Consultant agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S.

DOL) regulations, " Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C. F. R. Parts 60 et seq., which implement Executive Order No. 11246, ' Equal Employment Opportunity," as amended by Executive Order No. 11375, " Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 124
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U.S. C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Consultant agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue.
b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U. S. C. § § 623 and Federal transit law at 49 U.S. C. § 5332, the Consultant agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue.
c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S. C. § 12112, the Consultant agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, " Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Consultant agrees to comply with any implementing requirements FTA may issue. 3) The Consultant also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

6. 10 Disadvantaged Business Enterprise ( DBE): a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises ( DBE) is 10%.
b. The Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Solvang deems appropriate. Each subcontract the Consultant signs with a subcontractor must include the assurance in this paragraph ( see 49 CFR 26. 13( b)). c. The successful Consultant will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The Consultant is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor' s receipt of payment for that work from the City of Solvang. In addition, the Consultant may not hold retainage from its subcontractors. e. The Consultant must promptly notify the City of Solvang whenever a DBE 125
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subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Consultant may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent ofthe City of Solvang.

6. 11 Incorporation of Federal Transportation Administration Terms: The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Consultant shall not perform any act, fail to perform any act, or refuse to comply with any ( name of grantee) requests which would cause ( name of grantee) to be in violation of the FTA terms and conditions.

6. 12 Contract Options: None.

7. 0 MISCELLANEOUS

7. 01 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and delivered or, in lieu of such personal service, when deposited in the United States mail, first class postage prepaid, to the following address for each respective party:

PARTY ADDRESS
TO: CITY OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Copy to: Roy Hanley
City Attorney

HANLEY & FLEISHMAN, LLP
8930 Morro Road
Atascadero, CA 93422
TO CONSULTANT:

VAt" Gt N , C q 135
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7. 02 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time, should any need for interpretation of this agreement or any decision or holding concerning this agreement arise.

7. 03 Binding Effect: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in the agreement.

7. 04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.

7. 05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf ofthe parties.

7.06 Ownership of Work Product: Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property ofthe City. Consultant agrees that all copyrights, which arise from creation of the work pursuant to this contract, shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

7. 07. Integration and Modification: This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void.

No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.

7. 08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.

7. 09. Independent Review: Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any 127
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statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.

7. 10. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach hereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.

7. 11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach ofthis agreement.

7. 12. Assignment: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach ofthis agreement, giving rise to a right to terminate as set forth in Section 4.03.

7. 13. Time for Performance: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act ofGod, strike, lockout, labor trouble, inability to secure materials, or any other cause, except financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period oftime equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement of the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.

7. 14 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.

7. 15. Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate.

7. 16. Amendments: Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all the parties to this Agreement.

7. 17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
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IN WITNESS WHEREOF, the parties have executed this contract on the following date.

Moore & Associates ( Consultant):

Date: b ( IO 3
By:

President
City of Solvang:

Date: \ - 4—i
I
By:

APPROVED AS TO FORM:

City Attorney: HANLEY & FLEISHMAN, LLP
Date: By:

Hanley
C6 Attorney
129

EXHIBIT A

SCOPE OF WORK
Part I: Program Management
Task 1: Service Performance Monitoring. Consultant shall meet regularly (no less frequently than every six weeks) with the Transit Operations Contractor and City staff to review progress of key milestones and system performance. In doing so, the Consultant shall review monthly performance and operating data, and as warranted, offer analysis and/or recommendations for enhancing program performance. In addition, the Consultant shall assist the City in implementing the recommendations arising from the City' s 2012 Short Range Transit Plan and future transit plans.

Task 2: Financial Planning and Budgeting. Consultant shall assist the City with financial/ program planning and budgeting in support of the SYVT program. Consultant shall develop and submit any required reports including, but not limited to the annual NTD RU-20 report, assistance with the annual State Controller report ( with respect to transit), and any transit audit reports. Consultant shall create and submit required reports for existing funding sources such as FTA Section 5311, and assist with various claims and staffreports that must be produced and submitted to secure funding. Consultant shall coordinate with the Federal Transportation Administration, Caltrans, and SBCAG as necessary.

Consultant shall forecast funding needed for program expansion and future capital investments.

Task 3: Grant Preparation and Compliance. Consultant shall administer grants with assistance from the City including grant preparation, submittal, allocation requests, and compliance in support ofthe SYVT program. Consultant shall develop and submit required grant progress reports. Consultant shall actively identify and apply for future grant funding as it becomes available.

Task 4: Coordination. Consultant shall assist the City in coordinating with other transit providers in Santa Barbara County, cooperative promotional efforts, and potential fare matters. Consultant staff shall also participate in discussions with JPA partners as requested. Consultant shall assist City staff in the preparation of SYVT related staff reports as necessary. The City of Solvang hosts numerous " special events" throughout the year. Consultant shall act as liaison and coordinate between the special event promoter and the SYVT operations contractor whenever special events may affect normal operations.

Task 5: Contract Procurement. Consultant shall manage vehicle ( fleet) procurement with assistance from the City including research, RFP preparation as necessary, and bid solicitation and evaluation.

Consultant shall also, on a periodic basis, manage procurement of operations contractor, vehicle maintenance contractor, and other capital purchases with assistance from the City.

Task 6: Service Planning. Consultant shall assist the City with respect to ongoing service planning activities arising from the continuing development of the SYVT program. Such activities could include route planning, schedule development, stop placement, fare policy, and fleet development. Consultant shall take an active role and provide recommendations to the City on a regular basis.

Task 7: Plan Preparation and Implementation. A recent update ( 2012) to the City' s Short Range Transit Plan was unanimously adopted by the Solvang City Council in September 2012. Consultant shall continue to monitor the strategies and recommendations in the 2012 Short Range Transit Plan for applicability to the community and the SYVT program itself This may include producing reports on an as -needed basis in order to support continued service as well as any service enhancements resulting from Service Planning above. Reports may include updates/ amendments to existing plans such as the ADA Paratransit Plan and Transit Infrastructure Plan as well as any associated reporting required of the SYVT program to maintain compliance.

Consultant shall prepare future reports and/ or updates to transit studies with assistance from the City.

However, whenever a significant effort is required to produce a new report, a separate fee will be August 20, 2013 Page 1 of 2
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negotiated with the Consultant for such work, and budgeted in advance. Consultant shall advise the City during fiscal budgeting process when future reports may be required/recommended.

Part II: Marketing
Task 8: Implementing Marketing Plan. Consultant shall implement Chapter 6: Marketing Plan of the City' s 2012 Short Range Transit Plan with assistance from the City. The Plan outlines activities and strategies intended to support growth in ridership, fare revenue, and community support, and promote SYVT accomplishments/ key milestones, as well as raise industry awareness of program developments.

Task 9: General Marketing and Advertising. Consultant shall provide patrons with easy -to -use and comprehensive service information as well as supporting that service with eye- catching and effective advertisements. These are key elements of public transportation marketing. Among the activities envisioned are:

Service brochure update ( as needed),
Print advertisements ( minimum once annually),
Website information and update ( minimum once annually), Direct mail campaigns ( minimum once annually),
Graphic design and creative development of marketing materials ( as needed), and Cross -promotional activities ( chambers of commerce, visitors bureaus, etc.) ( minimum once annually).

Consultant shall also assist in implementing other SYVT marketing efforts as may be identified.

Task 10: Bus Stop Amenities and Display Units. Consultant shall manage the City ongoing bus stop improvement efforts with assistance from the City. This includes periodic updating ofthe info -post units and revision to the information displayed as necessary. Efforts may also include amenity cleaning, and replacement of information as warranted.

Task 11: Campaigns/ Promotions. Consultant shall work with City staff, local businesses, and the Santa Ynez Valley community to produce appropriate materials/ literature and promote individual campaigns/ events. Consultant shall prepare campaign plans, design announcements and supporting materials/ literature, and prepare and coordinate content for the SYVT website with assistance from the City.

Task 12: Updating and Distributing Service Information. Consultant shall produce and coordinate distribution of SYVT service brochures on an as -needed basis. Consultant shall distribute such materials to area employers, public/ community buildings, education institutions, and other locations as requested.

The current literature distribution contract was valid through April 30, 2013. The vendor provided SYVT service brochure distribution to local lodging and other tourist outlets throughout the SYVT service area.

Consultant shall renew this distribution contract and continue to be responsible for this task.

Task 13: Public Communications. Consultant shall develop and coordinate media releases and feature articles for local and industry media. A minimum of two shall be implemented annually. Media releases shall be designed to increase public awareness and support, foster a positive reputation, and increase patronage of SYVT. Consultant shall continue to develop and support relationships with local community organizations.

Task 14: Website Maintenance. Consultant shall maintain and enhance the SYVT website on an annual basis with minor upgrades, supporting materials and notices to both customers and the partner communities with assistance from City staff and City IT consultant.

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Program Management and Marketing Services
Santa Ynez Valley Transit
Proposal
11 associates Section O n e
Program Understanding/ Scope of Work
Program Understanding
Across the past decade Moore & Associates, and specifically the proposed project team has worked with the City and JPA partners to administer and promote the SYVT program. In doing so, we have successfully achieved a cornerstone goal: position public transit as an attractive mobility resource within the Santa Ynez Valley. Throughout our tenure with the program, our role and involvement has evolved to include many functions beyond the initial scope. Acting as a partner rather than a contractor, we have been successful in all aspects of the work scope. We have developed a solid and meaningful understanding of not only the SYVT program itself, but the Santa Ynez Valley as a whole, including the many stakeholders involved in providing safe and quality transportation.

Santa Ynez Valloy The Santa Ynez Valley Transit ( SYVT) program is operated by a Joint TRANSIT Powers Agreement between the City of Buellton, the County of Santa Huelr on gn-, ng Sanlal' nez ros
q o Barbara, and the City of Solvang. As program administrator, the City of Solvang also has frequent interaction with ( and reports to) the Santa Barbara County Association of Governments ( SBCAG) and the California Department of Transportation Caltrans). In Fiscal Year 2013 the program provided over 47, 000 unlinked trips to Valley residents and visitors throughout a service area including Buellton, Los Olivos, Santa Ynez, and Solvang.

SYVT operates two distinct service modes, a fixed -route service ( consisting of two revenue vehicles operating from 7: 00 a. m. to 7: 00 p. m.) and a complementary demand -response program known as Dial - A -Ride with matching service hours. Dial -A -Ride functions as the region' s American' s with Disabilities Act ( ADA) paratransit program, providing door- to- door service to seniors and persons with disabilities.

Recently the Dial -A -Ride program was expanded to provide service on Sunday from 8: 30 a. m. to 12: 30 p. m. and from 1: 00 p. m. to 4: 00 p. m., as well as include trips by the general public ( Sunday only).

Through our efforts we have successfully guided the prograrn through the recent economic downturn, wherein many operators faced reductions in service. SYVT was able to twice offer service expansion during these times in the form of a late -night demonstration service and implementation of Sunday service. SYVT has maintained more than adequate levels of funding and maintained above the minirnum levels of farebox recovery every year of our involvement, even carrying funding reserve balances in some years. Our assistance led to the development of a bus stop improvement plan, identification of and successful application for funding of improvements, coordination of implementation of improvements, and facilitation of the improvement project reporting.

We have been there with City staff and the JPA partners to witness how the SYVT program has grown.

Not only into a critical aspect of valley life for the traditionally transit -dependent populations such as seniors, youth, and persons with disabilities, but for visitors to the area and first-time riders.

Maintaining a safe and high -quality service will always remain a key goal for the SYVT program and we hope our past and future efforts will continue to support this goal. Our efforts towards involving the to Moore & Associates 12013
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service area communities in not only the planning process, but in the promotion of the region as a whole, have led to a transit prograrn in which the communities can enjoy a sense of pride and ownership. We will nurture this sense of community ownership through our knowledge of the Santa Ynez Valley and transit industry.

Through our in- depth experience both with the prograrn and the region as a whole, we understand thoroughly the need for SYVT to operate as efficiently and as effectively as possible. Our team has been diligent with respect to meeting all application and reporting requirements and proposes to enhance communications, both internal ( Moore & Associates) and external ( City staff, regional partners, etc.), through a structured schedule and reporting matrix.

We understand the processes and subtleties involved in operating the SYVT program, having developed and recommended many of them in conjunction with City staff. We are always expanding our knowledge base through industry research, peer assessments, and localized knowledge and experiences which we relay towards improving SYVT and regional partners. With the scope of work detailed below, we aim to continue to do so.

Scope of Work
Part !: Program Management
Task 1: Service Performance Monitoring
We view service monitoring as a function of two related functions, operational monitoring and administrative monitoring,
With respect to operational monitoring, we will continue to engage in meaningful conversation with operations
contractor Storer Transportation Systems, Inc., while
keeping the city apprised of all resulting action. Further, we shall continue our review and assessment of the
submitted monthly performance reports, compiling the
data into databases as required for various report
submittals. Through the review of submitted performance data, we will customize a monitoring plan to include on - site observation of the program. These observation - -
periods will be conducted anonymously by Moore & Associates staff that is unknown to Storer staff and drivers. We propose no less than two observation periods each calendar year, with summary reports of findings and recommendations to be submitted to the city. These observation periods may be expanded to include onboard ride checks ( again anonymous) if directed by the City.

Administratively, we will leverage our experience in monitoring the SYVT prograrn through a variety of methodologies. The primary format of monitoring will be provided through frequent communications between our project staff and Storer. Jose Perez has developed a successful professional relationship with Storer' s designated project manager Annie Self, which results in a benefit to the monitoring of the program through timely and honest reporting and communications. We will conduct regular operations meetings with Storer and City staff no less frequently than every six weeks throughout the term of the contract. Additional meetings with the City will be conducted on an as -needed basis. Examples of when Moore & Associates 1 2013
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additional meetings may be warranted would be to assist with CHP facility/ vehicle inspections, assist during on -site performance audit visits, and to participate in unanticipated meetings between the City and its operations contractor, These meetings will primarily be conducted in person and in the Santa Ynez Valley. In order to further enhance efficiency, additional on -site tasks ( such as updating marketing/ promotional materials) will be tied into these meetings whenever feasible.

In addition to on -site meetings, we will continue to review and monitor all written invoices, summaries, and reports provided by Storer with respect to SYVT. We will continue to summarize these reports, compile the data, and prepare the information in such a way that future required reporting is straightforward and standardized. Through our review processes we have uncovered ways to improve efficiency, such as by modifying fare policies, suggesting recommendations on subsidies for transit - dependent populations, and improving performance. Any significant discrepancies between anticipated and actual performance will be relayed to Storer for clarification and the City will be notified. Any items requiring additional follow- up or action will be presented to the City in the form of a summary email detailing next steps and required action.

Task 2: Financial Planning and Budgeting
As with nearly all public transit programs, SYVT is funded through a myriad of funds, grants, and local subsidies. This broad mix of funding includes federal ( Section 5311), state ( TDA), and local ( Measure A and general fund) sources, each with its own ( sometimes conflicting) application, monitoring, and reporting requirements. Our direct involvement in preparing, summarizing, and submitting these funding requirements aids the City by reducing the amount of time involved on the City' s end, while ensuring the program receives all possible funding without incident. On occasion, our diligence in achieving accuracy with funding applications and reports has exposed errors in the disbursing agency' s processes or report forms which resulted in the SYVT program receiving additional funds. Our experience in researching, compiling applications, and generating concise accurate summaries for City staff has resulted in a streamlined process for ensuring adequate levels of funding for the program.

Recent audit report recommendations from an independent auditor supports our efforts by indicating no significant findings for the system, and recommends the continued implementation of strategies already in place such as timely reporting and accuracy in calculations for reports.

In addition, our project tearn regularly monitors and participates in regional planning discussions and meetings with respect to funding and planning. We propose to continue to participate in regional funding and planning meetings which are regularly held by SBCAG, Caltrans, and the FTA.

Each year we have provided the City with a realistic and feasible budget for Transit Fund 40, which is then reviewed and approved by the public works director and finance staff. We propose to continue providing the development of recommended transit budget each year for the City' s fiscal budget accompanied by justifications for all expenditures and feasibility assessment for all revenues.

Included within this task will be our continued compilation, review, and submittal of the annual National Transit Database ( NTD) RU- 20 report form. We will continue to work with Storer to obtain the necessary data and submit it well in advance of filing deadlines. We will also ensure consistency in reporting with other standardized reports ( including State Controller reports).

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Task 3: Grant Preparation and Compliance
The wide array of funding sources available to ( and necessary for operation of) SYVT results in a significant time commitment. Every application cycle presents changes to the application process, sorne subtle and relatively minor, and others more complex. We are proud to state that our assistance in identifying and explaining to City staff each revision or requirement has resulted in the City obtaining all necessary funding to continue the operation of the program.

Beyond the preparation and submittal of the various grant applications, we will continue to identify and provide the city with feasibility assessments of future funding sources, including discretionary as well as program grants. With the recent modifications to the federal funding system ( i. e., MAP- 21), we propose to provide the city with a detailed summary of any significant changes to application, disbursement, and reporting processes at the start of the contract term in January 2014.

To facilitate ( and hopefully simplify) the city' s involvement in the grant funding process, we propose to enhance our current level of cormunication and provision of information to the city through the implementation and regular updating of a grant cycle matrix. This matrix will be updated no less than quarterly and will be submitted to the city for review and record keeping. In addition to time frames, this matrix will include anticipated resources required from City staff and any other transit partner, based on past experience. Resources could include time for review, compilation of data, and signatures from staff. Reporting deadlines and the agencies to be reported to will also be included.

No grant or compliance decision will be made in a vacuum, as we propose to involve the City in all steps while continuing to do the detailed administrative support necessary to ensure program success.

Task 4: Coordination
As the SYVT program continues to evolve we recognize the need for an increase in regional coordination and communication. Local and regional coordination is a key requirement for a successful SYVT program. Not limited to coordination between our project team and City staff or the operations contractor, coordination must be extended to include all partners interested in the delivery of quality transit services. We have worked well with local partners, including the JPA partners ( cities of Buellton and Solvang and the County of Santa Barbara) as well as neighboring communities of Lompoc and Santa Maria, and aim to expand these relationships. We propose to facilitate an annual partner' s meeting with remote participation options such as Skype and/ or remote desktop applications) to provide an annual summary of the system' s performance and to discuss program goals for the year. In order to maximize the value of the discussion we propose the meeting be held at the beginning of the city' s fiscal year each July. Moore & Associates would coordinate all aspects of this meeting, from invitation to summary of discussion.
winec' uunt Our experience with coordinating with regional services such as the City of xpress Lompoc' s Wine Country Express and Clean Air Express, the City of Santa Maria' s Breeze Bus, and the Amtrak bus service which stops in Solvang further benefits the SYVT program by improving mobility options throughout the region. This coordination benefits the customers of all involved services through better timed connections, improved fare/ transfer policies, and improved information.

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Beyond coordination of transit services we will function as a liaison between the transit program and the various organizations and committees conducting events and activities throughout the service area.

We will continue to expand our level of efforts with respect to event coordination by communicating with city staff in addition to public works ( i. e., public safety, community development, planning, etc.) as well as organizations involved in city events such as the tourism board. Our experience with regularly occurring regional events such as Danish Days, the Julefest, and the recent Amgen Tour provides us with specialized knowledge and skills with which to facilitate future efforts. Our team will leverage existing relationships with local agencies to ensure timely distribution of information not only internally to city staff and operations contractor, but to our customers as well.

Task S: Contract Procurement
The SYVT program requires multiple contracts in order to operate. This includes contracts for operations, administrative management, marketing, and occasionally maintenance and vehicle procurement. Our firm' s experience, both specific to Santa Ynez and throughout the industry, has afforded us with extensive knowledge and best practices which aid in streamlining the procurement process.

We have assisted in three separate rounds of operations contract procurement, combining and coordinating efforts between the City of Lompoc' s transit program ( COLT) and SYVT. The most recent procurement led by our firm in 2011 resulted in significant operational cost -savings for the city, as well as a more efficient and responsive operator. These cost -savings have helped the program avoid service reductions due to funding shortfalls during the recent economic downturn. Storer' s contract is currently valid through 2016 assuming the City does not wish to extend the contract period ( and there are no signs of requiring an earlier procurement). Should the City require a solicitation for operations prior to the end of the current contract, we will assist the City by completing the following tasks:

Develop Requests for Proposals ( RFP) ( meeting all federal, state, and local requirements).

Distribute RFP to qualified candidates and interested parties.

Evaluate all bids deemed responsive and assist in interviews.

Prepare a staff report for City use in awarding contract.

Assist with any appeals, protests, or complications ( if applicable).

We have facilitated the procurement of replacement service vehicles for the SYVT program for at least ten years. Throughout this period, we have become acquainted not only with the City' s internal requirements and processes for capital procurements but have also developed a relationship with the local vendors involved every time a vehicle is added or replaced. We propose to continue this assistance in the form of a " turn -key" solution with respect to procuring new program vehicles. At a minimum we will complete the following tasks for each procurement:

Research appropriate vehicle size/ make/ model.

Develop, produce, and distribute RFP ( as warranted).
o Review received bids.
o Evaluate, summarize, and rank all bids received.
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o Be present for any necessary interviews and/ or council presentations with respect to procurement
Identify availability of vehicles
Provide timeframe for procurement ( including branding).

Coordinate delivery inspection of vehicles.

Coordinate branding of vehicles.

Should additional RFPs be required/ desired for the SYVT program ( such as a formal maintenance agreement or additional capital equipment), we would assist the city by developing, distributing, evaluating, and monitoring the procurement as well.

Task 6: Service Planning
In late 2010, the City experienced a change in senior staffing resulting in the need for additional administrative oversight and support for the transit program. Throughout our engagement with assisting the City to administer and manage the SYVT program, we have steadily increased our service planning efforts. We believe the increase in responsibility represents a sign of trust and confidence from the City in our ability to continue the success of the program.

In recent months, our firm has conducted random on -time performance observations, system ride checks, and in- depth review of operational data. The resulting information and analysis were keys to enhancing the program' s operating schedules, particularly fixed -route time points, as well as modifying stop locations and amenities.

We propose to continue to use current review practices already in place to monitor the performance of planning modifications, as well as to propose future changes. We will identify the most ( and least) productive stops in the system each year, and develop recommendations for amenity improvements and/ or maintenance as warranted both by demand and condition.

With respect to fare policy, we will draw upon not only our experience with industry practices but also our local knowledge of the community, to develop future fare policies, while ensuring the program meets any fare recovery requirements. A recent example of this type of support comes in the soon -to - be -implemented revision to Dial -A -Ride multi -trip passes. Supporting marketing efforts will accompany any fare revisions, such as brochure reprinting and public noticing. In addition, any fare revisions proposed will be accompanied by a Title VI assessment, to ensure compliance with federal civil rights regulations.

Task 7: Plan Preparation and Implementation
As the City and program' s partner we have developed and updated all of the program' s Transit Plans.

These plans have always been locally developed and have always been unanimously adopted by city staff and council. None of our plans have been, nor will be, developed in a vacuum. We will encourage active review and participation by the 1PA partners in any plan requested or required for SYVT.

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We anticipate completing the following plans ( at a minimum) through the terra of this project:

Full Short Range Transit Plan ( anticipated in 2015).

Update to the Transit Infrastructure Plan ( anticipated in 2015 after completion of bus stop improvements).

Update to the ADA Plan ( anticipated 2014).

Recommendations for additional plans, such as a federal Title VI Program or a fare analysis study, will be presented to the City during regular operations meetings. Any additional recommended plans will be accompanied by supporting justification for the recommendation, estimated timeframe for completion, and estimated costs. If directed to proceed with any additional plan, the final negotiated costs will be incorporated within the annual budget recommendations historically completed in the spring of each year.

SATIIA YN11 VANEY TRANSH

SHORT PANGE TRANSIT FUN UPDATE
Part 11: Marketing
Task 8: Implementing Marketing Plan
Chapter 6 of the 2012 Short Range Transit Plan included a detailed Marketing Plan for Santa Ynez Valley Transit. It identified key target markets; outlined strengths, weaknesses, opportunities, and threats; detailed key positioning goals; assessed current marketing efforts; and recommended a broad range of marketing and outreach of activities relating to service information, promotions and campaigns, outreach and community involvement, customer service, and public relations/ communications. It is essential that SYVT continue with the recommendations that have already been launched as well as implement those that have yet to be introduced.

For example, the fixed -route service brochure was updated in March 2013 to reflect service updates arising from the 2012 SRTP. It continued to use the " hexagon" element present in other service information pieces, and the system map was redesigned to reflect additional bus stop detail. High - quality . pdf versions of the brochure, route map, and individual route schedules are all available for download from the website. Recent updates to the SYVT website have also improved the accessibility of service information.

Our project team will actively implement recommendations arising from the Marketing Plan, including incorporation of evaluation elements to the greatest extent possible. This will provide the City of Solvang with additional data that can be used to bolster grant or funding applications, help the program better respond to customer needs, and remain accountable to the JPA partners and supporting communities.

Task 9: General Marketing and Advertising
We will work with the City to promote the SYVT program through the development and distribution of service information and advertisements. As mentioned in Task 8, we updated the fixed -route service brochure in March 2013, while the Dial -A -Ride brochure was updated in July 2013. We will update service brochures ( and related web documents) whenever warranted ( such as Moore & Associates 1 2013 •
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because of fare, service, or policy changes). The website will be reviewed quarterly to ensure all links and features continue to be in working order, with updates completed as warranted ( no less than once annually). In addition, we will develop and place print advertisements no less than once a year. We anticipate conducting direct mail campaigns each quarter.

New graphic design and marketing elements will be developed by our professional designers as needed in support of the above activities as well as for any other marketing tasks identified by the City. Over the last two years, we have secured five first place APTA AdWheel Awards on behalf of our clients for our marketing design work, and we bring the same award - winning talent to SYVT. We will also look for cross - promotional opportunities with local organizations ( such as the Chamber of Commerce) as well as opportunities for outreach in conjunction with community activities ( such as Danish Days or Taste of Solvang).

Task 10: Bus Stop Amenities and Display Units
Across the past two years, we have assisted the City of Solvang . with bus stop improvements by preparing a Transit Infrastructure ti r Plan, arranging maintenance and cleaning of stops, assisting with the procurement of an engineer for infrastructure improvements, ptl and installed and updated informational materials. We would continue our commitment to ensuring SYVT' s bus stops ( and the information provided therein) are clean, usable, and up- to- date so as to encourage use of the transit program. The design of the info - post inserts was updated in March 2013 to be consistent with the new service brochure. We will conduct quarterly bus stop assessments, replacing info -post glass that may be scratched or sun -damaged, info -post inserts that may have become water -damaged or unreadable, or units that have become non- functional. Updates to info -post inserts due to service changes will be done concurrent with a quarterly assessment whenever possible, otherwise on an as - needed basis. Our most recent assessment was conducted in August 2013 in conjunction with onboard ride checks to assess on -time performance.

Task 11: Campaigns/ Promotions
We will work with the JPA partners, local community businesses and organizations, and others in the development of campaigns and promotions. Sorne recent community campaigns have been tied to the Amgen Tour of California, Bike to Work Week, and Earth Day. Other campaigns have targeted key demographic groups, such as students or seniors. Each campaign/ promotion we develop will have elements that can be posted to the SYVT website as well as distributed throughout the community to maximize awareness.

Given a campaign often incorporates multiple projects, we will prepare a Marketing Brief as part of the campaign development process. Our Marketing Brief details key information about the campaign, including its intent, its primary message and target audience( s), and other client directions. The Marketing Brief allows us to individually address the various tactics proposed for use in the campaign, from concept/ therne development to collateral design to event planning. Once the Marketing Brief is finalized, a Marketing Work Order can be developed for each tactic so that the look, feel, and message remain consistent throughout the campaign regardless of which staffer may be working on it.

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Task 12: Updating and Distributing Service Inforration
Given the nature of public transportation as a community service, it is vital that transit organizations communicate effectively with both current customers and the community. With SYVT, there are two key service information elements:
asses the service brochure and the bus stop info -post. While updates of these two pieces were discussed in prior tasks, distribution of the service brochure remains a critical component of Task 12. The current contract with Certified for distribution to local hotels and tourist information centers was extended through December 31, 2013 in May and we will continue renewals moving into 2014 and beyond. We also distribute brochures to locations not included in the Certified contract, including senior centers, chambers of commerce, local museums, Veteran' s Memorial Hall, and the Chumash Casino. In addition, we distributed posters to hotels, community organizations, schools, medical facilities, commercial/ retail centers, multi -family dwellings, and civic/ community centers throughout the Santa Ynez Valley in support of the most recent brochure update. We will continue quarterly follow- up with those locations we directly supply with brochures, and conduct broad distributions of other collateral as appropriate.

Task 13: Public Communications
Moore & Associates has provided public communications services to our clients since the firm' s founding in 1991. We know how to deliver good news as well as potentially challenging news with class and grace. While the City' s initial needs are primarily related to media releases and feature articles, additional support services we offer include interview scripts, Frequently Asked Questions ( FAQs), website content, social media content, media monitoring, social media management, media buying, presentation materials, crisis communications plans, and on -call emergency management.

We are committed to providing a minimum of one ,
feature article and quarterly media releases each year.

One of the media releases will be a " year in review" look at significant events relative to SYVT, distributed in
December. Other media releases will highlight such
activities as infrastructure improvements, notable
B
system performance, grant or funding awards, SYVT' s
role/ participation in community events, etc. Our 2012
media release regarding SYVT' s bus stop upgrades, along with its accompanying infographic highlighting the
features of the new stops, garnered mentions in multiple media outlets, including KSBY, the Santa Ynez Valley
News, and the Community Transportation Association of America' s Summer 2012 Digital CT magazine.

The comprehensive Media Information Matrix we currently maintain for SYVT, which includes key local and industry media contacts and their contact information, will be updated quarterly to ensure all contact information remains valid and media contacts are used to their maximum effectiveness.

Task 14: Website Maintenance
We will work with the City of Solvang' s IT consultant to ensure the SYVT website ( www. syvt. com) remains up to date and reflective of promotions/ campaigns, service changes, and program news.

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week in advance for posting on the website, with unplanned messaging provided as quickly as possible.

All media releases and feature articles will be provided for upload, as will updated brochures ( both fixed -route and Dial -A -Ride), printable service schedules and maps, and promotional materials. We will conduct an annual review of the website and make recommendations regarding minor upgrades, content revisions, and accessibility/ usability. We will also verify all posted links are functional and identify any new resources that may be appropriate for inclusion. 10 Moore & Associates 1 2013 •
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Exhibit A
Project Budget ( Fee Schedule)
Functional Area Budget
Part I: Program Management $ 36, 000
Part II: Marketing $ 29, 000
Year One Project Total $ 65, 000
Standard.

Project Manager 85
Marketing Lead 85
Assistant Planner 50
Administrative Support 30
Escalation in
Fiscal Year
Cost for •
Escalation
Annual Cost
Rate
FY 2013/ 14 ( 2nd half) 32, 500
FY 2014/ 15 65, 000
FY 2015/ 16 0. 75%
FY 2016/ 17 1. 50%
FY 2017/ 18 1. 50%
FY 2018/ 19 ( 1st half) 1. 50%
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EXHIBIT C

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. Ifthat existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so.

Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide thefollowing types and amounts ofinsurance:

Commercial General Liability Insurance using Insurance Services Office " Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another.

Limits are subject to review but in no event less than $ 1, 000, 000 per occurrence.

Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol I ( Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $ 1, 000, 000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant' s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.

Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer' s liability limits no less than $1, 000,000 per accident or disease.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $ 1, 000,000 per claim and in the aggregate.

The policy must " pay on behalf of the insured and must include a provision establishing the insurer' s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating ofA- or better and a minimum financial size vll.

General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant' s employees, or agents, from waiving the right of subrogation prior 143
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to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

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

5. No liability policy shall contain any provision or definition that would serve to eliminate socalled " third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage ( e.g. elimination of contractual liability or reduction of discovery period) that may affect City' s protection without City' s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant' s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.

8. Certificate( s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage.

9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.

10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
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11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant' s existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions.

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety ( 90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance ofthis Agreement.

14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason.

Termination of this obligation is not effective until City executes a written statement to that effect.

16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant' s insurance agent to this effect is acceptable. A certificate of insurance and/ or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
145
SYVT Management & Marketing Services
Professional Services Agreement

Page 18 ends

19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parries here to be interpreted as such.

20. The requirements in this Section supersede all other sections and provisions ofthis Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.

21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right ( but not the duty) to monitor the handling of any such claim or claims ifthey are likely to involve City.
146

CITY COUNCIL STAFF REPORT
AGENDA 4.i
Meeting Date: June 12, 2023
SUBJECT: For second reading, Adopt by Title Only Ordinance No. 23-0366 An Ordinance of the City Council of the City of Solvang, California, Amending Title 11 of the Solvang Municipal Code to Conform Solar Energy System Permitting Requirements to State Law and Make a Determination of Exemption under the California Environmental Quality Act (CEQA) PREPARED BY: Chelsea O’Sullivan, Assistant City Attorney Sophia Checa, Planning Manager
DISCUSSION:

The Solvang Municipal Code, Section 11-12-13(A) currently requires a major conditional use permit for all solar energy projects in the TRC Tourist Commercial District. This requirement is inconsistent with a recent change to Government Code Section 65850.5 which requires a building code official to issue a non-discretionary permit for all solar energy systems that meet applicable health and safety requirements necessary to ensure the solar energy system does not have a specific adverse impact on public health or safety and only allows discretionary review in limited circumstances.

The proposed ordinance would amend and restate Section 11-12-13(A) of the Solvang Municipal Code in its entirety to conform the requirements for solar energy system permitting to state law. The new proposed language codifies the requirements of Government Code Section 65850.5 and lists certain health and safety requirements specific to Solvang that are necessary to ensure any solar energy system does not have a specific adverse impact on the City’s public health or safety. The permitting requirements would apply to any solar energy system in the City’s jurisdiction, not just those in the Tourist Commercial District (TRC).

Consistent with Gov. Code Section 65850.5, under the proposed ordinance the building official may only require a discretionary use permit for a solar energy system if the building official makes a finding that the solar energy system could have a specific adverse impact on public health and safety. The building official can impose conditions on a use permit to mitigate that impact at the least possible cost.

However, this use permit is not the same as a major or minor conditional use permit under the Solvang Municipal Code because failure to meet any criteria of a major or minor conditional use permit under the Solvang Municipal Code is not a permissible reason to deny a solar energy systems application.

Pursuant to Government Code Section 65850.5, the building official may only deny a solar energy systems application if the building official makes written findings based on substantial evidence that (i) the proposed installation would have a specific, adverse impact on public health or safety and (ii) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

Staff also finds that it can be seen with certainty that there is no possibility the proposed amendments will have a significant effect on the environment as the changes merely codify already effective state law.

This item was presented to the Planning Commission at their meeting on Monday, May 1, 2023. They voted 3-0, with one member absent and one vacant position, to recommend to the City Council the change to the municipal code to be in alignment with state law.

This item was presented to the City Council at their meeting on Monday, May 22, 2023. They voted 5-0 to move the item forward to a second reading.
147
ALTERNATIVES:

Provide further direction to staff.

FISCAL IMPACT:

Adoption of Resolution No. 23-04 will not directly have any fiscal impact. Adoption of an Ordinance by City Council consistent with the recommendation in Resolution No. 23-04 may result in minor costs of recodification and implementation of ordinance changes but such costs are expected to be within existing budgetary limits.

ATTACHMENTS:

A – Ordinance No. 23-0366
B – Solvang Municipal Code Section 11-12-13
C – Government Code Section 65850.5
148
ORDINANCE NO. 23-0366

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA, AMENDING TITLE 11 OF THE SOLVANG MUNICIPAL CODE TO CONFORM SOLAR ENERGY SYSTEM

PERMITTING REQUIREMENTS TO STATE LAW AND MAKE A DETERMINATION OF EXEMPTION

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Solvang Municipal Code currently requires a major conditional use permit for all solar energy systems in the TRC Tourist Commercial District under Section 11-12-13(A); and WHEREAS, state law, specifically Government Code Section 65850.5, requires nondiscretionary approval of solar energy systems that meet applicable health and safety requirements necessary to ensure the solar energy system does not have a specific adverse impact on public health or safety and only allows discretionary review in limited circumstances; and WHEREAS, Government Code Section 65850.5 provides an application for a solar energy system may only be denied if the City determines in written findings based on substantial evidence that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and WHEREAS, amendments to the Solvang Municipal Code Section 11-12-13(A) are needed to conform solar energy systems permitting requirements to state law; and WHEREAS, on May 1, 2023 the Planning Commission at a duly noticed public hearing adopted Resolution 23-04 recommending the City Council adopt an ordinance amending Title 11 of the Solvang Municipal Code to conform solar energy system permitting requirements to state law and make a determination of exemption pursuant to the Section 15061(b)(3) of the guidelines for implementation of the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council determines that the proposed amendments are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Solvang Municipal Code; and
WHEREAS, the City Council determines that the proposed amendments are in the interests of the general community welfare; and
WHEREAS, the City Council determines that the proposed amendments are consistent with good zoning and planning practices; and
WHEREAS, the City Council determines that it can be seen with certainty that there is no possibility the proposed amendments will have a significant effect on the environment and are therefore not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and
WHEREAS, the City Council finds it necessary to amend the Solvang Municipal Code to conform solar energy system permitting requirements in the Solvang Municipal Code to state law.

NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:

SECTION 1.

Section 11-12-13(A) Solar Panels of the Solvang Municipal Code is hereby amended and restated in its entirety to read as follows:

A. Solar Energy Systems.

1. Definitions. The following definitions shall apply to Section 11-12-13(A):

Attachment A
149
“Solar energy system” shall have the same meaning as provided in the Solar Rights Act, Civil Code § 801.5(a), as the same may be amended from time to time. “Specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety standards, policies, or conditions as they exist on the date the application was deemed complete.

2. Building Permit Application. Applicants shall apply to the building official for a building permit for all solar energy systems. A building permit or use permit consistent with this section and with Government Code Section 65850.5 must be obtained prior to installation of any solar energy system. Small rooftop residential solar energy systems may be eligible for expedited review pursuant to Section 10-4-1 of the Code.

3. Application Review. Consistent with Section 65850.5 of the California Government Code, the building official shall review the application for a solar energy system to determine whether it meets all health and safety requirements of local, state, and federal law necessary to ensure that the solar energy system will not have a specific, adverse impact on public health or safety.

Such requirements include but are not limited to:
i. Solar heating systems may be used for the heating of any new swimming pool, spa or hot tub in compliance with the California Plumbing Code and shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes.
ii. A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
iii. All solar energy system applications shall reference the requirement to notify the appropriate regional notification center of an excavator’s intent to excavate, pursuant to Government Code Section 4216 et al. before conducting any excavation related to installation of the solar energy system.

4. Administrative Approval. The building official shall issue a building permit for all solar energy systems for which the building official determines the solar energy system meets all health and safety requirements of local, state, and federal law necessary to ensure that the solar energy system will not have a specific, adverse impact on public health or safety, including criteria enumerated in Section 11-12-13(A)(3).

5. Discretionary Approval. If the building official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact on public health and safety, a use permit shall be required. The building official may issue a use permit with appropriate mitigation consistent with Section 11-12-13(A)(6) or may deny the application consistent with Section 11- 12-13(A)(7).

6. Mitigation. The building official may impose conditions on a solar energy system subject to a use permit to mitigate specific, adverse impact on the public health and safety at the lowest possible cost.

7. Findings for Denial. The building official shall deny an application for a solar energy system if the building official determines in written findings based on substantial evidence in the record that (i) the proposed installation would have a specific, adverse impact on public health or safety and (ii) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. 150
The findings shall include the basis for rejection of potential feasible alternatives of preventing the specific adverse impact.

8. Appeal to the Planning Commission. A decision of the building official on an application for a solar energy system may be appealed to the Planning Commission.

SECTION 2.

This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to Section 15061(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.

SECTION 3.

Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinances once they are adopted. A summary of this ordinance will be prepared by the City Clerk. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. A true and correct copy of the full ordinance together with a record of the vote of each council member shall be kept by the City Clerk.

PASSED, APPROVED, AND ADOPTED on this 12th day of June 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 151

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 23-0366 was duly introduced at a regular meeting of the City Council held on the 22nd day of May, 2023, and was duly adopted at a regular meeting of said City Council held on the 12th day of June 2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Annamarie Porter, City Clerk
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Agenda Item Number: 4.j
Solvang City Council STAFF REPORT
PREPARED BY: Rodger Olds, Public Works Director
MEETING DATE: June 12, 2023
SUBJECT: Adopt Resolution No. 23-1219 Authorizing the City Manager to execute an FTA 5311 Grant Agreement with CalTrans for operation assistance for public transit
DISCUSSION:

The U.S. Department of Transportation provides federal funding to states for transit operations through the Federal Transit Administration (FTA) to support operating assistance projects for non-urbanized public transportation systems under Section 5311 of the Federal Transit Act. The California Department of Transportation (Caltrans) administers these federal Section 5311 grant funds for rural transit and intercity bus service throughout the state.

The Santa Ynez Valley Transit System is allocated Section 5311 funds annually for the operation of the SYVT service. Section 5311 funds are an integral and necessary part of the funding for Santa Ynez Valley Transit (SYVT) system. The fiscal year 22-23 FTA Section 5311 grant award will be $285,417.

The FTA requires an authorizing resolution designating a City representative to make application for and to sign certifications and assurances for FTA Section 5311 programs, projects and grants. The City of Solvang, acting as administrator of the SYVT Joint Powers Agreement, must submit the grant applications for any operating and/or capital grants that may be available. In order to accomplish this, the City is required to provide a resolution to comply with FTA regulations for each fiscal year.

Approval of the attached resolution to enable the City to apply for FTA Section 5311 grant funds on behalf of SYVT to enable the system to continue to operate.

ALTERNATIVES:

City Council could choose not to approve the resolution. This would require the SYVT to pursue other funding sources in order to maintain current service levels.

FISCAL IMPACT:

The City’s application for FTA Section 5311 grant funds for fiscal year 2022/23 operations is approximately $285,417.

ATTACHMENTS:

Resolution 23-1219: FTA Section 5311 Grant Agreement
158
RESOLUTION NO. 23-1219

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AN FTA 5311 GRANT

AGREEMENT WITH CALTRANS FOR OPERATION

ASSISTANCE FOR PUBLIC TRANSIT
WHEREAS, the U.S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration (FTA) to support operating assistance projects for nonurbanized public transportation systems under Section 5311 of the Federal Transit Act (FTA C 9040.1F); and

WHEREAS, the California Department of Transportation (Department) has been designated by the Governor of the State of California to administer Section 5311 grants for transportation projects for the general public for the rural transit and intercity bus service; and WHEREAS, the City of Solvang desires to apply for said financial assistance to permit operation of service of the Santa Ynez Valley Transit.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the City Council of the City of Solvang does hereby authorize the City Manager to execute an FTA 5311 Grant Agreement with Caltrans for operating assistance for a public transit system in the City of Solvang to fulfill the unmet need.

SECTION 2. That the City Manager is authorized to execute and file all certifications of assurances, contracts or agreements or any other document required by the Department.

SECTION 3. That the City Manager is authorized to provide additional information as the Department may require in connection with the application for Section 5311 projects.

SECTION 4. That the City Manager is authorized to submit and approve request for reimbursement of funds from the Department for the Section 5311 project(s) for the fiscal year 2022-23 operations.

SECTION 5. That this resolution shall be effective immediately upon adoption.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions.

PASSED, APPROVED, AND ADOPTED on this 12th day of June, 2023. ______________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk Attachment A
159

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 23-1219 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 12th day of June 2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Annamarie Porter, City Clerk
160
Agenda Item Number: 4.k
Solvang City Council STAFF REPORT
PREPARED BY: Rodger Olds, Public Works Director
MEETING DATE: June 12, 2023
SUBJECT: Adopt Resolution No. 23-1220 Authorizing the authorizing the City Manager to file a claim with the Santa Barbara County Association of Governments for allocation of transportation development act funds for fiscal year 2023- 2024
DISCUSSION:

The TDA provides funding for various transportation programs including transit. TDA Transit funds are distributed to each transit agency in Santa Barbara County from the state through the Santa Barbara County Association of Governments (SBCAG). SBCAG’s TDA claims process requires a resolution authorizing a City representative to execute and file claim documents for Transportation Development Act funds.

The Santa Ynez Valley Transit System is allocated TDA funds annually for the operation of the SYVT service. The City of Solvang, acting as administrator of the SYVT Joint Powers Agreement, must submit an annual TDA claim to SBCAG in order to receive this funding. A resolution authorizing submittal of the annual TDA claim is required to be submitted with the claim forms. The City of Solvang is currently preparing its TDA claim for FY 2023-2024, and this authorizing resolution must accompany its submittal.

The TDA claim for fiscal year 2023-2024 includes $9,221 for regional transportation planning, $6,273 for pedestrian and bicycle facilities, and $735,689 for transit or paratransit purposes. An additional $41,443 allocated to the City is being claimed by the City of Santa Maria as the City’s contribution toward Breeze 200 bus service which provides service between Santa Maria and Solvang.

ALTERNATIVES:

City Council could choose not to approve the resolution. This would require the SYVT to pursue other funding sources in order to maintain current service levels.

FISCAL IMPACT:

The City’s claim for TDA funds for fiscal year 2023-2024 is $741,962, representing a significant portion of the City’s transit revenues.

ATTACHMENTS:

Resolution 23-1220: TDA Claim Authorization FY 2023-2024 161
RESOLUTION NO. 23-1220

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG,

CALIFORNIA AUTHORIZING THE FILING OF A CLAIM WITH THE SANTA

BARBARA COUNTY ASSOCIATION OF GOVERNMENTS FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 2023-2024 WHEREAS, the Transportation Development Act (TDA), as amended (Public Utilities Code Section 99200 et seq.), provides for the allocation of funds from the Local Transportation Fund for use by eligible claimants for various transportation purposes; and

WHEREAS, pursuant to the provisions of the TDA, as amended, and pursuant to the applicable rules and regulations thereunder (21 Cal. Code of Regulations Sections 6600 et seq.) a prospective claimant wishing to receive an allocation from the Local Transportation Fund or State Transit Assistance Fund shall file its claim or amended claim with the Santa Barbara County Association of Governments; and
WHEREAS, the City of Solvang desires to apply for said financial assistance to permit operation of service of the Santa Ynez Valley Transit; and
WHEREAS, the City of Solvang has, to the maximum extent feasible, coordinated with other transportation providers and users in the region.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the City Council of the City of Solvang does hereby authorize the City Manager to execute and file an appropriate claim and necessary claim amendments pursuant to the terms of the TDA, as amended, and pursuant to applicable rules and regulations promulgated there under, together with all necessary supporting documents, with the Santa Barbara County Association of Governments for an allocation of TDA in FY 2023-2024.

SECTION 2. That the authorized claim includes $9,221 for regional transportation planning, $6,273 for pedestrian and bicycle facilities, and $735,689 for transit or paratransit purposes. An additional $41,443 allocated to the City is being claimed by the City of Santa Maria as the City’s contribution toward Breeze 200 bus service.

SECTION 3. That a copy of this resolution will be transmitted to the Santa Barbara County Association of Governments in conjunction with the filing of this claim.

SECTION 4. That this resolution shall be effective immediately upon adoption.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolutionand shall cause a certified copy to be filed in the book of original resolutions.

PASSED, APPROVED, AND ADOPTED on this 12th day of June, 2023. ______________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk Attachment A
162

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 23-1220 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 12th day of June 2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Annamarie Porter, City Clerk
163

CITY COUNCIL STAFF REPORT
AGENDA ITEM 5.a
Meeting Date: June 12, 2023
SUBJECT: Public Hearing to Consider Adoption of Resolution 23-1218 Confirming and Levying Assessments for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 for Fiscal Year 2023-24 PREPARED BY: Rodger A. Olds – Public Works Director/City Engineer DISCUSSION:

The City Council adopted the Tentative Vesting Map for the Skytt Mesa Project on May 27, 2003. Per Condition No. 50 of that 169-lot subdivision, the applicant was required to establish a Landscape and Lighting Maintenance District (LLMD) prior to the recordation of the first phase final map. Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 was established in November 2004 and must now be evaluated annually for any changes.

The City has retained Francisco & Associates to prepare the annual Engineer’s Report for the Solvang Mesa LLMD. The Engineer’s Report outlines the estimated LLMD operations and maintenance budget for the 169-lot single-family residential subdivision, establishes the boundaries of the District, determines the method for spreading the annual maintenance costs to each single-family residential parcel, and determines the maximum annual assessment that can be levied on each parcel.

Since the formation of the LLMD in 2004, there have been six years, including last year, in which the assessment remained unchanged, and one year in which the assessment was reduced slightly. During the other years the assessment was increased as necessary based on increases in the cost of services, and to maintain adequate reserves. Last year, staff recommended no increase in the assessed amount for FY 22-23 in light of continued and uncertain rising cost of living. A modest increase of 5-percent in the assessment is recommended for FY 23-24 in order to keep pace with increased costs for services and utilities while keeping the reserves in good financial standing. This increase will result in the annual assessment of $1,360.80 per parcel.

The number of single family residential (SFR) parcels included in the Final Maps for Phases 1, 2, 3 and 4 are 38, 46, 39 and 46 respectively. Each of the 169 SFR parcels benefit equally from the landscaping and street lighting improvements, and a portion of the entryway and detention basin improvements.

Therefore, it is proposed that the $229,925.20 in assessment revenue needed to operate, maintain and service the landscaping and lighting improvements be spread equally among the 169 SFR parcels, or $1,360.80 per parcel.

A nominal increase of 5-percent of the annual costs for the maintenance costs was assumed in the preparation of the engineer’s report. Assuming this increase is realized due to increased water rates and required maintenance, a small reduction in the accumulation of reserves for FY 23-24 is expected.

A proposed capital project to install two additional streetlights on Skytt Mesa Drive has been designed by PG&E and is anticipated to be under construction by the end of the summer.

The City Council approved Resolution No. 23-1217 on May 8, 2023 initiating the intention for the annual assessment. The resolution also set the Public Hearing for May 22nd; however, staff was unable to meet the deadline, set by the local newspaper, to publicly advertise the public hearing in advance of this meeting. In order to provide proper public noticing both by Resolution 23-1217 and through publication, Council opened the public hearing on May 22nd, received comments from the public, and continued this Public Hearing until this regularly scheduled meeting. The next step for this meeting is to reconvene the Public Hearing, receive any additional public comment, then close the Public Hearing and make a decision accordingly. The Public Hearing and subsequent approval of the attached Resolution completes the City’s part of approving the annual assessment process. 164
At the meeting of May 22nd, Council directed staff to review the performance of the landscape contractor Brightview in regard to compliance with the existing contract and overall performance. That review is ongoing. In addition, staff will be moving forward with a neighborhood meeting in order to assess the overall satisfaction of the services being performed by the contractor and if there are any additional items that the neighborhood would like to see moving forward.

ALTERNATIVES:

The City of Solvang could choose to not increase the assessment for FY 23-24 or increase the assessment for FY 23-24 by a greater amount to cover the full estimated maintenance cost and incidental costs in order to eliminate potential operational costs impacts to the reserve funds for the LLMD.

FISCAL IMPACT:

There is no fiscal impact to the City. The Solvang (Skytt) Mesa LLMD will fund the annual operation and maintenance of the landscaping and lighting improvements, which have now been fully constructed for the Development as outlined in the conditions of approval for the project. The assessment District will be funded through the levy of a special assessment, collected on the Santa Barbara County’s property tax rolls for the 169 lots of the subdivision as outlined in the required Engineer’s Report.

ATTACHMENTS:

A. FY 2023-24 Final Engineer’s Report for LLMD 2004-1
B. Draft Resolution
165
Solvang Mesa Landscape & Lighting
Maintenance District No. 2004-1
Fiscal Year 2023-24
Final Engineer’s Report
June 12, 2023
Prepared by
166

TABLE OF CONTENTS
Page No.

City Directory....................................................................................................................ii Signatures .......................................................................................................................iii Section I – Introduction.................................................................................................... 1 Section II – Engineer’s Report......................................................................................... 2 Part A – Plans and Specifications.............................................................................. 4 Part B – Estimate of Cost........................................................................................... 5 Table 1: Fiscal Year 2023-24 Estimate of Cost ............................................ 6 Part C – Assessment District Diagram....................................................................... 8 Part D – Method of Apportionment of Assessment .................................................. 10 Part E – Property Owner List & Assessment Roll .................................................... 13 Appendix A – Fiscal Year 2023-24 Assessment Roll ................................................... A-1 167

CITY OF SOLVANG

SOLVANG MESA LANDSCAPE & LIGHTING
MAINTENANCE DISTRICT No. 2004-1
FISCAL YEAR 2023-24

CITY COUNCIL MEMBERS AND CITY STAFF
Mark Infanti
Mayor
Elizabeth Orona
Mayor Pro Tem
David Brown
Council Member
Claudia Orona
Council Member
Robert Clarke
Council Member
Brad Vidro, P.E
Interim City Manager
Annamarie Porter
City Clerk
Rodger Olds
Public Works Director
Francisco & Associates
Assessment Engineer
168
ENGINEER’S REPORT

CITY OF SOLVANG

SOLVANG MESA LANDSCAPE & LIGHTING
MAINTENANCE DISTRICT No. 2004-1
FISCAL YEAR 2023-24
The undersigned respectfully submits the enclosed Engineer’s Report as directed by the City Council.

Dated: May 10, 2023
___________________________
Eduardo R. Espinoza, P. E.

R.C.E. No. 83709
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed with me on the _____ day of , 2023.

Annamarie Porter, City Clerk
City of Solvang
Santa Barbara County, California

By_______________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached, was approved, and confirmed by the Council of the City of Solvang, Santa Barbara County, California, on the day of , 2023.

Annamarie Porter, City Clerk
City of Solvang
Santa Barbara County, California

By________________________________
169

SECTION I

INTRODUCTION
As required by the Landscape & Lighting Act of 1972, this Engineer’s Report describes the improvements which can be constructed, operated, maintained, and serviced by the District, provides an estimate of cost for Fiscal Year 2023-24, lists the maximum assessments that can be levied upon each assessable lot or parcel of land within the District and lists the Fiscal Year 2023-24 assessments that are to be levied upon each assessable lot or parcel of land within the District.

In addition to complying with the provisions of the Landscape & Lighting Act of 1972, the Solvang City Council complied with the provisions of Proposition 218 which was approved by the California voters on November 5, 1996. Proposition 218, entitled “Right to Vote on Taxes Act”, added Articles XIIIC and XIIID to the California Constitution. This Proposition established new procedural requirements for the formation and administration of assessment districts. In order to comply with these requirements, the City of Solvang implemented the following procedures:

1. Every property owner subject to the proposed assessment was mailed a ballot allowing the property owner to vote on whether to form and levy assessments within the District. The ballots were accompanied by a public notice describing the total assessment, the individual property owner’s assessment, the reason for the assessment, and the general basis upon which the assessment was calculated.

2. The Solvang City Council held a Public Hearing on November 8, 2004 to provide an opportunity for any interested person to be heard. After the close of the public input portion of the public hearing, the City Council directed City staff to tabulate the assessment ballots. All the ballots received were in favor of forming the assessment district. The City Council subsequently adopted a resolution forming the assessment district and authorizing the levy of assessments. 170

SECTION II
ENGINEER’S REPORT PREPARED PURSUANT

TO THE PROVISIONS OF
LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE

SOLVANG MESA LANDSCAPE & LIGHTING
MAINTENANCE DISTRICT No. 2004-1
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500), and in accordance with the Resolution of Initiation and Intention, being Resolution No. 23-1217, adopted by the City Council of the City of Solvang on May 8, 2023, I, Eduardo R.

Espinoza, P.E. the duly appointed Engineer of Work, Assessment Engineer for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 (“District”) submit the following Report, consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements in the District. Plans and specifications for the improvements are as set forth on the list thereof, attached hereto, and are on file in the Office of the City Clerk of the City of Solvang, and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith. The estimate is as set forth on the lists thereof, attached hereto, and is on file in the Office of the City Clerk of the City of Solvang.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the City Clerk of the City of Solvang. 171
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Santa Barbara County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon parcel classification of land within the District in proportion to the estimated special benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the District. The Assessment Roll is as set forth on the lists thereof, attached hereto, and is on file in the Office of the City Clerk of the City of Solvang. The Assessment roll is keyed to the records of the Santa Barbara County Assessor, which are incorporated herein by reference.
172
PART A

PLANS AND SPECIFICATIONS
The landscape improvements which can be constructed, operated, maintained, and serviced by the District generally include, but are not limited to, trees, bushes, plants, turf, irrigation systems including electrical meters, hardscapes, entry features, and appurtenant improvements as required to provide an aesthetically pleasing environment throughout the District. These landscape improvements were constructed as a condition of development and are generally located within the City’s right-of-way, within City easements, and within City open space areas.

The street lighting improvements which can be constructed, operated, maintained, and serviced by the District generally include, but are not limited to, poles, fixtures, bulbs, conduits, pull boxes, equipment, including guys, anchors, posts, pedestals and metering devices, and appurtenant improvements as required to provide safe lighting within the boundaries of the District.

The detention basin improvements that can be constructed, operated, maintained, and serviced by the District generally include graded slopes, fencing, outlet and overflow structures, retaining walls and the detention basin itself.

The plans and specifications for the improvements are on file in the Office of the City Clerk of the City of Solvang.
173
PART B

ESTIMATE OF COST
The 1972 Act provides that the total cost of construction, operation, maintenance and servicing of landscape and lighting improvements can be recovered by the District.

The costs to construct, operate, maintain, and service the landscape and lighting improvements include, but are not limited to, personnel, electrical energy, utilities such as water, materials, contractual services, and other items necessary for the landscape and lighting improvements to be properly operated, maintained, and serviced to City standards.

Maintenance means the furnishing of services, materials and supplies for the ordinary and usual operations, maintenance and servicing of the landscaping, lighting, and appurtenant improvements, including the repair, removal or replacement of all or part of any of the landscaping, street lighting or appurtenant improvements; including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste.

Servicing means the furnishing of water for the irrigation of the landscaping improvements and the furnishing of electric current or energy for the operation of streetlights, irrigation controllers or other appurtenant improvements.

Below is a summary of the improvements which will be operated, maintained, and serviced by the assessment district.
1) Landscaped parkways throughout the project;
2) Landscaping within the right of way of Chalk Hill Road along the frontage of the project;
3) Landscaping in designated open space areas shown on the vesting tentative map and landscaped parkway;
4) Landscaping in the Caltrans right of way, adjacent to the project; 5) Irrigation systems throughout all maintained landscaped areas; 6) Annual fire abatement of grasses and other vegetation management in unfenced portions of the No Development Zone (individual lot owners shall be responsible for such annual fire abatement and vegetation management within those portions of the No Development Zone enclosed by a fence); 7) Maintenance of slopes of Lots 1-3, 7-9, 14, 93-97 and 158-166, if permitted by property owners;
8) Entrance signage and landscaping;
9) Street lighting, conduits, and appurtenant hardware; and 10)Landscaping within the detention basin at Hans Christian Anderson Park shall be perpetually maintained.
174
The construction, operation, maintenance, and servicing costs for Fiscal Year 2023-24 are summarized below.

REVENUES
Projected Beginning Fund Balance (07/01/2023) $400,149.04 Anticipated Fiscal Year 2023-24 Assessment Levy $229,975.20 Total Revenues Available $630,124.24

MAINTENANCE COSTS
Water (irrigation) $88,580.00
Backflow Prevention $3,000.00
Irrigation Power (PG&E) $600.00
Street Light Power (PG&E) (24 lights) $3,500.00
Estimated Repairs and Replacement $21,000.00
Special Projects $7,000.00
Detention Basin Maintenance $6,500.00
Open Space/Landscaping Maintenance $92,000.00
Subtotal Maintenance Cost $222,180.00

INCIDENTAL COSTS
Administration (City) $12,000.00
Engineer's Report and Related Documents $5,000.00
County Collection Charges $200.00
Subtotal Incidental Costs $17,200.00

RESERVES
Operating Reserves 1 $119,690.00
Capital Reserves 1 $271,054.24
Projected Ending Fund Balance (06/30/2024) $390,744.24
Total Costs $630,124.24

DISTRICT INFORMATION
Total No. of Proposed Assessable Single Family Parcels 169 Maximum Assessment per Proposed Single Family Parcel 2 $3,259.00 Fiscal Year 2023-24 Collection per Proposed Single Family Parcel $1,360.80 NOTES:
(1) Recommended minimum reserve amount is $332,992 (Operating and Capital). Operating reserves are needed for future fiscal years because the City does not receive assessment revenue from the County until January, therefore it's necessary to have an operating reserve fund to cover 6 months of cashflow from July 1 through December 31 each fiscal year. Therefore, for Fiscal Year 2023-24, $119,690 is needed for operating reserves [($222,180+$17,200) x 0.50 = $119,690].

In addition, Capital reserves are used to replace capital facilities in the event of failure, damage, vandalism or when they reach their useful life expectancy. The estimated cost to replace the capital facilities in Fiscal Year 2023-24 dollars is $853,207. Since it is unlikely that all capital facilities will need to be replaced in the same year it is estimated that at least 25% of the replacement cost, or at minimum $213,302 be budgeted and available for capital reserves. (2) The maximum assessment per parcel may increase 5% each fiscal year.

TABLE NO. 1
FISCAL YEAR 2023-24 ESTIMATE OF COST
SOLVANG MESA LANDSCAPE & LIGHTING MAINTENANCE DISTRICT NO. 2004-1 175
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by the assessments shall be used only for the purpose as stated herein. Any balance remaining on July 1 must be carried over to the next fiscal year unless the funds are being accumulated for future capital improvements and/or operating reserves.
176
PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the Solvang Mesa Landscape and Lighting Maintenance District No. 2004-1 are shown on the reduced map on the following page. For the particulars of the lines and dimensions for each Assessor Parcel Number, please refer to the Assessor Parcel Maps located at the Santa Barbara County Assessor office for the year in which this Report was prepared.
177

ASSESSMENT DIAGRAM
(SOLVANG MESA LANDSCAPE & LIGHTING
MAINTENANCE DISTRICT NO. 2004-1)

CITY OF SOLVANG, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA ;: 14

NOT TO SCALE
LEGEND
169 LOT NUMBER

LOT BOUNDARY DISTRICT

BOUNDARY
:J5
19 25
18 28 � ss
17 27
IIJ 28
Ill so 29
"'4o9I42
8/S 1()4 105
! 10:S 106
87 102 107
,o, 108
a, 119 98
gs /U 9/1
124
11S 114
112 116
� 111 118
110 117
711 76
1:Jtl
,s,
77 REFERENCE IS HEREBY MADE TO THE MAPS OF RECORD IN THE

OFFICE OF THE ASSESSOR OF THE COUNTY OF SANTA BARBARA

FOR A DETAILED DESCRIPTION OF THE LINES AND DIMENSIONS OF

ANY PARCEL', SHOWN HEREIN, WHICH MAFS SHALL GOVERN FOR
ALL DETAII.S CONCERNING THE LINES AND DIMENSIONS OF SUCH PARCEL5.
178
PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements, which include the operation, maintenance and servicing of landscaping and lighting improvements.

Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to special benefit, rather than according to assessed value. This Section states:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.

The determination of whether a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 50000)) [of the Streets and Highways Code, State of California].”
In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property.

The Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement” (Sec. 22574). Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.

Article XIIID provided that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities. 179

LANDSCAPING/OPEN SPACE BENEFIT DETERMINATION
Trees, landscaping, hardscaping, open space, and appurtenant facilities, if well maintained, provide beautification, shade, and enhancement of the desirability of the properties within the boundaries of the District. In Parkways and Land Values, written by John Nolan and Henry V. Hubbard, it is stated:
"... there is no lack of opinion, based on general principles and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly. Indeed, in most cases where public money has been spent for parkways, the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City,..."
It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping alongside the roadway. One hundred percent of the benefits resulting from the landscape and open space improvements are a direct and special benefit to the properties within the District. Therefore, there are no general benefits and 100% of the annual cost to operate and maintain the landscape and open space improvements is assessed to the properties within the boundaries of the District.

STREET LIGHTING BENEFIT DETERMINATION
The proper functioning of street lighting is imperative for the welfare and safety of the property owners throughout the District. The annual operation, maintenance and servicing of the District’s street lighting system benefits the properties within the District by providing increased illumination for ingress and egress, safe traveling at night, improved security, and protection of property. One hundred percent of the benefits resulting from the street lighting improvements are a direct and special benefit to the properties within the District. Therefore, there are no general benefits and 100% of the annual cost to operate and maintain the street lighting improvements is assessed to the properties within the boundaries of the District.

GENERAL & SPECIAL BENEFIT
There are no General Benefits associated with street lighting, landscaping, and open space improvements within the Solvang Mesa Landscape & Lighting District. All the street lighting, landscaping and open space improvements directly benefit and are a special benefit to the properties within the Solvang Mesa Landscape & Lighting District. 180

ASSESSMENT METHODOLOGY
Each single-family residential parcel will benefit equally from the construction, operation, maintenance and servicing of the landscaping and street lighting improvements.

Therefore, the total assessment revenue needed to construct, operate, maintain and service the landscaping and street lighting improvements will be spread equally to each proposed single family residential parcel.

Phase I through IV landscaping and street lighting improvements and the entire development’s (Phase I through IV) entryway and detention basin improvements have been completed and turned over to the City for annual maintenance. Each of the 169 single-family residential parcels located in Phases I thru IV will benefit from the landscaping and street lighting improvements and their pro-rata share of the entryway and detention basin improvements. Therefore, it is proposed that $229,975.20 in assessment revenue is needed from the 169 single-family residential parcels located in the District, or $1,360.80 per parcel to cover these costs. 181
PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL
Appendix A includes a listing of the Assessor parcels located within the boundaries of the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 that will be assessed in Fiscal Year 2023-24. The maximum assessment rate in Fiscal Year 2023- 24 that could be charged is $3,259.00 per single-family residential unit. In each subsequent fiscal year, the maximum annual assessment rate for each single-family residential unit may be increased 5%.

The total proposed assessment for Fiscal Year 2023-24 is $229,975.20. 182
FISCAL YEAR 2023-24 ASSESSMENT ROLL
(In Assessor Parcel Number Order)
183
City of Solvang
Solvang Mesa Landscape & Lighting
Maintenance District No. 2004-1

ASSESSMENT ROLL
FISCAL YEAR 2023-24

APPENDIX A
Assessor's
Parcel
Number
Assessment
Amount
137-730-001 $1,360.80
137-730-002 $1,360.80
137-730-003 $1,360.80
137-730-004 $1,360.80
137-730-005 $1,360.80
137-730-006 $1,360.80
137-730-007 $1,360.80
137-730-008 $1,360.80
137-730-009 $1,360.80
137-730-010 $1,360.80
137-730-011 $1,360.80
137-730-012 $1,360.80
137-730-013 $1,360.80
137-730-014 $1,360.80
137-730-015 $1,360.80
137-730-016 $1,360.80
137-730-017 $1,360.80
137-730-018 $1,360.80
137-730-019 $1,360.80
137-730-020 $1,360.80
137-730-021 $1,360.80
137-730-022 $1,360.80
137-730-023 $1,360.80
137-730-024 $1,360.80
137-730-025 $1,360.80
137-730-026 $1,360.80
137-730-027 $1,360.80
137-730-028 $1,360.80
137-730-029 $1,360.80
137-730-030 $1,360.80
137-730-031 $1,360.80
137-730-032 $1,360.80
137-730-033 $1,360.80
137-730-034 $1,360.80
137-730-035 $1,360.80
137-730-036 $1,360.80
137-730-037 $1,360.80
137-730-038 $1,360.80
137-740-001 $1,360.80
137-740-002 $1,360.80
137-740-003 $1,360.80
137-740-004 $1,360.80
137-740-005 $1,360.80
137-740-006 $1,360.80
137-740-007 $1,360.80
137-740-008 $1,360.80
137-740-009 $1,360.80
137-740-010 $1,360.80
137-740-011 $1,360.80
137-740-012 $1,360.80
137-740-013 $1,360.80
137-740-014 $1,360.80
Assessor's
Parcel
Number
Assessment
Amount
137-740-015 $1,360.80
137-740-016 $1,360.80
137-740-017 $1,360.80
137-740-018 $1,360.80
137-740-019 $1,360.80
137-740-020 $1,360.80
137-740-021 $1,360.80
137-740-022 $1,360.80
137-740-023 $1,360.80
137-750-001 $1,360.80
137-750-002 $1,360.80
137-750-003 $1,360.80
137-750-004 $1,360.80
137-750-005 $1,360.80
137-750-006 $1,360.80
137-750-007 $1,360.80
137-750-008 $1,360.80
137-750-009 $1,360.80
137-750-010 $1,360.80
137-750-011 $1,360.80
137-750-012 $1,360.80
137-750-013 $1,360.80
137-750-014 $1,360.80
137-750-015 $1,360.80
137-760-001 $1,360.80
137-760-002 $1,360.80
137-760-003 $1,360.80
137-760-004 $1,360.80
137-760-005 $1,360.80
137-760-006 $1,360.80
137-760-007 $1,360.80
137-760-008 $1,360.80
137-770-001 $1,360.80
137-770-002 $1,360.80
137-770-003 $1,360.80
137-770-004 $1,360.80
137-770-005 $1,360.80
137-770-006 $1,360.80
137-770-007 $1,360.80
137-770-008 $1,360.80
137-770-009 $1,360.80
137-770-010 $1,360.80
137-770-011 $1,360.80
137-770-012 $1,360.80
137-770-013 $1,360.80
137-770-014 $1,360.80
137-770-015 $1,360.80
137-770-016 $1,360.80
137-770-017 $1,360.80
137-770-018 $1,360.80
137-770-019 $1,360.80
137-770-020 $1,360.80
Assessor's
Parcel
Number
Assessment
Amount
137-770-021 $1,360.80
137-770-022 $1,360.80
137-770-023 $1,360.80
137-770-024 $1,360.80
137-780-001 $1,360.80
137-780-002 $1,360.80
137-780-003 $1,360.80
137-780-004 $1,360.80
137-780-005 $1,360.80
137-780-006 $1,360.80
137-780-007 $1,360.80
137-780-008 $1,360.80
137-780-009 $1,360.80
137-780-010 $1,360.80
137-780-011 $1,360.80
137-780-012 $1,360.80
137-780-013 $1,360.80
137-780-014 $1,360.80
137-780-015 $1,360.80
137-800-001 $1,360.80
137-800-002 $1,360.80
137-800-003 $1,360.80
137-800-004 $1,360.80
137-800-005 $1,360.80
137-800-006 $1,360.80
137-800-007 $1,360.80
137-800-008 $1,360.80
137-800-009 $1,360.80
137-800-010 $1,360.80
137-800-011 $1,360.80
137-800-012 $1,360.80
137-800-013 $1,360.80
137-800-014 $1,360.80
137-800-015 $1,360.80
137-800-016 $1,360.80
137-800-017 $1,360.80
137-800-018 $1,360.80
137-800-019 $1,360.80
137-800-020 $1,360.80
137-800-021 $1,360.80
137-800-022 $1,360.80
137-800-023 $1,360.80
137-800-024 $1,360.80
137-800-025 $1,360.80
137-800-026 $1,360.80
137-800-027 $1,360.80
137-800-028 $1,360.80
137-800-029 $1,360.80
137-800-030 $1,360.80
137-800-031 $1,360.80
137-800-032 $1,360.80
137-800-033 $1,360.80
04/27/23 2 A -
The County Auditor only accepts amounts divisable by two, therefore the amount may differ from the approved rate due to rounding. 184
City of Solvang
Solvang Mesa Landscape & Lighting
Maintenance District No. 2004-1

ASSESSMENT ROLL
FISCAL YEAR 2023-24

APPENDIX A
Assessor's
Parcel
Number
Assessment
Amount
137-800-034 $1,360.80
137-800-035 $1,360.80
137-800-036 $1,360.80
137-800-037 $1,360.80
137-800-038 $1,360.80
137-800-039 $1,360.80
137-800-040 $1,360.80
137-800-041 $1,360.80
137-800-042 $1,360.80
137-800-043 $1,360.80
137-800-044 $1,360.80
137-800-045 $1,360.80
137-800-046 $1,360.80
Total Parcels: 169
$229,975.20
Total
Assessment:
04/27/23 3 A -
The County Auditor only accepts amounts divisable by two, therefore the amount may differ from the approved rate due to rounding. 185
RESOLUTION 23-1218

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG

CALIFORNIA CONFIRMING AND LEVYING ASSESSMENTS FOR

SOLVANG MESA LANDSCAPE & LIGHTING MAINTENANCE DISTRICT
NO. 2004-1 FOR FISCAL YEAR 2023-24
WHEREAS, the City Council has initiated proceedings for the levy of a Landscape and Lighting Maintenance District pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972, Streets and Highway Code sections 22000 and following, and Proposition 218 and its implementing legislation, in a District known and designated as Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1; and WHEREAS, Section 22585 of the California Streets and Highways Code require the City Council to adopt a resolution generally describing any changes to an existing assessment district; and
WHEREAS, Section 22585 further requires that the City Council order the preparation of an annual Preliminary Engineer’s Report for submission to the legislative body, and the City Council has ordered the preparation of an Engineer’s Report, which was prepared and filed with the City Council pursuant to law, which report was received and considered; and WHEREAS, the City Council has held a public hearing after notice published in a manner required by law and after all persons were afforded the opportunity to speak and be heard and the City Council considered all public input, and all written protests submitted and not withdrawn, and at which the City Council determined that no majority protest exists with regard to the proposed assessments.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City of Solvang hereby confirms the assessment diagram and assessment roll set forth in the Engineer’s Report, a copy of which is hereby attached and incorporated herein by reference, for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 pursuant to Streets and Highways Code sections 22500 et seq., commonly known as the “Landscaping and Lighting Act of 1972”.

SECTION 2. The City of Solvang hereby authorizes the levy and collection of assessments for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 for Fiscal Year 2023-

24. SECTION 3. The City of Solvang hereby directs the County Auditor-Controller to place the direct charge levies in the amount of $1,360.80 per parcel on the applicable tax roll.

SECTION 4. The improvements shall consist of street lighting, landscaping, landscape irrigation systems, storm drain detention basin and other open space improvements as described in the conditions of approval for the Solvang (Skytt) Mesa subdivision.

SECTION 5. A full and detailed description of the improvements, boundaries of the assessment district and any zone therein, and the assessments upon assessable lots and parcels of land with the district are included in the Final Engineer’s Report on file with the City Clerk.

SECTION 6. That this Resolution is effective immediately upon adoption. 186
SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and shall cause a certified copy to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 12th day of June, 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 187

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 23-1218 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 12th day of June, 2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Annamarie Porter, City Clerk
188

CITY COUNCIL STAFF REPORT
AGENDA ITEM 5.b
Meeting Date: June 12, 2023
SUBJECT: Public Hearing to consider Second reading to Adopt by Title Only Ordinance No. 23-0367 Amending Chapter 2 “Fire Protection and Prevention” of Title 10 “Building Regulations” of the Solvang Municipal Code and Adopting by Reference “Chapter 15 - Fire Prevention” of the Santa Barbara County Code (Incorporating and Amending the California Fire Code, 2022 Edition, and Portions of the 2021 International Fire Code), Schedule a Public Hearing Date, and Make a Determination of Exemption under the California Environmental Quality Act
PREPARED BY: Stephanie Spieler, Contract Building Official Sophia Checa, Planning Manager
DISCUSSION:

On November 28, 2022, pursuant to Health and Safety Code Section 18938(b), 17958, 17958.5, 17958.7, and 18941.5 and Government Code Section 50022.1, et seq., the City Council adopted Ordinance No. 22-0360 amending Title 10 of the Solvang Municipal Code to adopt by reference the Codes comprising the 2022 Edition of the California Building Standards Code, including the 2022 California Fire Code (incorporating and amending the 2021 International Fire Code). On January 12, 2023, the City Council adopted Resolution 23-105 making findings that the modifications to the 2022 California Fire Code adopted in Ordinance No. 22-0360 are reasonably necessary due to local climactic, geological, and topographical conditions. In particular, the City amended Section 10-2-1 to adopt by reference the “2022 California Fire Code as adopted and amended by the Santa Barbara County Board of Supervisors.”
On December 6, 2022, the Board of Supervisors for the County of Santa Barbara, acting on behalf of the Santa Barbara Fire Protection District, adopted Ordinance No. 5170 and Resolution No. 22-243.

Ordinance No. 5170 amended Chapter 15 of the Santa Barbara County Code and thereby adopted by reference and amended the 2022 California Fire Code and portions of the 2021 International Fire Code (as amended) and a fire code fee schedule. Resolution No. 22-243 made express findings that that the modifications to the 2022 California Fire Code adopted in Ordinance No. 5170 are reasonably necessary due to local climactic, geological, and topographical conditions. With these local amendments, the fire protection provisions in Chapter 15 of the Santa Barbara County Code are more stringent than those contained in the 2022 California Fire Code.

Since the City adopted Ordinance No. 22-0360 before the County adopted Ordinance No. 5170, it is necessary to readopt amendments to Title 10, Chapter 2 to more specifically refer to Chapter 15 of the Santa Barbara County Code as amended by Ordinance No. 5170 and to make specific findings in support of the local amendments to the 2022 California Fire Code. Furthermore, since the local amendments impose provisions that are more stringent than the 2022 California Fire Code, Health and Safety Code Section 13869.7 requires the City to ratify Ordinance No. 5170 in order for the local amendments to be effective. If the City does not ratify Ordinance No. 5170, the 2022 California Fire Code will apply without any amendments to reflect local conditions.

Staff recommends the Council introduce Ordinance No. 23-0367 which adopts by reference Chapter 15 - Fire Protection. At second reading of Ordinance No. 23-0367, staff will also present two resolutions for the Council’s consideration and adoption. One resolution will set forth the required findings that the modifications to the 2022 California Fire Code adopted in Ordinance 5170 and Ordinance No. 23-0367 are reasonably necessary due to local climactic, geological, and topographical conditions. The other resolution will ratify Ordinance No. 5170.
189
In accordance with Government Code 50022.3, the date of the public hearing on an ordinance adopting a code by reference is set at the first reading and the public hearing on the ordinance is held at the time of the second reading. Furthermore, a fourteen (14) day notice period is required for this public hearing on the ordinance. This means the earliest the ordinance may come back for public hearing and second reading is June 12, 2023. Staff recommends the City Council set the public hearing and second reading for Ordinance 23-0367 for Monday, June 12, 2023.

This item was presented to the City Council at their meeting on Monday, May 22, 2023. They voted 5-0 to amend Title 10 Building Regulations of the Solvang Municipal Code to amend the Fire Code in the Solvang Municipal Code into be in alignment with the County of Santa Barbara’s fire code and to hold a public hearing on Monday, June 12, 2023.

ALTERNATIVES:
1) Introduce Ordinance No. 23-0367 as proposed
2) Make modifications to Ordinance No. 23-0367 and direct staff to bring the Ordinance back for introduction at a later meeting
3) Provide further direction to staff
FISCAL IMPACT:

Adoption of the Ordinance may result in minor costs of recodification and implementation of ordinance changes, but such costs are expected to be within existing budgetary limits.

ATTACHMENTS:

A – Ordinance 23-0367
B – Ordinance 5170 of the Santa Barbara County Board of Supervisors 190
ORDINANCE NO. 23-0367

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA AMENDING CHAPTER 2 “FIRE PROTECTION AND PREVENTION” OF TITLE 10 “BUILDING REGULATIONS” OF THE SOLVANG MUNICIPAL CODE AND ADOPTING BY REFERENCE “CHAPTER 15 - FIRE PREVENTION” OF THE SANTA BARBARA COUNTY CODE (INCORPORATING AND AMENDING THE CALIFORNIA FIRE CODE, 2022 EDITION, AND PORTIONS OF THE 2021 INTERNATIONAL FIRE CODE), AND MAKING A

DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the California Health and Safety Code Section 18938(b) provides that building standards adopted by the Building Standards Commission, including those contained in certain model codes and adopted by reference into the most recent edition of the California Building Standards Code, shall apply to all occupancies in the state and shall become effective 180 days after publication in the California Building Standards Code by the California Building Standards Commission (the “Commission”) or at a later date after publication established by the Commission; and
WHEREAS, California Health and Safety Code 17958, 17958.5, 17958.7, and 18941.5 authorize cities and counties to modify the California Building Standards Code by adopting more restrictive building standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the California Building Standards Commission published the 2022 Edition of the California Building Standards Code on July 1, 2022, with an effective date of January 1, 2023, including the 2022 California Fire Codes, incorporated into Title 24 of the California Code of Regulations; and
WHEREAS, the City of Solvang is within the Santa Barbara County Fire Protection District; and
WHEREAS, on December 6, 2022 the Board of Supervisors for the County of Santa Barbara adopted Ordinance No. 5170 amending Chapter 15 of the Santa Barbara County Code and thereby adopting by reference and amending the 2022 California Fire Code and portions of the 2021 International Fire Code as amended and a fire code fee schedule; and WHEREAS, on December 6, 2022 the Board of Supervisors for the County of Santa Barbara adopted Resolution No. 22-243, making express findings that the modifications to the 2022 California Fire Code adopted in Ordinance No. 5170 are reasonably necessary due to local climactic, geological, and topographical conditions; and WHEREAS, the City of Solvang intends to adopt by reference Chapter 15 of the Santa Barbara County Code, which incorporates by reference and amends the 2022 California Fire Code and portions of the 2021 International Fire Code; and WHEREAS, California Government Code Section 50022.1, et seq. authorizes the City to adopt codes by reference, in whole or in part, as a primary code, and that the primary code may adopt by reference a secondary code, in whole or in part; and Attachment A
191
WHEREAS, the City held a public hearing on June 12, 2023, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting Chapter 15 of the Santa Barbara County Code (incorporating by reference and amending the 2022 California Fire Code and portions of the 2021 International Fire Code).

NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:

SECTION 1.

Title 10 (“BUILDING REGULATIONS”), Chapter 2 (“FIRE PREVENTION AND PROTECTION”) of the Solvang Municipal Code is hereby amended to read as follows:
10-2-1 Adoption of fire code.

Chapter 15 of the Santa Barbara County Code (incorporating by reference and amending the 2022 California Fire Code and portions of the 2021 International Fire Code) as amended by the Santa Barbara County Board of Supervisors in Ordinance No. 5170 (2022) is hereby ratified and adopted by reference as the fire code of the city.
10-2-2 Fire code official designated.

The fire code official for the Santa Barbara County Fire Protection District is hereby designated as the fire code official for the City of Solvang.
10-2-3 Referenced codes and standards.

Where other codes and standards are referred to in the code adopted in section 10-2-1 of this chapter, the following shall apply:

A. International Building Code. The 2022 California Building Code or the California Residential Code, as applicable.

B. International Plumbing Code. The 2022 California Plumbing Code.

C. International Fuel Gas Code. The 2022 California Plumbing Code.

D. International Mechanical Code. The 2022 California Mechanical Code.

E. NFPA 70 and National Electrical Code. The 2022 California Electrical Code.

F. International Residential Code for One- and Two-Family Dwellings. The 2022 California Residential Code.

G. International Fire Code. The 2022 California Fire Code.

H. International Existing Building Code. The 2022 California Existing Building Code.

SECTION 2
CEQA. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City’s environmental procedures, and has 192
been found to be exempt pursuant to be exempt pursuant to § 15061(b)(3) (general rule), § 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and § 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment and it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 3
All inconsistencies between the 2022 California Fire Code as adopted by this Ordinance and Part 9 of Title 24 of the California Code of Regulations are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Code Sections 17958 and 17958.7.

SECTION 4
Upon the effective date of this Ordinance, all former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance and the codes herein adopted by reference, including, without limitation, Ordinance No. 19-0343 and Section 2 of Ordinance No. 22-0360, and any other ordinance or portions thereof in conflict herewith are hereby repealed and declared to be of no further force and effect but only to the extent of such conflict or inconsistency.

SECTION 5.

Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinances once they are adopted. A summary of this ordinance will be prepared by the City Clerk. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. A true and correct copy of the full ordinance together with a record of the vote of each council member shall be kept by the City Clerk.

INTRODUCED at a regular meeting of the City Council held on the 22nd day of May 2023 and PASSED, APPROVED, AND ADOPTED on this 12th day of June, 2023 ______________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 193

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 23-0367 was duly introduced at a regular meeting of the City Council held on the 22nd day of May, 2023, and was duly adopted at a regular meeting of said City Council held on the 12th day of June 2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Annamarie Porter, City Clerk
194
DocuSign Envelope ID: F8BF6BC5-3E5F-48FD-862C-2FDB5382E4B0

RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE

COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA

IN THE MATTER OF ADOPTING AND AMENDING )
THE 2022 CALIFORNIA FIRE CODE AND MAKING )

EXPRESS FINDINGS THAT MODIFICATIONS ARE )

REASONABLY NECESSARY DUE TO LOCAL )

CONDITIONS FINDINGS SUPPORTING LOCAL )

AMENDMENTS TO THE CALIFORNIA FIRE CODE )
__________________)
RESOLUTION NO. 22- 243
WHEREAS, on November 29, 2022, the Board of Supervisors introduced an Ordinance adopting and amending the 2022 California Fire Code; and,
WHEREAS, pursuant to the provisions of 50022.2 of the Government Code and Sections 17922, 17958, 17958.5, 17958.7 and 18941.5 of California Health and Safety Code, the County may adopt amendments, exceptions, modifications and additions to the provisions of the 2022 California Fire Code which are reasonable and necessary due to the unique characteristics of the local climatic, geological, or topographical conditions; and,
WHEREAS, amendments, exceptions, modifications and additions to the 2022 California Fire Code comprises a portion of the Santa Barbara County Code, specifically Chapter 15, Fire Prevention; and, WHEREAS, the Board of Supervisors of the County of Santa Barbara finds and declares, as required by Sections 1798.5, 17958.7, and 18941.5 of the California Health and Safety Code, that there exists in certain areas of Santa Barbara County conditions and situations that require modification of the 2022 California Fire Code for buildings and related construction, vegetation management, events and various activities requiring permits, and enforcement actions; and further, that these conditions and situations require specific legislative action to provide for the safety and health of the populace of the County; and, WHEREAS, on November 29, 2022, the Board of Supervisors held a hearing to consider the proposed ordinance containing the amendments in Exhibit A, attached hereto and incorporated by this reference; and, WHEREAS, the following unique characteristics of the local climatic, geological, or topographical conditions exist in the County of Santa Barbara:
a) That Santa Barbara County is prone to extreme weather conditions, from hot, dry winds from the north and the east (Sundowner and Santa Ana winds), to strong westerly ( coastal) winds, which greatly enhance the ability for fire to spread as reflected in devastating recent fires. In addition, the topographical layout and features of the county make the area subject to isolation should a flood or earthquake occur, which would prevent or severely limit and delay the north and south entities from giving or receiving mutual aid and emergency assistance;
b) The present firefighting resources of this county are constrained in their efforts to control fires in large unsprinklered buildings within the urban limit boundary and all buildings outside of the urban limit boundary as designated in the county comprehensive plan; c) Geologic and topographic conditions in the county result in extended response times for firefighting resources, which may contribute to greater life and property loss in large unsprinklered buildings within the urban limit boundary and in all structures outside of the urban limit boundary; and Attachment B
195
DocuSign Envelope ID: F8BF6BC5-3E5F-48FD-862C-2FDB5382E4B0 2022 Fire Code Resolution

Page 2 of 4 ends
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