AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
MONDAY, JULY 24, 2023, 6:00 PM
Next Resolution No .23-26
Next Ordinance No. 23-02
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the City Clerk's Office (805-473-4567) at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
CALL TO ORDER
CALL TO ORDER
FLAG SALUTE
ROLL CALL Council Members Daniel Rushing, Clint Weirick, Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright
CLOSED SESSION ANNOUNCEMENTS
AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of the day. The Council should by motion adopt the agenda as presented or as revised.
CEREMONIAL CALENDAR
None
PRESENTATIONS
1. Legislative Update from Senator John Laird
Meetings can be viewed on Channel 20 and are live streamed on the City’s website via www.slospan.org. Members of the public who cannot attend the meeting in person may provide public comment during the meeting by calling (805) 321-6639 to provide public comment via phone (the phone line will open just prior to the start of the meeting at 6:00 PM) or written public comments can be submitted via email to [email protected] prior to the Council meeting. If submitting written comments in advance of the meeting, please note the agenda item. Written comments will be read out loud during the City Council meeting on the appropriate agenda item subject to the customary 3-minute time limit.
Agenda: Grover Beach City Council Meeting Page 2
Monday, July 24, 2023
PUBLIC COMMUNICATIONS
During this time, the Council will allow up to 15 minutes for Public Communication with additional communication, if necessary, allowed after the Regular Business Items. Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group. Recommendations for each item are noted in parentheses. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Items withdrawn from the Consent Agenda will be heard after the rest of the Consent Agenda is approved.
2. Treasurer’s Report for the Period June 1, through June 30, 2023 (Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
3. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period June 1, through June 30, 2023.
(Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
4. Minutes of the Central Coast Blue Joint City Council Special Meeting of Monday, June 5, 2023, and the Regular City Council Meeting of Monday, June 26, 2023. (Recommended Action: Approve the minutes of the Central Coast Blue Joint City Council Special Meeting of June 5, 2023, as submitted, contingent on the approval of Arroyo Grande City Council, Pismo Beach City Council and the Central Coast Blue Regional Recycled Water Authority Board and approve the Regular City Council Meeting minutes as submitted or revised.)
VOICE VOTE
5. Introduction and First Reading of an Ordinance to Repeal Chapter 8 (Performance of Public Projects; Purchasing of Supplies and Equipment; Contracting for Services) and Adding a New Section 2800 of Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code – Deputy City Manager Eriksson
(Recommended Action: Conduct the first reading, by title only, and introduce the Ordinance to repeal Chapter 8 (Performance of Public Projects; Purchasing of Supplies and Equipment; Contracting for Services) and Adding a New Section 2800 of Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code; and schedule the second reading and public hearing for the next regularly scheduled meeting.)
ROLL CALL VOTE
6. Professional Services Agreement for the Purchase and Implementation of Sedaru Utility Management Software – Public Works Director/City Engineer Ray and Senior Engineer Munoz-Morris
(Recommended Action: Approve a Professional Services Agreement with Sedaru Utility Management Software in the amount of $95,000 and authorize the Mayor to execute the agreement on behalf of the City.)
ROLL CALL VOTE
Agenda: Grover Beach City Council Meeting Page 3
Monday, July 24, 2023
7. Professional Consulting Services Agreement for Fats, Oils, and Grease (FOG) Program Administration – Public Works Director/City Engineer Ray and Senior Engineer Munoz-Morris
(Recommended Action: Approve a Professional Consulting Services Agreement in an amount not to exceed $100,000 with Wallace Group for Fats, Oils, and Grease (FOG) Control Program Administration services; and authorize the Mayor to execute the agreement on behalf of the City.)
ROLL CALL VOTE
8. Construction Contract for Major Street Pavement Repair Project – Public Works Director/City Engineer Ray and Senior Engineer Munoz-Morris (Recommended Action: Award the contract for construction for the Major Street Pavement Repair project to Apodaca Paving Inc. in the amount of $167,120 for the Base Bid; authorize the City Manager to sign and affirm construction change orders up to an aggregate of $16,880 and authorize the Mayor to execute the contract on behalf of the City.)
ROLL CALL VOTE
9. Resolution to Establish the Job Classification and Salary Schedule of Community Services Supervisor and Remove Job Classification of Parks and Recreation Program Director – Management Analyst Human Resources Mattocks (Recommended Action: Adopt the Resolution to establish the job classification and set the salary schedule of Community Services Supervisor and remove classification of Parks and Recreation Program Director.)
ROLL CALL VOTE
10. 2024 Federal Equitable Sharing Agreement – Police Chief Peters (Recommended Action: Adopt the Resolution authorizing the Mayor and the Chief of Police to sign a Federal Equitable Sharing Agreement that will allow the City to receive federally forfeited assets from adjudicated cases, pursuant to the Federal Equitable Sharing Program.)
ROLL CALL VOTE
11. FY 2022-23 Year-End Council Goals Implementation Report – Deputy City Manager Eriksson
(Recommended Action: Receive information on the year-end implementation status of the Council Goals in FY 2022-23.)
ROLL CALL VOTE
12. Authorization to Submit Water Infrastructure Finance and Innovation Act (WIFIA) Application for Central Coast Blue Project and Incur Related Loan Application and Issuance Costs – Administrative Services Director Purcell (Recommended Action: Authorize staff to submit an application to the Environmental Protection Agency (EPA) for a Water Infrastructure Finance and Innovation Act (WIFIA) load to fund the City’s share of Central Coast Blue project costs and incur related costs related to the application.)
ROLL CALL VOTE
13. Budget Augmentation Request for Public Works Valve Truck, Valve Turning Machine and Associated Equipment – Public Works Director/City Engineer Ray (Recommended Action: Approve Budget Augmentation Request of $82,804.25 for Public Works Valve Truck, Valve Turning Machine, and Associated Equipment.)
ROLL CALL VOTE
Agenda: Grover Beach City Council Meeting Page 4
Monday, July 24, 2023
PUBLIC HEARING
None
REGULAR BUSINESS
14. Regional Housing & Infrastructure Plan – Community Development Director Martin (Recommended Action: Convey policy support for the Regional Housing & Infrastructure Plan, as a recommitment to the 2020 San Luis Obispo Countywide Regional Compact and Provide staff with direction on future discussions relating to implementation of the Regional Housing & Infrastructure Plan.)
15. Policy Discussion on Options for an Ordinance Repealing and Replacing Chapter 1 (Sanitary Sewer System) of Article VII (Public Works) of the Grover Beach Municipal Code – Public Works Director/City Engineer Ray and Senior Engineer Munoz-Morris (Recommended Action: Receive information from staff on options for an Ordinance repealing and replacing Chapter 1 (Sanitary Sewer System) of Article VII (Public Works) of the Grover Beach Municipal Code to update the City’s Sewer Ordinance and provide direction to finalize that Ordinance to bring back to Council for consideration.)
PUBLIC COMMUNICATIONS
Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
COUNCIL COMMITTEE REPORTS
This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating.
Air Pollution Control District (APCD) Karen Bright (Alt: Robert Robert) Central Coast Blue Regional Recycled Water Authority Karen Bright (Alt: Daniel Rushing) (CCBRRWA)
South SLO County Sanitation District (SSLOCSD) Karen Bright (Alt: Clint Weirick) Integrated Waste Management Authority (IWMA) Robert Robert (Alt: Daniel Rushing) Five Cities Fire Joint Powers Authority Daniel Rushing (Alt: Clint Weirick) SLO Council of Governments / SLO Regional Transit Authority Daniel Rushing (Alt: Karen Bright) (SLOCOG / SLORTA)
South County Transit Committee Daniel Rushing (Alt: Karen Bright) Zone Three Advisory Committee Daniel Rushing (Alt: Karen Bright) Homeless Services Oversight Council (HSOC) Clint Weirick (Alt: Zach Zimmerman) SLO County Water Resources Advisory Committee (WRAC) Clint Weirick (Alt: Robert Robert) REACH Zach Zimmerman (Alt: Robert Robert)
South County Chambers of Commerce Zach Zimmerman (Alt: Daniel Rushing) Visit SLO CAL Advisory Committee Zach Zimmerman (Alt: Robert Robert) Agenda: Grover Beach City Council Meeting Page 5
Monday, July 24, 2023
COUNCIL COMMUNICATIONS
This item gives individual Council Members the opportunity to seek consensus for scheduling a specific item on a future agenda, authorizing staff time to provide background information and prepare a staff report for a future agenda, or to comment on Council business, City operations, projects or other items of community interest.
CITY MANAGER’S REPORTS AND COMMENTS
CITY ATTORNEY’S REPORTS AND COMMENTS
CLOSED SESSION
It is the intention of the City Council to meet in Closed Session concerning the following item:
A. Public Employee Performance Evaluation –
Consistent with Government Code Section 54957 (b)(1) Title: (City Manager)
ADJOURNMENT
* * * * *
Per Resolution No. 17-21, the public portion of City Council meetings will be scheduled to start at 6:00 p.m. and conclude no later than 11:00 p.m. Any open session items remaining on the agenda at 11:00 p.m. that have not been discussed or considered by the City Council will be continued to an adjourned meeting of the City Council (scheduled before the next regular meeting). However, the City Council may choose to continue the meeting past 11:00 p.m. upon a proper motion and a 4/5ths vote in favor of such an action. * * * * *
Staff reports or other written materials relating to each item of business referred to on this agenda are available from the City website www.groverbeach.org and on file in the City Clerk’s Office. A public counter copy is available for public inspection and reproduction during normal business hours at City Hall, 154 South 8th Street, Grover Beach, CA. Related materials submitted after distribution of the agenda packet are available in the City Clerk's Office during normal business hours. If you have questions regarding any agenda item, please contact the appropriate City Department. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council and distributed subsequent to distribution of the agenda packet will be made available for public inspection in the City Clerk’s Office during normal business hours.
* * * * *
Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions or call the City Clerk’s Office at (805) 473-4567 for more information.
* * * * *
The agenda and staff reports are also available on the City’s website: www.groverbeach.org
CITY OF GROVER BEACH
POLICIES AND PROCEDURES FOR CONDUCT AND DECORUM AT COUNCIL MEETINGS (Pursuant to Resolution No. 07-44, adopted 04-16-07, revised 02-18-2020) The City Council and staff welcomes and encourages civic participation and debate on issues. The Council values the public’s opinion and in every Council meeting invite and encourages the public to address the Council on any matter of interest. The Council adopted these policies and procedures for appropriate conduct and decorum at Council meetings and establish guidance for public participation during Council meetings.
These policies will foster and provide greater clarity to preserve the intent of open government and maintain a positive environment for public input and City Council decision-making.
1.0 DECORUM AND ORDER – IN GENERAL
1.1 The presiding officer is responsible for the maintenance of order and decorum at all times.
1.2 The presiding officer shall determine all points of order subject to the right of any Council member to appeal to the City Council by majority vote. If any appeal is taken, the question shall be “Shall the decision of the presiding officer be sustained” in which event a majority vote of the Council shall govern and conclusively determine such question of order.
1.3 All Council members, staff members and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. Recognizing that the First Amendment precludes the City Council form prohibiting speakers from speaking based upon the content of their speech, the presiding officer shall use their best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward course language as a courtesy to others present or otherwise viewing Council meetings.
2.0 DECORUM AND ORDER – COUNCIL MEMBERS
2.1 Manner of Speaking.
Any Council member desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Council member shall speak only to the question under debate.
2.1(a) Questioning Staff.
A Council member desiring to question the staff should address his question to the City Manager, or, in appropriate cases, the City Clerk or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.
2.1(b) Interruptions.
Once recognized, a Council member shall not be interrupted while speaking unless called to order by the presiding officer; unless a point of order is raised by another Council member, or unless the speaker chooses to yield to questions from another Council member.
3.0 DECORUM AND ORDER – STAFF
3.1 City Manager Responsibilities
The City Manager is responsible for ensuring that members of the administrative staff observe the rules of decorum and order set forth in this Policy.
3.2 Addressing the City Council
Any administrative staff member desiring to address the City Council or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer and not to any individual Council Member or member of the public. Administrative staff members shall accord the utmost courtesy to the City Council, other administrative staff members and the public.
4.0 DECORUM AND ORDER – MEMBERS OF THE PUBLIC
4.1 Addressing the City Council
Any member of the public desiring to address the City Council or members of the public shall first be recognized by the presiding officer at the appropriate place on the agenda. All remarks shall be addressed to the presiding officer and not to any individual Council Member, City Manager, City Attorney or member of the administrative staff or member of the public.
4.2 Time Limitation for Addressing the City Council
Public comment when addressing the City Council shall be generally limited to three (3) minutes per speaker. Depending on the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, set a different time limit for each speaker. Any person may speak for a longer period of time upon approval from the presiding officer, when deemed necessary, for instance when a person is speaking on behalf of a group or has a graphic or slide presentation requiring more time.
4.3 Failure to Yield, Disruptions
Any person who refuses to relinquish the floor after their allotted time or while attending the City Council meeting engages in conduct or speech which disrupts the business of the meeting shall be brought to order and/or removed from the room if the sergeant-at-arms is so directed by the presiding officer.
Disruptive remarks from the audience, stamping of feet, clapping, whistles, yells and similar demonstrations shall not be permitted by the presiding officer who may direct the sergeant-at-arms to remove such offenders from the room.
4.4 Prosecution
Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer.
5.0 ENFORCEMENT OF DECORUM
5.1 The Chief of Police or his designee shall be the ex-officio sergeant-at-arms of the City Council. The sergeant-at-arms shall carry out all legal and valid orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms to remove any disorderly person from the Council Chambers or place the disorderly person under arrest or both.
5.2 As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or group of persons so as to render the orderly conduct of such meeting unfeasible or impedes the ability of the Council to hold the meeting, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
Agenda Item No. 1
Legislative Update from Senator John Laird
(CC Mtg 7/24/2023)
No Documents for This Item –
Legislative Update from Senator John Laird
Agenda Item No. 2
ACCOUNTS PAYABLE
CHECK DATE 06/01/2023
Check Name Check Amount Check Date Invoice Desc
73393 1-800-GOT-JUNK 29,723 .00 06/01/2023 ECR HOMELESS ENCAMPMENT CLEANUP 05/19/2023 73394 A M Peche & Associates LLC 4,072 .50 06/01/2023 Services rendered for Financial Consulting Services 73395 AMAZON CAPITAL SERVICES 276.81 06/01/2023 CORP YARD FIRST AID KITS - SUPPLY RESTOCK 73396 Ascencio, Cindy 83.00 06/01/2023 2842 5/21/23 16th Street security deposit refund 73397 Baltierra, Jennifer 83.00 06/01/2023 2852 5/6/23 16th Street security deposit refund 73398 Big Wakoo Fence, Inc 29,418.00 06/01/2023 GROVER BEACH MARGARITA AVE FENCE 73399 BRENNTAG PACIFIC INC. 5,198.45 06/01/2023 AQUAPURE 73400 CITY OF GROVER BEACH WATER DEPT. 7,441.56 06/01/2023 City Water Accounts 3/1/23-5/1/23 73401 CITY OF PISMO BEACH 644,098.14 06/01/2023 CCB COST SHARING 73402 COASTLAND INC 5,900.00 06/01/2023 JUNE GROUNDS MAINTENANCE 73403 COBB TREE'S INC. 900.00 06/01/2023 103-TRAIN STATION DEAD TREE REMOVAL 73404 Diaz, Esmeralda 83 .00 06/01/2023 2839 5/20/23 16th Street Park security deposit refund
95.3 The Beach radio advertisement for Summer Concerts
73405 Dimes Media Corporation 213.00 06/01/2023 2023
73406 DJ'S PLUMBING INC 2,183.50 06/01/2023 CITY HALL PLUMBER CALL OUT 04/11/2023 73407 Dominguez, Linnaea 83.00 06/01/2023 28615/7/23 GH Upper security deposit refund 73408 El Dorado Brands LLC 4,000.00 06/01/2023 rent at 921 Huston for June 2023 Monthly Cleaning Ramona & GBCC. Building attendant
73409 EXECUTIVE JANITORIAL INC. 1,100.00 06/01/2023 services. 73410 FRANCHISE TAX BOARD 75.00 06/01/2023 Franchise Tax Board Garnishment for Employee 73411 FRANCHISE TAX BOARD 100.00 06/01/2023 Child Support Garnishment for Employee GROVER BEACH POLICE OFFICERS Grover Beach Police Officers Association Dues for Check 73412 ASSOC. 990.00 06/01/2023 Date 6-2-23
2858 Security deposit refund from 5/13/23 Grover
73413 Guerrero, Olivia 83.00 06/01/2023 Heights Lower
73414 HEARTLAND CHARTER SCHOOL 83.00 06/01/2023 2784 5/24/23 16th Street Park security deposit refund 73415 J.F. Will Company, Inc. 193,326.04 06/01/2023 CIP 2295-15 & CIP 2274 73416 JAY SWIFT 500.00 06/01/2023 Medical reimbursement per retiree contract - June 2023 73417 Kestly Corporate Apparel 727.59 06/01/2023 Ladies Monarch Butterfly Tee Shirt 73418 LEE WILSON ELECTRIC CO. INC 1,020.00 06/01/2023 TRAFFIC SIGNAL MAINTENANCE - APRIL 2023 73419 Lopez, Mayra 83.00 06/01/2023 2832 GH Upper 4/22/23 security deposit refund 73420 MARIA GARCIA 83 .00 06/01/2023 2787 Security deposit refund 16th Street Park 5/13/23 73421 Maverick Data Systems 750.00 06/01/2023 Warrant Builder - 3 license DINNER FOR PUBLIC WORKS STAFF@ SLO FARMERS
73422 Munoz-Morris, Gabriel 96.06 06/01/2023 MARKET PUBLIC WORKS NIGHT 05/25/2023 73423 PACIFIC GAS AND ELECTRIC 19,297.45 06/01/2023 Public Works & Parks & Electric 4/18/23 - 5/21/23 73424 Perry, David 239.24 06/01/2023 2023 WORK BOOTS - D. PERRY 73425 PORTABLE JOHNS INC. 108.12 06/01/2023 SINGLE UNIT RENTAL 04/09/2023 - 05/06/2023 73426 Reyes, Roy 800.00 06/01/2023 Soul Kool 2023 Band Payment for Summer Concert Series 73427 RICH ROLSON 625.00 06/01/2023 Soul Kool Sound System for Summer Concerts 2023 73428 Rodriguez, Penny 83.00 06/01/2023 2834 5/20/23 GH Upper security deposit refund SAN LUIS OBISPO AIR POLLUTION PERMIT #2098-3 STANDBY ENGINE ANNUAL OPERATING 73429 CONTROL DISTRICT 1,396.56 06/01/2023 FEE FY 2023-24 73430 STATE DISBURSEMENT UNIT 250.00 06/01/2023 Child Support Garnishment for Employee 73431 STATE DISBURSEMENT UNIT 154.50 06/01/2023 Child Support Garnishment for Employee
STATEWIDE TRAFFIC SAFETY & SIGNS
73432 INC LOCKBOX# 912 236.02 06/01/2023 Supplies
73433 SUN RIDGE SYSTEMS, INC. 151,033 .88 06/01/2023 software installation and training 25% payment Check Name Check Amount Check Date Invoice Desc
73434 TOSTE CONSTRUCTION INC 11,870.00 06/01/2023 NORTH 4TH STREET STRIPING - ECR CLEANUP EFFORTS 73435 Traffic Management, Inc. 293.85 06/01/2023 HANDICAP SIGNS FOR TRAIN STATION 73436 ULTREX 21.65 06/01/2023 Sharp MX-5071 usage 4/18/23 t o 5/17 /23 TOTAL $ 1,119,182.92
ACCOUNTS PAYABLE
CHECK DATE 06/08/2023
Check Name Check Amount Check Date Invoice Desc
05Q Subsistence EP from 1/1/2023 to 3/31/2023.
73437 5Cities Homeless Coalition 59,560.78 06/08/2023 CDBG-2020 73438 ABALONE COAST ANALYTICAL INC 1,862.00 06/08/2023 Water Testing Service 73439 ADAMS ASHBY GROUP LLC 6,750.00 06/08/2023 20-CDBG-CV Warming Shelter - April 2023 73440 AGP Video 6,375.00 06/08/2023 AGP Video Inv 8926 PC-CC Meetings 9-29-2022 73441 Alexander's Contract Services 2,912.20 06/08/2023 North Side Meter Reads - 2060 meters 73442 AMAZON CAPITAL SERVICES 130.44 06/08/2023 Crucial RAM 16GB DDR4 3200MHz CL22 73443 American Water Works Assoc 487.00 06/08/2023 Membership Renewal ANIMAL SERVICES ATTN: ACCOUNTS
73444 RECEIVABLE 20,469.25 06/08/2023 Q4 FY 2022-23 Animal Services
ARAMARK UNIFORM SERVICES AUS WEST
73445 LOCKBOX 1,387.86 06/08/2023 UNIFORMS
73446 ARROYO GRANDE CHEVROLET 321.23 06/08/2023 Unit 206, fuel pump control module, replace surge tank 73447 Astound Business Solutions 5,143.53 06/08/2023 Central Coast Blue -Wifi Charges 73448 AT&T 2,039.34 06/08/2023 City Hall Telephones 4/25/23-5/24/23 73449 AT&T 608.68 06/08/2023 City Hall & PD Fax & Modem 4/22/23-5/21/23 73450 Burdine Printing 182.58 06/08/2023 Rack cards and posters for summer concerts 2023 73451 CHARTER COMMUNICATIONS 746.94 06/08/2023 City Facilities - Internet Charges 5/11/23-6/10/23
CITY OF ARROYO GRANDE RECREATION
73452 SERVICES DEPT 4,547.55 06/08/2023 Summer Activity Guide printing and postage 73453 CITY OF PISMO BEACH 49,000.00 06/08/2023 Dispatch Service May 2023 Coastal 0cc Med Grp DBA AKESO 0cc Akeso-CoastalOccMedGroup_lnv. S14345_Howell_5-18· 73454 Health 1,085.00 06/08/2023 23
Mentone Completed 5/2/23, Tree along 14th St
73455 COBB TREE'S INC. 5,700.00 06/08/2023 completed 5/2/23 73456 COLD CANYON LANDFILL INC. 369.25 06/08/2023 Waste Disposal - Yard Loe #107 73457 Cuesta Polygraph & Investigations 2,688.10 06/08/2023 pre-employment for Trenten Howell 73458 DATAPROSE LLC 2,773.60 06/08/2023 Utility Billing - May 2023 73459 Fastenal Company 124.82 06/08/2023 Circ Blade PW
Installed 2 new LED flood fixtures on Grand between
73460 G.T. COX ELECTRIC 1,093.00 06/08/2023 10th & 11th 73461 GRAINGER 202.86 06/08/ 2023 Diaphragm Pump - Yard Gopher Trapping, Loe 111, #112, #109, #110, #113,
73462 Hacienda Gardening 1,220.00 06/08/2023 #114
73463 Hale, David P - Law Offices of David P. Hale 12,543.00 06/08/2023 May 2023 Attorney Fees 73464 Howell, Darren 2,500.00 06/08/2023 Summer Concert Series Acoustic Generation 2023 73465 J.B. DEWAR INC. 5,838.19 06/08/2023 Gasoline charges for PW vehicles 73466 JULIAN MORA Dba 2M WASTE SOLUTIONS 760.00 06/08/ 2023 Trash pick up @ El Camino Rea l 73467 KIMBALL MIDWEST 662.80 06/08/2023 Safety Glasses - Credit Loc#107 73468 LexisNexis Risk Data Management, Inc. 848.93 06/08/2023 AVCC Subscription, Cannabis May 2023 73469 LIEBERT CASSIDY WHITMORE 3,092.50 06/08/2023 LCW Inv 240317 ProSvcs-HR 4-30-2023 73470 Lopez, Eleanor 83.00 06/08/2023 2786 16th Street 5/24/23 security deposit refund Grover Sewer System Upgrades QA/QC. Billing through
73471 Michael K. Nunley & Associates, Inc. 10,910.67 06/08/2023 May 31, 2023 73472 MINERS HARDWARE 1,123.58 06/08/ 2023 Supplies
73473 N-EAR, Inc 2,714.82 06/08/2023 left and right earpiece 73474 New Times 54.00 06/08/2023 New Times Inv 354492 NewspaperAd 5-18-2023 73475 O'REILLY'S AUTOMOTIVE INC 616.44 06/08/2023 SU PPLIES 73476 Peak WiFi.com 2,909.95 06/08/2023 Network Services for May 2023 Check Name Check Amount Check Date Invoice Desc
73477 PHOENIX GROUP INFORMATION SYSTEMS 1,638.21 06/08/2023 Parking Citation service for April 2023 73478 PORTABLE JOHNS INC. 542.77 06/08/2023 Portable restrooms for Summer Concerts June 2023 73479 PROCARE JANITORIAL SUPPLY 1,813.42 06/08/2023 Multifold Towels and Toilet Tissue - Corp Yard #107 Acoustic Generation Summer Concert Series Sound
73480 RICH ROLSON 625.00 06/08/2023 Payment
Project C19823-000 Grover K14 Street Repair 2295-16.
73481 RICK ENGINEERING COMPANY 16,387.50 06/08/2023 Services from April 1, 2023 to April 28, 2023 Project 22978.00 City of GB CIP 3004. Services for the
73482 Roesling Nakamura Terada Architects, Inc. 46,465.16 06/08/2023 period March 1, 2023 to March 31, 2023 San Diego Centre for Organization The Centre for Org Effectiveness_lnv TCFOE4190_5-22- 73483 Effectiveness 200.00 06/08/2023 23
73484 Service 1st 35.85 06/08/2023 credit checks, Howell, Bottoms, Rubio 73485 Siteone Landscape Supply, LLC 258.32 06/08/2023 Landscape Supplies SOUTH SAN LUIS OBISPO CO. SANITATION
73486 DISTRICT 194,325.11 06/08/2023 San Dist Monthly pmt for May 2023 73487 SpeakWrite Billing Department 113.81 06/08/2023 dictation services May 2023 73488 TEMPLETON UNIFORMS 1,089.20 06/08/2023 Uniforms
73489 VERIZON WIRELESS 1,600.39 06/08/2023 Monthly charges-Com Dev & Parks (4/27 /23-5/26/23) Total $ 487,533.63
ACCOUNTS PAYABLE
CHECK DATE 06/15/2023
Check Name Check Amount Check Date Invoice Desc
AGP Video_lnv 9125_VideoProduction_PC-CCMtgs_6-
73490 AGP Video 1,875 .00 06/15/2023 8-23
73491 AMAZON CAPITAL SERVICES 109.51 06/15/2023 Office supplies 73492 Appl ied Technology Group, Inc. 7,381.14 06/15/2023 install desk, ups, labors for EOC Dispat ch Room 73493 AT&T TELECONFERENCE SERVICES 40.10 06/15/2023 AT&T Teleconference Svc Inv 306-006481 6-1-2023 73494 BALL, STEPHEN 481.38 06/15/2023 Unclaimed money
73495 BROADCAST MUSIC INC 421.00 06/15/2023 Music licensing 6/1/23 - 5/31/24 73496 CARQUEST AUTO PARTS 174.70 06/15/2023 Parts for Truck #302 Loc#217 73497 CARR'S BOOT & WESTERN WEAR 212.60 06/15/2023 Work Boots for PW employee FY24 - Volunteer insurance renewal for Policy Term
73498 CIMA 1,148.42 06/15/2023 7 /1/23-7 /1/24
.73499 CSC of Sal inas 207.21 06/15/2023 Rotary Lift Reservoir Parts copier lease, Sharp MX-C304W, 6/1/23 to 6/30/23,
73500 DE LAGE LANDEN 67.43 06/15/2023 contract 500-50136288 copier lease Records, Sharp MX5071, 6/1/23 to
73501 DE LAGE LANDEN 312 .12 06/15/2023 6/30/23, contract 500-50083574 Lease payment for Sharp/MX-5071 Copier - June
73502 DE LAGE LANDEN 227.29 06/15/2023 2023
DEPT OF JUSTICE ACCOUNTING
73503 OFFICE/CASHIERING UNIT 550.00 06/15/2023 May 2023 Livescan 73504 FRANCHISE TAX BOARD 75 .00 06/15/2023 Franchise Tax Board Garnishment for employee 73505 FRANCHISE TAX BOARD 100.00 06/15/2023 Franchise Tax Board Garnishment for employee 73506 FRANK'S LOCK & KEY 80.00 06/15/2023 Rekey lock at the Yard - loc#107 GROVER BEACH POLICE OFFICERS Grover Beach Police Association Dues for check date 73507 ASSOC. 990.00 06/15/2023 6-16-23
HARRIS ENTERPRISE RESOURCE
73508 PLANNING HARRIS SYSTEMS 2,250.00 06/15/2023 Quote 4012-New AP Check Stylesheet 73509 JAS PACIFIC 10,454.90 06/15/2023 JAS April2023 Bldg Plan Reviews 73510 KIMBALL MIDWEST 548.51 06/15/2023 Parts for Equipment
MISSION LINEN SUPPLY SAP
73511 #110035 219.17 06/15/2023 Mat and mop service GBCC 5/11/23 73512 Mollenkopf, Brian Lee 35.00 06/15/2023 Unclaimed money - Outstanding check #18254 73513 New Times 106.00 06/15/2023 New Times Inv 355053 NewspaperAd 6-1-2023 73514 NOBLE SAW 657.23 06/15/2023 Parts for line trimmers - loc #107 73515 PITNEY BOWES INC. 447.50 06/15/2023 Postage Machine Lease 3/30/23-6/29/23 73516 Ready Refresh by Nestle 343.25 06/15/2023 Bottled Water 73517 Reinhardt, Johnnie 50.00 06/15/2023 Rebate Smart Irrigation Controller - 1840 Atlantic City Summer Concert Series 2023 Careless Whisper
73518 RICH ROLSON 625.00 06/15/2023 Sound Engineer
73519 Roy, Christopher 50.00 06/15/2023 Unclaimed money 73520 SCA of CA, LLC 6,152.72 06/15/2023 Venco - Street Sweeping Service Careless Whisper Summer Concert Series 2023
73521 Spandex Entertainment LLC 2,000.00 06/15/2023 Payment 73522 STATE DISBURSEMENT UNIT 250.00 06/15/2023 Child Support Garnishment for employee 73523 STATE DISBURSEMENT UNIT 154.50 06/15/2023 Child Support Garnishment for employee
STATEWIDE TRAFFIC SAFETY &
73524 SIGNS INC LOCKBOX# 912 89.23 06/15/2023 Street Signs - No Trucks Check Name Check Amount Check Date Invoice Desc
73525 TCA Tools Inc 265.62 06/15/2023 Tools for Faci lities & Streets 73526 TEMPLETON UNIFORMS 3,307.12 06/15/2023 Uniforms
73527 Traffic Management, Inc. 426.34 06/15/2023 Street Signs 73528 Tyler Technologies, Inc 2,628.00 06/15/2023 Stage 1 - April 2023 73529 UNIVAR USA INC 2,359.34 06/15/2023 Liquichlor
US BANK CORPORATE PAYM ENT
73530 SYSTEMS 11,825.03 06/ 15/2023 Em ployee credit card purchases 73531 WEST COVINA NURSERIES 84.05 06/15/2023 16th St Park Tree loc#l09 TOTAL $ 59,781.41
ACCOUNTS PAYABLE
CH ECK DATE 06/22/2023
Check Name Check Amount Check Date Invoice Desc
73532 AFLAC 655.74 06/22/2023 AFLAC premiums - June 2023 73533 AIRGAS USA LLC 156.12 06/22/2023 Large Acetylene, Argon, Oxygen Alexander Ghanotakis or ABG Refund of Deposit Accounts Funds for 858 N 5th St - 72 .64, 1379 73534 Development 645.84 06/22/2023 Baden $7.76, 1296 Saratoga & 453 N 13th $565.45 Amazon Business_lnv 13TJ-JCWX-4MFM_Kitchen Supplies_6-16- 73535 AMAZON CAPITAL SERVICES 66.94 06/22/2023 23
73536 Anna Lanier 182.51 06/22/2023 Reimburse Anna for Tiny Tots Supplies 6.20.23 73537 Anna Lanier 1,778.00 06/22/2023 Tiny Tots for June 2023 73538 AQUA-METRIC SALES CO. 14,401.91 06/22/2023 30 - 3/ 4" meters, 25 - 3/4" meters, 1 - 2" meter 73539 ARCHULETA 25.99 06/22/2023 UB Refund due to Ovrpmt on Closing Acct# 899 73540 AT&T 125.72 06/22/2023 Monthly Water Alarm Circuits 6/7/23-7/6/23 73541 AUTO ZONE INC 60.77 06/22/2023 Unit 203, oil and filter 73542 Big Brand Tire & Service 767.00 06/22/2023 tires for patrol vehicles 73543 Bolayog, Sebrina 83 .00 06/22/2023 2856 GH Lower 5/20/23 security deposit refund 73544 Burian, Kurt 50.00 06/22/2023 Smart Irrigation Controller Rebate @ 1819 Newport 73545 CARQUEST AUTO PARTS 194.24 06/22/2023 Unit 203, brake pad and rotor 73546 Charlotte L Ritter 56.00 06/22/2023 June 2023 Dance Fitness, Multi Culture class payment 73547 Clint Steele Weirick 107.90 06/22/2023 Cl int Weirick CJPA Seminar Ca rlJ r dinner 6-6-2023
COUNTY OF SAN LUIS OBISPO
73548 ENVIRONMENTAL HEALTH SER 1,334.80 06/22/2023 Cross Connection 73549 Crosby, Theresa 526.00 06/22/2023 Cash for Grass Rebate@ 1775 Saratoga 526 sq ft 73550 CSG Consultants, Inc 1,560.00 06/22/2023 May2023 CSG Fire Sprinkler Reviews 73551 Cuellar, Savannah 83.00 06/22/2023 2803 Cuellar, S reimburse GH Lower 6/10/23 73552 DAVID CASTILLEJA 83.00 06/22/2023 2863 16th park refund security deposit 73553 Dayspring, Helios 2,701.36 06/22/2023 Refund of Deposit Account 821 S 4th Street Dependable Fire Protection/AKA R
73554 S Fire Protection 1,926.38 06/22/2023 ANNUAL FIRE EXTINGUISHER SERVICES 73555 Digital West 5,143.53 06/22/2023 Central Coast Blue -Wifi Charges 73556 ERIC M FLORES 820.92 06/22/2023 UB Refund Due to Ovrpmt on Acct# 18975 73557 ERIKA H NERI 92.80 06/22/2023 UB Rfnd Due to Ovrpmt on Closing Acct# 21398 73558 EXECUTIVE JANITORIAL INC. 6,629.00 06/22/2023 June 2023 cleaning and building attendant services 73559 FRANK'S LOCK & KEY 75.43 06/22/2023 Kidde Lock @ Yard Loc#107 73560 Garcia, Maria 83.00 06/22/2023 2840 16th Park 6/10/23 refund security deposit 73561 GATOR CRUSHING & RECYCLING 47.05 06/22/2023 Concrete Recycling 73562 Heidy Mangiardi 228.90 06/22/2023 Zumba for June 2023 73563 HOWARD P KEPLER 128.55 06/22/2023 UB Rfnd Due to Ovrpmt on Closing Acct# 17574 73564 J.B. DEWAR INC. 4,959.05 06/22/2023 Gasoline charges for PW vehicles 73565 JAS PACIFIC 6,400.00 06/ 22/2023 JAS Inspector Services April2023 73566 Jennifer Ann Anderson 73.50 06/ 22/2023 Yoga for June 2023 73567 JENNIFER WEISSMAN 75.85 06/22/2023 UB Refund due to Ovrpmt on Closing Acct# 19780 73568 Joshua Stuart 18.93 06/22/2023 UB Rfnd Due to Ovrpmt on Closing Acct# 20473 73569 Kathy Bond 35.00 06/22/2023 Call igraphy class June 2023 73570 Kristopher Doe 268.33 06/22/2023 Paint payment 1 - June 2023 73571 Leon, Juan 349.02 06/22/2023 Unclaimed Money
Life of Riley, LLC OBA: The Illusion
73572 on Grand 200.00 06/22/2023 Illusion Inv 001 Exect Team Retreat 6-9-2023 73573 LUZ LUCY LEG REID 190.64 06/22/2023 U B Refund due to Ovrpmt on Closing Acct# 17186 73574 MAINLINE UTILITY COMPANY 1,800.00 06/22/2023 Lift Station Cleaning 73575 MARGARET FAKE 10.75 06/22/2023 UB Refund due to overpmt on closing Acct #20597 73576 McCall, Christopher 361.44 06/22/2023 Refund of Deposit Account 910 Huston McCall Const Oba/ McCall
73577 Plumbing & Mechanical 2,472.45 06/22/2023 GB PD - Service Loe #101 73578 MICHAEL BORDEN 59.57 06/ 22/2023 UB Refund due to Ovrpmt on Closing Acct 21771 Check Name Check Amount Check Date Invoice Desc
CM for Trouville, S 7th, Ocean View Measure K-14 Street Repairs CIP 2295-14. Services for the period February 1, 2023 to February 73579 MNS Engineers, Inc. 2,480.00 06/22/2023 28,2023
73580 Moore, Hattie 83.00 06/22/2023 288116th park 6/3/23 security deposit refund 73581 Office Depot 2,431.26 06/22/2023 City Hall Suppplies 73582 PACIFIC GAS AND ELECTRIC 148.88 06/22/ 2023 Public Works Electric Charges 5/9/23 - 6/7 /23 73583 PHELAN KATHRYN 371.00 06/22/ 2023 June 2023 Class Tai Chi 73584 PITNEY BOWES INC. 114.00 06/22/2023 Letter Opener Olympus Maintenance Agreement 1/1/23-6/30/23 73585 Renshaw, Marisa 83.00 06/22/2023 2870 GH Upper 5/2/23 security deposit refund Sound Engineer for Erin and the Earthquakes - Summer Concert 73586 RICH ROLSON 625.00 06/22/2023 Series 2023
GB K14 Street Repair Project 2295-16 C19823-000. Services from 73587 RICK ENGINEERING COMPANY 100,966.00 06/22/2023 April 29, 2023 to May 26, 2023 73588 Roullard, Erin 1,500.00 06/22/2023 Erin and Earthquakes Summer Concert Series 2023 Combined Refund of Deposit Account 9th & Newport $728.26 73589 SAC Wireless LLC 1,041.58 06/22/2023 and S 4th @ Highland $313.32.
SAN LUIS OBISPO AIR POLLUTION
73590 CONTROL DISTRICT 2,071.52 06/22/2023 Renewal of Equipment 73591 Sanchez, Araceli 954.00 06/22/2023 2880 Ramona Park Refund security deposit 6/10/23 73592 SANDY MERSHON 98.01 06/22/2023 Reimburse Sandy for Tiny Tots items 1.25.23 73593 SANDY MERSHON 2,774.80 06/22/2023 Tiny Tots for June 2023 73594 Schroeder, Ashley 83.00 06/22/2023 2860 GH Upper 6/11/23 security deposit refund 73595 SCOTT REYNOLDS 186.75 06/22/2023 UB Refund due to Ovrpmt on Closing Acct 21450 SENTINEL SECU RITY SOLUTIONS, Nitrate Plant/ 16th 7 Mentone Alarm Monitoring - July through 73596 Inc 269.70 06/22/2023 September
73597 Separzadeh, David 1,942.75 06/22/2023 Refund of Deposit Account 1030 Huston 73598 SOUTHERN CALIF GAS CO 299.14 06/22/2023 Gas charges for City Facilities - 5/9/23-6/13/23 73599 SUSANNA PLATA 108.38 06/22/2023 UB Rfnd Due to Ovrpmt on Closing Acct# 20889 73600 TERMINIX PROCESSING CENTER 141.00 06/22/2023 Pest Control - PD Loc#l0l 73601 Tonnnn LLC 527.61 06/22/2023 Refund of Deposit Account 871 & 881 S 4th Street 73602 TONY HO 41.46 06/22/2023 UB Refund due to Ovrpmt on Closing Acct 18562 73603 Tough Automation 14,400.00 06/22/2023 Design Front Street Lift Station Controls 73604 Tripepi, Smith & Associates, Inc. 7,759.00 06/22/2023 Tripepi Smith Inv 10275 Retainer 6-15-2023 73605 Tuckfield & Associates 472.50 06/22/2023 Water and Wastewater Rate Study 4/1/ 23 - 5/31/23 73606 Tupper, Deborah 2,148.93 06/22/2023 Refund or Withdrawn Permit#BP-23-00289 73607 Tyler Technologies, Inc 2,175.00 06/22/2023 Stage 1 May 2023 Records Copier Sharp SHA-MX-5071 usage 5/18/23 to 6/17 /23, additional charges due to past meter readings only being 73608 ULTREX 536.07 06/22/2023 estimated
73609 Valentino, Mary 83.00 06/ 22/2023 2875 GH Upper 6/10/23 security deposit refund 73610 Vital Records Holdings, LLC 146.20 06/22/2023 Document Storage - May 2023 73611 Xavier, Alfaro 259.38 06/22/2023 Refund of Deposit Account 344 North 16th Street 73612 Zimmerman, Zachary 66.17 06/22/2023 Refund of Deposit Account Funds @ 775 W Grand Unit H TOTAL $ 205,484.02
ACCOUNTS PAYABLE
CHECK DATE 06/29/2023
Check Name Check Amount Check Date Invoice Desc
73613 AMAZON CAPITAL SERVICES 476.23 06/29/2023 Supplies
AMERICAN PROMOTIONAL
EVENTS INC TNT FIREWORKS
73614 /C 882.00 06/29/2023 TNT Fireworks Behtel House Fireworks Permit Refund 6-27-23
ARROYO GRANDE
73615 CHEVROLET 789.70 06/29/2023 Unit 202, replaced heater hose and tline connectors 73616 AT&T 2,040.83 06/29/2023 City Hall Telephones 5/25/23-6/24/23 73617 AT&T 608.68 06/29/2023 City Hall & PD Fax & Modem - 5/22/23-6/21/23 73618 AUTO ZONE INC 171.79 06/29/2023 Supplies
73619 Badge Frame, Inc 1,992.60 06/29/2023 our principles, our purpose signs 73620 Bratcher, Susan 1,500.00 06/29/2023 Susan Ritchie Band Payment for SCS 2023 73621 BRENNTAG PACIFIC INC. 6,594.32 06/29/2023 BULK AQUAPURE
CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
73622 REHABILIT 2,915.12 06/29/2023 CMC INMATE CLEAN UP CREW 05/23/2023
CARR'S BOOT & WESTERN
73623 WEAR 240.33 06/29/2023 Work Boots - Jorge Romero
Central Coast Blue Regional
73624 Recycled Water Auth 58,437.72 06/29/2023 FY24 CCB Proportional Cost Share through June 30, 2024
CITY OF GROVER BEACH
73625 WATER DEPT. 8,263.36 06/29/2023 City Water Accounts 4/1/23-6/1/23 73626 CITY OF PISMO BEACH 49,000.00 06/29/2023 Dispatching Services for June 2023 73627 Clint Steele Weirick 61.74 06/29/2023 Clint Weirick-CM-LCC Channel County Mtg Fuel 6-23-23 73628 Connie Wilkinson 83 .00 06/29/2023 2885 16th St 6/17 /23 security deposit refund 73629 DE LAGE LANDEN 108.74 06/29/2023 laserfiche lease,Canon imageformula DRD-G2110, 6/15/23to 7 /14/23 73630 Dimes Media Corporation 852 .00 06/29/2023 June 2023 Radio Ads for Summer Concerts 73631 Egan, Vanessa 83.00 06/29/2023 2884 16th St park security deposit refund 73632 ELECTRICRAFT 5,755.00 06/29/2023 22-295 Generator Connections 73633 Espinosa, Marina 83.00 06/29/2023 2891 6/24/23 GH Upper security deposit refund 73634 Fastenal Company 262.41 06/29/2023 Gloves for the Yard loc#l07 73635 FRANCHISE TAX BOARD 75.00 06/29/2023 Franchise Tax Board Garnishment for Employee 73636 FRANCHISE TAX BOARD 100.00 06/29/2023 Franchise Tax Board Garnishment for Employee 73637 Fritts Ford 79,979.87 06/29/2023 FORD F350 REG CAB CHASSIS - NEW VALVE TRUCK 73638 Garcia, Rosie 83.00 06/29/2023 2889 6/9/23 16th St security deposit refund 73639 J.F. Will Company, Inc. 495,530.81 06/29/2023 Measure K-14 St Rehab 2295-15, 3003, 2274 LEE WILSON ELECTRIC CO.
73640 INC 1,087.50 06/29/2023 Time and Material 2023 8th & Grand 73641 LIEBERT CASSIDY WHITMORE 18,307.15 06/29/2023 Professional services rendered through Feb 28, 2023 MATTHEW BENDER & CO.,
73642 INC. 248.44 06/29/2023 CA PUB Employees Retirement Books Med-Stops Medical Clinic,
73643 Inc 517.00 06/29/2023 Medstop km Inv 24170 EGreen 6-9-2023 73644 Mollenkopf, Brian Lee 28.00 06/29/2023 Unclaimed Money 73645 MORFIN JOSE 83.00 06/29/2023 2843 GH Lower 5/27/23 security deposit refund 73646 New Times 426.00 06/29/2023 New Times Inv 355448 NewpaperAd 6-15-2023 73647 PACIFIC GAS AND ELECTRIC 21,590.53 06/29/2023 Public Works & Parks & Rec Electric 5/18/23-6/21/23
PHOENIX GROUP
73648 INFORMATION SYSTEMS 1,042.68 06/29/2023 May 2023 Parking Citations 73649 PITTS, SUSAN 83.00 06/29/2023 2888 GH Lower 6/3/23 security deposit refund 73650 PORTABLE JOHNS INC. 108.12 06/29/2023 SINGLE UNIT RENTAL & SERVICE 05/07/2023-06/03/2023 Check Name Check Amount Check Date Invoice Desc
Principal Life Insurance
73651 Company 5,257.65 06/29/2023 Employee insurance premiums - May 2023 73652 Pro Force Law Enforcement 7,533.42 06/29/2023 tac vest carry bag,id patch large 73653 Quintana, Sonia 954.00 06/29/2023 2849 GBCC 6/17/23 security deposit refund 73654 RICH ROLSON 625.00 06/29/2023 Sound Engineer for Susan Ritchie Band 23 South County Chambers of
73655 Commerce 250.00 06/29/2023 Full page ad for Summer Concerts 2023 73656 TEMPLETON UNIFORMS 107.25 06/29/2023 gbpd hats
73657 Traffic Management, Inc. 1,019.01 06/29/2023 Street Sign Tripepi, Smith & Associates,
73658 Inc. 4,588.00 06/29/2023 Tripepi Smith Inv 10325 Website Design_6-20-2023 73659 ULTREX 524.25 06/29/2023 Sharp/MX-5071 Copier lease 5/13/23-6/12/23 73660 VERIZON WIRELESS 383.77 06/29/2023 Cel Phones for PW Crew City of GB Sewer Video Inspection North Half CM . Project 0636-0024- 73661 WALLACE GROUP 1,444.50 06/29/2023 00 Services rendered through May 31, 2023 Water Systems Consulting NCMA Staff Extension Services FY 22-23. Services rendered from 73662 Inc. 2,174.80 06/29/2023 5/1/2023-5/31/2023
TOTAL $ 785,353.32
Agenda Item No. 3
ACTION MINUTES
ARROYO GRANDE CITY COUNCIL
GROVER BEACH CITY COUNCIL
PISMO BEACH CITY COUNCIL
CENTRAL COAST BLUE REGIONAL RECYCLED WATER AUTHORITY BOARD
SPECIAL JOINT MEETING
MONDAY, JUNE 5, 2023, 6:00 PM
SOUTH COUNTY REGIONAL CENTER
800 W. BRANCH STREET, ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor/Chair Waage called the meeting to order at 6:05 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Vice-Chair Ray Russom led the pledge of allegiance.
TELECONFERENCE PROCEDURE
Item: Notification by a Legislative Body Member of the Need for Teleconference Meeting Attendance for Just Cause Under Assembly Bill 2449
Council Member Clint Weirick notified the Councils and Board of the need to attend the meeting by teleconference under the provisions of Assembly Billy 2449 for just cause; gave a brief general description of the circumstances giving rise to the need to attend virtually; and disclosed that there were no other adults present at the remote location.
Action: No action was taken.
3. ROLL CALL
Arroyo Grande: Council Members Lan George, Jim Guthrie, Kate Secrest, Mayor Pro Tem Kristen Barneich, and Mayor Caren Ray Russom were present.
Grover Beach: Council Members Daniel Rushing, Clint Weirick (via teleconference), Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright were present.
Pismo Beach: Council Members Marcia Guthrie, Stacy Inman, Scott Newton, and Mayor Ed Waage were present. Mayor Pro Tem Mary Ann Reiss was absent.
CCB RRWA: Board Member Karen Bright, Vice-Chair Caren Ray Russom, and Chair Ed Waage were present.
Agenda Item No. 4
Minutes: Special Joint Meeting Page 2
Monday, June 5, 2023
Staff Present: City Managers Whitney McDonald, Matthew Bronson, Jorge Garcia, and James R. Lewis; General Manager Geoff English. City Clerks Jessica Matson, Wendi Sims, and Erica Inderlied; Interim Secretary/Clerk of the Board Kelly Wetmore.
4. WELCOME AND MEETING ORIENTATION
Mayor/Chair Waage provided welcoming comments.
5. CENTRAL COAST BLUE REGIONAL RECYCLED WATER AUTHORITY STATUS
REPORT AND PROJECT UPDATE
Recommendation: Receive update.
Presenting Staff: General Manager English
Guest Presenters:
Justin Pickard, Water Systems Consulting
Matthew Keeling, California Central Coast Regional Water Quality Control Board Executive Officer
Public Comment:
Chair Waage called for public comment. The following members of the public provided comment:
• Jeff Edwards
• Julie Tacker
Action: Received update. No action.
6. LOCAL HIRING ALTERNATIVES FOR CENTRAL COAST BLUE CONSTRUCTION
CONTRACTS
Recommendation: Receive a report on alternatives and considerations to advance local hiring for construction of the Central Coast Blue Project.
Presenting Staff: General Manager English
Guest Presenters:
Justin Pickard, Water Systems Consulting
Joshua Medrano, Tri-Counties Building and Construction Trades Council Eric Christen, Coalition for Fair Employment in Construction Public Comment:
Mayor/Chair Waage called for public comment. The following members of the public provided comment:
• Kurt Markuson
• Devin Light
• Dale Cummings
• Eric Hanuman
• Aidan Basinger
• John Metcalf
• Kyle Cushman
Minutes: Special Joint Meeting Page 2
Monday, June 5, 2023
• Mark Simonin
• Manley McNinch
• Beau Dickinson
• Les Cushman
• Lee Cushman
• Rudy Bachmann
• Autumn Brown
• Rob Down
• Richard V.
• Mitchell Bell
• Jessie Wills
• Sergio Miranda
• Trevor Ranlett
Action: No action was taken.
7. PUBLIC COMMENTS
Mayor/Chair Waage called for public comment on items listed on the Agenda. There were no comments.
8. CLOSING COUNCIL/BOARD COMMENTS
General Manager English provided closing comments.
Council/Board Members provided comments regarding Community Workforce Agreements.
9. ADJOURNMENT
Mayor/Chair Waage adjourned the meeting at 8:22 p.m.
________________________ ________________________
Caren Ray Russom Karen Bright
Mayor, Arroyo Grande Mayor, Grover Beach
ATTEST: ATTEST:
________________________ ________________________
Jessica Matson Wendi Sims,
City Clerk, Arroyo Grande City Clerk, Grover Beach
Minutes: Special Joint Meeting Page 2
Monday, June 5, 2023
________________________ ________________________
Ed Waage Ed Waage
Mayor, Pismo Beach Chair, CCBRRWA
ATTEST: ATTEST:
________________________ ________________________
Erica Inderlied Kelly Wetmore
City Clerk, Pismo Beach Interim Clerk, CCBRRWA
MINUTES
CITY COUNCIL MEETING
MONDAY, JUNE 26, 2023
CALL TO ORDER Mayor Bright called the meeting to order at 6:00 p.m. in the City Hall Council Chamber, 154 South Eighth Street, Grover Beach, California.
MOMENT OF SILENCE
FLAG SALUTE The flag salute was led by Kathy Petker.
ROLL CALL
City Council: Council Members Daniel Rushing, Clint Weirick, Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright were present.
City Staff: City Manager Matthew Bronson, Deputy City Manager Kristin Eriksson, City Attorney David Hale, City Clerk Wendi Sims, Police Chief John Peters, Public Works Director/City Engineer Greg Ray, Community Development Director Megan Martin, Administrative Services Director Deanne Purcell, Senior Planner Rafael Castillo, CIP Manager Erin Wiggins and Fire Chief Lieberman was also present.
CLOSED SESSION ANNOUNCEMENTS:
None.
AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as submitted.
CEREMONIAL CALENDAR
1. Proclamation for Parks and Recreation Program Director Kathy Petker was read by Mayor Bright and accepted by Kathy Petker.
2. Proclamation for National Parks & Recreation Month was read by Council Member Zimmerman and accepted by Parks, Recreation and Beautification Commission Chair Kassi Dee and Commissioner Anita Shower.
PRESENTATIONS
None.
PUBLIC COMMUNICATIONS The Mayor opened the floor to any member of the public for comment on items of interest which were within the jurisdiction of the City Council, but were not listed on the agenda.
• Lynn Austin
No further comments were received and the Mayor closed the Public Communications segment for this portion of the meeting.
CONSENT AGENDA
Minutes: City Council Meeting Page 2
Monday, June 26, 2023
Prior to consideration of the Consent Agenda, Mayor Bright invited public comment on the items under the Consent Agenda. At this time Mayor Bright asked if there was anyone who would like to make any public comments. No comments were received and the Mayor closed public comment.
It was motioned by Council Member Weirick and seconded by Council Member Rushing to approve Consent Agenda Item Nos 3,4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 as recommended. The motion carried on the following voice vote:
AYES: Council Members – Rushing, Weirick, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.
ABSENT: Council Members – None.
ABSTAIN: Council Members – None.
3. Treasurer’s Report for the Period May 1, through May 31, 2023.
Action: Approved the Treasurer’s Report as submitted.
4. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period May 1, through May 31, 2023.
Action: Approved the Treasurer’s Report as submitted.
5. Minutes of the City Council Meeting on Monday, June 12, 2023.
Action: Approved the minutes as submitted.
6. Adoption of FY 2032-25 Budget and FY 2023-25 Capital Improvement Program Action: Adopted Resolution No. 23-19 to adopt the FY 2023-25 budget, FY 2023-28 Capital Improvement Program, and appropriate funds for the FY 2023-24 budget; adopted Resolution No. 23-20 to set the FY 2023-24 Appropriations Limit from Tax Proceeds; and adopted Resolution No. 23-21 to establish authorized positions in departments for FY 2023-25.
Resolution No. 23-19: A Resolution of the City Council of the City of Grover Beach, California, Appropriating the FY 2023-25 Budget.
Resolution No. 23-20: A Resolution of the City Council of the City of Grover Beach, California, Setting the FY 2023-24 Appropriations Limit from Tax Proceeds.
Resolution No. 23-21: A Resolution of the City Council of the City of Grover Beach, California, Establishing the Number of Authorized Positions in the Various Departments of the City for the FY 2023-24 Budget and Establish the 2023-24 Salary Schedule.
7. Annual Approval of the City of Grover Beach Investment Policy Minutes: City Council Meeting Page 3
Monday, June 26, 2023
Action: Reviewed and Approved the City of Grover Beach Investment Policy.
8. Award of Contract for Citywide Communications Services Action: Approved the agreement with Tripepi Smith and Associates, Inc. for an initial oneyear term, with two possible one-year extensions for Citywide Communications Services.
9. Authorization to Establish and Set the Salary Schedule for the Public Works Superintendent Job Classification
Action: Adopted Resolution No. 23-22 to establish the Public Works Superintendent job classification and amend the Classification and Compensation Plan to set the salary schedule for the position.
Resolution No. 23-22: A Resolution of the City Council of the City of Grover Beach, California, Amending the Classification and Compensation Plan to Establish the Job Classification of Public Works Superintendent and Set the Salary Schedule.
10. Resolution Authorizing the Display of Specified Commemorative Flags Action: Adopted Resolution No. 23-23 authorizing the display of commemorative flags honoring the Coast Guard, Air Force, Navy and Space Force flags on the dates of their inception.
Resolution No. 23-23: A Resolution of the City Council of the City of Grover Beach, California, Authorizing the Display of Specified Commemorative Flags.
11. Award of Construction Contract for CIP 3002 – Corporation Yard Repaving Project Action: Awarded the Contract for Construction for CIP 3002 – Corporation Yard Repaving Project to Toste Grading & Paving Inc. in the amount of $104,700; authorized the City Manager to sign and affirm contract change orders up to $20,000; and authorized the Mayor to execute the contract on behalf of the City.
12. Appointments to the Planning Commission
Action: Confirmed and Approved Mayor Bright’s recommendation and Adopted the Resolution No. 23-24 to 1) Appoint David Swift to a four-year term of office, scheduled to expire on May 31, 2027; 2.) Appoint Maia Hoffman to fill the remainder of the four-year term of office, scheduled to expire on May 31, 2024. Upon adoption of the Resolution, it is further recommended that Planning Commissioners Swift and Hoffman be introduced to the City Council and members of the audience.
Resolution No. 23-24: A Resolution of the City Council of the City of Grover Beach, California Authorizing the Appointment of David Swift and Maia Hoffman to the Grover Beach Planning Commission.
Minutes: City Council Meeting Page 4
Monday, June 26, 2023
13. Appointment to the Parks, Recreation and Beautification Commission Action: Confirmed and Approved Mayor Bright’s recommendations and Adopted Resolution No. 23-25 to Appoint C.J. Vigil to fill the vacant four-year seat which will expire on May 31, 2027. Upon adoption of the Resolution, it is further recommended that Parks, Recreation, and Beautification Commissioner Vigil be introduced to the City Council and members of the audience.
Resolution No. 23-25: A Resolution of the City Council of the City of Grover Beach, California Authorizing the Appointment of CJ Vigil to the Grover Beach Parks, Recreation and Beautification Commission.
PUBLIC HEARING
None
REGULAR BUSINESS
14. Policy Direction on General Plan Circulation Element Update Mayor Bright read the title to the foregoing item and deferred to staff for a report.
Community Development Director Martin gave a PowerPoint presentation and discussed the update to the policy direction of the General Plan Circulation Element.
Mayor Bright invited public comment on this matter.
• Alexandria Davis
No additional public comments were received at this time and the Mayor closed public comments.
Action: The Council received an overview of the General Plan Circulation Element and the upcoming process to update the Element and provided policy direction to staff.
15. West Grand Avenue Streetscape 4th – 8th Street (CIP 2287) Project Update Mayor Bright read the title to the foregoing item and deferred to staff for a report.
CIP Manager Wiggin gave a PowerPoint presentation to discuss the West Grand Avenue Streetscape Project Update.
Mayor Bright invited public comment on this matter.
• Alexandria Davis
No additional public comments were received at this time and the Mayor closed public Minutes: City Council Meeting Page 5
Monday, June 26, 2023
comments.
Action: The Council received a review of the Final draft plans for the West Grand Avenue Streetscape Project (CIP 2287) and provided policy direction to staff.
PUBLIC COMMUNICATIONS The Mayor opened the floor to any member of the public for comment on items of interest which were within the jurisdiction of the City Council, but were not listed on the agenda.
• Patrick Rebstock
• Jacob Weintraub
No additional comments were received and the Mayor closed public comment.
COUNCIL COMMITTEE REPORTS
Council Member Rushing discussed the newly reformed 5 Cites Fire Authority meeting.
Council Member Zimmerman reported on the South County Chamber of Commerce meeting.
Mayor Bright reported on the Air Pollution Control District (APCD) meeting; the Central Coast Blue Reginal Recycled Water Authority (CCBRRWA) and South SLO County Sanitation District (SSLOCSD).
COUNCIL COMMUNICATIONS
Council Member Zimmerman mentioned he attended the Live Oak Festival at El Chorro Park in San Luis Obispo and that he feels it is a wonderful event for the County.
Council Member Rushing mentioned he is now the Official New Announcer for the Summer Concert Series held at Ramona Park on Sundays at 3:00 pm to 6:00 pm.
Mayor Pro Tem Robert stated The Grange will have its Pancake Breakfast on Sunday July 1st at 8:00 am to 11:30 am.
Council Member Weirick highlighted his attendance at a few Grover Beach events and mentioned attending a webinar for Institute for Local Government “Keeping Public Meetings Successful” and he attend the League of California Cities Community Services Policy Committee meeting on behalf of the Channel Counties Division.
Minutes: City Council Meeting Page 6
Monday, June 26, 2023
CITY MANAGER'S REPORTS AND COMMENTS
City Manager Bronson mentioned the construction on 950 El Camino Real Hotel project is about get underway and discussed the upcoming July 4th Holiday. He also, mentioned the Council Meeting on July 10th is canceled and the next meeting will be July 24, 2023.
CITY ATTORNEY’S REPORTS AND COMMENTS
None.
CLOSED SESSION
None.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Bright adjourned the meeting at 7:45 p.m.
_____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 5
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: July 24, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Deputy City Manager
SUBJECT: Introduction and First Reading of an Ordinance to Repeal Chapter 8 (Performance of Public Projects; Purchasing of Supplies and Equipment; Contracting for Services) and Adding a New Section 2800 of Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code
RECOMMENDATION
Conduct the first reading, by title only, and introduce the Ordinance to repeal Chapter 8 (Performance of Public Projects; Purchasing of Supplies and Equipment; Contracting for Services) and Adding a New Section 2800 of Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code; and schedule the second reading and public hearing for the next regularly scheduled meeting.
BACKGROUND:
On July 7, 1997, the City Council adopted Ordinances 97-11, repealing existing purchasing ordinances and adopting a new Chapter 8 (Performance of Public Projects; Purchasing of Supplies and Equipment; Contracting for Services) of Article II (Administration) of the Grover Beach Municipal Code. This code section establishes the rules and regulations for purchasing by the City (see Attachment 1 –Ordinance 97-11). That same year, the City developed a Purchasing Procedures Manual to detail procedures and internal controls to be followed by City departments. Since 1997, no changes have been made to the City’s purchasing procedures and the existing code is out of date and inconsistent with State codes.
In 2022, staff began to develop an updated Purchasing Policy seeking input from multiple departments including Administrative Services and Public Works along with the City Attorney.
Staff also looked at purchasing policies of other agencies and researched current State codes.
After considering these sources of information, staff developed an updated Purchasing Policy to replace the outdated code sections and be incorporated by reference upon approval of this Ordinance by the City Council. (See Attachment 2 – New Ordinance and Attachment 3 – Purchasing Policy).
The new Policy better defines purchasing authority within the City, updates purchasing approval thresholds to improve the efficiency and timing of purchasing actions and provides purchasing procedures to guide staff. The Policy also defines rules and procedures for the use of City credit cards, business tax certificate requirements, contract management and disposal of surplus property. Additionally, the policy authorizes the City Manager to approve future administrative changes to the Policy, including changes to processes and procedures, but not including changes to purchasing authority or approval thresholds, which will still require City Council approval.
Staff Report: Introduction and First Reading of Purchasing Ordinance Page 2 July 24, 2023
The Policy’s updated purchasing approval thresholds are depicted in the charts below.
Acronyms referenced in the charts include RFB (Request for Bids), RFP (Request for Proposals), and PO (Purchase Order).
Purchases of Supplies, Materials, Equipment and General Services:
Purchase Amount Bid Process Approval Authority
$5,000 or less None Required Department Head or designee approves invoice
$5,001-$50,000 Informal Quotes
Process
Department Head approves invoice or PO
$50,001-$100,000 RFB Process City Manager approves
More than $100,000 RFB Process City Council approves contract Purchases for Public Projects:
Purchase Amount Bid Process Approval
$5,000 or less None Required Department Head or designee approves invoice
$5,001-$50,000 RFB/f RFP Process Department Head or designee approves invoice
$50,001-$100,000 RFB/RFP Process City Manager approves PO $100,001-$200,000 RFB/RFP Process City Council approves contract More than $200,000 RFB/RFP Process City Council approves project concept prior to bidding process and resulting contract
* Note: The Department of Public Works will also maintain a Public Contracting Code Guidance document (see Attachment 4).
Purchases for Certain Professional Services (such as engineering and architectural services):
Purchase Amount Bid Process Approval
$5,000 or less None Required Department Head or designee approves invoice
$5,001-$50,000 Informal Quotes
Process*
Department Head approves PO
$50,001-$100,000 Informal Quotes
Process*
City Manager approves PO
More than $100,000 RFB/RFP Process City Council approves contract On-Call Consultant Services (previously approved firms for design and geotechnical services):
Purchase Amount Bid Process Approval
$5,000 or less None Required Department Head or designee approves invoice
$5,001-$50,000 Proposals from Oncall ConsultantsDepartment Head approves PO $50,001-$400,000* Proposals from Oncall ConsultantsCity Manager approves PO* More than $400,000 Proposals from Oncall ConsultantsCity Council approves *Approval threshold previously approved by Council related to infrastructure projects Staff Report: Introduction and First Reading of Purchasing Ordinance Page 3 July 24, 2023
Under the policy, a purchase approver listed above may also amend a contract or approve a change order in an amount not to exceed 20% of the original contract amount without approval from the higher purchasing authority, provided the original contract was within the approver’s authority and the amendment does not materially change the scope of services.
Pending the introduction and first reading of this ordinance, staff will schedule a public hearing for the second reading and adoption of the ordinance for the August 28th Council meeting.
FISCAL IMPACT
There is no fiscal impact related to approval of the purchasing policy.
ALTERNATIVES
The Council has the following alternatives to consider:
1) Conduct the first reading, by title only, and introduce the Ordinance to repeal Chapter 8 (Performance of Public Projects; Purchasing of Supplies and Equipment; Contracting for Services) and Adding a New Section 2800 of Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code; and schedule the second reading and public hearing for the next regularly scheduled meeting; or 2) Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Ordinance 97-11
2. New Ordinance
3. Purchasing Policy
4. Public Contracting Code Guidance
) )
ORDINANCE NO. 97-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH REPEALING ARTICLE II, CHAPTER 8, AND ENACTING STANDARDS FOR THE
PERFORMANCE OF PUBLIC PROJECTS,
THE PURCHASE OF SUPPLIES AND EQUIPMENT AND CONTRACTING FOR SERVICES THE CITY COUNCIL OF THE City of Grover Beach DOES ORDAIN AS FOLLOWS:
Part I. Chapter 8 of Article II of the Grover Beach Municipal Code is repealed.
Part 2. Chapter 8 of Article of the Grover Beach Municipal Code is enacted to read as follows:
CHAPTER 8 - PERFORMANCE OF PUBLIC PROJECTS;
PURCHASE OF SUPPLIES AND EQUIPMENT; CONTRACTING FOR SERVICES PART 1- GENERALLY
Sec. 2800.2. (A) This article provides procedures for the performance of public projects, the purchase of supplies and equipment, and contracting for services.
(B) As used in this article, "Purchasing Agent" means the City Manager or employee designated as purchasing agent by the City Manager.
(C) The provisions of this article shall not apply to the extent that they conflict with any applicable State or federal laws or regulations or the terms and conditions of any grant, contract, gift or bequest otherwise consistent with law.
PART 2 - PUBLIC PROJECTS
Sec. 280 I. Uniform Public Construction Cost Accounting Act. The City has elected to become subject to the Uniform Public Construction Cost Accounting Act (Public Contract Code section 22000 et seq.) in the performance of public projects. The procedures contained in this division are intended to implement and be consistent with such Act.
Sec. 2802. Definitions. (A) "Public project" means any of the following:
(I) Construction, reconstruction, erection, alteration, restoration, improvement, demolition and repair work involving any facility owned, leased or operated by the City. (2) Painting or repainting any facility owned, leased or operated by the City. (3) The construction, erection, improvement or repair of dams, reservoirs, powerplants and electrical transmission lines of 230,000 volts and higher that are part of a utility system owned by the City.
(B) "Public project" does not include maintenance work. "Maintenance work" means any of the following:
(1) Routine, recurring and usual work for the preservation or protection for its intended purposes of any facility owned or operated by the City.
Attachment 1
) )
(2) Minor repainting.
(3) Resurfacing at less than one inch deep of streets and highways. (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants and servicing of irrigation and sprinkler systems. (5) Work performed to keep, operate and maintain water, power or waste disposal systems owned by the City, including, but not limited to, dams, reservoirs, powerplants and electrical transmission lines of230,000 volts and higher.
(C) "Facility" means any of the following:
(1) Any plant, building, structure, ground facility, real property, street, highway or other public work improvement.
(2) Any utility system owned by the City, subject to the limitation found in subdivision (a) (3) of this section.
CD) "Force account" means work performed on public projects using internal resources, including, but not limited to' labor, equipment, materials, supplies and subcontracts of the City.
Sec. 2803. Contracting Procedures: Dollar Amount Limitations. (A) Public projects of $25,000 or less may be performed by force account, by negotiated contract, or by purchase order. The director of the department in charge of the project is authorized to determine how and by whom the project shall be performed and to execute any contract or purchase order for the project and to execute any change order thereto if that change order, together with the amount of the original contract or purchase order and any previous change orders thereto, does not exceed $25,000. Any change orders exceeding such total amount shall be submitted for approval by the City Council. All contracts, purchase orders and change orders shall be in a form approved by the City Attorney. (B) Public projects from $25,000.01 to $75,000 shall be contracted for pursuant to the informal bidding procedures contained in section 2805.
(C) Public projects of more than $75,000 shall be contracted for pursuant to the formal bidding procedures contained in section 2805.
(D) It shall be unlawful to split or separate any project into smaller work orders or projects for the purpose of evading the provisions of this division requiring work to be done by contract after competitive bidding.
Sec. 2804.Lists of Contractors and Trade Journals. (A) The purchasing agent shall develop and maintain a list of contractors, identified according to categories of work, in accordance with criteria determined by the California Uniform Construction Cost Accounting Commission. (B) The purchasing agent shall maintain a list of the construction trade journals, as determined for San Luis Obispo County by the California Uniform Construction Cost Accounting Commission, that are to receive mailed notice of all informal and formal construction contracts being bid for work within San Luis Obispo County.
Sec. 2805.Informal Bidding Procedures. (A) When a public project from $25,000.01 to $75,000 is to be contracted for, the purchasing agent shall mail a notice inviting informal bids to all contractors on the list for the category of work being bid, to all construction trade journals on the list, and to such other contractors and trade journals as may be requested by the department in charge of the project. However, if a product of service essential to the project is proprietary and can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent only to such contractor or contractors.
(B) . All mailing of notices inviting informal bids shall be completed not less than 10 calendar days before bids are due.
) )
(C) The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and shall state the time and place for the submittal of bids.
(D) The purchasing agent and the director of the department in charge of the project are each authorized to award and execute contracts for public projects of $75,000 or less or to reject all bids and to execute any change order to such a contract if that change order, together with the amount of the original contract and any previous change orders thereto, does not exceed $75,000. Any change orders exceeding such total amount shall be submitted for approval by the City Council. (E) If all bids received are in excess of $75,000, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract at $80,000 or less to the lowest responsible bidder, if the City Council determines that the City's cost estimate was reasonable. (F) If no bids are received, the project may be performed by force account or by negotiated contract.
(G) All contracts and change orders shall be in a form approved by the City Attorney.
Sec. 2806. Formal Bidding Procedures. (A) The City Council shall approve plans, specifications and working details for all public projects of more than $75,000. (B) When a public project of more than $75,000 is to be contracted for, the purchasing agent shall prepare a notice inviting formal bids, which shall distinctly describe the project and state the time and place for receiving and opening sealed bids.
(C) At least 14 calendar days before the date of opening the bids, the purchasing agent shall publish the notice in a newspaper of general circulation, printed and published in the City. At least 30 calendar days before the date of opening the bids, the purchasing agent shall mail the notice to all construction trade journals on the list referred to in subsection (b) of section 2804. The purchasing agent may also give such other notice as the purchasing agent or the director of the department in charge of the project deems proper.
(D) The purchasing agent may reject any bids received. If, after the first invitation of bids, all bids are rejected, the purchasing agent may, after reevaluating the cost estimates for the project:
(1) Abandon the project;
(2) Readvertise for bids; or
(3) Request that the City Council adopt a resolution by a four-fifths vote, declaring that the project can be performed more economically by City employees. If such a resolution is adopted, the purchasing agent may have the project done by force account.
(E) The purchasing agent shall award any contract to the lowest responsible bidder and is authorized to execute such contract.
(F) If no bids are received, the project may be performed by negotiated contract or by City employees by force account.
(G) The director ofthe department in charge of the project is authorized to execute any change order to a contract awarded pursuant to subsections (e) or (f) of this section, provided the change order does not exceed the total amount of the original contract and any previous change orders thereto. Any change order exceeding such total amount shall be submitted for approval by the City Manager. (H) All contracts and change orders shall be in a form approved by the City Attorney.
Sec. 2807. Same-Bid Bonds. All sealed bids submitted pursuant to section 2806 must be accompanied by a bid security in an amount equal to at least 10 percent of the amount bid. A bid shall not be considered. unless one of the forms of bid security specified in Government Code section 20170 is enclosed with the bid. If the successful bidder fails to execute the contract, the amount of the bidder's security shall be forfeited to the City, except as provided in Government Code sections 20173 and 20174. ) )
Sec. 2808. Performance and Payment Bonds. The purchasing agent or departmental director awarding a contract pursuant to section 2805, and the purchasing agent awarding a contract pursuant to section 2806, may require a faithful performance bond and shall require a payment bond in an amount equal to at least one-half of the amount of the contract. Such bonds shall be issued by an admitted surety insurer and be in the form of a bond, not a deposit in lieu of a bond.
Sec. 2809. Emergencies; Procedure. (A) In cases of great emergency, including, but not limited to, states of emergency defined in section 8558 of the Government Code, when repair or replacements are necessary to permit the continued conduct of the operation or services of the City or to avoid danger to life or property, any public facility may be repaired or replaced, pursuant to the procedure set out in subsection (b), without adopting plans, specifications, strain sheets or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the City Council, by contract, or by a combination of the two.
(B) By majority vote, the City Council may declare an emergency and authorize the repair or replacement ofa public facility, as described in subsection (a). If the City Council is not in session, the City Manager may take such actions, subject to confirmation by the City Council, by a four-fifths vote, at its next meeting.
PART 3 - PURCHASE OF SUPPLIES AND EOUIPMENT
Sec. 2810. Authority to Purchase. Supplies and equipment may be purchased for the City by the purchasing agent and by such other City officers and employees.
Sec. 2811. Purchase Orders and Contracts. Purchases of supplies and equipment shall be made only by purchase order or by contract in a form approved by the City Attorney. The purchasing agent or the City officer or employee making the purchase is authorized to execute the purchase order or contract on behalf ofthe City.
Sec. 2812. Bids Required. Except when the commodity can be obtained from only one source, bids shall be obtained for all purchases of supplies or equipment of $1 ,000 or more, in accordance with such procedures as the City Council may adopt by resolution.
Sec. 2813. Emergencies. If the City Council or the City Manager declares that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property, the City Council or the purchasing agent may expend any sum required to purchase supplies and equipment in the emergency without complying with section 2805.
PART 4 - CONTRACTING FOR TRADE SERVICES AND PROFESSIONAL SERVICES Sec. 2814. Definitions. (A) "Trade services" are services other than professional services. (B) "Professional services" are services and advice rendered by a specially trained and experienced person, firm or corporation in financial, economic, accounting, architectural, landscape architectural, engineering, environmental, land surveying, construction project management, legal or administrative matters.
Sec. 2815. Purchase of Trade Services. Trade services may be purchased for the City by the purchasing agent or by other City officers and employees in accordance with procedures adopted by resolution of the City Council.
) )
Sec. 2816. Purchase of Professional Services. Professional services may be purchased for the City by the purchasing agent or by other City officers and employees in accordance with procedures adopted by resolution of the City Council. However, procedures for contracting for certain professional services are provided in division 5 of this article.
Sec. 2817. Purchase Orders or Contracts Required. (A) Every purchase of trade services shall be by purchase order or by contract in a form approved by the City Attorney. (B) Every purchase of professional services shall be by contract in a form approved by the City Attorney.
(C) The purchasing agent or the City officer or employee making the purchase of trade services or professional services is authorized to execute the purchase order or contract on behalf ofthe City.
PART 5 - CONTRACTING FOR CERTAIN PROFESSIONAL SERVICES
Sec. 2818. Purpose. The purpose of this part is to ensure that certain professional services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the City and to ensure maximum participation by small business firms.
Sec. 2819. Definitions. (A) As used in this part, "services" means architectural, landscape architectural, engineering, environmental, land surveying and construction project management services rendered by private persons or firms, as such services are defined by section 4525 of the Government Code. (B) As used in this part, "small business firms" means those businesses so defined by the California State Director of General Services pursuantto section 14837 of the Government Code.
Sec. 2820. Applicability. This part shall not apply when the person or body selecting the services determines that the services needed are more of a technical nature and involve little professional judgment and that requiring bids would be in the public interest.
Sec. 2821. Basis for Selection. Persons and firms shall be selected to render services to the City on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.
Sec. 2822. Actiyities Prohibited. (A) In contracting for services, no person shall engage in practices that might result in unlawful activity including, but not limited to, rebates, kickbacks or other unlawful consideration.
(B) If a City employee has a relationship with a person or business entity seeking a contract for services, and such relationship would subject the employee to the prohibition of section 87100 of the Government Code, such employee shall not participate in the process of selecting the contractor for those services. Section 87100 of the Government Code provides that no public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest.
Sec, 2823. Procedure. (A) Requests for proposals for services may, but need not, state the amount that has been budgeted for the services. However, requests for proposals for services shall prohibit proposers from providing information as to the cost at which they would provide services. (B) Requests for proposals for services shall require proposers to provide information as to their professional experience and qualifications. In addition, requests for proposals for construction project management services shall require proposers to provide evidence that the person or firm and its personnel carrying out onsite responsibilities have expertise and experience in construction project ) )
design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project.
(C) City staff shaH make reasonable efforts to make small business firms located in San Luis Obispo County aware of requests for proposals issued by the City for services provided by such firms. (D) City staff shaH determine the best qualified proposers and rank them accordingly. Rankings shall be based on responses to the request for proposals and on any interviews with the proposers that City staff may conduct. Interviews need not be conducted if City staff has sufficient information from the responses to the request for proposals to determine rankings. (E) City staff shaH negotiate for a contract with the first ranked person or firm at a compensation that City staff determines is fair and reasonable to the City. If City staff is unable to negotiate a satisfactory contract with the first ranked person or firm, City staff shaH notity such person or firm in writing that negotiations are terminated and shall begin negotiate with the second ranked person or firm, and so on in order of the rankings. If City staffis unable to negotiate a satisfactory contract with the second and third ranked person or firm, City staff may enter into negotiations with additional persons or firms in the order that they are ranked, pursuant to the same procedure, until a satisfactory agreement is reached, or may notity all remaining proposers that no additional negotiations will be entered into. In such case, City staff may issue a new request for proposals or perform the services with City employees.
Sec. 2824. No Obligation to Contract. Every contract for services must be awarded pursuant to this part.
However, nothing in this part shall require City staff to enter into any contract for services with any person or firm.
PART 6 - ADDITIONAL PROCEDURES
Sec. 2825. Purchasing Manual. The purchasing agent shall develop and maintain a purchasing manual that provides detailed procedures for compliance with City ordinances and resolutions and State and federal laws applicable to purchasing and contracting.
Within fifteen days after passage, the City Clerk shall cause this ordinance to be published one time in a newspaper of general circulation, published and circulated in the City. Ordinance No.97-l1 was first read on July 7, 1997 and finally adopted on July 21, 1997, to become effective thirty days thereafter.
On motion by Council Member Arnoldsen, second by Council Member Santos and on the following roll- . call vote, to wit:
AYES:
NOES:
ABSENT:
Arnoldsen, Santos, Gates, Keith, Mayor Reed
None
None
\ I ( ) '., 1.1 I I I I ,
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A~ ~" ~·.L;S'l':
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APPROVED AS TO FORM:
~~ ES F. RUPP, CITY ARNEY
ORDINANCE NO. 23______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, REPEALING OF CHAPTER 8 (PERFORMANCE OF PUBLIC PROJECTS; PURCHASING OF SUPPLIES AND EQUIPMENT; CONTRACTING
FOR SERVICES), OF ARTICLE II (ADMINISTRATION) AND ADDING A NEW SECTION 2800 OF CHAPTER 8 (PURCHASING POLICY) OF ARTICLE II (ADMINISTRATION) OF THE GROVER BEACH MUNICIPAL CODE
WHEREAS, the City of Grover Beach (“City”) is a General Law city organized pursuant to Article XI of the California Constitution; and
WHEREAS, this Chapter may be referred to as the “Purchasing Policy” and is adopted pursuant to the authority identified in this ordinance, including Government Code Sections 37103, 37350 et seq., 53060, and 54201 et seq., as well as the police power set forth in Article XI, Section 7 of the California Constitution; and
WHEREAS, This Ordinance applies to contracts for the procurement of goods, services, construction, and professional services entered into by the City and it shall apply to every expenditure of public funds by the City for public purchasing irrespective of its source, except as otherwise provided by State law, State regulation, City ordinance or administrative policy, and WHEREAS, it shall not be applied to purchases by elected officials not statutorily required to purchase in compliance with City policies or for whom purchases are not made by the City; and WHEREAS, when the procurement involves the expenditure of State or Federal assistance or contract funds, the procurement shall be conducted in accordance with any applicable mandatory State and/or Federal law. This ordinance does not apply to the procurement of legal services; and
WHEREAS, the Purchasing Policy, is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15378 because the approval of the Purchasing Policy will not result in a direct or indirect physical change in the environment and does not involve an irrevocable commitment of resources by the City.
NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH AS FOLLOWS:
PART 1. Chapter 8 (Performance of Public Projects; Purchasing of Supplies and Equipment; Contracting for Services), of Article II (Administration) is hereby repealed in total.
PART 2. A new Section 2800 of Chapter 8 (Purchasing Policy) of Article II (Administration) is hereby added as follows:
Attachment 2
Ordinance No. 23-__ Page 2
Chapter 8 – Purchasing Policy
Sec. 2800. The Purchasing Policy shall represent the procedures for the procurement of goods, services, construction, and professional services entered into by the City and it shall apply to every expenditure of public funds by the City for public purchasing irrespective of its source, except as otherwise provided by State law, State regulation, City ordinance or administrative policy. The Purchasing Policy Dated July 24, , 2023, and entitled “City of Grover Beach Purchasing Policy, Version no. 1” is hereby incorporated by reference as if set out in full and adopted by the Council establishing the purchasing procedures for the City which shall be implemented consistent with the provisions within the Purchasing Policy.
PART 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid.
PART 4. All ordinances and parts of ordinances in conflict with those sections amended or added herein are hereby repealed.
PART 5. Effective Date. This Ordinance shall not become effective and in full force and effect until 12:01 a.m. on the thirty-first day after its final passage. However, within fifteen (15) days after adoption by the City Council, the Ordinance shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.
INTRODUCED at a regular meeting of the City Council held on July 24, 2023 and PASSED, APPROVED, and ADOPTED by the City Council on August _____, 2023, on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
Approved as to Form:
_____________________________
DAVID P. HALE, CITY ATTORNEY
** D R A F T **
City of Grover Beach
Purchasing Policy, Version No. 1
As Approved by City Council Resolution 2022-XX
Date:
July 24, 2023
Attachment 3
TABLE OF CONTENTS
CONTENTS
SECTION 1 – OVERVIEW......................................................................................................... 2
1.1 Introduction.................................................................................................................. 2
1.2 Purchasing System...................................................................................................... 2
1.3 Types of Purchases ..................................................................................................... 2 SECTION 2 – PURCHASING AUTHORITIES/RESPONSIBLITIES ........................................... 3
2.1 General Authority......................................................................................................... 3
2.2 Grant Funding.............................................................................................................. 4 SECTION 3 – PURCHASING PROCESS .................................................................................. 5
3.1 Permitted Purchasing Methods .................................................................................... 5
3.2 Purchase Requisitions/Purchase Orders...................................................................... 5
3.2.1. Blanket Purchase Orders/Standard Goods Contracts..........................................................5 SECTION 4 – PURCHASING BIDDING AND APPROVAL THRESHOLDS ............................... 6
4.1 Supplies, Materials, Equipment and General Services................................................. 6
4.2 Public Projects ............................................................................................................. 7
4.2 Purchases of Certain Professional Services................................................................. 8
4.3 On-Call Consultant Services ........................................................................................ 9
4.4 Contract Amendments and Change Orders ................................................................. 9 SECTION 5 – BIDDING PROCEDURES ................................................................................... 9
5.1 Request for Bids (RFB)................................................................................................ 9
5.2 Request for Proposals (RFP)....................................................................................... 9
5.3 Request for Qualifications (RFQ) ................................................................................10
5.4 Informal Quotes ..........................................................................................................10
5.5 Bidding Criteria ...........................................................................................................10 SECTION 6 – NO-BID PURCHASING ......................................................................................11
6.1 Low-Cost Purchasing..................................................................................................11
6.2 Sole Source Purchasing .............................................................................................11
6.3 Emergency Purchasing...............................................................................................11
6.4 Cooperative Agreement Purchasing ...........................................................................12
6.5 Routine Expenditures for Utilities, Payroll and Other Services ....................................12 SECTION 7 – CREDIT CARD CHARGES ................................................................................12
7.1 Credit Card Issuance ..................................................................................................12 1 SECTION 8 – BUSINESS TAX CERTIFICATE REQUIREMENT ..............................................14
8.1 Requirement ...............................................................................................................14
8.2 Exceptions ..................................................................................................................14 SECTION 9 – PAYMENT OF INVOICES ..................................................................................15
9.1 Receipt of Goods and Services...................................................................................15
9.2 Invoice Process ..........................................................................................................15 SECTION 10 – CONTRACT MANAGEMENT ...........................................................................15
10.1 Responsibilities...........................................................................................................15
10.2 City Attorney Approval ................................................................................................15
10.3 Execution....................................................................................................................16
10.4 Control of Contract......................................................................................................16 SECTION 11 – DISPOSAL OF SURPLUS PROPERTY ...........................................................16
11.1 General.......................................................................................................................16
11.2 Value Exceeding $5,000................................................................................................16
11.3 Value of $5,000 or Less ..............................................................................................16
11.4 Donations to Other Agencies .........................................................................................17 SECTION 12 – DEFINITIONS...................................................................................................17
11.1 Capital Asset...............................................................................................................17
11.2 Force Account.............................................................................................................17
11.3 Job Order Contract .....................................................................................................17
11.4 Public Project..............................................................................................................17
11.5 Sole Source Purchase ................................................................................................17
11.6 Surplus Property .........................................................................................................18
ATTACHMENTS
A Emergency Purchasing and Disaster Policy .............................................................. 18 B Credit Card Agreement..............................................................................................22 2 SECTION 1 – OVERVIEW
1.1 Introduction
The purpose of this chapter is to guide City of Grover Beach employees in purchasing goods and services on behalf of the City by establishing responsibilities and authorization levels, outlining statutory requirements, and setting forth the policies and procedures that govern purchasing activities.
These guidelines are not intended to address every issue, exception or contingency that may arise in purchasing activities. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of City resources. Any questions about purchasing activities or proper purchasing process should be referred to the Administrative Services Department.
Definitions for certain terms in this policy are included in Section 11 of this policy.
1.2 Purchasing System
Chapter 8 of Article II of the City of Grover Beach Municipal Code (GBMC), which incorporates these Policies (this Purchasing Policy) and the policies and procedures set forth in this chapter shall govern the City’s purchasing system, in addition to applicable sections of the Public Contracting Code to the extent the act preempts local regulations governing public works contracts (see California Public Contract Code Sections 20100, et. seq.). This system has been developed to achieve the following objectives:
• Secure goods and services at the lowest cost possible commensurate with quality requirements and the City’s needs;
• Establish authority, responsibility and accountability for purchasing activities conducted on behalf of the City;
• Ensure appropriate levels of competition and provide equal opportunities for all qualified vendors;
• Standardize procedures where appropriate to achieve consistency in purchasing practices in adherence to City policies and goals;
• Coordinate citywide purchasing for commonly used items.
1.3 Types of Purchases
The type of purchase and the estimated cost of the purchase determine the formality of the process by which the purchase shall be made. The City has identified three basic types of purchases:
• Purchases of Supplies, Materials, Equipment and General Services. Purchases or contracts for supplies and equipment, as well as operating and maintenance services.
• Purchases for Public Projects. Purchases for public projects, as defined by Public Contracting Code Section 20161 (generally, contracts for construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work, including painting of any facility owned, leased or operated by the City and street or sewer work).
3 • Purchases for Certain Professional Services. Professional work provided to the City by specially trained and experienced individuals or firms regarding engineering, planning, architectural, landscape architectural, environmental, land surveying and construction project management.
• Purchases for Services from On-Call Contractors. Purchases of consultant services, made from a list of contractors deemed most qualified via a competitive Request for Statement of Qualifications process and approved by Council. On-call lists must be approved by Council at least every three years.
SECTION 2 – PURCHASING AUTHORITIES/RESPONSIBLITIES
2.1 General Authority
The Table below demonstrates the City’s purchasing authorities and responsibilities:
City Council • Adopt purchasing ordinance
• Adopt resolution to approve
purchasing policy
• Approve changes to the
purchasing policy involving
purchasing thresholds or
authorities
• Approve purchases as required
under Section 4 of this policy
• Delegate authority to City
Manager/staff for purchases within
certain cost thresholds and
approved budget
City Manager • Ensure implementation of
purchasing policies
• Approve administrative changes to
the policy, including changes to
processes and procedures, but
not including changes to
purchasing thresholds or authority.
• Serve as or designate “Purchasing
Agent”
• Award contracts as specified in
Section 4 of this policy
Administrative Services Director (or
designee)
• Develop and implement
purchasing policies and
procedures
4 • Review purchases and contract
awards for compliance with
purchasing policy
• Assist departments in
development of solicitations
• Create, manage and maintain
Blanket Purchase Orders
City Engineer • Approve specifications for public
projects
Public Works Director • Approve Job Order Contract task orders for public projects
Department Heads • Review and approve departmental
purchases and contracts as
specified in Sections 4 and 10
• Approve invoices or payment
requests for departmental
purchases
• Delegate purchasing authority to
department employees as
appropriate
IT Manager • Review all purchases of citywide
or departmental technology
systems, applications, software or
hardware for recommendation on
purchase
Authorized Employees • Purchase, receive and pay for
items in accordance with City
guidelines
• Review (and approve if delegated
by the Department Head) invoices
or payment requests for
departmental purchases
2.2 Grant Funding
Federal, State or other grant programs may require additional conditions that are more stringent than the City’s procedures. It is the responsibility of the department accepting the grant to ensure all grant provisions are complied with. Departments should adhere to Part 200 – Uniform Administrative Requirements for Federal Grants, including the 5 Section 200.318 general procurement standards, which can be found here:
https://www.ecfr.gov/current/title-2/part-200.
SECTION 3 – PURCHASING PROCESS
3.1 Permitted Purchasing Methods
Departments may use three methods to purchase goods and services: Purchase Order/Contract, City Credit Card and Emergency Purchases. The table below summarizes the dollar thresholds and requirements for each method. Note that work may be performed by Force Account, or with internal resources, if the Department Head determines internal resources have the needed ability/expertise and the total cost is less than $25,000.
Purchase Type Dollar Threshold Requirements
Contract/Purchase
Requisition/ Purchase
Order**
Within approved
budget
Must obtain all approvals as required by
Section 4
Credit Card Up to $5,000* Not permitted for purchases for services or Capital assets. Only employees
authorized by Department Heads may
make credit card purchases.
Emergency Purchase Within Budget* for
a General
Emergency
For a Proclaimed
Emergency or
Disaster, refer to
Attachment B
Only permitted if there is an immediate
and serious need that cannot be met
through normal purchasing procedures
that would seriously threaten the
functioning of City government, the
preservation of property or the health
and safety of any person consistent with
approved emergency declaration. All
emergency purchases must be reported
to the Administrative Services
Department as soon as is practicable.
* Limit/amount may be raised with City Manager approval ** Purchase Requisitions and Purchase Orders are not required, pending a new financial system
3.2 Purchase Requisitions/Purchase Orders
3.2.1. Blanket Purchase Orders/Standard Goods Contracts. The Administrative Services Department shall develop contracts and/or Blanket Purchase Orders with vendors for frequently purchased goods. The Administrative Services 6 Department shall maintain a list of citywide contracts and Blanket Purchase Orders for these purchases. City staff must use the City accounts or contracts when making related purchases, unless otherwise authorized by the Administrative Services Department and approved by the City Attorney. [THE REMAINDER OF THIS SECTION IS INTENTIONALLY LEFT BLANK PENDING IMPLEMENTATION OF FINANCIAL SYSTEM]
SECTION 4 – PURCHASING BIDDING AND APPROVAL THRESHOLDS
The required bidding process and level or approvals for any purchase is determined by the type of purchase (see Section 1.3 of this policy) and the cost of the purchase. Most purchases that do not fall within an exception listed in Section 6 of this policy require an informal or formal bidding process (See Section 5 of this policy which defines each bidding process). Note that the buyer for any purchase cannot serve as the approver of that purchase.
4.1 Supplies, Materials, Equipment and General Services The table below summarizes the bidding and approval requirements for purchases of supplies, materials, equipment and general services. Note that all purchases of technology systems, applications, software or hardware must be reviewed by the IT Manager.
Purchase Amount Bid Process Approval PO/Contract
Requirement
$5,000 or less None Required Department Head or
designee approves
invoice
No PO or contract
required
$5,001-$50,000 Informal Quotes
Process*
Department Head
approves invoice or
PO
PO or contract
required
$50,001-$100,000 RFB Process City Manager
approves
PO or contract
required
More than $100,000 RFB Process City Council
approves contract
Contract required;
Contracts must be
reported to the City
Council in quarterly
reports
* Generally, staff should seek at least three quotes. A “no-bid” response may be considered a quote for this purpose. 7 4.2 Public Projects
The table below summarizes the bidding and approval requirements for Public Project purchases. Staff should also consult the Public Contracting Code Guidance provided by the Public Works Department.
Purchase Amount Bid Process Approval PO/Contract
Requirement
$5,000 or less None Required Department Head or
designee approves
invoice
No PO or contract
required
$5,001-$50,000 RFB RFP Process Department Head or
designee approves
invoice
PO or contract
required
$50,001-$100,000 RFB/RFP Process City Manager
approves PO
Contract or PO
required
$100,001-$200,000 RFB/RFP Process City Council
approves contract
Contract required
More than $200,000 RFB/RFP Process City Council
approves project
concept prior to
bidding process and
resulting contract
Contract required
8 4.2 Purchases of Certain Professional Services
For purchases of certain professional services, as defined in Section 1.3 of this policy, persons or firms must be selected on the basis of demonstrated competency and professional qualifications necessary for the performance of the services required and proposers must provide information about the cost of services under separate cover. The table below summarizes the bidding and approval requirements for each type of service under this section.
Purchase
Amount
Bid Process Approval PO/Contract
Requirement
$5,000 or less None Required Department Head or
designee approves
invoice
No PO or contract
required
$5,001-$50,000 Informal Quotes
Process*
Department Head
approves PO
PO or contract
required
$50,001-$100,000 Informal Quotes
Process*
City Manager
approves PO
Contract required
More than $100,000 RFB/RFP Process City Council
approves contract
Contract required
* Generally, staff should seek at least three quotes. A “no-bid” response may be considered a quote for this purpose. 9 4.3 On-Call Consultant Services
The table below summarizes the bidding and approval requirements for purchases of on-call consultant services, as defined in Section 1.3 of this policy.
Purchase Amount Bid Process Approval PO/Contract
Requirement
$5,000 or less None Required Department Head or
designee approves
invoice
No PO or contract
required
$5,001-$50,000 Proposals from Oncall Consultants
Department Head
approves PO
Contract required
$50,001-$400,000 Proposals from Oncall Consultants
City Manager
approves PO
Contract required
More than $400,000 Proposals from Oncall Consultants
City Council
approves
Contract required
4.4 Contract Amendments and Change Orders
A purchase approver may amend a contract or approve a change order in an amount not to exceed 20% of the original contract amount without approval from the higher purchasing authority, provided that the original contract was within the approver’s authority, as noted in this Section 4, and the amendment or change order does not materially change the scope of services.
SECTION 5 – BIDDING PROCEDURES
For purchases that require a bidding process as shown in Section 4 of this policy that do not fall within the exceptions listed in Section 6 of this policy, staff must engage in one of the following competitive bidding processes describe below.
5.1 Request for Bids (RFB)
An RFB is a request to vendors to submit an offer or quote for specific, defined goods, products or construction. An RFB should be used when seeking a fixed price for goods with known specifications (e.g. Dell XPS 13 laptops). RFBs are used for Construction of Public Projects and when setting up a Job Order Contract (defined in Section 11 of this Policy). RFBs must be posted on the City’s designated solicitation site along with other desired noticing.
5.2 Request for Proposals (RFP)
An RFP is a request to vendors to submit a proposal for goods or services for which the exact specifications or methodology of providing the desired goods or services is not 10 defined. An RFP is generally used for more complex goods or services purchases. RFPs allow for consideration of factors other than price, including the qualifications of the vendor and the vendor’s ability to perform. RFPs must be posted on the City’s designated solicitation site along with other desired noticing.
5.3 Request for Qualifications (RFQ)
An RFQ is a request for a statement of qualifications for a certain class of vendors or consultants. RFQs are used to develop On-call or Master Agreements. RFQs must be posted on the City’s designated solicitation site along with other desired noticing.
5.4 Informal Quotes
When formal bidding is not required by the City’s purchasing policy, staff may seek informal quotes by verbal or written request. An informal or quick quote is a simple request for pricing on simple, low-cost goods or services. Staff should request quotes from at least three vendors, if available. If quotes are sought by verbal or written request, staff must create a quote summary to record the quotations received..
5.5 Bidding Criteria
The table below summarizes the requirements and process for each type of solicitation listed in Sections 5.1 – 5.4 of this policy.
RFB RFP RFQ Informal Quote
Goal Lowest Price Lowest
Responsible
Bidder
Most Qualified Lowest Price
Public Opening
Requirements
Open publicly
and read aloud
Open publicly
and pricing read
aloud
No public
opening.
Qualification
statements
made publicly
available
No public
opening
Evaluation
Process
Select lowest
responsive bid.
No scoring
Responsible
proposals
evaluated and
scored based on
qualifications.
Qualifications
evaluated and
scored (can
have pass/fail
responses). No
cost evaluation.
Select lowest
responsive
quote. No
scoring
Award Basis Lowest
responsive bid
Highest scored
proposal
Highest scored
submittal
Lowest
responsive
quote
11 SECTION 6 – NO-BID PURCHASING
6.1 Low-Cost Purchasing
As noted in the tables in Section 4 of this manual, no bidding process (formal or informal) is required for purchases of less than $5,000.
6.2 Sole Source Purchasing
Generally, it is the policy of the City to solicit quotations or bids for purchases of commodities or services for more than $5,000 and to select vendors on a competitive basis. However, certain acquisitions in which the products or services may only be obtained from a single source may be purchased without engaging in bidding procedures.
Sole Source purchases must be justified in sufficient detail to explain the basis for suspending the usual competitive procurement process and approved by the Administrative Services Department before such a purchase is made.
Some examples of legitimate sole source purchases include the following:
• Purchases in which only one known source exists or there is no reasonable alternative source for the goods or services as determined by documented research • Purchases in which only one source meets the City’s business needs (e.g., compatibility with existing systems, unique features or services that meet the desired goals of the City, etc.).
• Purchases of proprietary items which only the manufacturer, owner, or designated re-seller is permitted to sell (this includes purchases in which purchasing from a nondesignated seller would result in nullification of manufacturer warranties) • Upgrades to existing systems where purchasing a different solution or product would result in significant additional costs (e.g., data conversion, re-training of staff, new system implementation costs)
• Purchases of services from a contractor with specific and unique knowledge of existing City systems, procedures or historical data that is critical to the project or City goals where use of another contractor would result in significant costs or project delays due to lack of such knowledge.
6.3 Emergency Purchasing
Generally, it is the policy of the City to solicit quotations or bids for purchases of commodities or services for more than $5,000 and to select vendors on a competitive basis. However, purchases that are required to safeguard and immediate life, health or property interest may be made without a bidding process.
Section 6.3.1 – A purchase qualifies as an Emergency Purchase if all of the following are true:
• The City’s need cannot be met under the time constraints of the normal purchasing process and;
12 • The lack of equipment, goods or services would seriously threaten the functioning of City government, the preservation of property or the health and safety of any person.
Section 6.3.2 – City staff must not use the emergency purchase process to circumvent general purchasing policy or vendor licensing requirements. City staff should seek quotes and determine reasonableness of pricing when making an emergency purchase whenever possible.
Section 6.3.3 – Local Emergency Purchasing. If a local emergency is declared by the City Council, City staff must adhere to the Emergency and Disaster Purchasing Policy (see Attachment B).
6.4 Cooperative Agreement Purchasing
Section 6.4.1 – City staff may use established cooperative agreements involving other public agencies for purchases without a competitive bidding process, if those cooperative agreements were competitively bid. City staff is responsible for researching cooperative agreements to ensure the bidding process complies with City competitive bidding rules.
Section 6.4.2 – City staff should research the pricing for the goods or services being sought and compare the pricing set forth in the cooperative agreement is reasonable. If the pricing set forth in a cooperative agreement is not reasonable, City staff should initiate a competitive bidding process rather than leveraging the cooperative agreement.
6.5 Routine Expenditures for Utilities, Payroll and Other Services Routine expenditures that benefit several departments, such as telephone, utilities, debt service payments, and payroll benefit costs, shall be paid by the Administrative Services Department without the use of a Purchase Order Request. Computer spreadsheets, reports, or other coding information will be sufficient to use as backup documentation.
These procedures may be waived in the event of an emergency if it is in the public interest.
SECTION 7 – CREDIT CARD CHARGES
7.1 Credit Card Issuance
The Administrative Services Department will issue credit cards only to permanent employees who are approved by their Department Head.
13 7.1.1 Limits. Generally, City-issued credit cards shall have a credit limit of $5,000. However, the City Manager may approve an increase of this limit if written justification is provided by the Department Head.
7.1.2 City Business. City credit cards are for official City business only. No personal purchases may be charged to the card. Intentional charging of personal expenses on City credit cards is a misuse of City funds, and a serious breach of the City’s ethics policy. Doing so, even if the intent is to reimburse the City later, will result in disciplinary action, up to and including termination and legal action.
Minor incidental expense as a component part of a larger billing, such as personal calls on a hotel bill, may be allowed if reimbursed at the time the credit card billing is submitted for payment.
7.1.3 Travel Expenses. Credit cards may be used in paying for travel expenses.
However, the City’s Travel Guidelines still apply to all such credit card payments, including the use of Travel Authorizations and per diem amounts.
7.1.4 Gratuities. Generally, purchases with City credit cards may include reasonable gratuities for services for which such gratuities are standard but should not exceed 20 percent of the total cost.
7.1.5 Comply with Rules. City credit cards may not be used to circumvent other purchasing rules in this manual. Additionally, City credit cards may not be used for the following:
• Cash advances, wire transfers, money orders, etc.
• Purchases of items for which the City has contracts (water meters, bulk fuel, etc.) unless it is an emergency situation, and approved by the Approving Official.
• Political or religious organizations.
• Court costs, fines, bail, or bonds.
• Rentals, except for small pieces of equipment to be used for less than a weekin duration or vehicle rentals related to travel.
• Temporary employees.
• Alcoholic beverages and tobacco products.
14 7.1.6 Cardholder Responsibility. Each cardholder is responsible for the security and safe keeping of the credit card and must sign the City’s Credit Card Agreement (See Attachment C – Credit Card Agreement). Cardholders should obtain itemized receipts for every transaction. Cardholders who fail to provide itemized receipts for purchases may be held personally responsible for charges.
If an item is billed incorrectly, the cardholder is responsible for contacting the vendor within 10 days of the transaction. The employee should notify Accounts Payable and should provide all documentation relating to the charge in a timely manner. Accounts payable will contact the bank and will pursue the matter until resolved.
7.1.7 Department Head Responsibility. Department Heads must authorize issuance of credit cards and develop and implement departmental procedures to be sure credit card purchases are approved and forwarded to Administrative Services in accordance with this manual, and in a timely manner. Department Heads must retrieve credit cards from the cardholder if the cardholder fails to adhere to the policies in this manual or separates from City service. When necessary, Department Heads must enforce disciplinary action associated with the misuse of credit cards.
7.1.8 Disciplinary Action. The Director of Administrative Services or authorized designee will notify Department Heads regarding misuse of City credit cards.
Department Heads will be responsible for all disciplinary action surrounding misuse of cards, or abuse of this policy. This will include cancellation of card privileges, and other action as deemed appropriate.
SECTION 8 – BUSINESS TAX CERTIFICATE REQUIREMENT
8.1 Requirement
The City requires most entities doing business within or transacting with the City to obtain a Business Tax Certificate, pursuant to GBMC Section 10202. Therefore, for most purchases, City staff must notify the vendor of the requirement and/or ensure that the vendor has a Business Tax Certificate before making the purchase. Whenever possible, City staff should direct purchases to vendors who already have a valid business license. Staff should contact the Administrative Services Department for a current listing of businesses who have valid Business Tax Certificates.
8.2 Exceptions
• Some businesses are exempt from obtaining a Business Tax Certificate (see GBMC Section 10215). For those businesses that are exempt, staff need not require proof of a Business Tax Certificate to make a purchase. 15 SECTION 9 – PAYMENT OF INVOICES
9.1 Receipt of Goods and Services
Items must generally be shipped to a City address or worksite. If the product will be shipped to an alternate location, this should be cleared through the Administrative Services Department inadvance.
9.2 Invoice Process
Once an invoice is received, staff should verify the goods or services were received in good working order or pursuant to the scope and terms of the contract, when applicable.
Upon verification, the Department should enter all necessary information in the Accounts Payable System provide the following information to the Administrative Services Department:
• That they are authorizing payment (i.e., use stamp)
• The amount that they are authorizing for payment
• The account number(s) that is to be charged
• Include vendor’s W-9 form if not already on file (should be checked with the Administrative Services Department)
• Attach a copy of the contract, if applicable
• Attach invoice/receipt/backup
SECTION 10 – CONTRACT MANAGEMENT
Purchases that require contracts, as noted in Section 4 of this policy, and any contract entered into on behalf of the City must adhere to this Section 10.
10.1 Responsibilities
Contract management is the primary responsibility of the department in charge of the project or services. Prior to requesting bids or proposals, the Department Director shall work with the City Attorney to ensure the contract is in proper legal form and shall ensure the contract is properly executed upon award. The Department Director shall also ensure that payment to contractors or vendors are in accordance with the payment terms and/or schedule within the contract.
10.2 City Attorney Approval
10.2.1 Unless otherwise exempted in this Policy, contracts must be reviewed and approved as to legal effect and form by the City Attorney prior to execution or submittal to the City Clerk for inclusion in the City Council Agenda. .
10.2.3 Templates. If staff uses a City Attorney-approved contract template for the purchase of goods or equipment and no changes are made, additional City Attorney approval and/or signature is not required.
16 10.3 Execution
Whenever possible, contracts that require approval of the City Council should be signed by the contractor prior to being brought before the Council and a copy of the contract shall be included in the Council agenda package submitted to the City Clerk before it is included into the Council agenda package. Contracts should be signed via electronic signature whenever legally permitted. Contracts that are signed by a corporation or any other legal entity other than an individual, should be verified by written delegation of the legal entity the party signing the agreement has authority to do so. The City Attorney can assist with the type and nature of written authority necessary for a binding agreement.
10.4 Control of Contract
The Director of the contracting department shall maintain a copy of each contract and shall provide a copy to the Administrative Services Department. Contracts should be maintained for at least three years from the date of final payment under the contract.
SECTION 11 – DISPOSAL OF SURPLUS PROPERTY
All departments shall notify the Administrative Services Department of existing materials, supplies or equipment that are no longer used or have become obsolete. Departments may sell or dispose of such property under the following Sections.
11.1 General
If disposing of any City property, staff should determine the property’s value and reason for disposal (ie: property is past useful life, property is obsolete or being replaced by updated equipment). Disposal of capital assets must be reported to the Administrative Services Department.
11.2 Value Exceeding $5,000
11.2.1. If the value of the equipment or goods exceeds $5,000, the City must publish a notice in a newspaper of general circulation and shall sell the property using one of the following methods:
(A) A notice inviting formal bids shall be published in a newspaper of general circulation and sale shall be made to the highest bidder. (B) The department may use a third party vendor to auction the items on behalf of the City.
11.2.2. The department may dispose of property with a value exceeding $5,000 only if it is determined to be unusable or if an attempted sale is not successful.
Disposal of such property must be approved by the City Manager.
11.3 Value of $5,000 or Less
If the value of the equipment or goods is $5,000 or less, the surplus property shall be offered to other departments, if feasible. If no other City department claims the property, it must be included in a list prepared by the Administrative Services Department and be 17 sold by informal bids to the highest bidder. If no bids are received or if the property has no resale value, the City Manager may approve the destruction of the property.
11.4 Donations to Other Agencies
If property may properly be donated to another governmental agency, staff shall make arrangements with that agency and notify the Administrative Services Department of property being donated and estimated value. Donations should be made on an “as-is” basis, without any express or implied representations or warranties under applicable law.
11.5 Disposal
Departments shall dispose of property at the City’s Corporation Yard. 11 – DEFINITIONS
For definitions of bidding processes, see Section 5 of this policy.
11.1 Capital Asset
Any asset, tangible or intangible, used in operations that has a service life of more than one year with a cost exceeding $25,000 for infrastructure and $5,000 for all other capital assets.
11.2 Force Account
Use of City assets, equipment or labor of City staff, rather than a contractor.
11.3 Job Order Contract
A competitively bid, fixed price, multi-year construction contract based on established or published unit prices via a unit price book (UPB) or a price list with a multiplier (termed coefficient) applied to the unit prices.
11.4 Public Project
A public project is “construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds . . . For purposes of this paragraph, “construction” includes work performed during the design, site assessment, feasibility study and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work regardless of whether any further construction work is conducted, and work performed during the postconstruction phases, including but not limited to, all cleanup work at the jobsite. For purposes of this paragraph, “installation” includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.” (See CA Labor Code Section 1720, CA Public Contract Code Section 20161).
11.5 Sole Source Purchase
A sole source purchase is when the City enters into a contract with a contractor without going through the typical competitive process as required by law because it deems that the contractor is the only source available that can meet the City’s 18 requirements or the purchase complies with the requirements of Section 6.2 of this Policy.
11.6 Surplus Property
Surplus property is tangible property (any property that can be physically relocated) that is no longer of use to any City department because it is obsolete, uneconomical to repair, or valued only for its base contents. Surplus Property may include anything from office supplies and furniture to vehicles and heavy equipment. Surplus property for purposes of this Policy shall not include real property as defined by State law.
EXHIBIT A
EMERGENCY AND DISASTER PURCHASING POLICY
Policy Statement
The City of Grover Beach (City) is a full-service City, providing police, public works, parks and recreation and community development services. As such, it is the City’s responsibility to establish policies for prudent financial oversight and accountability.
The City Council sets legislative financial management policies, as recommended by staff. During declared states of emergency, the City may be required to invoke emergency purchasing practices to maintain core public services. These emergency practices are only authorized when the City Manager, acting in the capacity of the Director of Emergency Services, or the City Council of the City of Grover Beach declares a local state of emergency.
Purpose
When the City of Grover Beach has declared a local state of emergency, any official or employee who is required to purchase materials, supplies or services on behalf of the City for their department shall use purchasing practices set forth in this document until such time as the local state of emergency has been lifted.
This Policy modifies the City’s normal purchasing practices to assure that, in exigent circumstances caused by a proclaimed disaster or emergency, the City is able to acquire the goods and services required to address an immediate threat to health, safety or improved property while still maintaining an effective purchasing process and complying with applicable local and state purchasing laws. Where the City is included in a major disaster or emergency declared by the President of the United States, this Policy also assures that City procurements comply with federal regulations applicable to FEMA disaster grant reimbursement.
Definitions
For purposes of this Policy, (a) a proclaimed disaster or emergency exists if (i) the Governor has declared a state of emergency for an area which includes the geographic territory of the City; or (ii) the Chief Executive Officer of the City has declared an emergency in the City; (b) “Exigent Circumstances” are situations in which (i) a disaster or emergency has been proclaimed, and (ii) the public exigency for goods and services required to address an immediate threat to health, safety, or improved property will not permit competitive solicitation.
Emergency and Disaster Purchasing Policy
Disaster purchasing has a number of facets, first emergency spending limits are expanded and authorized by council without the need to obtain their prior approval. There can be individual limits and aggregate limits which give emergency managers the necessary authority to act quickly under exigent circumstances.
The concept of emergency purchases regards purchases made under “crisis” conditions, where there is an immediate threat to health, safety or improved property. When this condition (an immediate threat to health, safety or improved property) exists, the city has wider latitude to do what is necessary to save lives and prevent further damage to improved property. Given this, and operating under the understanding that when an emergency is in place, the City will be in need of supplies, goods and services as quickly as possible, local vendors within the City and County will be contacted first to obtain the quickest possible acquisition to preserve immediate health and safety for the Grover Beach community. This is consistent with the policy directives outlined below.
Section 1 - Delegations of Purchasing Authority in Exigent Circumstances. (a) if the City Manager determines that goods and services must be procured before the City Council is able to assemble and approve purchases, the City Manager has authority, subject to the limitations set forth in sub-paragraphs (a)(i) and (a)(ii), to approve the immediate rental or purchase of any equipment, supplies, services or other items necessary to respond to an immediate threat to health, safety or improved property.
(i) Limits of Single Purchase Authority. The City Manager shall have the authority to make individual purchases up to $250,000 on his or her signature alone. The City Manager shall have the authority to make purchases in excess of $250,000 up to a maximum of $500,000 when countersigned by the Mayor or in the Mayor’s absence countersigned by another council member.
(ii) Limits of Aggregate Purchase Authority. The City Manager shall have the authority to make aggregate purchases up to $500,000 on his or her signature alone. The City Manager shall have the authority to make purchases in excess of $500,000 up to a maximum of $1,500,000 when countersigned by the Mayor or in the Mayor’s absence countersigned by another council member.
(b) Sub-delegation to EOC Coordinator. The EOC Coordinator shall be a designee of the City Manager at any time that the City Manager is not available to approve purchases as allowed in this section. (c) Administrative Procedures: Reporting Requirements.
(i) As soon as possible after purchases are made under this section 1, the City Manager, EOC Coordinator, or department head shall submit to the Purchasing Officer (Administrative Services Director) a requisition and a notation that the commodity has been ordered on an emergency basis from the vendor designated.
(ii) The Purchasing Officer will inform the City Manager and the City Council of any individual purchase under this section with a contract amount greater than $125,000, and also whenever the aggregate of purchases under this section is greater than $200,000 dollars. (iii) The Purchasing Officer will obtain the City Manager's (or EOC Coordinator as the City Manager’s designee) approval prior to any purchase by a department head if the amount is $150,000 dollars or more.
(iv) The Purchasing Officer shall have the authority to approve all disaster related purchases under $150,000 thousand dollars.
(v) The Purchasing Officer will expedite the verification of funds available and complete the preparation of the purchase order.
Section 2 - Procurement Procedures in Exigent Circumstances.
Upon receipt of requisitions under Section 1 above, the Purchasing Officer shall prepare purchase orders for the emergency equipment, supplies, services or other items in accordance with the requirements of this section.
(a) Exempt Purchases. Purchases below $200,000 shall not be required to be formally bid. Purchases greater than $200,000 may be made following the procedures specified in this section. The signature(s) of the City Manager, Purchasing Officer and/or Department Head are still required as provided in Section 1.
(b) Justification of “Sole Source” or “No-bid” Contracts. Where exigent circumstances require immediate procurement from the nearest available source:
(i) the Procurement Officer shall complete a Sole Source Justification Form; (ii) procurement should be limited to that portion of the work that must be performed immediately, allowing subsequent procurement by competitive proposals of the remainder of the work;
(iii) “Sole source” or “no-bid” acquisitions shall be necessary for one of the following reasons:
placement of emergency protective measures; procurement of a scarce commodities, goods, or services; or acquisition or rental of emergency equipment , emergency consulting services, emergency road clearance or other emergency requirements. (c) Provision for Alternate Bid Solicitation Procedures. The City's normal requirements for sealed bids shall not apply to acquisitions under Section 1. However, the Procurement Officer shall conduct telephonic or other electronic bid solicitation from potential vendors or suppliers, in lieu of written and/or sealed bids, in an effort to obtain multiple competitive proposals when and if time allows in light of the exigent circumstances.
(d) Locations of Postings for Requests for Proposals or Solicitation of Bids. The Procurement Officer may waive normal requirements for public posting of requests for proposals or solicitation of bids.
Notices soliciting bids or requests for proposals shall be posted at the Emergency Operations Center or Alternate Emergency Operations Center, if the Primary Emergency Operations Center is not being used.
(e) Length of Time for Posting Requests for Proposals or Solicitation of Bids. The Procurement Officer may shorten the normal bid period to expedite the award of contracts for emergency equipment, goods, or services. The Procurement Officer should seek to assure that the shortened bid period allows multiple suppliers to submit bids.
(f) Number of Bids Required. Solicited bids that are non-responsive shall count towards the minimum numbers of bids required when there is a declared emergency or disaster in the City.
Section 3 - Notification and Ratification
(a) Posting of Contract Awards. Under this section, all contracts awarded that exceed $750,000 shall be presented to the City Council for ratification and shall be publicly posted within sixty (60) days of the award.
(b) Authority to Cancel Emergency Procurements. As a provision of this policy, the City has the absolute authority to rescind a contract for non-performance within 24 hours when a contractor or vendor, once awarded a contract, is unable to perform under the terms of the contract and the resulting delay or non-performance presents an immediate threat to life, safety or improved property. (c) Notification Requirement for Emergency Purchases. For any purchase in excess of $150,000, the City Manager shall report all such purchases to the City Council within thirty (30) days. (d) Requirement for Separate Invoicing. All purchases or rentals made during proclaimed emergency or disaster conditions shall require separate invoicing from routine (non-disaster related) purchases.
All invoices shall state the goods, services or equipment provided and shall specify where the goods or services were delivered and be coded to the designated disaster project code. (e) Auditing of Invoices for Debris Clearance Prior to Payment. All invoices for debris clearance and removal shall be audited by the City prior to payment to the vendor. Vendors shall be notified of this requirement prior to the awarding of any contract for debris clearance and/or removal. Audits shall be in accordance with procedures for debris removal monitoring specified in FEMA’s Publication 325, Debris Management Guide.
(f) Limitations of Disaster Purchasing Policy. For the purposes of this section, an emergency or disaster shall be deemed to exist when a condition exists that presents an immediate threat to health, safety or improved property and a local emergency or disaster has been proclaimed. Any purchases that do not meet the standard of being necessary for responding to an immediate threat to health, safety or improved property shall follow the City's regular purchasing provisions.
EXHIBIT B
CITY OF GROVER BEACH
CREDIT CARD HOLDER USE AGREEMENT
22 Employee: Department:
The above-named employee (Cardholder) of the City of Grover Beach has been issued a City credit card. The Cardholder has been provided with a copy of the City's purchasing policy, and hereby agrees to comply with all terms and conditions set forth therein, including but not limited to:
1. Official Use Only. City credit cards are for official City use only. Charging personal expenses on City cards is a misuse of City funds and a serious breach of the City’s ethics policy. Doing so—even if the intent is to reimburse the City later—will result in disciplinary action, up to and including termination. Minor incidental expenses as a component part of a larger billing—such as personal telephone calls or video rentals on a hotel bill—may be allowed if reimbursed at the time the credit card billing is submitted for payment.
2. Timely, Accurate and Supported Payments. Credit card payments will be processed on a timely basis, and adequate supporting documentation (such as vendor order forms, receipts, invoices and credit card receipts) will be retained for all charges and attached to payment vouchers.
3. Disputed Charges. The vendor and issuing bank will be notified immediately of any disputed charges.
4. Lost or Stolen Cards. The issuing bank and the Administrative Services Department will be notified immediately of a lost or stolen card. Failure to do so could make the Cardholder responsible for any fraudulent use of the card.
5. Surrender Upon Request or Separation. The credit card will be immediately surrendered upon retirement, termination or upon request of the department head. Use of the credit card for any purpose after its surrender is prohibited.
6. Credit Card Limit. The credit limit of this card is $ .
7. Other Restrictions. .
Cardholder Signature Date
DISTRIBUTION: Original - Cardholder Personnel File Copies - Administrative Services Department, Department Head, Cardholder
RETURN OF CITY CREDIT CARD UPON SEPARATION FROM CITY EMPLOYMENT I HEREBY SURRENDER the credit card issued to me by the City of Grover Beach to the Human Resource Department. I declare that all outstanding charges on the credit card are for official City business and will be paid through established procedures.
Cardholder Date Department Head Date
Standard Requirements for Public Works Contracts
Contrac�ng for public works by local agencies are generally governed by the Local Agency Public Construc�on Act (California Public Contract Code §§ 20100, et. seq).
The following provides general guidance on compliance with the Public Contract Code and shall govern all no�ces, bids, bid documents, awards, agreements and contracts for public works in the City of Grover Beach. This is not a comprehensive lis�ng of all Public Contract Code Requirements and it is recommended that staff become aware of all requirements prior to preparing bid documents for public works. • Compe��ve bidding is required for all public works projects over $5,000. • California Labor Code sec�on 1720 defines a public work as: “Construc�on, altera�on, demoli�on, installa�on, or repair work done under contract and paid for in whole or in part out of public funds . . . For purposes of this paragraph, “construc�on” includes work performed during the design and preconstruc�on phases of construc�on, including, but not limited to, inspec�on and land surveying work. For purposes of this paragraph, “installa�on” includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.” • Projects cannot be split into smaller projects to avoid compe��ve bidding. • A no�ce to bidders shall be published in a paper of general circula�on and in any on-line plan room that requests bid informa�on. The no�ce shall state the �me, date and place where bids will be publicly opened.
• No�ces must be published twice the with first no�ce no less than 10 calendar days prior to the bid opening and the second no�ce no less than 5 calendar days prior to the bid opening. • Project documents shall be prepared for all public works. Project documents shall generally consist of General and Special Provisions, Project Specifica�ons and drawings depic�ng the nature of the work to be constructed. All project documents must be made available for review by poten�al bidders. Project documents shall be posted on the City’s website prior to the no�ce invi�ng bids.
• If bid alternates or addi�ves are included in addi�on to the project base bid, the no�ce shall indicate the method of selec�ng the lowest responsive and responsible bid without ambiguity. • Project bids may require prequalifica�on when in the opinion of the City Engineer the work involves special construc�on methods or requires sufficient equipment, manpower and experience such that some contractors may be unable to successfully complete the work with minimal public inconvenience. The process involves submi�ng ques�onnaires and forms that are prepared by the Department of Industrial Rela�ons and available on their website. • A prequalifica�on program must be adopted by Resolu�on prior to the no�ce invi�ng bids. • Project bid documents shall:
o Iden�fy the required contractor’s license classifica�on. o State that the contractor and all subcontractors will be required to obtain a City of Grover Beach Business Tax Cer�ficate and Encroachment Permit at the �me the Contract is awarded.
o State that the contract is subject to state contract nondiscrimina�on and compliance requirements pursuant to Government Code, Sec�on 12990. o State that contractors shall list in their bid all subcontractors who will perform work in excess of one-half of one percent of the total bid or $10,000, whichever is greater.
Attachment 4
o Require the contractor to submit and Equal Employment Opportunity Cer�fica�on, a NonCollusion Affidavit, Debarment and Suspension Cer�fica�on and Project References (Example forms provided in Appendix A)
• Final Bid Documents and Contract forms shall be reviewed and approved by the City Atorney unless such forms are approved in advance as City Standard forms by the City Atorney and remain unaltered.
• All bids must be submited by the date, �me and to the place indicated in the no�ce. Bids may be accepted electronically if indicated in the no�ce.
• Staff shall determine whether the bidders are responsive to the bid no�ce and requirements and whether the bidder is responsible.
• The contract shall be awarded to the lowest responsive and responsible bidder. • Bids shall be publicly read aloud, and the apparent low bidder shall be announced at the �me of bid opening.
• Minor bid irregulari�es may be waived if in the opinion of the City Engineer they do not affect the bid price or provide an unfair bidding advantage.
• All bids shall include a bid bond in the amount of 10% of the bid price. • Generally no bids shall be withdrawn for a period of 60 working days following the date of the bid opening. Bids may be withdrawn if requested in wri�ng by the contractor within 5 business days of the bid opening if in the opinion of the City Engineer the contractor made a substan�al bid error that substan�ally affects the total bid price. The error cannot be careless or a lack of judgment or experience and shall generally be clerical or similar.
• The City may reject all bids and is not required to proceed with the project but if the project is to be completed the City must follow the procedures above for publishing a new no�ce invi�ng bids. • The awarded contractor shall furnish a performance bond in the amount of 100% of the contract price and a payment bond in the amount of 50% of the contract price. • All bidders must submit a Non-collusion Affidavit signed by an officer or owner of the company (PCC § 7107)
• Contractor and subcontractor employees must be paid the prevailing wage as set forth by the Department of Industrial Rela�ons. The contract must state that failure to pay prevailing wages will result in enforcement in accordance with the California Labor Code. • The contractor shall be registered with the Department of Industrial Rela�ons and shall show proof of such registra�on as required by the California Code of Regula�ons. • The contractor shall be required to comply with appren�ceship requirements, pos�ng of prevailing wages and cer�fied payroll requirements of the Labor Code (refer to Sec�ons 1725.5, 1773.2, 1775, 1777.5, 1776 and 1813 of the California Labor Code and Title 8, California Code of Regula�ons Sec�on 230.1)
• Contracts may include sole source specifica�ons (specific brand names or model numbers) only if the item is only available from a single source or if needed to match other products or provide consistency for replacement and maintenance.
• The City may withhold reten�on in the amount of 5% of each payment es�mate in accordance with Public Contract Code Sec�on 9203(a).
• The release of reten�on shall be made pursuant to Public Contract Code Sec�on 7107. Within 60- calendar days a�er the date of comple�on of the work of improvements and the establishment of the Contract acceptance date in accordance with the Special Provisions 5.20, “Comple�on of the Work of Improvements”, the reten�on withheld by the City shall be released. In the event of a dispute between the City and the Contractor, the City may withhold from the release of reten�on an amount not to exceed one hundred fi�y percent (150%) of the disputed amount. This code provision will be administered as either (1) all 150% may be withheld from the Final Payment, (2) all 150% may be withheld from the reten�on, or (3) a combina�on of withhold from both the Final Payment and reten�on in an amount not to exceed 150%.
• The contractor shall be required to provide insurance in the amount and form as specified in the contract documents and approved by the City Atorney. An example of the insurance requirements is provided in Appendix B. The amounts and form may be reviewed and revised at any �me by the City Atorney.
• Following comple�on of the public work, the Council shall accept and approve the project as complete and file a No�ce of Comple�on.
Appendix A: Sample Forms
(Because some colored inks will not reproduce in copy machines, please use black ink to complete this proposal.)
PROPOSAL
To The City of Grover Beach
for
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-10 • SEABRIGHT AVENUE, SOUTH 13TH STREET TO SOUTH OAK PARK BOULEVARD • TROUVILLE AVENUE, SOUTH 10TH STREET TO SOUTH OAK PARK BOULEVARD • MANHATTAN AVENUE, SOUTH 13TH STREET TO SOUTH OAK PARK BOULEVARD • SOUTH 11TH STREET, WEST GRAND AVENUE TO LONG BRANCH AVENUE • SOUTH 10TH STREET, ROCKAWAY AVENUE TO RAMONA AVENUE
• MALIBU COURT, JALAMA COURT, RINCON COURT, STINSON COURT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The Work shall be constructed in accordance with the State of California Department of Transportation Standard Specifications dated 2010, except as modified by these Special Provisions, the Construction Drawings, the City of Grover Beach Standard Drawings and the Contract annexed hereto. In the absence of specific standards referenced in the foregoing, water system work and materials shall comply with AWWA Standards. Labor Surcharges and the Equipment Rental Rates and General Prevailing Wage Rates of the STATE OF CALIFORNIA, Business and Transportation Agency, Department of Transportation shall apply to all work except as modified herein.
This Proposal is submitted with respect to the changes to the Contract included in addenda number/s _________________________ (Fill in addenda numbers if addenda have been received).
BID INFORMATION
Bids are submitted for the entire Work. The amount of the bid for comparison purposes will be the total of all items. The total of unit basis items will be determined by extension of the item price bid on the basis of the estimated quantity set forth for the item.
The Bidder shall set forth for each item of Work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the extension of the item price bid on the basis of the estimated item quantity for the item.
In case of discrepancy between the item price and the item total set forth for the item, the item price shall prevail provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the "Item Total" column, then the amount set forth in the "Item Total" column for the item shall prevail in accordance with the following:
1. As to lump sum items, the amount set forth in the "Item Total" column shall be the item price.
2. As to unit basis items, the amount set forth in the "Item Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price.
The City reserves the right to reject any and all bids.
The BASIS OF AWARD of the Contract will be based on the lowest, responsive, responsible “BASE” Bid. The city, at its sole discretion, may or may not elect to award the Base Bid and Additive Bid.
If this proposal shall be accepted and the undersigned shall fail to enter into the Contract, to provide the certificate(s) of insurance and endorsement(s) as required by these Special Provisions, and to give the specified Payment Bond and Performance Bond with a surety that is satisfactory to the City, within ten (10) days, not including Saturdays, Sundays and legal holidays, after the Bidder has received notice from the City that the Contract has been awarded, the City may, at its option, determine that the Bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City.
The undersigned, as Bidder, declares under penalty of perjury that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed Work, the annexed proposed form of contract and the plans therein referred to; and he proposes, and agrees, if this proposal is accepted, that he will contract with the City in the form of the copy of the Contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the Work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following item prices, to wit:
BID QUANTITIES
for the
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-10 • SEABRIGHT AVENUE, SOUTH 13TH STREET TO SOUTH OAK PARK BOULEVARD • TROUVILLE AVENUE, SOUTH 10TH STREET TO SOUTH OAK PARK BOULEVARD • MANHATTAN AVENUE, SOUTH 13TH STREET TO SOUTH OAK PARK BOULEVARD • SOUTH 11TH STREET, WEST GRAND AVENUE TO LONG BRANCH AVENUE • SOUTH 10TH STREET, ROCKAWAY AVENUE TO RAMONA AVENUE
• MALIBU COURT, JALAMA COURT, RINCON COURT, STINSON COURT
BASE BID
ITEM
NO.
ITEM DESCRIPTION UNIT APPROX.
QTY
UNIT PRICE TOTAL ITEM
PRICE
1 Mobilization LS 1
2 Construction Surveying LS 1
3 Survey Monument
Preservation
LS 1
4 Water Pollution Control
Program
LS 1
5 Traffic Control Systems LS 1
6 Portable Changeable
Message Sign
EA 2
7 Public Notifications LS 1
8 Clearing and Grubbing LS 1
9 Repair Landscape and
Irrigation
LS 1
10 F Roadway Excavation CY 7,250
11 Hot Mix Asphalt TON 6,060
12 Class 2 Aggregate Base CY 4,500
13 Hot Mix Asphalt (Driveways
and Misc. Areas)
SF 3,850
14 Hot Mix Asphalt Dike (Type
A)
LF 1,150
15 Hot Mix Asphalt Dike (Type
E)
LF 300
16 Concrete Curb Ramp SF 13,390
17 Concrete Sidewalk SF 660
18 Concrete Curb & Gutter LF 185
19 Concrete Curb & Spandrel SF 190
20 Concrete Curb LF 420
21 Concrete Cross Gutter SF 1,150
22 Concrete Driveway SF 820
BASE BID
ITEM
NO.
ITEM DESCRIPTION UNIT APPROX.
QTY
UNIT PRICE TOTAL ITEM
PRICE
23 Decomposed Granite Path SF 2,870
24 Replace 1-Inch Water
Service
EA 11
25 Adjust Sewer Manhole to
Finish Surface
EA 9
26 BLANK n/a n/a
27 Adjust Sewer Cleanout to
Finish Surface
EA 10
28 Adjust Water Valve Cover to
Finish Surface
EA 64
29 Adjust Utility Boxes to
Finish Surface
EA 4
30 Relocate Fire Hydrant EA 1
31 Reset Mailbox EA 2
32 Reset One-Post Sign EA 5
33 Replace Traffic Signal
Detector Loops
EA 4
34 Thermoplastic Pavement
Striping (Detail 21)
LF 300
35 Thermoplastic Pavement
Markings (Limit lines,
crosswalks, and word
markings)
SF 1,170
36 Blue Retroreflective
Pavement Markers
EA 13
37 Paint Curb Red LF 320
Notes:
1. (F) denotes Final Pay per Caltrans Standard Section 9-1.02C.
2. Lump Sum items shall provide Schedule of Values per Caltrans Standard Section 9-1.16B unless directed otherwise by the Engineer.
TOTAL BASE BID AMOUNT:
TOTAL BASE BID: $
(In Figures)
(In Words)
Bid amount of each of the above bid items must be filled in and completed in ink. In the event of a conflict between numbers given in figures and in words, the words shall control. In the event of a conflict between a unit price and the extended price, the unit price correctly multiplied by the estimated quantity shall be used in calculating the total bid.
ADDITIVE BID NO. 1 – Concrete
ITEM
NO.
ITEM DESCRIPTION UNIT APPROX.
QTY
UNIT PRICE TOTAL ITEM
PRICE
1 Concrete Sidewalk SF 420
2 Concrete Curb and Gutter LF 75
3 Concrete Driveway SF 300
Notes:
1. (F) denotes Final Pay per Caltrans Standard Section 9-1.02C.
2. Lump Sum items shall provide Schedule of Values per Caltrans Standard Section 9-1.16B unless directed otherwise by the Engineer.
TOTAL ADDITIVE BID NO. 1 AMOUNT:
(In Figures)
(In Words)
Bid amount of each of the above bid items must be filled in and completed in ink. In the event of a conflict between numbers given in figures and in words, the words shall control. In the event of a conflict between a unit price and the extended price, the unit price correctly multiplied by the estimated quantity shall be used in calculating the total bid.
TOTAL ADDITIVE BID NO. 1: $
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION – BIDDER
The Bidder ______________________________________________________________________, hereby certifies that he ____________(has, has not) _______, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION – SUBCONTRACTOR Proposed Subcontractor ____________________________________________________________, hereby certifies that he ____________(has, has not) _______, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY of Grover Beach, DEPARTMENT OF PUBLIC WORKS.
In conformance with Title 23 United States Code Section 112 and Public Contract Code Section 7106 the Bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The Bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining Bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
The Bidder shall list the name and address of each subcontractor required to be listed by the provisions in "Subcontracting and Superintendence," of the Special Provisions, to whom the Bidder proposes to subcontract portions of the Work.
LIST OF SUBCONTRACTORS
BASE BID
In accordance with the provisions of Section 4100 et. seq. of the California Public Contract Code, the Bidder shall, in its bid, list the name, the location of the place of business, the California contractor license number, and the public works contractor registration number issued pursuant to Section 1725.5 of the California Labor Code, of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.
Name and Address License No. and
Classification
CA Dept. of
Industrial
Relations (DIR)
No.
Work to be
Subcontracted Bid
Item / Description
Subcontracted
$ Amount
Do not list alternative subcontractors for the same work.
The Bidder shall complete, under penalty of perjury, the following questionnaire:
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed or otherwise prevented from bidding on, or completing a federal, state or local government project because of a violation of law or a safety regulation? YES NO
If the answer is yes, explain the circumstances in the following space.
NOTE: This questionnaire constitutes a part of the Proposal and signature on the signature portion of this Proposal shall constitute signature of this questionnaire.
BID FORM
Accompanying this proposal is _____________________________, in an amount equal to at least (NOTICE: Insert the words "Cash ($____),”Cashier's Check, or Bidder's Bond," as the case may be). ten percent (10%) of the total of the base bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If the Bidder or other interested person is a corporation, state legal name of corporation, also names of the President, Secretary, Treasurer and Manager, thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing firm; if Bidder or other interested person is an individual, state first and last names in full. _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Licensed in accordance with an act providing for the registration of contractors, said license being in good standing as of the date of this bid. License No: Class: , Expiration Date:
_____. The statement of good standing, license number, class and expiration date stated herein over my signature are made under penalty of perjury.
California Department of Industrial Relations (DIR), Registration No. ______________ NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if Bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the co-partnership; and if Bidder is an individual, his signature shall be placed above. If signature is by an agent other than an officer of a corporation or a Sign
Here
Si t f Bidd
member of a partnership, a Power of Attorney must be on file with the City of Grover Beach prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business Address:
Telephone Number: ( ) Email: @
Place of Business:
Place of Residence:
Dated: ______________________, 20______
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, That we _______________________________ as PRINCIPAL, and ___________________________________________________, as SURETY, are held and firmly bound unto the City of Grover Beach, in the penal sum of TEN PERCENT (10%) of the TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City, aforesaid, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of __________________________ DOLLARS ($___________).
THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the City of Grover Beach, aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the office of the City Clerk, City of Grover Beach, 154 South 8th Street, Grover Beach, CA, 93433, (805) 473-4520, at 2:00 p.m., on Thursday, March 18, 2021 for
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-10 • SEABRIGHT AVENUE, SOUTH 13TH STREET TO SOUTH OAK PARK BOULEVARD • TROUVILLE AVENUE, SOUTH 10TH STREET TO SOUTH OAK PARK BOULEVARD • MANHATTAN AVENUE, SOUTH 13TH STREET TO SOUTH OAK PARK BOULEVARD • SOUTH 11TH STREET, WEST GRAND AVENUE TO LONG BRANCH AVENUE • SOUTH 10TH STREET, ROCKAWAY AVENUE TO RAMONA AVENUE
• MALIBU COURT, JALAMA COURT, RINCON COURT, STINSON COURT NOW, THEREFORE, If the aforesaid Principal is awarded the Contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files two (2) bonds with the City, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, We have hereunto set our hands and seals on this _____ day of ________________, AD., 20 _____.
_________________________________ (SEAL)
__________________________________ (SEAL)
__________________________________ (SEAL)
Principal
__________________________________ (SEAL)
__________________________________ (SEAL)
__________________________________ (SEAL)
Surety
NOTE: Signatures of those executing for the surety must be properly acknowledged.
PROJECT REFERENCES
Agency/Customer Name & ContactIndividual
Telephone Number
Street Address, City, State, ZipCode
Is this similar to the project being bid?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
Agency/Customer Name & ContactIndividual
Telephone Number
Street Address, City, State, ZipCode
Is this similar to the project being bid?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
Agency/Customer Name & ContactIndividual
Telephone Number
Street Address, City, State, ZipCode
Is this similar to the project being bid?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
CONTRACT FORMS
CONTRACT FORMS shall include the following:
GUARANTY to the City of Grover Beach
CONTRACT, including the completed CONTRACT QUANTITIES and Total Contract Amount PERFORMANCE BOND (form provided by Contractor)
PAYMENT BOND (form provided by Contractor)
Insurance Certificate(s) and Endorsement(s) (form provided by Contractor) (This guaranty shall be executed by the Successful Bidder in accordance with the instructions in the Special Provisions. The Bidder may execute the guaranty on this page at the time of submitting his bid).
GUARANTY
To The City of Grover Beach
for
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-10 • SEABRIGHT AVENUE, SOUTH 13TH STREET TO SOUTH OAK PARK BOULEVARD • TROUVILLE AVENUE, SOUTH 10TH STREET TO SOUTH OAK PARK BOULEVARD • MANHATTAN AVENUE, SOUTH 13TH STREET TO SOUTH OAK PARK BOULEVARD • SOUTH 11TH STREET, WEST GRAND AVENUE TO LONG BRANCH AVENUE • SOUTH 10TH STREET, ROCKAWAY AVENUE TO RAMONA AVENUE
• MALIBU COURT, JALAMA COURT, RINCON COURT, STINSON COURT THE UNDERSIGNED guarantees the construction and installation of all work performed under this Contract.
SHOULD any of the material or equipment prove defective or should the Work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the Work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twelve (12) months after the date on which this Contract is accepted by the City of Grover Beach, the undersigned agrees to reimburse the City of Grover Beach, upon demand, for its expenses incurred in restoring said Work to the condition contemplated in said project, including the cost of removing and replacing any other Work necessary to make such replacement or repairs, or, upon demand by the City of Grover Beach, to replace any such material and to repair said Work completely without cost to the City of Grover Beach so that said Work will function successfully as originally contemplated.
THE CITY OF GROVER BEACH shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said Work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with its obligations under this guaranty, the City of Grover Beach shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of said failure or refusal.
Date: ________________________
_______________________________________
CONTRACTOR
The City of Grover Beach
STATE OF CALIFORNIA
- - - - - - - - - - - - - - - - - -
CONTRACT
for
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-10 • SEABRIGHT AVENUE, SOUTH 13TH STREET TO SOUTH OAK PARK BOULEVARD • TROUVILLE AVENUE, SOUTH 10TH STREET TO SOUTH OAK PARK BOULEVARD • MANHATTAN AVENUE, SOUTH 13TH STREET TO SOUTH OAK PARK BOULEVARD • SOUTH 11TH STREET, WEST GRAND AVENUE TO LONG BRANCH AVENUE • SOUTH 10TH STREET, ROCKAWAY AVENUE TO RAMONA AVENUE
• MALIBU COURT, JALAMA COURT, RINCON COURT, STINSON COURT THIS AGREEMENT, made and concluded, in triplicate, this 15th day of April 2021, between the CITY OF GROVER BEACH, party of the first part, and, JJ FISHER CONSTRUCTION, INC., Contractor, party of the second part.
ARTICLE I. -- WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, to construct this project in accordance with the State of California Department of Transportation Standard Specifications dated 2010, except as modified by these Special Provisions, the Construction Drawings, the City of Grover Beach Standard Drawings and the Contract annexed hereto. In the absence of specific standards referenced in the foregoing, water system work and materials shall comply with AWWA Standards. Labor Surcharges and the Equipment Rental Rates and General Prevailing Wage Rates of the STATE OF CALIFORNIA, Business and Transportation Agency, Department of Transportation shall apply to all work except as modified herein. All other provisions of the Notice to Bidders, Special Provisions Proposal and Contract for the Measure K-14 Street Rehabilitation and Repair Project, CIP 2295-10, Seabright Avenue, from South 13th Street to South Oak Park Boulevard, Trouville Avenue, from South 10th Street to South Oak Park Boulevard, Manhattan Avenue, from South 13th Street to South Oak Park Boulevard, South 11th Street, from West Grand Avenue to Long Branch Avenue, South 10th Street, from Rockaway Avenue to Ramona Avenue, Malibu Court, Jalama Court, Rincon Court, and Stinson Court (herein also referred to as “the project”), are hereby specially and incorporated by reference.
ARTICLE II. -- The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices, hereinafter set forth and hereby contracts to pay the same at the time, in the manner and upon the Conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE III. -- The statement of prevailing wages as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 and which is filed at the principal office of the said party of the first part in accordance with the requirements of Section 1773.2 of said Code is hereby specifically referred to and by this reference is made a part of this Contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE IV. -- By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 1725.5 of the Labor Code requiring every contractor and subcontractor, awarded work on this project, be registered with the Department of Industrial Relations and as such is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
ARTICLE V. -- By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
ARTICLE VI. -- And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the said party of the first part and for all risks of every description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of Work and for well and faithfully completing the Work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit:
CONTRACT QUANTITIES
for the
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-10 • SEABRIGHT AVENUE, SOUTH 13TH STREET TO SOUTH OAK PARK BOULEVARD • TROUVILLE AVENUE, SOUTH 10TH STREET TO SOUTH OAK PARK BOULEVARD • MANHATTAN AVENUE, SOUTH 13TH STREET TO SOUTH OAK PARK BOULEVARD • SOUTH 11TH STREET, WEST GRAND AVENUE TO LONG BRANCH AVENUE • SOUTH 10TH STREET, ROCKAWAY AVENUE TO RAMONA AVENUE
• MALIBU COURT, JALAMA COURT, RINCON COURT, STINSON COURT ITEM
NO. ITEM DESCRIPTION UNIT APPROX. QTY UNIT PRICE TOTAL ITEM PRICE 1 Mobilization LS 1 $ 46,743.00 $ 46,743.00
2 Construction Surveying LS 1 $ 68,775.00 $ 68,775.00
3 Survey Monument
Preservation LS 1 $ 12,075.00 $ 12,075.00
4 Water Pollution Control
Program LS 1 $ 20,988.00 $ 20,988.00
5 Traffic Control Systems LS 1 $ 31,363.00 $ 31,363.00
6 Portable Changeable
Message Sign EA 2 $ 1,974.00 $ 3,948.00
7 Public Notifications LS 1 $ 6,400.00 $ 6,400.00
8 Clearing and Grubbing LS 1 $ 13,402.00 $ 13,402.00
9 Repair Landscape and
Irrigation LS 1 $ 2,224.00 $ 2,224.00
10 F Roadway Excavation CY 7,250 $ 28.56 $ 207,060.00
11 Hot Mix Asphalt TON 6,060 $ 109.75 $ 665,085.00
12 Class 2 Aggregate Base CY 4,500 $ 59.20 $ 266,400.00 13 Hot Mix Asphalt (Driveways
and Misc. Areas) SF 3,850 $ 10.00 $ 38,500.00
14 Hot Mix Asphalt Dike (Type A) LF 1,150 $ 9.50 $ 10,925.00 15 Hot Mix Asphalt Dike (Type E) LF 300 $ 9.50 $ 2,850.00 16 Concrete Curb Ramp SF 13,390 $ 15.75 $ 210,892.50
17 Concrete Sidewalk SF 660 $ 7.00 $ 4,620.00
18 Concrete Curb & Gutter LF 185 $ 42.00 $ 7,770.00
19 Concrete Curb & Spandrel SF 190 $ 21.00 $ 3,990.00
20 Concrete Curb LF 420 $ 43.00 $ 18,060.00
21 Concrete Cross Gutter SF 1,150 $ 22.00 $ 25,300.00
ITEM
NO. ITEM DESCRIPTION UNIT APPROX. QTY UNIT PRICE TOTAL ITEM PRICE 22 Concrete Driveway SF 820 $ 16.00 $ 13,120.00
23 Decomposed Granite Path SF 2,870 $ 10.42 $ 29,905.40 24 Replace 1-Inch Water Service EA 11 $ 2,121.34 $ 23,334.74 25 Adjust Sewer Manhole to
Finish Surface EA 9 $ 897.00 $ 8,073.00
26 BLANK n/a n/a $ 0.00 $ -
27 Adjust Sewer Cleanout to
Finish Surface EA 10 $ 600.00 $ 6,000.00
28 Adjust Water Valve Cover to
Finish Surface EA 64 $ 450.00 $ 28,800.00
29 Adjust Utility Boxes to Finish
Surface EA 4 $ 1,200.00 $ 4,800.00
30 Relocate Fire Hydrant EA 1 $ 3,435.00 $ 3,435.00
31 Reset Mailbox EA 2 $ 575.00 $ 1,150.00
32 Reset One-Post Sign EA 5 $ 350.00 $ 1,750.00
33 Replace Traffic Signal
Detector Loops EA 4 $ 1,240.00 $ 4,960.00
34 Thermoplastic Pavement
Striping (Detail 21) LF 300 $ 5.25 $ 1,575.00
35 Thermoplastic Pavement
Markings (Limit lines,
crosswalks, and word
markings)
SF 1,170 $ 5.51 $ 6,446.70
36 Blue Retroreflective Pavement
Markers EA 13 $ 10.50 $ 136.50
37 Paint Curb Red LF 320 $ 0.53 $ 169.60
Notes:
1. (F) denotes Final Pay per Caltrans Standard Section 9-1.02C.
2. Lump Sum items shall provide Schedule of Values per Caltrans Standard Section 9-1.16B unless directed otherwise by the Engineer.
TOTAL CONTRACT AMOUNT:
$1,801,026.44
(In Figures)
One Million Eight Hundred One Thousand Twenty-Six Dollars & Forty-Four Cents (In Words)
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first above written.
The City of Grover Beach
STATE OF CALIFORNIA
______________________________________
_
Jeff Lee, Mayor Date
ATTEST:
________________________________________
Wendi Sims, City Clerk Date
APPROVED AS TO FORM:
________________________________________
David Hale, City Attorney Date
JJ FISHER CONSTRUCTION, INC.:
_______________________________________
Jayson J. Fisher, CEO Date
Licensed in accordance with an act providing for
the registration of
contractors, License No. 939644
California Department of Industrial Relations
(DIR),
Registration No. 1000003980
_______________________________________
Mark Sczbecki, CFO Date
Appendix B: Insurance Forms
5.08 INDEMNIFICATION AND INSURANCE
5.08-A INDEMNIFICATION. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless the City of Grover Beach, and all officers, officials, employees, authorized agents, and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, authorized agents, and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee; however, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the CIVIL CODE.
5.08-B LIABILITY INSURANCE. The provisions of said Section 7-1.05 “Indemnification,” of the Standard Specifications regarding the retention of funds to cover claims or suits for damages shall not apply,however:
Prior to the beginning of and throughout the duration of the Work, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below.
Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so.
Contractor 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 Contractor or its subcontractors in excess of the limits and coverage identified in this Contract and which is applicable to a given loss, claim or demand, will be equally available to City.
Contractor shall provide the following types and amounts of insurance:
Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, authorized agents, employees, and volunteers.
Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent Contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, authorized agents, and employees, shall be included as insureds under the policy.
Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. City and its officers, officials, employees, and authorized agents shall continue as additional insureds under such policies.
Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self- insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s rights of enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s risk manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, authorized agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
Enforcement of Contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, authorized agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. Contractor agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City’s right to revise requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving the Contractor a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by City.
City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved byCity.
Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
Agenda Item No. 6
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: July 24, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Gabriel Munoz-Morris, Senior Engineer
SUBJECT: Professional Services Agreement for the Purchase and Implementation of Sedaru Utility Management Software
RECOMMENDATION
Approve a Professional Services Agreement with Sedaru Utility Management Software in the amount of $95,000 and authorize the Mayor to execute the agreement on behalf of the City.
BACKGROUND
Accurate infrastructure knowledge and assessment along with improved operational workflows are key components of ensuring that the City is able to provide maintenance and infrastructure services today and into the future. The City’s existing state of undocumented, unknown asset information and manual workflows performed on paper and in spreadsheets can potentially cost the City money in inefficient repair workflows. Currently, maintenance staff spend too much time manually managing routine water and wastewater utility tasks like hydrant flushing and valve turning that could be more efficiently coordinated with the use of asset management software.
Additionally, institutional knowledge loss associated with staff transition must be prevented to ensure continued operational success for new and future staff members.
Currently, the water, wastewater, and stormwater utility assets (valves, hydrants, pipes, manholes, clean outs, drain inlets, etc.) are not inventoried in an efficient way and work orders are at risk of not being completed properly. This results in costly equipment downtime and preventable replacement costs. The software proposed will provide staff the benefit of powerful, modern software and position the City for long-term success in utility asset management operations by allowing staff to track real-time asset location and condition; maintenance records for each asset; and track upcoming needed asset updates.
Based on these concerns, in 2021 the City contracted with MKN & Associates (MKN) to prepare and send out a Request for Information (RFI) for the City of Grover Beach Asset Management Software Procurement project. The City received proposals from six firms (iWater, DCSE, PubWorks, Sedaru, NEXGEN and MentorAPM) which MKN reviewed and provided staff with an initial ranking based on required criteria from the RFI. Staff performed a secondary review and elected to schedule vendor demonstrations from four firms (iWater, DCSE, PubWorks, and Sedaru). After all vendor demonstrations were complete, staff selected Sedaru as the vendor that could provide the City the most effective product for the City’s needs.
The subscription and implementation services of Sedaru software would allow the City to effectively manage the inventory and work orders (maintenance) of water, wastewater, and storm water utility assets (valves, hydrants, pipes, manholes, clean outs, drain inlets etc.). Similarly, the software would provide increased asset tracking and maintenance program efficiency upgrades Staff Report: Asset Management Professional Service Agreement Page 2 July 24, 2023
for roadway assets (street signs, striping, stop signs, etc.). Sedaru services include providing an updated GIS inventory of all existing utility and roadway assets. The software will manage all assets and ensure that work orders are effectively assigned and completed. The subscription includes access for 15 users, live telephone and email support, 24-hour access to online knowledge portal, and upgrades to new versions.
Upon entering into a Professional Service Agreement with Sedaru, staff will begin implementation of the software in the summer of 2023 and host training for operations staff who will be using the software routinely. Staff will work with Sedaru to transfer the City’s current asset data into the new system. Staff estimates that implementation will last 6-9 months and new work programs incorporating the new asset management solution will be in place in early 2024.
FISCAL IMPACT
The recommended action will result in the City purchasing the Sedaru Utility Management Software, with an initial implementation cost of $64,400 and first year subscription costs of $30,600 for a total of $95,000. Staff will return to Council to increase the term and compensation of the contract for yearly renewal and recurring subscription and support costs, estimated at $30,600, at the end of the initial contract. The amount for the initial contract has been budgeted in the current budget and future maintenance costs will be included in future budgets. All costs will be split equally between the Wastewater Enterprise Fund, Water Enterprise Fund and General Fund.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Approve a Professional Services Agreement with Sedaru Utility Management Software in the amount of $95,000 and authorize the Mayor to execute the agreement on behalf of the City; or
2. Do not approve Agreement; or
3. Provide staff with alternative direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Professional Services Agreement
AGREEMENT
CITY OF GROVER BEACH, CALIFORNIA
PROFESSIONAL CONSULTANT SERVICES
THIS AGREEMENT is made and entered into the 24th day of July, 2023, (Effective Date) by and between the CITY OF GROVER BEACH, a California municipal corporation (hereinafter referred to as "CITY" or in Exhibit “A” as ‘Subscriber”), and Sedaru, Inc. a California Corporation, (hereinafter referred to as "CONSULTANT" or in Exhibit “A” as Provider”).
RECITALS
WHEREAS, CITY desires to obtain professional services for the, more specifically identified in the Proposal, Scope of Work and Fee Schedule, jointly attached as “Exhibit A” to this Agreement, herein referred to as the PROJECT; and
WHEREAS, CONSULTANT is engaged in the business of developing work and asset management systems for the City’s water distribution, sewer and public work assets and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, this Agreement sets forth the terms and conditions under which CONSULTANT shall provide professional services, to be paid by the City of Grover Beach; and WHEREAS, this Agreement will be administered for CITY by the Director of Public Works, hereinafter referred to as DIRECTOR or his/her designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:
ARTICLE I. SCOPE OF SERVICES
CONSULTANT shall complete said PROJECT described herein and more fully described in Exhibit A, and in accordance with local, State and Federal laws. This shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A.
ARTICLE II. COMPENSATION AND PAYMENT
A. CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be performed on a Total Cost To Implement (TCI) consistent with buy not to exceed basis of $95,000.00 as more fully defined in Exhibit “A”.
B. The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT’S compensation. Any change in the scope of services must be made by written Contract Amendment to the Agreement signed by an authorized representative for each party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written Contract Amendment.
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Attachment 1
ARTICLE III. PROFESSIONAL SKILL
It is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards.
ARTICLE IV. CONFLICT OF INTEREST AND NON-SOLICITATION
A. Prior to CITY’S execution of this Agreement, CONSULTANT shall complete a City of Grover Beach Conflict of Interest Disclosure Statement in the form as set forth in Exhibit B. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement.
B. CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) Professional canons and requirements governing avoidance of impermissible client conflicts; and
(ii) Federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.).
At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing.
C. In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
D. CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
E. Neither CONSULTANT, nor any of CONSULTANT’S subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B
this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing.
F. If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Article in each subcontract and require its subcontractors to comply therewith.
This Article (VI) shall survive termination or expiration of this Agreement.
ARTICLE V. GENERAL TERMS
A. Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or his/her designee.
B. Records of CONSULTANT’S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to CITY until such action is resolved, or until the end of said time period whichever shall later occur. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Article 10(B) shall survive expiration or termination of this Agreement.
C. Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). CONSULTANT and any subcontractors shall agree to obtain any local licensing or certifications necessary to perform services within the City, including but not limited to City Business Tax Certificates. If CONSULTANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.
ARTICLE VI. NONDISCRIMINATION
To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows:
A. CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B
be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
B. CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, gender identification, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, gender identification, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT’S employment practices including, 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. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
C. CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
D. CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT’S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
E. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Article (VI).
ARTICLE VII. INDEPENDENT CONTRACTOR
A. In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venture, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof.
B. This Agreement is not evidence of a partnership or joint venture between CONSULTANT and CITY.
CONSULTANT shall have no authority to bind CITY absent CITY’S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof.
C. Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B
employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation:
(i) Compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and
(ii) Any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement.
ARTICLE VIII. NOTICES
All notices, including notices of address changes, required to be sent hereunder shall be in writing and shall be deemed to have been given when mailed to the addresses listed below:
A. CITY: City of Grover Beach, Greg Ray, Director of Public Works , 154 South Eighth Street, Grover Beach, CA 93433
B. CONSULTANT: Mr. David Stadelmann, Sedaru Inc., 168 E. Arrow Highway, Suite 101, San Dimas, CA 91773.
ARTICLE IX. BINDING
Subject to Article X, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.
ARTICLE X. ASSIGNMENT
A. This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the Grover Beach City Council. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved by the Grover Beach City Council.
B. CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT.
ARTICLE XI. COMPLIANCE THE LAW
In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
ARTICLE XII. WAIVER
The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B
this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
ARTICLE XIII. GOVERNING LAW AND VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be San Luis Obispo County, California.
ARTICLE XIV. HEADINGS
The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.
ARTICLE XV. SEVERABILITY
The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.
ARTICLE XVI. INTERPRETATION
The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
ARTICLE XVII. ATTORNEY’S FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
ARTICLE XVIII. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement
ARTICLE XIX. PRECEDENCE OF DOCUMENTS
In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.
ARTICLE XX. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
ARTICLE XXI. NO THIRD-PARTY BENEFICIARIES
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B
contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
ARTICLE XXII. EXTENT OF AGREEMENT
Each party acknowledges that they have read and fully understand the contents of this Agreement and any documents issued that resulted in selection of CONSULTANT for entry into this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT.
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B
AGREEMENT SIGNATURES
CITY OF GROVER BEACH, CALIFORNIA
PROFESSIONAL CONSULTANT SERVICES
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first written above.
CITY OF GROVER BEACH
Karen Bright, Mayor Date
Attest:
Wendi Sims , City Clerk Date
Approved as to Form:
David P. Hale, City Attorney Date
Sedaru, Inc.,
A California Corporation
David Stadelmann, Sr. Sales Manager Date
Attachments:
1. Exhibit A - Scope of Services and Fee Schedule
2. Exhibit B - Disclosure of Conflict of Interest
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B 7/14/2023
EXHIBIT A
PROFESSIONAL CONSULTANT SERVICES
CONSULTANT SCOPE OF WORK AND FEE SCHEDULE
The attached Scope of Work and Fee Schedule on page 9 reference the Aquatic Informatics Terms and Conditions as being part of this Agreement. That reference is deleted from the this Scope of Work and the Aquatic Informatics Terms and Conditions as agreed to by the Parties is physically incorporated within this Scope of Work and will be referred to as governing this Agreement.
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Confidential - Company Proprietary
Statement of Work
Grover Beach Water Department
Public Works Sedaru Implementation
February 14, 2023 | Prepared by: Jennifer Wood, PE
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Statement of Work – Grover Beach Public Works Sedaru Implementation | 2 Confidential - Company Proprietary
Table of Contents
Introduction 3
Statement of Work 3
Task 1: Kickoff 3
Task 2: Discovery 3
Task 3: Build 4
Task 4: Deploy and Train 4
Task 5: Post Rollout Support 5
Summary 5
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Statement of Work – Grover Beach Public Works Sedaru Implementation | 3 Confidential - Company Proprietary
Introduction
Grover Beach Water Department (GBWD) is currently seeking to use Sedaru as the work and asset management system for its water distribution, sewer, and public works assets.
This statement of work includes the tasks necessary to deploy Sedaru OMNI and Fieldforce in the public works department to manage asset types such as streets.
Statement of Work
Task 1: Kickoff
Sedaru will host a 1-hr, online kickoff meeting to introduce our teams, review project scope and schedule.
Sedaru will provide an overview of the Sedaru OMNI & Fieldforce solution focusing on the core product functionality for public works.
Sedaru will also introduce GBWD to Aquatic Academy, a state-of-the-art learning management system for superior customer education and training. Aquatic Academy provides all potential Sedaru users with tools to be more efficient and productive with Fieldforce and OMNI, to deliver more value to the entire team.
Aquatic Academy also provides the team with exposure to Fieldforce and OMNI early in the project that will encourage overall adoption.
Assumptions & Limitations
• GBWD will designate a project manager for the duration of the project. • All internal GBWD stakeholders are identified prior to the kickoff meeting and are in attendance to ensure a successful start to the project.
• GBWD will provide the appropriate functional and technical resources to support the Sedaru Team as outlined in this scope of work.
• All Services will be performed remotely by our Sedaru Team unless otherwise included in this scope of work and agreed to by all parties in advance of a Notice to Proceed. • Any onsite services will be subject to time and expense reimbursement as additional.
Task 2: Discovery
Sedaru will submit a data request list and work with GBWD’s power user(s) to understand the current road striping and pothole workflows and then GBWD can select workflows from Sedaru’slibrary of pre-defined, basic and/or standard forms or as a starting point for a more custom form. Sedaru will conduct up to (2) 1-hour, online Discovery sessions with GBWD’s power user(s) in the Public Works department to walk through the selected workflows for use in OMNI & Fieldforce.
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Statement of Work – Grover Beach Public Works Sedaru Implementation | 4 Confidential - Company Proprietary
Assumptions & Limitations
• Subject matter experts (SMEs) in the public works department are available and designated as GBWD’s power users.
• GBWD will provide Sedaru with requested data within five (5) business days. Sedaru will use data as provided by GBWD. Creating, editing, and/or cleanup of data is additional. • The outcome of Task 2 will be incorporated in Task 3.
Task 3: Build
Sedaru will build up to two (2) custom basic and/or standard forms selected during Discovery for up to two (2) horizontal asset types.
Each custom basic and/or standard form includes one (1) iteration. Minor form revisions can be handled using post-rollout support hours.
Assumptions & Limitations
• Assumes Sedaru is hosting GBWD’s Esri GIS data
• Assumes GBWD’s GIS data contains Public Works assets, as identified in Task 2. This scope of work does not include GIS feature creation.
• Sedaru will setup the customer's Esri GIS data in OMNI using standard Sedaru map symbology which can be customized with the Customer's symbology, if requested • Definitions
o Basic Form: A basic form is less than 16 inputs without complex functions such as validation, calculations, or logic.
o Standard Form: A standard form is less than 31 inputs without logic and can include input validation and up to three (3) calculations.
Task 4: Deploy and Train
Following implementation of GBWD’s selected workflows, Sedaru will conduct a 2-hr online workshop with GBWD’s power users to review the implemented workflows and guide GBWD’s power users through the setup of essential work order metrics in OMNI focusing on best practices and recommendations. Following the workshop, GBWD will be able to create additional metrics on their own directly in OMNI.
Sedaru will host a 2-hr, remote training session for all users with a primary focus on GBWD’s implemented workflows in OMNI and Fieldforce.
Assumptions & Limitations
• GBWD’s power users/managers are available to attend the OMNI metric session. • Prior to the remote training session, GBWD’s users are required to complete OMNI and Fieldforce training in Aquatic Academy.
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Statement of Work – Grover Beach Public Works Sedaru Implementation | 5 Confidential - Company Proprietary
Task 5: Post Rollout Support
Includes up to 2 hours of post-rollout support hours. Post rollout support hours can be used for Sedaru to make updates or changes to OMNI or Fieldforce workflows in the first 14 days following rollout.
Assumptions & Limitations
• Any updates after the first 14 days following rollout will require a separate scope of work. • Updating the GBWD’s GIS data is not included in this scope of work. Regular GIS updates will require a separate scope of work.
Summary
Item
Task 1: Kickoff
Task 2: Discovery
Task 3: Build
Task 4: Deploy and Train
Task 5: Post Rollout Support
Project Management
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Sedaru Inc. Page 1 of 10
Confidential - Company Proprietary
Quote 00014759
Details: Created On: 10 Apr 2023
Expires On: 31 Aug 2023
Prepared For:
Grover Beach Water Department
P.O. Box 365
Grover Beach, California 93483
United States
Submitted By: Aaron Wilberding
[email protected]
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Sedaru Inc. Page 2 of 10
Confidential - Company Proprietary
Quote Summary
Product Sales Price Term Qty Total Price
Sedaru Platform: OMNI & Fieldforce
Annual subscription to Sedaru Platform for Operations Management and Network Intelligence (OMNI) System for Work Order and Asset Management, and access to Fieldforce for Work Order and Field Data Collection on a Mobile Device. Sedaru Platform User subscriptions and other modules sold separately.
$0.00 12 mos 1.0 $0.00
Sedaru Platform User
Annual subscription for Sedaru Platform Users providing access to Operations Management and Network Intelligence (OMNI), Fieldforce for work and asset management and field data collection on a mobile device (iOS & Windows only), and other Sedaru modules that you subscribe to (e.g., 811, Wachs, Outage and Modeling).
$2,160.00 12 mos 9.0 $19,440.00
Sedaru Platform User - View Only
Annual subscription for "View Only" Sedaru Platform Users providing view only access to Operations Management and Network Intelligence (OMNI), Fieldforce for work and asset management and field data collection on a mobile device (iOS & Windows only), and other Sedaru modules that you subscribe to (e.g., 811, Wachs, Outage and Modeling). $900.00 12 mos 6.0 $5,400.00
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Sedaru Inc. Page 3 of 10
Confidential - Company Proprietary
Sedaru Platform Implementation: Sedaru Hosted GIS (Basic GIS Setup)
This service provides you with basic GIS setup for Sedaru to host and serve your GIS data. Sedaru will host the Customer's Esri GIS data and serve through Sedaru OMNI using standard Sedaru map symbology.
Assumptions & Limitations
- Customer will provide the appropriate functional and technical resources to support the Sedaru Team as outlined in this scope of work. - Customer will provide Sedaru with data as requested within 5 business days. Sedaru will use data as provided by Customer. Creating, editing, and/or cleanup of data is additional.
- All Services will be performed remotely by our Sedaru Team unless otherwise agreed to by all parties in advance of NTP. Any onsite services will be subject to time and expense reimbursement as additional. On-site training is not included in this scope of work. - Updating Customer GIS data is not included in this scope of work. If the Customer desires GIS updates, additional Standard Professional Services are available to be quoted. Below are additional services not included with this service:
a. Migration of historical data from other systems/tools. b. Integrations with other systems/tools.
c. Asset data collected in Fieldforce forms will not write back to GIS feature class attribute tables.
d. Customized, asset history-driven map symbology.
e. Customized reporting.
$3,700.00 1.0 $3,700.00
Sedaru Connect - 811
Annual subscription to Sedaru Connect for 811 and Underground Utility Locates
$1,440.00 12 mos 4.0 $5,760.00
Sedaru Connect Implementation: 811
Sedaru Connect for 811 implementation services for up to two (2) 811 Member Codes. Sedaru will implement 811 workflow with standard 811 forms with no iterations, for up to 2 member code(s), including positive response. Include auto-assign by location or person/group, implemented at the customer's discretion. Sedaru will setup up to 5 standard OMNI 811 KPIs. Sedaru will host one (1) 60-minute online training session which will be recorded for on-going use by your team, specific to 811 workflow.
Updating customer GIS data is not included with this service. Additional standard Professional Services are available for GIS updates. $12,400.00 1.0 $12,400.00
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Sedaru Inc. Page 4 of 10
Confidential - Company Proprietary
Sedaru Workflow Implementation: Sewer Maintenance
This service includes the setup of sewer main, manhole, and lateral asset types in the Sedaru platform. Up to 5 pre-defined, standard forms will be built to manage main and manhole assets including: line cleaning, main inspection, main repair, manhole inspection, and manhole maintenance. Each pre-defined form comes as-is with no iterations.
Includes up to 2 hours of post-rollout support hours to use for minor form revisions.
A 2-hr online session with the customer's power users will be provided to review implemented workflows and guide the users through the setup of essential work order KPIs per asset type in Sedaru OMNI focusing on best practices and recommendations.
A 1-hr, online session will be posted to walk through implemented workflows with the customer's users in the Sedaru Platform. Prior to this session, the customer's users must complete Sedaru Platform: OMNI and Fieldforce training in Aquatic Academy.
Definitions & Assumptions
1. Definitions
a. Predefined forms: These forms come as-is and will not be iterated on by our Sedaru Services team. These forms can be edited by the Customer using Sedaru Studio Form Designer without the aid of the Sedaru Services team.
b. Basic Form: A basic form is less than 16 inputs without complex functions such as validation, calculations, and if-then logic.
2. Customer will provide the appropriate functional and technical resources to support the Sedaru Team as outlined in this scope of work.
3. Customer will provide Sedaru with data as requested within 5 business days. Sedaru will use data as provided by Customer. Creating, editing, and/or cleanup of data is additional.
4. All Services will be performed remotely by our Sedaru Team unless otherwise agreed to by all parties in advance of NTP. Any onsite services will be subject to time and expense reimbursement as additional. On-site training is not included in this scope of work.
5. Post-rollout support hours must be used within 14 days post rollout.
After 14 days, this service will be considered delivered.
6. Updating customer GIS data is not included with this service.
Additional standard Professional Services are available for GIS updates.
7. Below are additional Services not included in this scope of work. a. Migration of historical data from other systems/tools. b. Integrations with other systems/tools.
c. Asset data collected in Fieldforce forms will not write back to GIS feature class attribute tables.
d. Labor, equipment, and materials work order functionality. e. Customized, asset history-driven map symbology.
f. Customized reporting.
$6,475.00 1.0 $6,475.00
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Sedaru Inc. Page 5 of 10
Confidential - Company Proprietary
Sedaru Workflow Implementation: Water Mains & Laterals
This service includes the setup of main, lateral, and meter asset types in the Sedaru platform. Up to 8 pre-defined, standard forms will be built to manage main and lateral assets including: main break, main repair, main line flushing, leak detection, service line inventory, service line replacement, lateral leak, and lateral repair. Each pre-defined form comes as-is with no iterations. Includes up to 2 hours of post-rollout support hours to use for minor form revisions.
A 2-hr online session with the customer's power users will be provided to review implemented workflows and guide the users through the setup of essential work order KPIs per asset type in Sedaru OMNI focusing on best practices and recommendations.
A 1-hr, online session will be posted to walk through implemented workflows with the customer's users in the Sedaru Platform. Prior to this session, the customer's users must complete Sedaru Platform: OMNI and Fieldforce training in Aquatic Academy.
Definitions & Assumptions
1.Definitions
a. Predefined forms: These forms come as-is and will not be iterated on by our Sedaru Services team. These forms can be edited by the Customer using Sedaru Studio Form Designer without the aid of the Sedaru Services team.
b. Basic Form: A basic form is less than 16 inputs without complex functions such as validation, calculations, and if-then logic.
2. Customer will provide the appropriate functional and technical resources to support the Sedaru Team as outlined in this scope of work.
3. Customer will provide Sedaru with data as requested within 5 business days. Sedaru will use data as provided by Customer. Creating, editing, and/or cleanup of data is additional.
4. All Services will be performed remotely by our Sedaru Team unless otherwise agreed to by all parties in advance of NTP. Any onsite services will be subject to time and expense reimbursement as additional. On-site training is not included in this scope of work.
5. Post-rollout support hours must be used within 14 days post rollout.
After 14 days, this service will be considered delivered.
6. Updating customer GIS data is not included with this service.
Additional standard Professional Services are available for GIS updates.
7. Below are additional Services not included in this scope of work. a. Migration of historical data from other systems/tools. b. Integrations with other systems/tools.
c. Asset data collected in Fieldforce forms will not write back to GIS feature class attribute tables.
d. Labor, equipment, and materials work order functionality. e. Customized, asset history-driven map symbology.
f. Customized reporting.
$9,250.00 1.0 $9,250.00
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Sedaru Inc. Page 6 of 10
Confidential - Company Proprietary
Sedaru Workflow Implementation: Water Valve & Hydrant
This services includes the setup of hydrant, valve, pipe, and lateral asset types in the Sedaru platform. Up to 9 pre-defined, standard forms built to manage hydrant and valve assets including: valve exercise, valve inspection, valve repair, valve replacement, hydrant flushing, hydrant flow test, hydrant inspection, hydrant repair, and hydrant replacement.
Each pre-defined form comes as-is with no iterations. Includes up to 2 hours of post-rollout support hours to use for minor form revisions.
A 2-hr online session with the customer's power users will be provided to review implemented workflows and guide the users through the setup of essential work order KPIs per asset type in Sedaru OMNI focusing on best practices and recommendations.
A 1-hr, online session will be hosted to walk through implemented workflows with the customer's users in the Sedaru Platform. Prior to this session, the customer's users must complete Sedaru Platform: OMNI and Fieldforce training in Aquatic Academy.
Definitions & Assumptions
1.Definitions
a. Predefined forms: These forms come as-is and will not be iterated on by our Sedaru Services team. These forms can be edited by the Customer using Sedaru Studio Form Designer without the aid of the Sedaru Services team.
b. Basic Form: A basic form is less than 16 inputs without complex functions such as validation, calculations, and if-then logic.
2. Customer will provide the appropriate functional and technical resources to support the Sedaru Team as outlined in this scope of work.
3. Customer will provide Sedaru with data as requested within 5 business days. Sedaru will use data as provided by Customer. Creating, editing, and/or cleanup of data is additional.
4. All Services will be performed remotely by our Sedaru Team unless otherwise agreed to by all parties in advance of NTP. Any onsite services will be subject to time and expense reimbursement as additional. On-site training is not included in this scope of work.
5. Post-rollout support hours must be used within 14 days post rollout.
After 14 days, this service will be considered delivered.
6. Updating customer GIS data is not included with this service.
Additional standard Professional Services are available for GIS updates.
7. Not included in this scope of work:
a. Migration of historical data from other systems/tools. b. Integrations with other systems/tools.
c. Asset data collected in Fieldforce forms will not write back to GIS feature class attribute tables.
d. Labor, equipment, and materials work order functionality. e. Customized, asset history-driven map symbology.
f. Customized reporting.
$10,175.00 1.0 $10,175.00
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Sedaru Inc. Page 7 of 10
Confidential - Company Proprietary
SDUPROFSVC
Sedaru Professional Services
Custom Professional Services. Please refer to attached Scope of Work for details.
$15,000.00 1.0 $15,000.00
Sedaru Hosted GIS Update
This service provides you with an update to your Sedaru-hosted Esri GIS to support ongoing use of the Sedaru Platform.
Following the delivery of customer supplied updated Esri GIS geodatabase, we will review the current Sedaru configuration and GIS schema against the delivered GIS and update the feature layers and attributes except where Sedaru has been configured to write back to the hosted copy of GIS. A summary of the GIS update will be provided at the end of the task.
Assumptions & Limitations
• GIS data is delivered to Sedaru in an Esri geodatabase or map package file. Shapefiles, personal geodatabases, as-builts, spreadsheets, or other file formats will not be accepted. • Asset facility IDs have not changed and are 100% populated and unique
• Attribute names and datatypes have not changed. New fields may be included but addressing new fields in the configuration is not included in this scope of work.
• There are no asset attachments in the delivered database • New features will be accompanied with symbology or Sedaru standard symbology will be used. Configuring new asset types in Sedaru is not included in this scope of work.
• Any custom fields added by Sedaru to the Sedaru-hosted GIS will be appended to the new data (fields configured to support certain workflow requirements).
• Existing map symbology setup during your initial implementation will be maintained during the update--additional customized, asset historydriven map symbology is not included in this scope of work. • Correcting discrepancies in schema, datatypes, duplicate IDs, or other issues/errors found during the data review not included in this scope of work.
$1,850.00 4.0 $7,400.00
AA-SEDARU
Aquatic Academy User Subscription - Sedaru
Annual user subscription to the Aquatic Academy, a state-of-the-art learning management system for superior customer education and training. Provides access to online courses for Sedaru software and is available 24x7x365. Users will learn at their own pace on their own schedule and complete quizzes and earn a final certification to ensure comprehension. All courses are available to take as many times as desired. The Aquatic Academy is an ideal solution for new users, refresher training for power users and everything in between. $0.00 12 mos 15.0 $0.00
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Sedaru Inc. Page 8 of 10
Confidential - Company Proprietary
Summary of Products & Services
Software Licenses (One-Time License Fees): $0.00 USD
Professional Services (One-Time Service Fees): $64,400.00 USD Recurring Annual Fees (SaaS & SMA): $30,600.00 USD
GRAND TOTAL: $95,000.00 USD
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Sedaru Inc. Page 9 of 10
Confidential - Company Proprietary
Order Details
To proceed with a purchase, please sign this quote (preferably via Docusign) and provide us with a Purchase Order (PO) so we can process your order and provide you with payment instructions. Please email your Purchase Order to [email protected] and please reference quote 00014759.
Aaron Wilberding
[email protected]
Sedaru Inc.
168 E Arrow Highway, Suite 101
San Dimas, CA 91773
FEIN: 14-1909685
Terms and Conditions
By signing this quote, you are agreeing to the Aquatic Informatics' Terms and Conditions (located at https://aquaticinformatics.com/terms-conditions/) and online Service Offering and Service Level Agreement (see links below). This agreement is made between the customer named above ("Subscriber") and Sedaru Inc., having an address at 168 E Arrow Highway, Suite 101, San Dimas, CA 91773 ("Provider"), and sets forth the terms and conditions on which Aquatic Informatics will supply Products and Services to the customer.
All Aquatic Informatics Software, Except WIMS:
• SaaS: Services Offering and Service Level Agreement
https://aquaticinformatics.com/saas-service-offering/
• On-Premise: Software License Agreement
https://aquaticinformatics.com/on-premise-software/
WIMS Software Only:
• SaaS: WIMS Online Services Offering and Service Level Agreement https://aquaticinformatics.com/wims-online-saas/
• On-Premise: WIMS On-Premise Software License Agreement https://aquaticinformatics.com/wims-on-premise/
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Sedaru Inc. Page 10 of 10
Confidential - Company Proprietary
Electronic Acceptance
Expiration Date: Must be signed by 31 Aug 2023
Subscriber: Grover Beach Water Department
Subscriber Signature: Per:
Name:
Title:
Date:
Subscriber Details: Phone:
Email:
Company: Grover Beach Water Department
P.O. Box 365
Grover Beach, California 93483
United States
Provider: Aquatic Informatics
Provider Signature: Per:
Name:
Title:
Date:
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B July 5, 2023
PLEASE READ THESE TERMS AND CONDITIONS OF USE, AS AGREED TO BY THE PARTIES CAREFULLY. BY USING ANY OF
THE SERVICES OR SOFTWARE PROVIDED BY AQUATIC INFORMATICS OR ITS SUBSIDIARIES OR AFFILIATES, YOU
CONFIRM YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AS AGREED TO BY THE PARTIES AND INCORPORATED WITHIN THE SCOPE OF WORK OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A
COMPANY OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE SERVICES OR SOFTWARE.
Terms and Conditions of Sale
This document sets forth the Terms & Conditions of Sale for software, goods manufactured and/or supplied, and services provided, by Aquatic Informatics (“Provider”) or any of its affiliates or subsidiaries identified as the selling entity listed on the accompanying software, service or other agreement accompanying these Terms and Conditions and sold to the original purchaser thereof (“Subscriber”). Unless otherwise specifically stated in a previously executed written purchase agreement signed by authorized representatives of Provider and Subscriber, these Terms & Conditions of Sale establish the entirety of the rights, obligations and remedies of Provider and Subscriber which apply to this offer and any resulting order or contract for the sale of Provider’s software, goods and or services (“Service Offering/Work”).
APPLICABLE TERMS & CONDITIONS
These Terms & Conditions of Sale are contained directly and/or by reference in Provider's offer, order acknowledgment, Service Offering and Service Level Agreement and any related invoice documents (collectively “Service Offering Agreement”). The first of the following acts constitutes an acceptance of Provider’s offer and not a counteroffer and creates a contract of sale in accordance with these Terms & Conditions: (i) Subscriber’s issuance of professional services agreement against Provider’s offer; (ii) acknowledgement of Subscriber’s order by Provider; or (iii) commencement of any performance by Provider pursuant to Subscriber’s order. Provisions contained in Subscriber’s purchase documents (including electronic commerce interfaces) that are in conflict with, materially alter, add to and/or subtract from the provisions of these Terms & Conditions of Sale, other than as stated in this professional services agreement, are not a part of the Service Offering Agreement.
1. Fees and Payment. Fees charged for the Services Offering/Work are set out in your quotation. All such fees are payable on a net 30 days basis without setoff or counterclaim, and without any deduction or withholding. Provider will notify you if there are any fees charged for new options applicable to the Service Offering/Work or if there are fee increases. Overdue invoices will accrue interest at the rate of 1.5% of the outstanding balance per month
2. Consequences of Breach. Provider may terminate your Service Offering/Work access if you breach, any part of the Services Offering Agreement in a way that: (i) poses a security risk to Provider or any third party, (ii) may adversely impact the Service Offering/Work, Provider or a third party’s operations, (iii) may subject Provider or any third party to liability, or (iv) may be fraudulent; or (v) breaches applicable law or regulation.
Provider will give Subscriber written notice of such breach. If such breach is not corrected in thirty (30) days from receipt of such notice , the Provider may terminate the Service Offering/Work.
2.1. Instead of termination Provider may choose to suspend your right to access or use any portion or all the Service Offering/Work. In such event;
a) you remain responsible for all fees and charges you have incurred through the date of suspension; b) you remain responsible for any applicable Service Offering/Work fees for any modules to which you continue to have access (including hosting, data storage fees or fees for in-process tasks completed after the date of suspension; and c) you will not be entitled to any service credits for any period of suspension.
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Provider’s right to suspend Subscriber’s access or use the Service Offering/Work is in addition to Provider’s termination rights set out below.
3. Term and Termination. The Service Offering Agreement becomes effective when the quotation is signed by both Subscriber and Provider. The term of thee Service Offering Agreement shall commence when Provider sends Subscriber login credentials for the Services Offering/Work quoted and is for the length of time stated on the quotation (“Subscription Term”). If not stated in the quote the Subscription Term will be for a yearly term and will automatically renew for successive yearly periods unless a party notifies the other in writing not less than thirty (30) days prior to expiration of intent to not renew.
3.1 Additionally, the Services Offering Agreement shall terminate in each of the following events:
a) Either party may terminate the Service Offering Agreement if the other becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or if a receiver or trustee in bankruptcy is appointed for the other, or if any proceeding in bankruptcy, receivership, or liquidation is instituted against the other and is not dismissed within 30 days following commencement thereof.
b) Either party may terminate the Services Offering Agreement for cause upon thirty (30) days advance notice to the other if there is any material default or breach by the other, unless the defaulting party has cured the material default or breach within the thirty (30) day notice period.
c) Termination as set forth in Section 3.
If the Services Offering Agreement subscription is terminated for cause by Subscriber, then Provider shall refund Subscriber any prepaid fees covering the remainder of the Subscription Term after the effective date of termination.
Upon termination for cause by Provider, Subscriber shall pay any unpaid fees covering the remainder of the Subscription Term after the effective date of termination. In no event shall any termination relieve Subscriber of the obligation to pay any fees payable to Provider for the period prior to the effective date of termination.
3.2. Any post-termination assistance additional to that described below is subject to mutual written agreement. a) Generally. Upon any termination of the Services Offering Agreement:
(i) all your rights under immediately terminate;
(ii) you remain responsible for all fees you have incurred through the date of termination, including fees for inprocess tasks completed after the date of termination; (iii) you will immediately return or, if instructed by us, destroy all Confidential Information provided to you by the Provider.
b) Post-Termination Assistance. Following termination:
(i) unless notified otherwise by you, for a period of thirty (90) days following termination we will not erase any of your Content (which is defined to include all information provided by Subscriber through configuration of the Service Offering/Work or any data submitted by the Subscriber, or by any party authorized by the Subscriber to submit data to support or enable the Service Offering/Work) as a result of the termination in order to allow you retrieve your Content; (ii) you may retrieve your Content from the Service Offering/Work only if you have paid all fees due and owed to Provider;
(iii) if more than thirty (90) days post-termination are required for you to retrieve all your Content at no fault of Provider, you will be charged for a month-to-month subscription service for each additional thirty (30) day period you require to retrieve your Content;
(iv) upon retrieval of your Content, you may instruct Provider to destroy all copies of your Content stored on the Service Offering/Work and request Provider to provide certification in writing that all your Content has been destroyed within fifteen (15) days of Provider receiving Subscriber instructions; and (v) Upon termination of this Agreement, at no additional cost to you, Provider shall deliver to you one copy of all Customer Data on one or more Hard Drives or other media agreed to by you. Provider will make available to you for download a file of the relevant Customer Data in an industry standard format (e.g., SQL Backup, CSV, XML, JSON) at time DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B of decommissioning along with attachments in their native format (e.g., PDF, JPEG, etc.). Provider will provide you a copy of all stored data in an unencrypted format or provide you the ability to decipher any data that was obfuscated (encryption, Salts, Hashes or other obfuscation techniques used to secure data). Provider shall retain a copy of your Data for a reasonable period of time (no longer than 90 days) in order to give you an opportunity to verify that all of your Data has been delivered. After such 90 day period, Provider will have no obligation to maintain or provide any such Data and may thereafter, unless legally prohibited, delete your Data
4. Proprietary Rights and Confidentiality.
4.1 Ownership.
a) “Proprietary Information” means any information, technical data or know-how in whatever form, including, but not limited to, documented information, machine readable or interpreted information, information contained in physical components, mask works and artwork, which Provider considers proprietary. All Proprietary Information and intellectual property rights, title and interest, including copyright and trade secret rights in and to anything associated with the Service Offering/Work and the Content remains that of Provider. As between Provider and Subscriber, Subscriber exclusively owns all rights, title and interest in and to all of Subscriber’s Content. No right or license is granted hereby to Subscriber or its customers, employees or agents, expressly or by implication, with respect to the Proprietary Information or any patent, patent application or other proprietary right of Provider, except for the limited use licenses implied by law. b) Subscriber shall not (i) permit any third party to access the Service Offering/Work except as expressly permitted, (ii) create derivative works based on the Service Offerings, (iii) copy, frame or mirror any part or content of the Services, (iv) reverse engineer the Service Offering/Work, or (v) access the Service Offering/Work in order to build a competitive product or service, or copy any features, functions or graphics of the Service Offering/Work. d) Using the Service Offering it is possible to collect aggregated anonymized data in which all personal identifiers have been removed, such that the information could not reasonably be used to identify an individual, which is collected and stored without association with Personally Identifiable Information (PII) and does not identify Subscriber or any of Subscriber's personnel in any way ("Aggregated Data"). Provider may collect, use and disclose such Aggregated Data for any purposes including for research, analysis, reporting and to further develop the Service Offerings and ancillary services.
Provider has exclusive ownership, use, and distribution rights to such Aggregated Data for any purpose, including, but not limited to, advertising, marketing, and promotion of opportunities to other clients and prospective clients of its Service Offering/Work.
4.2 "Confidential Information" means information concerning any information relating to the business and technology of either party which is not generally available to third parties and which is treated by the parties, in accordance with their policies, as confidential information or a trade secret and specifically includes the Services, either parties Content, business processes, information about either parties customers or users in any manner, shape or form or other like information. For the purposes of this Service Offering, a party disclosing Confidential Information is a Discloser and the party receiving Confidential Information is a Recipient. Confidential Information does not include information which is:
at the time of disclosure, or thereafter becomes part of the public domain without any violation by the Recipient; already in the Recipient’s possession before disclosure of such information to the Recipient by the Discloser; following the date of the signed quotation is furnished to the Recipient by a third party without that third party being in breach directly or indirectly of an obligation to the Discloser to keep such information secret confidential and secret; and developed independently by the Recipient without use of Discloser’s Confidential Information as evidenced by reasonably detailed written records.
4.3 Confidentiality. The following terms apply to Confidential Information and the ownership thereof. All Confidential Information is owned by the respective parties. Neither party will, at any time, whether before or after the termination, disclose, furnish, or make accessible to anyone any Confidential Information or permit the occurrence of any of the foregoing. Each party will hold the other's Confidential Information in confidence and will protect each other's Confidential DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B Information with the same degree of care with which it treats its own Confidential Information, but in no case with any less degree than reasonable care. For certainty, Recipient and its customers, employees and agents will keep confidential all such Proprietary Information obtained directly or indirectly from Provider and will not transfer or disclose it without Providers prior written consent, or use it for the manufacture, procurement, servicing or calibration of Work or any similar products, or cause such products to be manufactured, serviced or calibrated by or procured from any other source, or reproduce or otherwise appropriate it without Provider’s prior written consent. Confidential Information may be disclosed to a party only to employees or consultants having a need-to-know provided such parties are bound by confidentiality obligations. If Confidential Information is disclosed inadvertently the disclosing party will immediately notify the other party and will assist the other party in remedying the confidentiality breach. If Confidential Information is required to be disclosed pursuant to a valid subpoena, governmental order, judicial order, California Public Records Act Request or other operation of law the disclosing party will immediately notify the other party and will give the other party ten (10) days to seek a protective order or other similar appropriate remedy in order to limit the Confidential Information disclosure to the extent possible or practicable.
5. Miscellaneous. The parties acknowledge that each is an independent contractor and nothing in this Service Offering Agreement constitutes a joint venture or partnership and neither party has the right to bind nor act for the other as agent or in any other capacity.
5.1 Sections 5 and 6 and any other sections that may be reasonably construed as intended to survive shall survive termination of the Service Offering Agreement.
5.2 Upon consent by Provider, this Service Offering Agreement may be used for cooperative procurement by any public or municipal body, entity, agency or institution, If so authorized, and in order to forego a related entity RFP or similar competitive bidding process, the Service Offering Agreement may be extended to such other entities for the procurement of similar products and/or services provided to Subscriber and at fees in accordance with the Service Offering Agreement unless separately negotiated between such other entities and Provider. Further related entities participating in a cooperative procurement process shall place their own orders directly with Provider. Provider and such other entities will fully and independently administer their own separate contracting processes but all in accordance with substantially similar contracting processes as set out in this Service Offering Agreement.
6. Prices. All prices, unless stated otherwise, are in U.S. dollars and are based on delivery as stated above unless otherwise quoted by Provider. Prices do not include any charges for services such as insurance; brokerage fees; sales, use, inventory or excise taxes; import or export duties; special financing fees; VAT, income or royalty taxes imposed outside the U.S.; consular fees; special permits or licenses; or other charges imposed upon the production, sale, distribution, or delivery of the Work. Subscriber will either pay all such charges or provide Provider with acceptable exemption certificates, which obligation survives performance under this Service Offering Agreement.
7. Limited Warranty. Provider warrants that the Service Offering/Work sold hereunder will be free from defects in material and workmanship and will, when used in accordance with the manufacturer’s operating and maintenance instructions, conform to any express written warranty pertaining to the specific Service Offering/Work purchased.
Provider warrants that Work furnished hereunder will be free from defects in workmanship for a period of ninety (90) days from the completion of the Work. Parts provided by Provider in the performance of services may be new or refurbished parts functioning equivalent to new parts. Any non-functioning parts that are repaired by Provider shall become the property of Provider. All other guarantees, warranties, conditions and representations, either express or implied, whether arising under any statute, law, commercial usage or otherwise, including implied warranties of merchantability and fitness for a particular purpose, are hereby excluded. The sole remedy for Service Offering/Work not meeting this Limited Warranty is at Provider’s option: repair, replacement, or credit or refund of the purchase price. This remedy will not be deemed to have failed of its essential purpose so long as Provider is willing to provide such replacement, credit or refund.
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B
8. Indemnification. All indemnification obligations imposed upon Provider are limited to the extent of those damages proportionately caused by Provider’s breach of the Service Offering Agreement, negligence, wrongful conduct, or violations of law. In no case is Provider liable for any damages caused by negligence, misuse or misapplication of Service Offering/Work by others. Subscriber without qualification shall defend, indemnify and hold harmless Provider against all damages to the extent cause by misuse or misapplication of Service Offering/Work, breach of this Service Offering Agreement, negligence, wrongful conduct, or violations of law by Subscriber or its affiliates or those employed by, controlled by or in privity with them..
9. Patent Protection. Subject to the limitations of liability provided below in Section 14, Provider will, with respect to any Service Offering/Work of Provider’s design or manufacture, indemnify and defend Subscriber from any and all damages and costs as finally determined by a court of competent jurisdiction in any suit for infringement of any Canadian or U.S. patent (or European patent for Service Offering/Work that Provider sells to Subscriber for end use in a member state of the E.U.) that has issued as of the delivery date, solely by reason of the sale or normal use of any Service Offering/Work sold to Subscriber hereunder and from reasonable expenses incurred by Subscriber in defense of such suit if Provider does not undertake the defense thereof, provided that Subscriber promptly notifies Provider of such suit and offers Provider either (i) full and exclusive control of the defense of such suit when Service Offering/Work of Provider only are involved, or (ii) the right to participate in the defense of such suit when products other than those of Provider are also involved. Provider’s indemnification obligations hereunder shall not apply for patent infringement related to (a) any Service Offering/Work or goods manufactured to the Subscriber’s design, (b) software or services provided in accordance with the Subscriber’s instructions, or (c) Provider’s Service Offering/Work when used in combination with any other devices, parts or software not provided by Provider hereunder. Provider’s warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Service Offering/Work according to their applications as envisioned by Provider’s specifications. In case the Service Offering/Work are in such suit held to constitute infringement and the use of the Work is enjoined, Provider will, at its own expense and at its option, either procure for Subscriber the right to continue using such Service Offering/Work or replace them with non-infringing software, services, and/or products, or modify them so they become non-infringing, or remove the Service Offering/Work and refund the purchase price (prorated for depreciation) and the transportation costs thereof. .
10. Software and Data. All licenses to Provider’s separately provided software products are subject to the separate software license agreement(s) accompanying the software media. Except to the extent such express licenses conflict with the remainder of this paragraph, the following also applies relative to Provider’s software: Provider grants Subscriber only a personal, non-exclusive license to access and use the software provided by Provider with the Service Offering/Work purchased hereunder solely as necessary for Subscriber to enjoy the benefit of the Service Offering/Work. A portion of the software may contain or consist of open-source software, which Subscriber may use under the terms and conditions of the specific license under which the open-source software is distributed. Subscriber agrees that it will be bound by all such license agreements. Title to software remains with the applicable licensor(s). In connection with Subscriber’s use of the Service Offering/Work, Provider may obtain, receive, or collect data or information, including data produced by the Service Offering/Work. In such cases, Subscriber grants Provider a non-exclusive, worldwide, royalty-free, perpetual, nonrevocable license to use, compile, distribute, display, store, process, reproduce, or create derivative works of such data, or to aggregate such data for use in an anonymous manner, solely to facilitate marketing, sales and R&D activities of Provider and its affiliates.
11. Export and Import Licenses and Compliance with Laws and Related Company Policies.
Unless otherwise specified in this Service Offering Agreement, Subscriber is responsible for obtaining any required export or import licenses. Provider represents that all Service Offerings/Work delivered hereunder will be produced and supplied in compliance with all applicable laws and regulations. Subscriber will comply with all laws and regulations applicable to the installation or use of all such Service Offerings/Work, including applicable import and export control laws and regulations of the U.S., E.U., and any other country having proper jurisdiction, and will obtain all necessary export licenses in connection with any subsequent export, re-export, transfer and use of all Work and technology delivered hereunder.
Subscriber will not sell, transfer, export or re-export any Provider Service Offering/Work or technology for use in activities which involve the design, development, production, use or stockpiling of nuclear, chemical or biological weapons or missiles, nor use Provider Service Offerings/Work or technology in any facility which engages in activities relating to such DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B weapons. Subscriber will comply with all local, national, and other laws of all jurisdictions globally relating to anticorruption, bribery, extortion, kickbacks, or similar matters which are applicable to Subscriber’s business activities in connection with this Service Offering Agreement, including but not limited to the U.S. Foreign Corrupt Practices Act of 1977, as amended (the “FCPA”). Subscriber agrees that no payment of money or provision of anything of value will be offered, promised, paid or transferred, directly or indirectly, by any person or entity, to any government official, government employee, or employee of any company owned in part by a government, political party, political party official, or candidate for any government office or political party office to induce such organizations or persons to use their authority or influence to obtain or retain an improper business advantage for Subscriber or for Provider, or which otherwise constitute or have the purpose or effect of public or commercial bribery, acceptance of or acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining business or any improper advantage, with respect to any of Subscriber’s activities related to this Service Offering Agreement. Provider asks Subscriber to “Speak Up!” if aware of any violation of law, regulation or our Code of Conduct (“Code of Conduct”) in relation to this Service Offering.
See http://danaher.com/integrity-and-compliance and www.danaherintegrity.com for a copy of the Code and for access to our Helpline portal.
12. Force Majeure. Provider is excused from performance of its obligations under this Service Offering Agreement to the extent caused by acts or omissions that are beyond its control, including but not limited to Government embargoes, blockages, seizures or freeze of assets, delays or refusals to grant an export or import license or the suspension or revocation thereof, or any other acts of any Government; fires, floods, severe weather conditions, or any other acts of God; quarantines; labor strikes or lockouts; riots; strife; insurrections; civil disobedience or acts of criminals or terrorists; war; material shortages or delays in deliveries to Provider by third parties. In the event of the existence of any force majeure circumstances, the period of time for delivery, payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay. If the force majeure circumstances extend for six months, Provider may, at its option, terminate any part of or all of this Service Offering Agreement without penalty and without being deemed in default or in breach thereof.
13. Non-Assignment and Waiver. Subscriber will not transfer or assign this Service Offering Agreement or any rights or interests hereunder without Provider’s prior written consent. Failure of either party to insist upon strict performance of any provision of this Service Offering Agreement, or to exercise any right or privilege contained herein, or the waiver of any breach of the terms or conditions of this Service Offering Agreement will not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same will continue and remain in force and effect as if no waiver had occurred.
14. Limitation of Liability. Provider, its affiliates, subsidiaries, and each of their respective directors, officers, members, partners, and/or employees (individually, a “Provider Indemnified Party” and collectively, the “Provider Indemnified Parties”) will not be liable to Subscriber under any circumstances for any special, treble, incidental or consequential damages, including without limitation, damage to or loss of property other than for the Work purchased hereunder; damages incurred in installation, repair or replacement; lost profits, revenue or opportunity; loss of use; losses resulting from or related to downtime of the products or inaccurate measurements or reporting; the cost of substitute products; or claims of Subscriber’s customers for such damages, howsoever caused, and whether based on warranty, contract, and/or tort (including negligence, strict liability or otherwise). The total liability of the Provider Indemnified Parties arising out of the performance or non-performance hereunder or Provider’s obligations in connection with the design, manufacture, sale, delivery, and/or use of the Service Offering/Work will in no circumstance exceed in the aggregate a sum equal to twice the amount actually paid to Provider for any Service Offering/Work delivered hereunder
15. Applicable Law and Dispute Resolution. The construction, interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the State of California, United States of America, without regard to its principles or laws regarding conflicts of laws. If any provision of this Service Offering Agreement violates any Federal, State or local statutes or regulations of any countries having jurisdiction of this transaction, or is illegal for any reason, said provision shall be self-deleting without affecting the validity of the remaining provisions. Unless otherwise specifically agreed upon in writing between Provider and Subscriber, any dispute relating to this Service Offering agreement which is DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B not resolved by the parties shall be adjudicated in order of preference by a court of competent jurisdiction (i) in the Superior Court of the County of San Luis Obispo, State of California, United States of America, ,
16. Funds Transfers. Subscriber and Provider both recognize that there is a risk of banking fraud when individuals impersonating a business demand payment under new banking or mailing instructions. To avoid this risk, Subscriber must verbally confirm any new or changed bank transfer or mailing instructions by calling Provider and speaking with Provider’s accounts receivable contact before mailing or transferring any monies using the new instructions. Both parties agree that they will not institute mailing or bank transfer instruction changes and require immediate payment under the new instructions but will instead provide a ten (10) day grace period to verify any payment instruction changes before any new or outstanding payments are due using the new instructions.
17. Entire Agreement & Modification. These Terms & Conditions of Sale and accompanying software or service agreement constitute the entire agreement between the parties and supersede any prior agreements or representations, whether oral or written. No change to or modification of these Terms & Conditions shall be binding upon Provider unless in a written instrument specifically referencing that it is amending these Terms & Conditions of Sale and signed by an authorized representative of Provider. Provider rejects any additional or inconsistent Terms & Conditions of Sale offered by Subscriber at any time, whether or not such terms or conditions materially alter the Terms & Conditions herein and irrespective of Provider’s acceptance of Subscriber’s order for the described Service Offering/Work.
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B
EXHIBIT B
PROFESSIONAL CONSULTANT SERVICES
CITY OF GROVER BEACH
DISCLOSURE OF CONFLICT OF INTEREST
Explanation:
Signature
Date
Name
Company
Address
Additional page(s) attached.
City, State, Zip
YES* NO
1 Are you currently in litigation with the City of Grover Beach or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Grover Beach?
3 Do you currently represent or perform work for any clients who do business with the City of Grover Beach?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Grover Beach, or in a business which is in litigation with the City of Grover Beach? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Grover Beach employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below.
DocuSign Envelope ID: 2759CD0E-0F0E-4369-A593-B26CAB238C7B 1999 Broadway # 830
X
X
David Stadelmann
Denver, CO 80202
Aquatic Informatics (Sedaru)
X
N/A
7/14/2023
X
X
X
Agenda Item No. 7
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: July 24, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Gabriel Munoz-Morris, Senior Engineer
SUBJECT: Professional Consulting Services Agreement for Fats, Oils, and Grease (FOG) Program Administration
RECOMMENDATION
Approve a Professional Consulting Services Agreement in an amount not to exceed $100,000 with Wallace Group for Fats, Oils, and Grease (FOG) Control Program Administration services; and authorize the Mayor to execute the agreement on behalf of the City.
BACKGROUND
Communities need to find affordable and efficient solutions for improving and maintaining wastewater infrastructure without compromising quality and service levels. The City has taken a proactive approach by developing a Commercial Facility Stormwater and Fats, Oils, and Grease (FOG) Inspection Program to ensure compliance with regulatory mandates. This program reduces the potential for sewer pipeline-blocking materials to enter the City’s sewer collection system. The City contracts inspections and program administration for the FOG Control program and the most recent contract expired at the end of Fiscal Year 22-23.
Staff issued a Request for Proposals (RFP) on June 8, 2023 for FOG Control Program administration services. The RFP indicated that the City’s intent was to award a three-year contract to the selected firm with two optional one-year extensions. A multi-year contract is beneficial to the City so that staff does not have to issue a RFP each year and risk a lapse in program coverage while on-boarding a firm. A multi-year contract also reduces long-term program costs for the City by streamlining services from year to year. The deadline to submit proposals was June 29, 2023 and the City received two proposals from Wallace Group and EEC.
Both firms submitted competitive proposals and demonstrated prior experience providing these services to various jurisdictions. Staff performed a review of both proposals and determined that Wallace Group’s proposal provided the City with unique benefits as they have various clients locally and have an extensive working knowledge of the requirements of the local Regional Water Quality Control Board. Additionally, Wallace Group’s proposed inspector is based locally which will facilitate inspection, re-inspection, and follow-up meeting scheduling with local businesses.
Staff recommends award of the professional consulting services agreement to Wallace Group in the amount of $33,050 annually over a three-year period for the administration of the City’s FOG Control Program.
Staff Report: Professional Consulting Services Agreement for FOG Control Program Page 2 July 24, 2023
FISCAL IMPACT
Funding for this work is budgeted in the current budget and funding in the second and third years of the agreement will be included in future budgets. This agreement is funded from the Wastewater Enterprise Fund.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Approve a Professional Consulting Services Agreement in an amount not to exceed $100,000 with Wallace Group for Fats, Oils, and Grease (FOG) Control Program Administration services; and authorize the Mayor to execute the agreement on behalf of the City; or
2. Do not approve Agreement; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Professional Consulting Services Agreement
AGREEMENT
CITY OF GROVER BEACH, CALIFORNIA
PROFESSIONAL SERVICES
FOG PROGRAM ADMINISTRATION SERVICES
THIS AGREEMENT is made and entered into effective the 24th day of July, 2023, by and between the CITY OF GROVER BEACH, a California municipal corporation (hereinafter referred to as "CITY"), and Wallace Group (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, CITY desires to obtain professional services for the FOG Program Administration Services, more specifically identified in the Proposal, Scope of Work and Fee Schedule, jointly attached as “Exhibit A” to this Agreement, herein referred to as the PROJECT; and WHEREAS, CONSULTANT is engaged in the business of administration and inspection of Food Service Establishments (FSEs) in the existing Fats, Oils, and Grease (FOG) and Storm Water Control Programs and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, this Agreement sets forth the terms and conditions under which CONSULTANT shall provide professional services, to be paid by the City of Grover Beach; and WHEREAS, this Agreement will be administered for CITY by the Director of Public Works, hereinafter referred to as DIRECTOR or his/her designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:
ARTICLE I. SCOPE OF SERVICES
CONSULTANT shall complete said PROJECT described herein and more fully described in Exhibit A, and in accordance with local, State and Federal laws. This shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A.
ARTICLE II. COMPENSATION AND PAYMENT
A. CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be performed on a not to exceed basis of $33,050.
B. CONSULTANT shall invoice CITY on a monthly basis, via detailed statement, which will be processed and payable in the normal course of CITY business, typically within 30 days of receipt of an invoice unless otherwise identified in this Agreement.
C. The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT’S compensation. Any change in the scope of services must be made by written Contract Amendment to the Agreement signed by an authorized representative for each DocuSign Envelope ID: DB111350-7254-4EFC-A71D-C8086ADD8B0E Attachment 1
party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written Contract Amendment.
D. At any time prior to issuance of final payment, the CITY may conduct a cost audit of CONSULTANT’S invoices/statements. Any payment may be reduced by amounts found by CITY not to constitute allowable costs and/or adjusted for prior overpayments or underpayments. Upon CONSULTANT’S compliance with all terms of this Agreement, City shall promptly pay any balance of allowable costs.
E. CITY agrees to hold CONSULTANT harmless for all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, drawings, maps, models, electronic files and other documents for purposes other than those described in this Agreement, unless written authorization of CONSULTANT is first obtained.
ARTICLE III. TERMINATION, REMEDIES, FORCE MAJEURE AND CONSOLIDATION OF DISPUTES A. This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of:
(i) CONSULTANT’S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) Seven (7) calendar days written notice, with or without cause, by either the CITY or CONSULTANT;
(iii) Expiration of this Agreement.
B. Upon any termination or expiration of this Agreement, CONSULTANT shall (i) Immediately stop all work hereunder;
(ii) Immediately cause any and all of its subcontractors to cease work; and (iii) Return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided.
C. In the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, CITY’S damages caused by such failure. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach.
D. Upon any breach of this Agreement by CONSULTANT, CITY may:
(i) Exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) Proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) Recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
E. CONSULTANT shall provide CITY with adequate written assurances of future performance, upon the request of the Director or his/her designee, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement.
DocuSign Envelope ID: DB111350-7254-4EFC-A71D-C8086ADD8B0E