AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
MONDAY, APRIL 28, 2025, 6:00 PM
Next Resolution No .25-13
Next Ordinance No. 25-01
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 Kathy McCorry-Driscoll, Jules Tuggle, Clint Weirick, Mayor Pro Tem Robert Robert, and Mayor Kassi Dee
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 adopt the agenda as presented or as revised by motion.
CEREMONIAL CALENDAR
1. Proclamation for National Foster Care Month
2. Introduction of New City Employees
PRESENTATIONS
3. SLO Regional Transit Authority Update
Meetings can be viewed on cable Channel 20 in Grover Beach and are live streamed on www.slospan.org. Members of the public may provide public comment via the phone during the meeting by calling (805) 321-6639 (the phone line will open just prior to the start of the meeting at 6:00 PM). Written public comments can be submitted via email to [email protected]. To ensure distribution to the City Council, please submit comments not later than 12:00 p.m. the day of the meeting. All correspondence will be distributed to the City Council, posted on the City’s website, and be made part of the official public record of the meeting. Please note, comments will not be read into the record.
Agenda: Grover Beach City Council Meeting Page 2
Monday, April 28, 2025
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, or discuss, 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.
4. Treasurer’s Reports for the Period March 1, through March 31, 2025 – Finance Manager Flores
(Recommended Action: Approve the Treasurer’s Reports as submitted.)
VOICE VOTE
5. Treasurer’s Reports for the 2022 Streets Bond Account - $10,000,000 for the Period March 1, through March 31, 2025 – Finance Manager Flores
(Recommended Action: Approve the Treasurer’s Reports as submitted.)
VOICE VOTE
6. Minutes of the City Council Meeting on Monday, April 14, 2025 – City Clerk Sims (Recommended Action: Approve the minutes as submitted or revised.)
VOICE VOTE
7. First Reading and Introduction of an Ordinance Amending the Grover Beach Municipal Code to Incorporate the Updated State Fire Hazard Severity Zone Maps Released by California Department of Forestry and Fire Protection – Community Development Director Martin and Five Cities Fire Authority Fire Chief Hallett (Recommended Action: Conduct the first reading, by title only, and introduce an ordinance adopting Chapter 8 (Fire Hazard Severity Zones) of Article VI (Public Safety) of the Grover Beach Municipal Code to formally adopt the updated Fire Hazard Severity Zone (FHSZ) maps as required by California Government Code Section 51179(a).)
VOICE VOTE
8. City Technology Systems Upgrades Update – Assistant City Manager Eriksson (Recommended Action: Receive an update on the City’s efforts to upgrade technology systems to promote efficiency and innovation for City operations.)
VOICE VOTE
PUBLIC HEARING
9. Development Application TE-25-001 - Request for a Two-year Time Extension for Development Application 10-03 for the Grover Beach Lodge Project Located at 55 West Grand Avenue – Community Development Director Martin
(Recommended Action: Adopt a Resolution to approve Development Application TE-25-001 granting a two-year time extension for Development Application 10-03 (Grover Beach Lodge project) with a previously adopted Final Environmental Impact Report and Statement of Overriding Considerations (SCH# 2010051002).)
ROLL CALL VOTE
Agenda: Grover Beach City Council Meeting Page 3
Monday, April 28, 2025
REGULAR BUSINESS
10. Enterprise Fleet Management Agreement – Assistant City Manager Eriksson (Recommended Action: Adopt a resolution to approve the Master Equity Lease Agreement with Enterprise FM Trust to allow Enterprise Fleet Management to manage the City’s vehicle leasing and maintenance.)
ROLL CALL VOTE
11. Policy Direction on Social Host Ordinance for Fireworks Activity– Police Commander Millard
(Recommended Action: Received proposed regulatory framework for a Social Host ordinance related to fireworks activity and provide direction to staff on development of ordinance.)
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.
SLO Council of Governments/SLO Regional Transit Authority Kassi Dee (Alt: Robert Robert) (SLOCOG / SLORTA)
South County Transit Committee Kassi Dee (Alt: Robert Robert) South SLO County Sanitation District (SSLOCSD) Kassi Dee (Alt: Clint Weirick) Central Coast Community Energy (3CE) Kathy McCorry-Driscoll (Alt: N/A) REACH Kathy McCorry-Driscoll (Alt: Robert Robert)
Visit SLO CAL Advisory Committee Kathy McCorry-Driscoll (Alt: Robert Robert) Air Pollution Control District (APCD) Robert Robert (Alt: Kassi Dee) Integrated Waste Management Authority (IWMA) Robert Robert (Alt: Kathy McCorry-Driscoll) Homeless Services Oversight Council (HSOC) Jules Tuggle (Alt: Clint Weirick) SLO County Water Resources Advisory Committee (WRAC) Jules Tuggle (Alt: Robert Robert) South County Chambers of Commerce Jules Tuggle (Alt: Robert Robert) Zone Three Advisory Committee Jules Tuggle (Alt: Robert Robert) California Joint Powers Insurance Authority (CJPIA) Clint Weirick (Alt: Kathy McCorry-Driscoll) Community Action Partnership of San Luis Obispo County Clint Weirick (Alt: Kassi Dee) (CAPSLO)
Five Cities Fire Joint Powers Authority Clint Weirick and Kassi Dee
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
None
Agenda: Grover Beach City Council Meeting Page 4
Monday, April 28, 2025
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 encourage 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 from 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.
U2.1(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.
U2.1(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 AAddressing 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 AAddressing 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.
No Documents for this Agenda Item
Proclamation for National Foster Care Month
Agenda Item No. 1
Proclamation for National Foster
Care Month
(CC Mtg 4/28/2025)
No Documents for this Agenda Item
Introduction of New City Employees
Agenda Item No. 2
Introduction of New City
Employees
(CC Mtg 4/28/2025)
SLO RTA Proposed Changes to Routes
27/28 in Grover Beach
Geoff Straw, Executive Director
Agenda Item No. 3
Ridership Trends
What’s New?
Began operating smaller gasoline-powered minibuses on Routes 27/28 in 2024
Finalizing implementation of Cal-ITP Open-Loop Contactless Payment/Fare-Capping System countywide
AG High School Tripper & Atlantic City re-route (August 2025) Planning for changes at Ramona Park / Train Station
Implementing Zero-Emission Buses
Route 27/28 Changes
Questions?
Geoff Straw, RTA Executive Director
[email protected]
(805) 541-2228
RESOURCES DESCRIPTION
Balance from February 28, 2025 $ 4,736,769.68
Deposits 1,948,606.35
Voided Checks Check Number Date
77804 02/19/25 680.70
77220 10/17/24 1,001.05
77979 02/13/25 1,422.00
78159 03/13/25 117.00
Total Resources $ 6,688,596.78
EXPENSES
DESCRIPTION PERIOD ENDING CK DATE CHECK NUMBER AMOUNT
WR 03/06/25 78089-78132 945,592.65
PR 03/02/25 03/07/25 5364202-5364272 175,650.11
WR 03/13/25 78133-78185 144,656.63
WR 03/20/25 78186-78254 982,238.09
PR 03/16/25 03/21/25 5364273-5364338 176,701.84
WR 03/27/25 78255-78297 592,394.01
Electronic Transfers 450,002.15
Returned Checks,Chargebacks 3,239.18
Credit Card Payments Service Charge 6,652.09
Total Expenditures $ 3,477,126.75
Cash Balance as of March 31, 2025 $ 3,211,470.03
Respectfully,
Micheal Flores
Finance Manager
CITY OF GROVER BEACH
Treasurer's Report for April 28, 2025 City Council Meeting March 1, 2025 to March 31, 2025
Agenda Item No. 4
ACCOUNTS PAYABLE
CHECK DATE 3/06/2025
Check Report
City of Grover Beach By Check Number
154 S. 8th Street Date Range: 03/06/2025 - 03/06/2025
Grover Beach, CA 93433
03/06/2025 ABALONE COAST ANALYTICAL INC 2959 78089
25-0308A Invoice 02/06/2025 TRI HALO METHANES TRIP BLANK FEE 100 25-0434 Invoice 02/03/2025 COLIFORM PA, NITRATE, ELAP FEE & SHIPPING FEI 306 25-0461 Invoice 02/04/2025 COLIFORM PA & ELAP FEE 36
25-0570 Invoice 02/11/2025 COLIFORM PA, NITRATE, ELAP FEE & SHIPPING FEI 275 25-0571 Invoice 02/11/2025 HETEROTROPHIC PLATE COUNT & ELAP FEE 230 25-0656 Invoice 02/19/2025 COLIFORM PA, NITRATE, GENERAL PHYSICAL, ELA 423 25-0681 Invoice 02/19/2025 COLIFORM PA, EPA 524.2 STANDARD, GEN MINERA 883 25-0760 Invoice 02/26/2025 TCP, 1,2,3 REGULAR, COLIFORM PA & ELAP FEE 520 25-0771 Invoice 02/28/2025 COLIFORM PA, HETEROTROPHIC PLATE COUNT, Q 186 03/06/2025 Alexander's Contract Services 3885.76 78090
202503030017 Invoice 03/03/2025 METER READING SERVICES MARCH 2025 3885.76 03/06/2025 Allweather Landscape Inc 7807.75 78091
54382 Invoice 03/01/2025 CITY WIDE LANDSCAPING SERVICES FEB 2025 7027.75 54506 Invoice 03/01/2025 ADDITIONAL CITY WIDE LANDSCAPING SERVICES I 780 03/06/2025 AMAZON CAPITAL SERVICES 199.53 78092
1 HXW-DKHX-QT Invoice 03/05/2025 Office Supplies 63.05
1VH6-X9GD-N47 Invoice 03/05/2025 Office Supplies 136.48 03/06/2025 AT&T 2767.64 78093
000023082232 Invoice 03/04/2025 City Hall Telephones 1/25/25-2/24/25 2286.11 2/22/25 Invoice 03/04/2025 City Hall & PD Fax & Modem 1/22/25-2/21/25 481.53 03/06/2025 AUTO ZONE INC 19.99 78095
04021940237 Invoice 02/26/2025 16' TAPE MEASURE FOR SHOP 19.99 03/06/2025 CHARTER COMMUNICATIONS 784.57 78096
17058460102212 Invoice 03/06/2025 City Facilities-Internet Charges 2/21/25-3/20/25 784.57 03/06/2025 CITY OF GROVER BEACH WATER DEPT. 1047.96 78097 02-5595-00 Invoice 02/07/2025 CIP 2287 CONSTRUCTION WATER 1047.96 03/06/2025 Creative Solutions Central Coast 2500 78098
mr306-670 Invoice 03/05/2025 4 new counter tops 2500
03/06/2025 DATAPROSE LLC 2251 .46 78099
3/ 6/ 2025 3:39:02 PM Page 1 of 6
Check Report - Detail Date Range: 03/06/2025 - 03/06/2025 2025P-71 Invoice 03/04/2025 2025 Postage Adjustment 555 DP2501001 Invoice 03/05/2025 Utility Billing-Jan 2025 1696.46 03/06/2025 DE LAGE LANDEN 114.29 78100
589430239 Invoice 03/05/2025 Laserfiche lease 2/15/25 to 3/14/25 114.29 03/06/2025 GLENN BURDETTE, INC. 8650 78101
235414 Invoice 03/03/2025 FY24 Audit 8650
03/06/2025 Greta Pechmann 87 78102
2001033.002 Invoice 03/05/2025 2001033.002 R3402 16th SDRfd 3/2/25 87 03/06/2025 GROVER BEACH POLICE OFFICERS ASSOC. 1155 78103 INV0002145 Invoice 03/07/2025 POA Dues 55
INV0002146 Invoice 03/07/2025 POA Dues 55
INV0002147 Invoice 03/07/2025 POA Dues 55
INV0002148 Invoice 03/07/2025 POA Dues 55
INV0002149 Invoice 03/07/2025 POA Dues 55
INV0002150 Invoice 03/07/2025 POA Dues 55
INV0002151 Invoice 03/07/2025 POA Dues 55
INV0002152 Invoice 03/07/2025 POA Dues 55
INV0002153 Invoice 03/07/2025 POA Dues 55
INV0002154 Invoice 03/07/2025 POA Dues 55
INV0002155 Invoice 03/07/2025 POA Dues 55
INV0002156 Invoice 03/07/2025 POA Dues 55
INV0002157 Invoice 03/07/2025 POA Dues 55
INV0002158 Invoice 03/07/2025 POA Dues 55
INV0002159 Invoice 03/07/2025 POA Dues 55
INV0002160 Invoice 03/07/2025 POA Dues 55
INV0002161 Invoice 03/07/2025 POA Dues 55
INV0002162 Invoice 03/07/2025 POA Dues 55
INV0002163 Invoice 03/07/2025 POA Dues 55
INV0002164 Invoice 03/07/2025 POA Dues 55
INV0002165 Invoice 03/07/2025 POA Dues 55
03/06/2025 Hacienda Gardening 1025 78105
HG90574 Invoice 02/28/2025 ONE TIME CLEAN UP 1200 MESSINA COURT 250 HG90575 Invoice 02/28/2025 WEED ABATEMENT AT 6TH & LONGBRANCH 475 HG90576 Invoice 02/28/2025 CITY WI DE GOPHER TREATMENT FEBRUARY 2024 300 3/6/2025 3:39:02 PM Page 2 of 6
Check Report - Detail Date Range: 03/06/2025 - 03/06/2025 03/06/2025 J.B. DEWAR INC. 2907.19 78106
384702 Invoice 03/05/2025 gas stmt 2/15/25 to 2/28.25 2907.19 03/06/2025 Jared Allegranza 3205.5 78107
031025 Invoice 03/05/2025 lodging per diem Investigations Trn 3/31/25 3205.5 03/06/2025 Julianna Larkin 87 78108
2001035.002 Invoice 03/05/2025 2001035.002 R3397 16th 3/1/25 SDRfd 87 03/06/2025 LEE WILSON ELECTRIC CO. INC 1422.5 78109
2501 Invoice 02/05/2025 TRAFFIC SIGNAL MAINTENANCE JANUARY 2025 1020 3786 Invoice 02/27/2025 13TH & GRAND AVE SIGNAL LIGHT TROUBLESHoo· 402.5 03/06/2025 MINERS HARDWARE 1465.36 78110
555677 Invoice 03/04/2025 locks 46.74
555692 Invoice 02/06/2025 LOC# 101 PD BREAKROOM SUPPLIES 30.43 555695 Invoice 03/04/2025 5 gal tote 16.3
555745 Invoice 02/07/2025 LOC# 100 DIGITAL THERMOSTATE FOR PW OFFICE 35.88 555746 Credit Memo 02/07/2025 LOC# 100 CREDIT MEMO FOR DIGITAL THERMOSTI -35.88 555808 Invoice 02/08/2025 WATER DEPT. DRY ERASE BOARD 21.73 555845 Invoice 02/09/2025 WATER DEPT. SUPPLIES 2.16
555996 Invoice 02/11 /2025 LANDSCAPING SUPPLIES 28.25
556001 Invoice 03/04/2025 drill, keys 34.75
556019 Invoice 03/04/2025 locks, keys 54.32
556147 Invoice 02/13/2025 LOC# 113 PAINT SUPPLIES 117.12 556443 Invoice 02/18/2025 WELL 3 SUPPLIES 9.33
556460 Invoice 02/18/2025 WATER DEPT. SUPPLIES 15.2
556699 Invoice 02/21/2025 PARKS SUPPLIES 505.71
556718 Invoice 02/22/2025 PARKS TRUCK SUPPLIES 19.54
556906 Invoice 02/25/2025 STREETS SUPPLIES 56.5
556911 Invoice 02/25/2025 PW OPERATING SUPPLIES 82.62
557128 Invoice 02/28/2025 LOC# 101 POLICE DEPT LIGHTBULBS 21 .73 557129 Invoice 02/28/2025 LOC# 101 POLICE DEPARTMENT LIGHTBULBS 10.86 557138 Invoice 03/04/2025 evidence supplies 69.66
K55481 Invoice 02/03/2025 LOC# 107 CORP YARD SUPPLIES 293.04 k55505 Invoice 03/04/2025 supplies for range cabinets 29.37 03/06/2025 MISSION LINEN SUPPLY SAP #110035 264.89 78112 1840337891 Invoice 02/13/2025 1840337891 264.89
03/06/2025 Monique Martinez 87 78113
3/6/2025 3:39:02 PM Page 3 of 6
Check Report - Detail
2001034.002 Invoice 03/05/2025 2001034.002 R 3382 16th SDRfd 2/16/25 03/06/2025 O'REILL Y'S AUTOMOTIVE INC
3025-411914 Invoice 02/28/2025 PUBLIC WORKS OPERATING TOOLS 03/06/2025 PACIFIC GAS AND ELECTRIC
107 4697152-8-25 Invoice 03/03/2025 Public Works & Parks Electric 1/19/25-2/16/25 03/06/2025 Papich Construction Company Inc 20240716-8086 35615 Invoice 12/05/2024 CIP 2287 RETENTION FOR WORK THROUGH OCTOE 03/06/2025 Papich Construction Company, Inc.
Invoice 03/06/2025 CIP 2287 WORK COMPLETED THROUGH OCTOBER 03/06/2025 Peak WiFi.com
14202.769281 Invoice 03/05/2025
03/05/2025
03/01/2025
03/05/2025
Cannabis Video Wall Feb 2025
15983. 769922 Invoice 45 Newport internet Feb 2025
2025-03-15462 Invoice
9433.769768 Invoice
INTERNET SERVICES FOR NITRATE PLANT MARCH
network services Feb 2025
03/06/2025
012025203
03/06/2025
10354024
03/06/2025
180167
180331
180510
180511
180516
03/06/2025
PHOENIX GROUP INFORMATION SYSTEMS
Invoice 03/05/2025
PITNEY BOWES INC.
Invoice 03/04/2025
PROCARE JANITORIAL SUPPLY
Invoice
Invoice
Invoice
Invoice
Invoice
Rachel Friedman
02/07/2025
02/13/2025
02/20/2025
02/20/2025
02/20/2025
parking citation service Jan 2025
Postage Meter billing period 12/31/24-3/30/25
LOC# 101 PD JANITORIAL SUPPLIES
LOC# 107 CORP YARD JANITORIAL SUPPLIES
LOC# 11 0 JANITORIAL SUPPLIES
LOC# 107 CORP YARD JANITORIAL SUPPLIES
LOC# 101 CITY HALL JANITORIAL SUPPLIES
358 N. 10TH REl Invoice 03/05/2025 358 N. 10TH SMART IRRIGATION CONTROLLER REE 03/06/2025 RCA lnvetments Inc Long Beach BMW Motorcycles 1001 Invoice 03/04/2025 2024 BMW Motorcycle
03/06/2025 Roberto Pulido
03032025 Invoice 03/05/2025 lodging per diem Breacher Tm 3/24/25 03/06/2025 SENTINEL SECURITY SOLUTIONS, Inc
Invoice 03/03/2025 Quarterly Billing for February through April 3/ 6/2025 3:39:02 PM
Date Range: 03/06/2025 - 03/06/2025
87 114.18
114.18
29398.2
29398.2
31299.44
31299.44
594689.11
594689.11
2584.9
295
69.95 69.95
2150
929.92
929.92
424.8
424.8
594.41
143.75
245.17
76.93 56.69
71 .87
50 50
33997.76
33997.76
1287.97
1287.97
119.85
119.85
78114
78115
78116
78117
78118
78119
78120
78121
78122
78123
78124
78125
Check Report - Detail Date Range: 03/06/2025 - 03/06/2025 03/06/2025 SOUTH SAN LUIS OBISPO CO. SANITATION DISTRICT 196898.78 78126 INV0002133 Invoice 02/27/2025 PASS THRU FEES FOR JAN 2025 196898.78 03/06/2025 SpeakWrite Billing Department 10.49 78127
2e68cd0b Invoice 03/05/2025 dictation services Feb 2025 10.49 03/06/2025 STATE DISBURSEMENT UNIT 250 78128
INV0002166 Invoice 03/07/2025 Employee Garnishment 250
03/06/2025 TEMPLETON UNIFORMS 874.19 78129
12294 Invoice 03/05/2025 holsters 874.19
03/06/2025 Tuckfield & Associates 6240 78130
0762 Invoice 03/03/2025 Wastewater Rate Study 6240
03/06/2025 Tyler Technologies, Inc 580 78131
025-499819 Invoice 03/05/2025 Business License & Code Enforcement Week 1 580 03/06/2025 VERIZON WIRELESS 554.26 78132
6106195568 Invoice 02/16/2025 PUBLIC WORKS CELL SERVICES 01/17 - 02/16 554.26 3/6/2025 3:39:02 PM Page 5 of 6
Check Report - Summary Date Range: 03/06/2025 - 03/06/2025 All Bank Codes Check Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 104 41 0.00 945,592.65
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
104 41 0.00 945,592.65
3/6/2025 3:39:02 PM Page 6 of 6
ACCOUNTS PAYABLE
CHECK DATE 3/13/2025
03/13/2025
7029
7030
03/13/2025
City of Grover Beach
154 S. 8th Street
Grover Beach, CA 93433
ADAMS ASHBY GROUP LLC
Invoice 02/01/2025
Invoice 02/01/2025
AMAZON CAPITAL SERVICES
13WN-R6MW-GS Invoice 03/11/2025
1 DHK-DF49-7KK· Invoice 03/03/2025
1 KRW-NXCC-HX Credit Memo 03/07/2025
1 NTC-FMH9-6RC Invoice 03/01/2025
1WTM-9WKF-JFI Credit Memo 03/07/2025
INV0002181 Invoice 03/11/2025
03/13/2025 AQUA-METRIC SALES CO.
INV0106570 Invoice 02/11/2025
03/13/2025 AUTO ZONE INC
04021945524 Invoice 03/11/2025
04021947060 Invoice 03/07/2025
03/13/2025 Avenu Insights & Analytics
IVN06-020452 Invoice 03/13/2025
03/13/2025 BEST BEST & KRIEGER, LLP
INV0002179 Invoice 03/07/2025
03/13/2025 Burdine Printing
INV0002182 Invoice 03/11/2025
03/13/2025 CivicPlus LLC
INV0002180 Invoice 03/07/2025
03/13/2025 CLAD Consulting, Inc
1588 Invoice 01/06/2025
23036-01 Invoice 01/31/2025
23036-02 Invoice 02/28/2025
24062-01 Invoice 03/10/2025
24062-02 Invoice 02/28/2025
25002-01 Invoice 01/31/2025
3/14/2025 11:59:08 AM
Check Report
By Check Number
Date Range: 03/13/2025 - 03/13/2025
6750 78133
JAN 2025 GENERAL ADMIN 23A-CDBG-20008 RAMOf 5000
JAN 2025 GENERAL ADMIN 22-CDBG-NH-00015 1750
559.6 78134
Office supplies 65.25
1 DHK-DF49-7KK9 Amazon jan. supplies, hole punch 422.41 1 KRW-NXCC-HXFQ Amazon hole punch refund -10.89
LOC# 100 JANITORIAL SUPPLIES 112.84
1WTM-9WKF-JFNQ Refund trash bags -85.58
Amazon_lnv 1T9J-4613-64C7 _supplies_3-10-25 55.57
22855.28 78135
STOCK WATER METERS FOR YARD 22855.28
107.41 78136
Unit 215, oil, filter, windshield fluid 61.42
PARKS FOR PW TRUCK 226 45.99
570.69 78137
SUT A Services for the tax Q. ending Sept 30, 24 570.69 1040 78138
BBK_lnv1021714_Elected CA lnitiative_3-6-25 1040
20.63 78139
Burdine_lnv 51568_Name Plate-Tag_3-2-2025 20.63
4397.4 78140
Inv 325282_ArchiveSocial Economy_ 12-20-2024 4397.4
30997.5 78141
PW INSPECTION STAFF EXTENSION DECEMBER 20 2805
950 EL CAMINO AS NEEDED INSPECTIONS THROUC 1312.5
950 EL CAMINO REAL AS NEEDED INSPECTIONS Tl- 3312.5
PW INSPECTIONS STAFF EXTENSION JANUARY 20: 4272.5
PW INSPECTION STAFF EXTENSION FEBRUARY 20: 9323.75
GB FIBER OPTIC PHASE 3 PART 2 THROUGH 01/31 / 4825
Check Report - Detail
25002-02 Invoice 02/28/2025 GB FIBER OPTIC PHASE 3 PART 2 THROUGH 02/28/. 03/13/2025 Coles Linen and Laundry
INV0002171 Invoice 03/07/2025 Inv 20652_Coles Laundry_3-3-2025 03/13/2025 CONFLUENCE ENGINEERING SOLUTIONS, INC
1240 Invoice 03/03/2025 DOW COMPLIANCE SUPPORT 01/01/2025-01/31/202~ 03/13/2025 CSC of Salinas
001061699 Invoice 02/26/2025 HOSE FOR TRASH PUMP TRUCK
03/13/2025 CSG Consultants, Inc
B250061 Invoice 02/03/2025 999 HUSTON AVE PRE-APP REVIEW 03/13/2025 Culligan San Paso/Culligan Santa Maria
119993 Invoice 03/1 1/2025 bottled water
03/13/2025 DE LAGE LANDEN
589556413 Invoice 03/11/2025 Sharp/MX-5071 March 2025
03/13/2025 Digital West
132763401-0011 : Invoice
132766501-0011 : Invoice
03/1 1/2025
03/13/2025
Internet for 933 Ramona
Internet for 1230 Trouville
03/13/2025
14183
14190
03/13/2025
INV0002172
INV0002173
03/13/2025
03172025
031725
03/13/2025
Q0307251
03/13/2025
20608
03/13/2025
2001038.002
03/13/2025
3/ 14/ 2025 11:59:08 AM
DJ'S PLUMBING INC
Invoice
Invoice
03/05/2025
03/06/2025
LOC# 102 SHOWER HANDLE TEMP CARTRIDGE REI
LOC# 101 INSTALLATION OF FAUCET AND GARBAG
ENTERPRISE RENT-A-CAR ATTN: ACCTS RECEIVABLE
Invoice
Invoice
03/07/2025
03/07/2025
Felix Ramirez-Gutierrez
Invoice
Invoice
03/11 /2025
03/11/2025
FRANK'S LOCK & KEY
Invoice 03/06/2025
Inv 108011166213_transportation to LCC conference
Inv 108011 137959_LCC transportation for CC
lodging per diem SLI 5 Garden Grove
lodging per diem SLI 6 El Segundo
LOC# 102 PRIVACY LEVERS FOR FIRE DEPARTMEI\
GARING TAYLOR & ASSOCIATES INC.
Invoice 02/28/2025 COORD ON GENTLEMEN'S AGMT THROUGH 02/13/2 Girl Scouts of CA Central Coast
Invoice 03/12/2025 2001038.002 GBCC SDRfd 3/2/25 Thinking Day! GSI Water Solutions, Inc
Date Range: 03/13/2025 - 03/13/2025
5146.25
60.78 60.78
1235
1235
212.72
212.72
345
345
110.67
110.67
227.29
227.29
330
165
165
562.5
260
302.5
462.09
197.9
264.19
1977.54
1068.64
908.9
533.36
533.36
162
162
450
450
11804.49
78142
78143
78144
78145
78146
78147
78148
78149
78150
78151
78152
78153
78154
78155
Check Report - Detail
0672.011-3 Invoice 02/21/2025
03/13/2025 HD Supply Inc USA Blue Book
INV00557399 Invoice
INV00557662 Invoice
12/03/2024
12/03/2024
NCMA 2024 ANNUAL REPORT SERVICES TH ROUGH
WATER SAMPLING SUPPLIES
WATER SAMPLING SUPPi ES
03/13/2025 IIMC INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS INV0002174
03/13/2025
03/13/2025
03172025
03/13/2025
INV0002178
03/13/2025
INV0002175
INV0002176
03/13/2025
Invoice 03/07/2025
J.B. DEWAR INC.
Invoice 03/11/2025
Jim Munro
Invoice 03/1 1/2025
JULIANNE TUGGLE
Invoice 03/07/2025
Kathleen Mccorry-Driscoll
Invoice 03/07/2025
Invoice 03/07/2025
Larry Kim
Travel.CPRS.3/11 Invoice 03/12/2025
03/13/2025 League of California Cities
INV0002183 Invoice 03/11/2025
11 MC _Annual Mem bership-DCC _2-25-25
Gasoline charges for PW vehicles
per diem CPCA Admin Disciplinary Brea
JTuggle_LCC Academy_SAC_travel reimbursement
KMc-Corry-Driscoll_LCC Academy-Delta Hotel-lodging
KMcCorry-Driscoll_LCC Academy_ Travel Reimburseme
Travel.CPRS.3/18-3/21/25 - Meals & Mileage
League of CA Cities_lNV 1830_Channel CO Mem bershi
03/13/2025 LexisNexis Risk Data Management, Inc.
1100102921 Invoice 03/11/2025 AVCC subscrip Feb 2025
03/13/2025 LG2WB Engineers Inc
24892-00103 Invoice 03/06/2025 CIRCULATION ELEMENT FEB SERVICES 2025 03/13/2025 LIEBERT CASSIDY WHITMORE
286744 Invoice 03/1 1/2025 Nigotiations 2025
03/13/2025 Michael K. Nunley & Associates, Inc.
001050002131 Invoice 02/05/2025 GB ASSET MANAGEMENT THROUGH JAN 2025 001050002132 Invoice
001050002326 Invoice
02/03/2025
03/06/2025
191 S. OAK PARK INF. REVIEW TECH MEMO THRU ,
GB ASSET MANAGEMENT SUPPORT THROUGH 02/:
03/13/2025 MIER BROS LANDSCAPE PRODUCTS
Invoice 02/11/2025 FILL SAND FOR SANDBAG FILLING STATION 03/13/2025 MOTOROLA SOLUTION INC
3/ 14/ 2025 11:59:08 AM
Date Range: 03/13/2025 - 03/13/2025
11 804.49
627.66
572.36
55.3 135
135
1016.67
1016.67
117
117
812.58
812.58
934.39
786.69
147.7
647
647
300
300
935.94
935.94
10458
10458
440
440
6952.25
3988.16
866.75
2097.34
414.84
414.84
1428.41
78156
78157
78158
78159
78160
78161
78162
78163
78164
78165
78166
78167
78168
78169
Check Report - Detail Date Range: 03/13/2025 - 03/13/2025 8282082 Invoice 03/13/2025 radio batter packs desktop charger 1428.41 03/13/2025 Nathan Musick 300 78170
BOOT BARN 300 Invoice 03/05/2025 N. MUSICK SAFETY BOOTS 2025 300 03/13/2025 NELIDA ACEVES 360 78171
03172025 Invoice 03/11/2025 per diem Management Trn Session B Dana Point 360 03/13/2025 New Times 234 78172
INV0002177 Invoice 03/07/2025 New Times_lnv 376869_Newspaper Ad_2-20-2025 234 03/13/2025 O'REILL Y'S AUTOMOTIVE INC 809.64 78173
3025-410807 Invoice 02/25/2025 TOOL FOR CORP YARD SHOP 102.71 3025-412830 Invoice 03/11/2025 Uni 200, oil, filter 162.19 3025-413248 Invoice 03/11/2025 Unit 212, fuel cap, spark plugs, sensor, filter 347.23 3025-413432 Invoice 03/06/2025 PART FOR PW TRUCK# 224 126.01 3025-413687 Invoice 03/07/2025 PART FOR PW TRUCK# 216 71 .5 03/13/2025 Patricio G Palomo 70 78174
BTCRefund Invoice 03/10/2025 Refund for 2025 BTC 70
03/13/2025 Ready Refresh by Nestle 495.66 78175
05A0900006669 Invoice 02/04/2025 PW DRINKING WATER JAN 2025 239.07 0580900025271 Invoice 03/13/2025 Bottled water for City Hall 256.59 03/13/2025 RICK ENGINEERING COMPANY 6077.47 78176
0104479 Invoice 10/23/2024 S. 4TH STREET GRANT WRITING SERVICES THROL 2083.72 0106631 Invoice 02/23/2025 S. 4TH STREET GRANT WRITING SERVICES THROL 3993.75 03/13/2025 SP MAINTENANCE SERVICES INC. 2769.2 78177
96831 Invoice 02/28/2025 CITY WIDE STREET SWEEPING SERVICES FEB 202 2769.2 03/13/2025 STATE OF CALIFORNIA DEPT OF TRANSPORTATION 539.56 78178 SL250320 Invoice 02/24/2025 SIGNALS & LIGHTING BILLING JUL 2024 TO SEP 202 539.56 03/13/2025 TERMINIX PROCESSING CENTER 150.1 78179
456431038 Invoice 02/24/2025 LOC# 102 PEST CONTROL SERVICES 150.1 03/13/2025 US BANK • CM9690 1200 78180
7659590 Invoice 03/13/2025 Annual Admin Fees 1200
03/13/2025 Verdin Marketing Ink, Co. 4489 78181
INV0002184 Invoice 03/11/2025 Verdin_lnv 12267 _2-28-2024 4489 03/13/2025 VERIZON WIRELESS 2199.95 78182
3/ 14/2025 11:59:08 AM Page 4 of 6
Check Report - Detail
6107031695
6107031696
03/13/2025
inv41-00155
03/13/2025
03/13/2025
10549-GB
3/ 14/2025 11:59:08 AM
Invoice
Invoice
03/11/2025
03/11/2025
Versaterm Public Safety US, Inc
phone stmt 1/27/25 to 2/26/25
Verizon charges PD/Code Enf-1/27/25-2/26/25
Invoice 03/11/2025 MakeNote annual subscrip 3/1/25 to 2/28/26
WALLACE GROUP
Invoice
Invoice
02/28/2025
02/28/2025
Water Systems Consulting Inc.
Invoice 01/31/2025
FOG CONTROL PROGRAM FY 2024-25 THRU JAN 20
MAP CHECKING & SURVEY SERVICES THRU 1/31/2!
NCMA STAFF EXTENSION SERVICES FY 24-25
Date Range: 03/13/2025 - 03/13/2025
2060.71
139.24
5885
5885
5029.2
3151.45
1877.75
3056.16
3056.16
78183
78184
78185
Pages of 6
Check Report - Summary Date Range: 03/13/2025 - 03/13/2025 All Bank Codes Check Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 82 53 0.00 144,656.63
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
82 53 0.00 144,656.63
3114/2025 11 :59:08 AM Page 6 of 6
ACCOUNTS PAYABLE
CHECK DATE 3/20/2025
03/20/2025
City of Grover Beach
154 S. 8th Street
Grover Beach, CA 93433
5Cities Homeless Coalition
CDBG-2022-03T Invoice 03/19/2025
2001044.002 Invoice 03/19/2025
03/20/2025 ADAMS ASHBY GROUP LLC
7042 Invoice 03/18/2025
03/20/2025 AFLAC
344251 Invoice 03/20/2025
03/20/2025 AGP Video
INV0002284 Invoice 03/19/2025
03/20/2025 AIRGAS USA LLC
5514956205 Invoice 02/28/2025
03/20/2025 AMAZON CAPITAL SERVICES
1JR7-D16T-41X7 Invoice 03/11 /2025
1 R4D-RVTG-4PA Invoice 03/17/2025
03/20/2025 APODACA MARGARET
2001046.002 Invoice 03/19/2025
03/20/2025 Applied Technology Group, Inc.
s-inv104486 Invoice 03/19/2025
03/20/2025 ARROYO GRANDE CHEVROLET
21620CVR Invoice 03/06/2025
03/20/2025 Axon Enterprise, Inc.
inus331250 Invoice 03/19/2025
inus331647 Invoice 03/19/2025
03/20/2025 Big Brand Tire & Service
1017-6180910 Invoice 03/1 1/2025
03/20/2025 Burdine Printing
51636 Invoice 03/19/2025
Check Report
By Check Number
Date Range: 03/20/2025 - 03/20/2025
26603.6 78189
22-CDBG-NH-00015 HOMELESS SHELTER OPERATI< 26153.6
2001044.002 Ramona 3/5, 3/7 SDRfd 450
5000 78190
23A-CDBG-20008 GENERAL ADMIN FEB 2025 5000
691 .68 78191
Aflac Premiums March 2025 691 .68
1720 78192
I Nv 9687 _ CC 2-11; 2-24 video production 1720
166.38 78193
ACETYLENE, ARGON & OXYGEN TANK RENTALS FE 166.38
582.49 78194
LOC# 100 JANITORIAL SUPPLIES 43.38
BenQ Monitor 539.11
750 78195
2001046.002 Ramona 3/15/25 Apodaca, M SDRfd 750
2476.95 78196
radio encryption 2476.95
117.7 78197
PART FOR PW TRUCK # 224 117.7
63134.09 78198
license bundle for body cams 915.55
body cams 62218.54
177.79 78199
USED TIRE DISPOSAL 177.79
22.09 78200
51636 signs for drop box andRosy 22.09
03/20/2025 CALIFORNIA PEACE OFFICERS ASSOC. 1422 78201
447760 Invoice 03/19/2025 Millard membership 150
3/ 24/ 2025 12:44 : 50 PM Page 1 of 11
Check Report - Detail Date Range: 03/20/2025 - 03/20/2025 450530 Invoice 03/19/2025 Munro LOP dues 324
457330 Invoice 03/19/2025 Millard LOP dues 324
457340 Invoice 03/19/2025 Munro membership 150
457350 Invoice 03/19/2025 Aceves LOP dues 324
457350a Invoice 03/19/2025 Aceves membership 150
03/20/2025 CANNON CORP 83825.84 78202
91252 Invoice 02/26/2025 CIP 2287 PROJECT MGMT THROUGH 01/31/2025 83825.84 03/20/2025 CITY OF GROVER BEACH WATER DEPT. 8647.62 78203 3/1/2025 Invoice 03/17/2025 City Water Accounts 1/1/25-3/1/25 8647.62 03/20/2025 COLD CANYON LANDFILL INC. 116.25 78204
02-01319837 Invoice 02/12/2025 LOC# 101 TRASH HAUL AWAY 53.25 02-01320134 Invoice 02/14/2025 STORM DRAIN RECOVERY HAUL AWAY 63 03/20/2025 Crystal Vazquez 87 78205
2001045.002 Invoice 03/19/2025 2001045.002 R3459 16th 3/1 6/25 Vazquez 87 03/20/2025 CSG Consultants, Inc 36222.93 78206
60321 Invoice 03/12/2025 BLDG PERMIT INSPECTIONS & BTC INSPECTIONS 11236 60322 Invoice 03/12/2025 FP, CANNABIS & LIFE SAFETY INSPECTIONS 2138.5 82502 Invoice 03/13/2025 DIGITAL SCANNING ARCHIVE SERVICES FY24-25 6500 8250215 Invoice 03/04/2025 BUILDING REVIEW 2/1/25-2/28/25 15850.43 8250216 Invoice 03/04/2025 DA REVIEW 238
F250119 Invoice 03/04/2025 FIRE PLAN REVIEWS 2/1/25 TO 2/28/25 260 03/20/2025 DE LAGE LANDEN 312.12 78207
589521348 Invoice 03/19/2025 copier lease Records March 2025 312.12 03/20/2025 Deltina Coffee Roasters 62.5 78208
INV0002285 Invoice 03/19/2025 Inv 11136_office supplies 62.5 03/20/2025 DEPT OF JUSTICE ACCOUNTING OFFICE/CASHIERING UNIT 245 78209 800013 Invoice 03/19/2025 livescan Feb 2025 245
03/20/2025 ENTERPRISE RENT-A-CAR ATTN: ACCTS RECEIVABLE 402.19 78210 INV0002286 Invoice 03/19/2025 Bill Ref No 108011284210_LCC SoCal New Mayor Conf 196.04 INV0002287 Invoice 03/19/2025 Bill Ref No. 10811410210_CA Cities City Mngers Con 206.15 03/20/2025 GOODMAN MATTHEW 347.67 78211
031925 Invoice 03/19/2025 reimburse lodging parking trn Irvine 3/9/25 347.67 03/20/2025 GRAINGER 221 .76 78212
3/ 24/ 2025 12:44:50 PM Page 2 of 11
Check Report • Detail Date Range: 03/20/2025 • 03/20/2025 9399000398 Invoice 02/06/2025 SUPPLIES FOR TRASH PUMP 121 .82 9418196722 Invoice 02/24/2025 LOC# 107 GATE REPAIR SUPPLIES 65.15 9426103892 Invoice 03/03/2025 CORP YARD SHOP SUPPLIES 34.79 03/20/2025 GROVER BEACH POLICE OFFICERS ASSOC. 1155 78213 INV0002257 Invoice 03/21/2025 POA Dues 55
INV0002258 Invoice 03/21/2025 POA Dues 55
INV0002259 Invoice 03/21/2025 POA Dues 55
INV0002260 Invoice 03/21/2025 POA Dues 55
INV0002261 Invoice 03/21/2025 POA Dues 55
INV0002262 Invoice 03/21/2025 POA Dues 55
INV0002263 Invoice 03/21/2025 POA Dues 55
INV0002264 Invoice 03/21/2025 POA Dues 55
INV0002265 Invoice 03/21/2025 POA Dues 55
INV0002266 Invoice 03/21/2025 POA Dues 55
INV0002267 Invoice 03/21/2025 POA Dues 55
INV0002268 Invoice 03/21/2025 POA Dues 55
INV0002269 Invoice 03/21/2025 POA Dues 55
INV0002270 Invoice 03/21/2025 POA Dues 55
INV0002271 Invoice 03/21/2025 POA Dues 55
INV0002272 Invoice 03/21/2025 POA Dues 55
INV0002273 Invoice 03/21/2025 POA Dues 55
INV0002274 Invoice 03/21/2025 POA Dues 55
INV0002275 Invoice 03/21/2025 POA Dues 55
INV0002276 Invoice 03/21/2025 POA Dues 55
INV0002277 Invoice 03/21/2025 POA Dues 55
03/20/2025 J.B. DEWAR INC. 4964.82 78215
387147 Invoice 03/19/2025 gas stmt 3/1/25 to 3/15/25 3619.45 387148 Invoice 03/18/2025 Gasoline charges for PW vehicles 1345.37 03/20/2025 Jesus Aguirre 87 78216
2001042.002 Invoice 03/19/2025 2001042.002 3435 GHUpper 3/8/25 Aguirre, J SDRfd 87 03/20/2025 Lozano Smith, LLP 23268.45 78217
INV0002288 Invoice 03/19/2025 lnvs 2241425 through 2241435_Iegal fees_3-11-25 23268.45 03/20/2025 Maddie Gannage 87 78218
2001043.002 Invoice 03/19/2025 2001043.002 R3403 16th 3/8/25 GannageM SDRfd 87 3/ 24/ 2025 12:44 : 50 PM Page 3 of 11
Check Report - Detail
03/20/2025 Office Depot
410899738-001 Invoice
410907823-001 Invoice
410907830-001 Invoice
INV0002282 Invoice
INV0002283 Invoice
ODP .CS.022020~ Invoice
02/19/2025
02/19/2025
02/19/2025
03/19/2025
03/19/2025
03/05/2025
03/20/2025 O'REILL Y'S AUTOMOTIVE INC
3025-414869
3025-415489
3025-415490
03/20/2025
3/7/2025
Invoice
Invoice
Invoice
03/19/2025
03/19/2025
03/1 9/2025
PACIFIC GAS AND ELECTRIC
Invoice 03/17/2025
PW PRINTER CARTRIDGES FOR CORP YARD
PRINTER CARTRIDGE FOR CORP YARD PRINTER
SUGAR PACKETS FOR PW OFFICE COFFEE
Inv 34348770-Ord# 410885162-001 _supplies
Inv 34348870 _ Ord#410888315_supplies
ODP.CS.02202025 toner, tape, white out, doc covers
Unit 221 Bearcat Striker bolt
Unit 221 Bearcat license brckt
Unit 222, Drone Van, license brckt lpf combo
Public Works Electric Charges 2/8/25-3/6/25
03/20/2025 Papich Construction Company Inc 20240716-8086 37252R Invoice 03/06/2025 CIP 2287 RETENTION THROUGH JAN 2025 03/20/2025 Papich Construction Company, Inc.
37216 Invoice 03/07/2025 CIP 2287 PROGRESS PYMT 9 THROUGH JAN 2025 03/20/2025 Quinn Company
WO030060896 Invoice 02/27/2025 BACKHOE HYDRAULIC LEAK REPAIRS 03/20/2025 Ready Refresh by Nestle
0580900006669 Invoice 03/04/2025 PW DRINKING WATER FEBRUARY 2025 03/20/2025
INV0002289
03/20/2025
03/20/2025
cs-0125-06
03/20/2025
96478
96479
03/20/2025
Rotary Club of Grover Beach - Five Cities
Invoice 03/19/2025 Rotary_Statement 1420_1nv 591 7_1-15-2025
SAN LUIS OBISPO AIR POLLUTION CONTROL DISTRICT
Invoice 02/10/2025 AUTHORITY TO CONSTRUCT: 1108 NACI GENERAT<
SAN LUIS OBISPO COUNTY SHERIFF-CORONER/ CRIME LAB
Invoice 03/19/2025 testing 241460, 241 477 cases Nov 2024 SENTINEL SECURITY SOLUTIONS, Inc
Invoice
Invoice
03/12/2025
03/12/2025
Siteone Landscape Supply, LLC
RAMONA GARDEN CENTER SECURITY THRU JUN 2
NITRATE PLANT SECU RITY THROUGH JUN 2025
150743742-001 Invoice 03/13/2025 LOC# 109 16TH STREET PARK SUPPLIES 03/20/2025 SM TIRE INC.
3/ 24/ 2025 12 :44: 50 PM
Date Range: 03/20/2025 - 03/20/2025
657.29
236.46
141 .35
14.12 44.96
20.01 200.39
114.23
33.24 40.22
40.77 1679.32
1679.32
31536.23
31536.23
599187.55
599187.55
717.5
717.5
231 .23
231 .23
168
168
1188.6
1188.6
116
116
269.7
119.85
149.85
57.05 57.05
877
78219
78220
78221
78222
78223
78224
78225
78226
78227
78228
78229
78230
78231
Check Report - Detail
Invoice 02/19/2025 TIRES FOR CODE ENFORCEMENT VEH ICLE
03/20/2025 STATE CONTROLLER DEPT ACCT OFFICE ATTN: ACCT REC FAUD-00004670 Invoice 03/18/2025 Annual Street Rpt Service Period 7/1/24-6/30/25 03/20/2025 STATE DISBURSEMENT UNIT
INV0002278 Invoice 03/21/2025 Employee Garnishment
03/20/2025 TERMINIX PROCESSING CENTER
457115162
03/20/2025
INV0002290
03/20/2025
025-475436
025-486215
Invoice 02/07/2025
Tripepi, Smith & Associates, Inc.
Invoice 03/19/2025
Tyler Technologies, Inc
Invoice
Invoice
03/18/2025
03/18/2025
LOC# 101 PEST CONTROL SERVICES 02/07/2025
Inv 14329_retainer-March_3-15-2025
EPL July 2024
EPL Oct 2024
03/20/2025 Ultrex Management Services LLC
4316172-cal
4324935-cal
Invoice
Invoice
03/19/2025
03/19/2025
delivery charge new copier Cannabis
copier usage Cannabis 2/13/25 to 3/12/25
03/20/2025 US BANK CORPORATE PAYMENT SYSTEMS
E0100V4FS8
0010056549
00511
012225
012525
020625
021225
021825
022225
031025
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
044111-5865549 Invoice
04425-78971520 Invoice
05A6703819095 Invoice
1/27/25
1/29/25
Invoice
Invoice
111-0521226-832 Invoice
111-1423236-660 Invoice
111-2815296-664 Invoice
3/24/2025 12:44:50 PM
03/13/2025 Employee credit card charges
03/11/2025 Employee credit card charges
03/12/2025 Employee credit card charges
03/12/2025 Em ployee credit card charges
03/12/2025 Employee credit card charges
03/12/2025 Employee credit card charges
03/12/2025 Employee credit card charges
03/11/2025 Employee credit card charges
03/12/2025 Em ployee credit card charges
03/12/2025 Employee credit card charges
01/29/2025 Employee credit card charges
03/12/2025 Employee credit card charges
01/25/2025 Employee credit card charges
03/17/2025 Employee credit card charges
03/17/2025 Employee credit card charges
03/12/2025 Employee credit card charges
03/12/2025 Employee credit card charges
03/12/2025 Employee credit card charges
Date Range: 03/20/2025 - 03/20/2025
877
2731.02
2731 .02
250
250
149
149
6827.32
6827.32
34727.5
18741 .25
15986.25
87.43 15
72.43 31825.65
528
61 .76
50 69.5
82.99 29
2.99 101 .66
2.99 64.71
119.4
102
40.47 35
150
150.2
209.4
121 .56
78232
78233
78234
78235
78236
78237
78238
Pages of 11
Check Report - Detail Date Range: 03/20/2025 - 03/20/2025 111-3243820-795 Invoice 03/12/2025 Employee credit card charges 23.36 111-4554121-337 Invoice 03/12/2025 Employee credit card charges 30.98 111-4928136-444 Invoice 03/12/2025 Employee credit card charges 319.9 111 -5081290-778 Invoice 03/12/2025 Employee credit card charges 400.6 111-7011923-489 Invoice 03/12/2025 Employee credit card charges 76.11 111-7365303-289 Invoice 03/12/2025 Employee credit card charges 41.45 111-8796446-171 Invoice 03/12/2025 Employee credit card charges 543.74 112-1545421-052 Invoice 03/11 /2025 Employee credit card charges 75.49 112-5342761-786 Invoice 03/11/2025 Employee credit card charges 78.21 113-3742810-858 Invoice 03/11/2025 Employee credit card charges 77.77 113-4 755894-032 Invoice 03/12/2025 Employee credit card charges 10.86 11772165693 Invoice 03/11/2025 Employee credit card charges 377.16 1400092085 Invoice 01/28/2025 Employee credit card charges 1140.78 14205 Invoice 03/12/2025 Employee credit card charges 60 2/19/25 Invoice 03/17/2025 Employee credit card charges 158.69 2/19/25-2 Invoice 03/17/2025 Employee credit card charges 57.24 2/20/25 Invoice 03/17/2025 Employee credit card charges 1139.82 2/20/25-2 Invoice 03/17/2025 Employee credit card charges 378.94 2/21 /25 Invoice 03/17/2025 Employee credit card charges 66.82 2/21 /25-2 Invoice 03/17/2025 Employee credit card charges 1031 .82 2211061 Invoice 03/11 /2025 Employee credit card charges 200 328170 Invoice 03/11/2025 Employee credit card charges 130 35095925023400 Invoice 03/12/2025 Employee credit card charges 4.4 35CIS1980016 Invoice 03/17/2025 Employee credit card charges 35 502900335719 Invoice 03/12/2025 Employee credit card charges 153 503400005508 Invoice 03/12/2025 Employee credit card charges 49.75 80000343239979 Invoice 03/17/2025 Employee credit card charges 19.18 8337 Invoice 03/11/2025 Employee credit card charges 110.66 91864 Invoice 03/11/2025 Employee credit card charges 579 9518 Invoice 03/12/2025 Employee credit card charges 1076.02 9519 Invoice 03/12/2025 Employee credit card charges 171 .52 Amazon.521 .96 Invoice 02/20/2025 Employee credit card charges 521.96 Amazon5221054 Invoice 02/14/2025 Employee credit card charges 157.98 BP4349P799541 • Invoice 03/17/2025 Employee credit card charges 43.49 CAFresh1 .31 .25 Invoice 01/31 /2025 Employee credit card charges 66.05 CM0000090 Credit Memo 02/03/2025 Employee credit card charges -93.76 3/24/2025 12:44:50 PM Page 6 of 11
Check Report - Detail Date Range: 03/20/2025 - 03/20/2025 Costco.136.95 Invoice 02/17/2025 Employee credit card charges 136.95 DEL TINA COFFE Invoice 01/22/2025 Employee credit card charges 80 DEL TINA COFFE Invoice 02/06/2025 Employee credit card charges 80 DollarTree.16.31 Invoice 01/30/2025 Employee credit card charges 16.31 DollarTree20.30 Invoice 01/31/2025 Employee credit card charges 20.3 E. WIGGIN CONI Invoice 02/03/2025 Employee credit card charges 2.99 E0100V43E5 Invoice 03/13/2025 Employee credit card charges 874 E0100V45VD Invoice 03/13/2025 Employee credit card charges 40 E0100V45VE Invoice 03/13/2025 Employee credit card charges 192 E0100V4DB4 Invoice 03/07/2025 Employee credit card charges 30 E0100V4FQP Invoice 03/07/2025 Employee credit card charges 1415.97 E0100V4FS9 Invoice 03/13/2025 Employee credit card charges 10 ec2458774 Invoice 03/12/2025 Employee credit card charges 384.29 ESRI 950.00 Invoice 02/13/2025 Employee credit card charges 950 f80447 Invoice 03/12/2025 Employee credit card charges 97.86 Foster Donuts 25 Invoice 02/20/2025 Employee credit card charges 25.75 GARLANDS 50.9 Invoice 01/24/2025 Employee credit card charges 50.96 GB MINI STORAI Invoice 02/19/2025 Employee credit card charges 125 GrocOutlet1 .30.2! Invoice 01/30/2025 Employee credit card charges 46.36 HD WG8092943E Invoice 01/28/2025 Employee credit card charges 93.76 HD WM9750495L Invoice 02/12/2025 Employee credit card charges 412.16 imed136d3132 Invoice 03/12/2025 Employee credit card charges 143.5 INV0002185 Invoice 03/11/2025 Employee credit card charges 72.96 INV0002186 Invoice 03/11/2025 Employee credit card charges 50.47 INV0002187 Invoice 03/11/2025 Employee credit card charges 110.47 INV0002188 Invoice 03/11/2025 Employee credit card charges 21 .51 INV0002189 Invoice 03/11/2025 Employee credit card charges 39.65 INV0002190 Invoice 03/11/2025 Employee credit card charges 962.53 INV0002191 Invoice 03/11/2025 Employee credit card charges 14.42 INV0002192 Invoice 03/11/2025 Employee credit card charges 69.32 INV0002193 Invoice 03/12/2025 Employee credit card charges 359.63 INV0002194 Invoice 03/12/2025 Employee credit card charges 359.63 INV0002195 Invoice 03/12/2025 Employee credit card charges 931 .26 INV0002196 Invoice 03/12/2025 Employee credit card charges 5.74 INV0002197 Invoice 03/12/2025 Employee credit card charges 85.45 INV0002198 Invoice 03/12/2025 Employee credit card charges 28.36 3/ 24/ 2025 12:44:50 PM Page 7 of 11
Check Report - Detail Date Range: 03/20/2025 - 03/20/2025 INV0002199 Invoice 03/12/2025 Employee credit card charges 32.97 INV0002200 Invoice 03/12/2025 Employee credit card charges 66.53 INV0002201 Invoice 03/12/2025 Employee credit card charges 77.33 INV0002202 Invoice 03/12/2025 Employee credit card charges 29.23 INV0002203 Invoice 03/12/2025 Employee credit card charges 53.3 INV0002204 Invoice 03/12/2025 Employee credit card charges 30.54 INV0002205 Invoice 03/12/2025 Employee credit card charges 6.5 INV0002206 Invoice 03/12/2025 Employee credit card charges 23.6 INV0002207 Invoice 03/12/2025 Employee credit card charges 195.75 INV0002208 Invoice 03/12/2025 Employee credit card charges 113.42 INV0002209 Invoice 03/12/2025 Employee credit card charges 21 .99 INV0002210 Invoice 03/12/2025 Employee credit card charges 142.17 INV0002211 Invoice 03/12/2025 Employee credit card charges 9.76 INV0002212 Invoice 03/12/2025 Employee credit card charges 56.6 INV0002213 Invoice 03/12/2025 Employee credit card charges 962.53 INV0002214 Invoice 03/12/2025 Employee credit card charges 812.58 INV0002215 Invoice 03/12/2025 Employee credit card charges 6.9 INV0002216 Invoice 03/12/2025 Employee credit card charges 31 .01 INV0002217 Invoice 03/12/2025 Employee credit card charges 6.05 INV0002218 Invoice 03/12/2025 Employee credit card charges 10.75 INV0002219 Invoice 03/12/2025 Employee credit card charges 8 INV0002220 Invoice 03/12/2025 Employee credit card charges 61.44 INV0002221 Invoice 03/12/2025 Employee credit card charges 2.89 INV0002222 Invoice 03/12/2025 Employee credit card charges 46.67 INV0002223 Invoice 03/12/2025 Employee credit card charges 36.8 INV0002224 Invoice 03/12/2025 Employee credit card charges 653.37 INV0002225 Invoice 03/12/2025 Employee credit card charges 3.75 INV0002226 Invoice 03/12/2025 Employee credit card charges 7.9 INV0002227 Invoice 03/12/2025 Employee credit card charges 50 INV0002228 Invoice 03/12/2025 Employee credit card charges 4.09 INV0002229 Invoice 03/12/2025 Employee credit card charges 955.07 INV0002230 Invoice 03/12/2025 Employee credit card charges 43.96 INV0002231 Invoice 03/12/2025 Employee credit card charges 7.52 INV0002232 Invoice 03/12/2025 Employee credit card charges 29.65 INV0002233 Invoice 03/12/2025 Employee credit card charges 4 INV0002234 Invoice 03/12/2025 Employee credit card charges 10.7 3/ 24/ 2025 12:44:50 PM Page 8 of 11
Check Report - Detail Date Range: 03/20/2025 - 03/20/2025 INV0002235 Invoice 03/12/2025 Employee credit card charges 10 INV0002236 Invoice 03/12/2025 Employee credit card charges 7.5 INV0002237 Invoice 03/12/2025 Employee credit card charges 32.99 INV0002238 Invoice 03/12/2025 Employee credit card charges 4.25 INV0002239 Invoice 03/12/2025 Employee credit card charges 5.12 INV0002240 Invoice 03/12/2025 Employee credit card charges 232 INV0002241 Invoice 03/12/2025 Employee credit card charges 202.5 INV0002242 Invoice 03/12/2025 Employee credit card charges 5.43 INV0002243 Invoice 03/12/2025 Employee credit card charges 544 INV0002244 Invoice 03/12/2025 Employee credit card charges 29 INV0002245 Invoice 03/12/2025 Employee credit card charges 29.99 INV0002246 Invoice 03/12/2025 Employee credit card charges 250 J. GARCIA CONt Invoice 02/13/2025 Employee credit card charges 2.99 JERSEY MIKES I Invoice 02/21/2025 Employee credit card charges 61 .35 NISSHA MEDIC.A Invoice 02/03/2025 Employee credit card charges 602.69 NobuHawaiianBB Invoice 01/30/2025 Employee credit card charges 483.94 PartyCity2.5.25 Invoice 02/05/2025 Employee credit card charges 172.64 RRefresh.29. 98 Invoice 02/21/2025 Employee credit card charges 29.98 RRefresh107.66 Invoice 02/06/2025 Employee credit card charges 107.66 Smart&Final1.30. Invoice 01/31/2025 Employee credit card charges 26.98 SMITTY'S 31633: Invoice 01/30/2025 Employee credit card charges 745 TERMINIX 01 /241 Invoice 01/24/2025 Employee credit card charges 132 TMS EQUIPMEN Invoice 01/30/2025 Employee credit card charges 3791 .03 Trader Joes 55.0! Invoice 03/12/2025 Employee credit card charges 55.05 Walmart. 71 .06 Invoice 01/30/2025 Employee credit card charges 71 .06 03/20/2025 Vestis Group, Inc 1837.31 78250
5020630352 Invoice 09/02/2024 UNIFORM SERVICES 200.21
5020635236 Invoice 09/09/2024 UNIFORM SERVICES 200.21
5020640089 Invoice 09/16/2024 UNIFORM SERVICES 200.21
5020644961 Invoice 09/23/2024 UNIFORM SERVICES 200.21
5020649415 Invoice 09/30/2024 UNIFORM SERVICES 200.21
5020731420 Invoice 01/27/2025 UNIFORM SERVICES 188.35
5020735868 Invoice 02/03/2025 UNIFORM SERVICES 157.02
5020746243 Invoice 02/17/2025 UNIFORM SERVICES 296.07
5020750891 Invoice 03/17/2025 UNIFORM SERVICES 194.82
03/20/2025 Vital Records Holdings, LLC 200.84 78253
3/ 24/ 2025 12:44 : 50 PM Page 9 of 11
Check Report - Detail Date Range: 03/20/2025 - 03/20/2025 4774457 Invoice 03/18/2025 Document storage March 2025 200.84 03/20/2025 Water Systems Consulting Inc. 3025.52 78254
10648-GB Invoice 02/28/2025 NCMA STAFF EXTENSION SERVICES THRU 02/28/2( 3025.52 3/ 24/ 2025 12:44:50 PM Page 10 of 11
Check Report • Summary Date Range: 03/20/2025 • 03/20/2025 All Bank Codes Check Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 258 52 0.00 981 ,379.21
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
258 52 0.00 981,379.21
3/24/2025 12:44:50 PM Page 11 of 11
City of Grover Beach, CA
UBPKT01117 • Refunds 2 UBPKT01116 Disconnect
C OU
02-2724-01
Total Refunds: 1
3/ 20/ 2025 10 :38 :57 AM
Nam
FOUNDATION, NATIONAL GIFT ANNUITY 3/20/ 2025
Account Number
Fund: 601 - Water Fund
601-000-10001-000
601-000-11110-000
Fund: 999 - Pooled Cash
999-000-10000-000
999-000-25100-000
78186
Total Refunded Amount:
Account Name
Claim On Ca sh
Accounts Receivable Water
Cash In Bank
Due To Other Funds
65.39 Revenue Total:
601 Total:
999 Total:
Distribution Total:
A n 65.39
65.39 Posting Amount
-65.39
65.39 0.00
-65.39
Ye s
65.39 Yes
0.00 0.00
Refund Check Register
Refund Check Detail
65.39 Generated From Billing
Revenue Code Summary
General Ledger Distribution Posting Date: 03/20/ 2025
City of Grover Beach, CA
UBPKT0111B • Refunds 1 UBPKT01116 Disconnect
ccoun
01-0503-01
01-1194-00
Total Refunds: 2
3/ 20/ 2025 10: 41 : 56 AM
am
8ffiENCOURT, KRISTIN
WALLACE, STELLA C
3/20/ 2025
3/20/ 2025
78187
78188
Total Refunded Amount:
evenu Co
996 - UNAPPLIED CREDITS
Account Number Account Name
Fund: 601 - Water Fund
601-000-10001-000 Claim On Cash
601-000-11110-000 Accounts Receivable Water
Fund: 999 - Pooled Cash
999-000-10000-000 Cash ln Bank
999-000-25100-000 Due To Other Funds
793.49
Revenue Total:
601 Total:
999 Total:
Distribution Total:
A unt
793.49
793.49
Posting Amount
-793 .49
793 .49
0.00 -793 .49
R
IFT
Yes
793 .49 Yes
0.00 0.00
Refund Check Register
Refund Check Detail
Generated From Billing
0.41 Deposit
Revenue Code Summary
General Ledger Distribution
Posting Date: 03/20/ 2025
ACCOUNTS PAYABLE
CHECK DATE 3/27/2025
L
03/27/2025
4C007745
4C007746
4C007747
03/27/2025
250220-1
03/27/2025
City of Grover Beach
154 S. 8th Street
Grover Beach, CA 93433
4Creeks Inc
Invoice 02/20/2025
Invoice 02/20/2025
Invoice 02/20/2025
AKA Engineering Company
Invoice 03/06/2025
AMAZON CAPITAL SERVICES
1 T J3-N9PP-VDC! Invoice 03/19/2025
1 XHY-3DKK-W6\ Invoice 03/26/2025
03/27/2025 Angie Kunkleman
INV0002297 Invoice 03/26/2025
03/27/2025 Anna Lanier
CFS.032025.Ann. Invoice 03/26/2025
03/27/2025 AT&T
000023229702 Invoice 03/26/2025
03/27/2025 AT&T
3/7/25 Invoice 03/26/2025
03/27/2025 Brenda Lester
2001047.002 Invoice 03/26/2025
~ - --- - ---
Check Report
By Check Number
Date Range: 03/ 27/2025 - 03/27/2025
891 78257
261 ROCKAWAY INSPECTION SERVICES THROUGH 377
153 N 16TH STREET SITE PLAN REVIEW SERVICES 217
1102 SEABRIGHT SITE PLAN SERVICES THRU JAN: 297
8632 78258
2295-18 ENGINEERING SERVICED THROUGH FEB 21 8632
140.3 78259
CORP YARD SUPPLIES & CH KITCHEN SUPPLIES 73.42
Office Supplies for Admin Services 66.88
61 .13 78260
Refund for Feb 2025 STR Double Payment ID #1184 61 .13
2390.5 78261
CFS.032025.Anna Tiny Tos 2390.5
2280.62 78262
City Hall Telephones 2/25/-3/24/25 2280.62
126.36 78263
Alarm Circuits 3/7/25-4/6/25 126.36
87 78264
2001047.002 16th 3/22/25 LesterB SDRfd 87
03/27/2025 Capital Industrial Medical Supply Co. 53.67 78265 175262 Invoice 02/06/2025 LOC# 107 SAFETY SUPPLIES FOR FIRST AID KIT 53.67 03/27/2025 Central Coast Balboa 556.5 78266
CFS.032025 Invoice 03/26/2025 CFS.032025 Balboa Swing Lesson/Social 556.5 03/27/2025 Charlotte L Ritter 318.5 78267
CFS.032025 Invoice 03/26/2025 CFS.032025 Dance Fitness, Multi, Ballet 318.5 03/27/2025 City of Fresno 580.98 78268
20008377 Invoice 03/26/2025 motorcycle rental Ramirez 6 days training 580.98 03/27/2025 COBB TREE'S INC. 3450 78269
02-00103999 Invoice 03/14/2025 4 PINE TREE REMOVAL FROM HILLCREST TANK Sil 3450 3/ 28/ 2025 2: 01: 08 PM Page 1 of 4
Check Report - Detail
03/27/2025
589706759
03/27/2025
589520595
03/27/2025
CFS.032025
03/27/2025
51190
51191
51192
51193
03/27/2025
672.011-4
03/27/2025
INV0002294
DE LAGE LANDEN
Invoice 03/26/2025
DE LAGE LANDEN
Invoice 03/26/2025
Doomsday Skate, LLC
Invoice 03/26/2025
EXECUTIVE JANITORIAL INC.
Invoice
Invoice
Invoice
Invoice
03/20/2025
03/20/2025
03/20/2025
03/20/2025
GSI Water Solutions, Inc
Invoice 03/13/2025
Kathleen Mccorry-Driscoll
Invoice 03/26/2025
Laserfiche lease 3/15/25 to 4/14/25 Records
copier setup fee Cannabis
CFS.032025 Roller Fitness & Flow 03.2025
LOC# 107 CORP YARD JANITORIAL SERVICES MAR
LOC# 100 & 101 JANITORIAL SERVICES MARCH 202
LOC# 103 TRAIN STATION JANITORIAL SERVICES IV
51193 RGP & GBCC monthly cleaning 03/2025
NCMA 2024 ANNUAL REPORT SERVICES THROUGH
Mccorry-Driscoll Reimbursement_Cal Cities Mtg
03/27/2025 Kawagoe, Kent M. PH.D., Licensed Psychologist FEB2025 Invoice 03/26/2025 Psych Dominique lraci
03/27/2025 Kristopher Doe
CFS.032025 Invoice 03/26/2025 CFS.032025 Paint class 3/21/25 - 6/6/25 pmt1 03/27/2025 Michael K. Nunley & Associates, Inc.
001050002327 Invoice 03/03/2025 191 S. OAK PARK INFRASTRUCTER REVIEW THRU I 001050002328 Invoice 03/03/2025 261 ROCKAWAY INFRASTRUCTURE REVIEW THRU 03/27/2025 Miss Marisa Esquivel
20010148.002 Invoice 03/26/2025 20010148.002 GHUp&Low R3434 3/22/25 Esquivel SDF 03/27/2025 O'REILL Y'S AUTOMOTIVE INC
3025-416502 Invoice 03/26/2025 Unit 218 Radar Trailer battery 03/27/2025 PACIFIC GAS AND ELECTRIC
107 4697152-9-25 Invoice 03/26/2025 Public Works & Parks Electric 2/19/25-3/16/25 03/27/2025 Papich Construction Company Inc 20240716-8086 Invoice 09/04/2024 2287 RETENTION THROUGH 07/31/2024
03/27/2025 PHELAN KATHRYN
CFS.032025 Invoice 03/26/2025 CFS.032025 Tai Chi & Balance class 3/ 28/ 2025 2: 01: 08 PM
Date Range: 03/27/2025 - 03/27/2025
108.74
108.74
240.34
240.34
350
350
6965
270
2845
2860
990
13411 .05
13411 .05
291.95
291 .95
350
350
621 .13
621 .13
1171 .75
785.5
386.25
87 87
201 .24
201 .24
26381.8
26381 .8
43096.02
43096.02
350
350
78270
78271
78272
78273
78274
78275
78276
78277
78278
78279
78280
78281
78282
78283
- - - - --- - - - - -- ------ ----
Check Report - Detail
03/27/2025 PHOENIX GROUP INFORMATION SYSTEMS
022025203 Invoice 03/26/2025 citation services Feb 2025 03/27/2025 Psomas
219100 Invoice 03/12/2025 CIP 6002 PROF. SERVICES THROUGH FEB 2025 03/27/2025 SAN LUIS OBISPO CO SHERIFF'S OFFICE
136-512 Invoice 03/26/2025 Dispatch Services FY 24/25 payment #2 03/27/2025 SAN LUIS OBISPO COUNTY SHERIFF-CORONER / CRIME LAB cs-0225-05 Invoice 03/26/2025 drug test 9 cases Dec 2024 03/27/2025 SANDY MERSHON
CFS.032025.San, Invoice 03/26/2025 CFS.032025.Sandy Tiny Tots 03/27/2025 Shawna Webb
2001049.002 Invoice 03/26/2025 2001049.002 16th 3/15/25 Webb S SDRfd 03/27/2025 SIJ Holdings, LLC Dba MCCLATCHY SHARED SVCS LLC INV0002295 Invoice 03/26/2025 Tribune Inv 286465_CDBG Legal Ad_ 1-31-2025 03/27/2025 South County Family Educational & Cultural Center/ INV0002296 Invoice 03/26/2025 Exploration Discovery Center_Rain Barrels 03/27/2025 SOUTH SAN LUIS OBISPO CO. SANITATION DISTRICT INV0002293 Invoice 03/25/2025 PASS THRU FEES FOR FEB 2025 03/27/2025 SOUTHERN CALIF GAS CO
3/11 /25 Invoice 03/26/2025 Gas charges for City Facilities 2/9/25-3/10/25 03/27/2025 Sun Badge Co
Invoice 03/26/2025 slimline case, 7 badges
03/27/2025 Thomas Michael Pryor, Sr & Jutta Pryor
April2025 Invoice 03/26/2025 rent 45 Newport April 2025 03/27/2025 Tyler Technologies, Inc
025-500960 Invoice 03/27/2025 ERP PRO CRM AND ICD FEB 25 03/27/2025 Ultrex Management Services LLC
4322499-CAL Invoice 03/26/2025 Sharp/MX-5071 2/13/25-3/12/25 4327044-cal Invoice 03/26/2025 copier useage 2/20/25 to 3/19/25 Records 3/ 28/ 2025 2:01 :08 PM
Date Range: 03/27/2025 - 03/27/2025
864.2
864.2
1612.5
1612.5
331396.5
331396.5
522
522
2691.5
2691 .5
87 87
714.56
714.56
200
200
126845.65
126845.65
1130.11
1130.11
1226.92
1226.92
9286.85
9286.85
1645.75
1645.75
569.44
514.06
55.38 78284
78285
78286
78287
78288
78289
78290
78291
78292
78293
78294
78295
78296
78297
- ------- - ----
Check Report - Summary Date Range: 03/27/2025 - 03/27/2025 All Bank Codes Check Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 49 41 0.00 591 ,987.56
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
49 41 0.00 591,987.56
3/28/2025 2:01 :08 PM Page 4 of 4
City of Grover Beach, CA
UBPKT01138 • Refunds 1 UBPKT01136 Disconnect
01-1352-03
01-2369-02
Total Refunds: 2
D
WOLFF, AARON
BODY, DAVID & KATHRYN
3/27/2025
3/27/ 2025
78255
78256
Total Refunded Amount:
Revenue Code
996 - UNAPPLIED CREDITS
Account Number Account Name
Fund: 601 - Water Fund
601-000-10001--000 Claim On Cash
601-000-11110--000 Accounts Receivable Water
Fund: 999 • Pooled Cash
999-000-10000-000 Cash In Bank
999-000-25100-000 Due To Other Funds
406.45
Revenue Total:
601 Total:
999 Total:
Distribution Total:
3/ 27/ 2025 1 :OS : 16 PM
Cod
Amoun
406.45
406.45
Posting Amount
-406.45
406.45
0.00 -406.45
IFT
Yes
406.45 Yes
0.00 0.00
Refund Check Register
Refund Check Detail
Generated From Billine
128.45 Generated From Billing
Revenue Code Summary
General Ledger Distribution
Posting Date: 03/27/2025
DESCRIPTION OF RESOURCES AMOUNT
Balance from February 28, 2025 $ 1,887,864.28
Deposit from Interest 3/31/2025 7,387.96
Total Resources $ 1,895,252.24
DESCRIPTION OF EXPENDITURES AMOUNT
Transfers for Staff Time:
Payroll Expenses 15,134.14
Transfers for Construction:
Accounts Payable Expenses 8,632.00
Total Expenditures $23,766.14
Cash Balance as of March 31, 2025 $ 1,871,486.10
Respectfully,
Micheal Flores
Finance Manager
CITY OF GROVER BEACH
2022 STREETS BOND ACCOUNT ($10,000,000)
Treasurer's Report for April 28, 2025 City Council Meeting March 1, 2025 to March 31, 2025
Agenda Item No. 5
MINUTES
CITY COUNCIL MEETING
MONDAY, APRIL 14, 2025
CALL TO ORDER Mayor Dee called the meeting to order at 6:00 p.m. in the City Hall Council Chamber, 154 South Eighth Street, Grover Beach, California.
FLAG SALUTE The flag salute was led by Riley Wyckoff-VanLeeuwen, a 12-year-old, 6th grade student at Grover Beach Elementary School.
ROLL CALL
City Council: Council Members Jules Tuggle, Clint Weirick, Mayor Pro Tem Robert Robert and Mayor Kassi Dee were present. Kathy McCorry-Driscoll was not in attendance.
City Staff: City Manager Matthew Bronson, Assistant City Manager Kristin Eriksson, City Attorney Rob Lomeli, City Clerk Wendi Sims, Police Chief Jim Munro, Public Works Director/City Engineer Greg Ray, Administrative Services Director Nick Szamet, Community Development Director Megan Martin, Finance Manager Micheal Flores, and Associate Planner Janet Reese.
CLOSED SESSION ANNOUNCEMENTS
On Monday, March 24, 2025, at 8:28 p.m., the Council met in Closed Session regarding the following items:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code section 54956.9
One (1) Case.
Closed Session Announcements: At 9:45 p.m., Mayor Dee reconvened the meeting in open session with all Council Members present and announced there were no reportable action taken during Closed Session.
AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as presented.
CEREMONIAL CALENDAR
1. Proclamation for Dating and Domestic Violence Awareness Month read by Council Member Tuggle and will be mailed to Lumina Alliance.
2. Proclamation for National Community Development Week read by Mayor Pro Tem Robert and accepted by Community Development Director Martin and Associate Planner Reese.
PRESENTATIONS
None.
Agenda Item No. 6
Minutes: City Council Meeting Page 2
Monday, April 14, 2025
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
• Taryn Hensley
• Brenda Auer
• Loren Westphal
• David Swift
• Debbie Peterson
• Ron Arnoldsen
• Randall Myrick
• Johanna Rubble
• Terri Randolph
No additional public comments were received at this time and the Mayor closed the public comment portion of the meeting.
CONSENT AGENDA
Prior to consideration of the Consent Agenda, Mayor Dee opened public comment. • Brenda Auer
• Loren Westphal
• Debbie Peterson
• David Swift
• Pamela Storton
There being no additional public comments received; Mayor Dee closed public comment.
It was motioned by Mayor Dee and seconded by Council Member Weirick to approve Consent Agenda Item No.’s 3, 4, 5, and 6 as recommended. The motion carried on the following roll call vote:
AYES: Council Members – Tuggle, Weirick, Mayor Pro Tem Robert and Mayor Dee NOES: Council Members – None.
ABSENT: Council Members – McCorry-Driscoll.
ABSTAIN: Council Members – None.
3. Minutes of the City Council Meeting on Monday, March 24, 2025 Action: Approved the minutes as submitted.
4. Award of Construction Contract: Ramona Garden Park Phase 1 and 2 Action: Awarded a contract for construction of CIP 1259 Ramona Garden Park Phases 1 and 2, to Quincon, Inc. in the amount of $2,564,133; and authorized the City Manager to sign and affirm construction change orders up to an aggregate of $260,000; and authorized the Mayor to execute the contract on behalf of the City.
Minutes: City Council Meeting Page 3
Monday, April 14, 2025
5. Authorization to Purchase Ramona Garden Park Bandshell Action: Authorized a purchase order in the amount of $130,533.55 for the bandshell associated with the Ramona Garden Park Rehabilitation Project, Phases 1 and 2 (CIP 1259).
6. Approval of Final Subdivision Map, Condominium Map, Covenant, Conditions, and Restrictions, and Subdivision Improvement Agreement for Development Application 23-50 (197 West Grand Avenue)
Action: Approved the Resolution No. 25-10 for the Final Subdivision Map (TR-3233) for Development Application 23-50 (197 West Grand Avenue), Condominium Map, Covenant, Conditions, and Restrictions (CC&Rs), Subdivision Improvement Agreement; and authorized the City Clerk to sign and record the map; and directed the City Manager to enter into a Subdivision Improvement Agreement with the applicant (GB Trinity, LLC).
Resolution No. 25-10: A Resolution of the City Council of the City of Grover Beach, California Approving Final Tract Map No. 3233 and Condominium Plan and Authorizing the City Clerk to Record Final Tract Map No. 3233 -197 West Grand Avenue/ Trinity Subdivision (Applicant: GB Trinity, LLC.)
PUBLIC HEARING
7. Annual Master Fee Schedule Update
Mayor Dee read the title of the foregoing item and deferred to staff for a report.
Finance Manager Flores presented a PowerPoint presentation on the Annual Master Fee Schedule update.
Mayor Dee opened the public hearing and invited public comment on this matter. No comments were received at this time and the Mayor closed the public hearing.
Action: It was motioned by Council Member Weirick and seconded by Council Member Tuggle to adopt Resolution No. 25-11 updating the Citywide Master Fee Schedule approving cost increases based on the Consumer Price Index and other changes to become effective July 1, 2025. The motion carried on the following roll call vote:
AYES: Council Members – Tuggle, Weirick, Mayor Pro Tem Robert and Mayor Dee NAYS: Council Members – None.
ABSENT: Council Members – McCorry-Driscoll
ABSTAIN: Council Members – None.
Resolution No. 25-11: A Resolution of the City Council of the City of Grover Beach, California Amending the Master Fee Schedule.
Minutes: City Council Meeting Page 4
Monday, April 14, 2025
REGULAR BUSINESS:
8. West Grand Ave Business Grant Award Recipients
Mayor Dee read the title of the foregoing item and deferred to staff for a report.
City Manager Bronson reviewed the process and presented the recommended winners of the West Grand Avenue Business Grand awards.
Mayor Dee invited public comment on this matter.
• Debbie Peterson
• Brenda Auer
No additional comments were received at this time and the Mayor closed public comment.
Action: It was motioned by Mayor Pro Tem Robert and seconded by Council Member Weirick to adopt Resolution No. 25-12 approving the list of recipients recommended for the West Grand Avenue business grant program and directed staff to disburse funds to recipients by April 30, 2025. The motion carried on the following roll call vote:
AYES: Council Members – Tuggle, Weirick, Mayor Pro Tem Robert and Mayor Dee NAYS: Council Members – None.
ABSENT: Council Members – McCorry-Driscoll
ABSTAIN: Council Members – None.
Resolution No. 25-12: A Resolution of the City Council of the City of Grover Beach, California, Approving Recipients for a one-time Business Assistance Grant Program for Businesses Impacted by the West Grand Avenue Streetscape Project RECESSED: At 7:06 p.m., Mayor Dee requested a break, upon the consensus of the City Council the meeting was recessed.
RECONVENED: At 7:15 p.m., the meeting was reconvened with all members of Council present.
9. Authorization of Proposition 218 Noticing and Hearing for Wastewater Utility Rate Increase
Mayor Dee read the title of the foregoing item and deferred to staff for a report.
Administrative Services Director Szamet presented a PowerPoint presentation on the Proposition 218 wastewater utility rate increase process.
Minutes: City Council Meeting Page 5
Monday, April 14, 2025
Mayor Dee invited public comment on this matter.
• Brenda Auer
• Loren Westphal
• Jeff Chambers
• Debbie Peterson
• Randall Myrick
• David Swift
• Krista Jeffries
• Pamela Storton
No further comments were received at this time and the Mayor closed public comment.
Action: Council received and filed the final Wastewater Utility Rate Study and authorized staff to commence a Proposition 218 noticing process and schedule a public hearing on June 9, 2025. to consider increases to the City’s wastewater utility rates and the addition to changing the meeting start time to 5:30 p.m.
COUNCIL COMMITTEE REPORTS
A. Council Member Tuggle reported on the SLO County Water Resources Advisory Committee (WRAC) meeting and the South County Chambers of Commerce (SCCC) meeting
B. Council Member Weirick stated he attended the League of California Cities Community Services Policy Committee meeting.
C. Mayor Pro Tem Robert discussed the Air Pollution Control District (ACPD) meeting.
D. Mayor Dee reported on the South SLO County Sanitation District (SSLOCSD) and the SLO Council of Governments (SLOCOG) meetings.
COUNCIL COMMUNICATIONS
Council Member Tuggle requested more information from staff regarding FHA and Veterans loans referring to public comments made during the Consent Agenda on Item 6 and she asked questions on the homeless issues on Margarita Avenue.
Mayor Pro Tem Robert noted the Exploration Discover Center event is on April 27th and the first 20 people will receive a 55-gallon drum for water collection. He questioned whether the City could put up fencing around the Margarita Avenue area or if there is consensus from Council to bring this item back to Council for further discussion.
City Manager Bronson suggested a Homelessness Update at a future Council meeting, including the Margarita Avenue area and Council agreed with this suggestion.
Minutes: City Council Meeting Page 6
Monday, April 14, 2025
Mayor Dee stated she is excited for the April 27th event at the Exploration Discovery Center and that she joined the Grover Beach Police Department and the Grover Beach Elementary School Ice Cream Bike Posse. She thanked the residents for the Bunny Blast event and the Grover Beach Rotary who painted the fence at Costa Bella Park. She also, mentioned a few businesses who have some anniversaries - Empower Yoga – 3 years and Coastal Vibes – 1 year.
Council Member Weirick stated he noticed it is Tacos de Acapulco’s 30-year anniversary this year.
CITY MANAGER’S REPORT AND COMMENTS
City Manager Bronson mentioned our next City engagement is Coffee with Council on Thursday, April 24th from 9:00 am – 10:30 am at Red Bee Coffee and the one-page summary of our Strategic Plan with hard copies available at city hall and online. He also gave kudos to the Grover Beach Police Department and Five Cities Fire Authority for their work on a recent residential fire.
CLOSED SESSION
None.
There being no further business to come before the City Council, Mayor Dee adjourned the meeting at 8:19 p.m.
_____________________________
KASSI DEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 7
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 28, 2025 FROM: Matthew Bronson, City Manager
PREPARED BY: Megan Martin, Community Development Director Scott Hallett, Chief, Five Cities Fire Authority
SUBJECT: First Reading and Introduction of an Ordinance Amending the Grover Beach Municipal Code to Incorporate the Updated State Fire Hazard Severity Zone Maps Released by California Department of Forestry and Fire Protection
RECOMMENDATION
Conduct the first reading, by title only, and introduce an Ordinance adopting Chapter 8 (Fire Hazard Severity Zones) of Article VI (Public Safety) of the Grover Beach Municipal Code to formally adopt the updated Fire Hazard Severity Zone (FHSZ) maps as required by California Government Code Section 51179(a) and schedule a public hearing and second reading to adopt the Ordinance at the next regularly scheduled City Council meeting.
BACKGROUND
The California Department of Forestry and Fire Protection (CAL FIRE) recently released updated Fire Hazard Severity Zone (FHSZ) maps for Local Responsibility Areas (LRA), marking the first revision in these maps since 2011. The maps classify areas into “Moderate,” “High,” and “Very High” fire hazard zones based on factors such as vegetation density, topography, and weather patterns. The purpose of these maps is to identify areas at greater wildfire risk and ensure local jurisdictions implement appropriate building standards, defensible space requirements, and fire mitigation measures.
The updated FHSZ maps reflect the latest wildfire science and data to more accurately assess and designate fire hazard zones across California. The updates were driven by several factors, including the impacts of climate change, with increased temperatures, prolonged droughts, and shifting weather patterns intensifying wildfire risks. The new maps also feature more accurate modeling, incorporating improved computer simulations, fire behavior predictions, and detailed fuel data, resulting in more precise hazard designations. Additionally, population growth and development near wildland areas prompted a reassessment of fire risks, as expanding urban areas face greater exposure to wildfire threats. Finally, the updates ensure compliance with California Government Code Section 51178, which mandates CAL FIRE to periodically review and revise FHSZ maps to maintain accuracy and relevance.
Under State law, local governments are required to formally adopt these maps by ordinance within 120 days of receipt of the map (Government Code Section 51179(a)). If necessary, cities must apply applicable fire safety regulations to new development and existing properties in designated zones.
Staff Report: Updated Fire Hazard Severity Zone Maps Page 2 April 28, 2025
Local Authority
The Five Cities Fire Authority (FCFA) is the local fire protection agency serving Grover Beach, Arroyo Grande, and Oceano. While CAL FIRE is responsible for creating and updating the FHSZ maps, FCFA plays a supporting role by:
• Providing local expertise and input during the review process, particularly regarding fire response capabilities, evacuation planning, and local fire risks. • Assisting with public education and outreach, helping residents understand the map designations and fire safety requirements.
• Enforcing fire safety regulations in alignment with the California Fire Code (CFC), regardless of the FHSZ classifications.
Although FCFA does not create or approve the FHSZ maps, FCFA collaborates with the Community Development Department to review the designations and assess any potential impacts on local fire safety policies, codes, and development standards.
Updated Fire Hazard Severity Zone Maps
The FCFA and the Community Development Department reviewed the updated Grover Beach FHSZ maps (Attachment 2) to assess whether any updates to City codes, planning documents, fire policies, or regulations were necessary. Based on the updated maps, no areas within the city limits are designated as High or Very High fire hazard zones. Properties in north Grover Beach previously designated as High or Moderate fire hazard zones no longer carry a fire hazard designation while properties along the coastline formerly classified as High or Moderate are now entirely designated as being within a Moderate fire hazard zone.
Since the High fire hazard designations have been removed, the impact on development and property owners is negligible. The remaining Moderate zones along the coastline do not trigger any new, specific building requirements beyond the existing California Building Code (CBC) and CFC regulations. As a result, no immediate action is required from property owners or developers, as the current fire safety standards already provide sufficient protection.
Recommendation
Although no new building requirements or changes to development standards are triggered by the updated map, the City Council must adopt an ordinance recognizing the new FHSZ designations. Under Government Code Section 51179, a local agency has certain options regarding the FHSZ map and the designation of fire hazard areas within its jurisdiction including:
(1) Adopt the State’s FHSZ Designations, and (2) Add areas to the FHSZ Map if it believes certain areas, not identified as Very High, High, or Moderate by the State Fire Marshal, should be designated as such.
Staff recommends that the Council adopt the State’s FHSZ Designations without modification as part of the public hearing and second reading of the Ordinance on May 12. The proposed Ordinance attached hereto as Attachment 1, reflects this recommendation.
Public Comment Process
Residents and property owners with questions or concerns can view the updated and interactive maps online at LRA FHSZ - Access Map | LRA FHSZ - Hub Site Application. Questions about the FHSZ maps can be directed to CAL FIRE at (916) 653-5123 or [email protected] while Staff Report: Updated Fire Hazard Severity Zone Maps Page 3 April 28, 2025
questions specific to local development standards, permitting, or how the map designations affect their property can be directed to the Community Development Department at (805) 473-4520 or [email protected]. Property owners or developers with questions regarding FHSZ, fire safety regulations, or defensible space requirements can contact the Five Cities Fire Authority at (805) 473-5490 or [email protected]. Residents who wish to provide input on the FHSZ maps can submit comments directly to CAL FIRE through the website or contact the City of Grover Beach Community Development Department or FCFA.
Pending Council adoption of the Ordinance, the City must submit a copy to the State Board of Forestry and Fire Protection (Board of Forestry) within 30 days. The City must also post a notice identifying the location of the updated or amended FHSZ map at the County of San Luis Obispo Clerk Recorder, County Assessor, and County Planning and Building Department.
FISCAL IMPACT
There is no direct fiscal impact associated with adoption of this ordinance to incorporate the FHSZ maps.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct the first reading, by title only, and introduce an Ordinance adopting Chapter 8 (Fire Hazard Severity Zones) of Article VI (Public Safety) of the Grover Beach Municipal Code to formally adopt the updated Fire Hazard Severity Zone maps required by Government Code Section 51178.5 and schedule a public hearing and second reading to adopt the Ordinance at the next regularly scheduled City Council meeting; or
2. Do not conduct first reading, by title only, and introduce Ordinance; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. In compliance with Government Code Section 51178.5 City staff published the updated FHSZ maps on March 24, 2025 on the City’s website and made them available for public review at City Hall. A courtesy notice was sent to affected property owners on March 28, 2025 (Attachment 5).
Attachments
1. Draft Ordinance
2. 2025 Updated Local Fire Hazard Severity Map
3. CAL FIRE Fire Hazard Severity Zones Fact Sheet
4. 2011 Fire Hazard Severity Map (Grover Beach Safety Element)
5. Example Courtesy Notice
ORDINANCE NO. 25-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA ADOPTING CHAPT4ER 8 (FIRE HAZARD SEVERITY ZONES)
OF ARTICLE VI (PUBLIC SAFETY) OF THE GROVER BEACH MUNICIPAL
CODE TO DESIGNATE LOCAL FIRE HAZARD SEVERITY ZONES
WHEREAS, the State Fire Marshal is responsible for identifying areas in the State as ‘Moderate’, ‘High’, and ‘Very High’ severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas; and, WHEREAS, the California Department of Forestry and Fire Protection (CAL FIRE) released updated Fire Hazard Severity Zone (FHSZ) maps to the City of Grover Beach (the “City”) on March 10, 2025, designating areas within the City of Grover Beach (the “City”) as being in ‘Moderate’ fire hazard zones; and,
WHEREAS, in accordance with Government Code Section 51178.5, the City posted the FHSZ maps for public review and comment within 30 days of receiving the updated FHSZ maps; and,
WHEREAS, the City posted the FHSZ maps electronically to the City’s website, placed a hard copy to the City Hall bulletin board, and mailed courtesy notices to affected property owners for public review; and,
WHEREAS, under California Government Code Section 51179(a), the City is required to adopt the updated FHSZ maps by ordinance within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178, and transmit a copy to the State Board of Forestry and Fire Protection (Forestry Board) pursuant to Government Code Section 51179(c); and,
WHEREAS, adoption of the updated FHSZ maps will promote public safety, ensure compliance with State law, and ensure current fire hazard assessments are reflected in local planning and regulatory processes; and,
WHEREAS, the City Council hereby designates the FHSZ as recommended by CAL FIRE pursuant to Government Code Section 51178.
NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, AS FOLLOWS:
Section 1. Section 6800 of Chapter 8 (“Fire Hazard Severity Zones”) of Article VI (“Public Safety”) of the Grover Beach Municipal Code is hereby adopted to read as follows:
Sec. 6800. Fire Hazard Severity Zones.
The City Council hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code section 51178.
The map, approved by the City, is hereby incorporated by reference, and entitled “City of Grover Beach Fire Hazard Severity Zones.”
Attachment 1
Ordinance No. 25-XX Page 2 of 2
The official map is located electronically on the following website:
https://www.fivecitiesfireauthority.org/fire-hazard-severity-zones, and a hard copy can be made available at 154 S. 8th Street, Grover Beach, California, 93433.
SECTION 2. SEVERABILITY.
Each provision of this ordinance is severable, and the invalidity of any section or part thereof shall not affect the validity of its other provisions.
SECTION 3. EFFECTIVE DATE.
This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
SECTION 4. PUBLICATION.
Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.
INTRODUCED at a regular meeting of the City Council held on April 28, 2025, and PASSED, APPROVED, and ADOPTED by the City Council on ___________, on the following roll call vote to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
KASSI DEE, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
Approved as to Form
ROBERT LOMELI, CITY ATTORNEY
City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:16,000 at 11" x 17"
Km 0 0.2 0.4 0.6 0.8 1 1.2
Mi 0 0.2 0.4 0.6 0.8
High Moderate
Fire Hazard Severity Zones in State Responsibility Area (SRA), Effective April 1, 2024
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Grover Beach
S 5th St
S 9th St
S 6th St
S 10th St
S 12th St
S 8th St
S 4th St
13th St
S 14th St
Manhattan Ave
Highland Way
Longbranch Ave
Seabright Ave
Manhattan Ave
Oak Park Blvd
Grand Ave
Ramona Ave
Trouville Ave
Grand Ave
Atlantic City Ave
Park View Ave
Rockaway Ave
Saratoga Ave
Ocean View Ave
la SelvaAve
Mentone Ave
Newport Ave
N 12th St
Nice Ave
S 7th St
Brighton Ave
Baden Ave
Farroll Rd Farroll Rd
The Pike
S 16th St
Front St
el Camino Real
N 5th St
Nacimiento Ave
N 6th St
N 1st St
N 4th St
N 3rd St
N 2nd St
N 4th St
N 14th St
N 11th St
N 16th St
N 7th St
N 8th St
N 9th St
N 10th St Sheridan
Rd
MargaritaAve
UNINCORPORATED
SAN LUIS
OBISPO CO.
1 ARROYO GRANDE
PISMO BEACH
S
A
N
L
U
I
S
O
B
I
S
P
O
C
O
.
March 10, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF GROVER BEACH – SAN LUIS OBISPO COUNTY
Attachment 2
Attachment 3
FHSZ Frequently Asked Questions
What do Fire Hazard Severity Zones measure?
The Fire Hazard Severity Zone map reflects “hazard,” not “risk”. The map is like flood zone maps, where lands are described in terms of the probability level of a par琀椀cular area being inundated by floodwaters, and not specifically prescrip琀椀ve of impacts. “Hazard” is based on the physical condi琀椀ons that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mi琀椀ga琀椀on measures such as home hardening, recent wildfire, or fuel reduc琀椀on efforts.
“Risk” is the poten琀椀al damage a fire can do to the area under exis琀椀ng condi琀椀ons, accoun琀椀ng for any modifica琀椀ons such as fuel reduc琀椀on projects, defensible space, and igni琀椀on resistant building construc琀椀on.
What is a Fire Hazard Severity Zone or FHSZ?
Public Resource Code 4202; The State Fire Marshal shall classify lands within State Responsibility Areas into Fire Hazard Severity Zones. Each zone shall embrace rela琀椀vely homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been iden琀椀fied by the department as a major cause of wildfire spread.
Government Code 51178; The State Fire Marshal shall iden琀椀fy areas in the state as Moderate, High, and Very High Fire Hazard Severity Zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, High, and Very High Fire Hazard Severity Zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been iden琀椀fied by the Office of the State Fire Marshal as a major cause of wildfire spread.
Will the new Fire Hazard Severity Zones affect my ability to get or maintain insurance? Insurance companies use risk models, which differ from hazard models, because they consider the suscep琀椀bility of a structure to damage from fire and other short-term factors that are not included in hazard modeling. It is unlikely that insurance risk models would u琀椀lize CAL FIRE Fire Hazard Severity Zones as a factor, but much of the same data that is used in the Fire Hazard Severity Zone model are likely included in the insurance companies’ risk models. However, insurance risk models incorporate many addi琀椀onal factors and that change more frequently than those that CAL FIRE includes in its hazard mapping, which is built to remain steady for the next 10+ years.
General
FHSZ Frequently Asked Questions
When were the maps last updated?
In 2007, CAL FIRE updated the FHSZs for the en琀椀re State Responsibility Area (SRA). Between 2008- 2011 the department worked with local governments to make recommenda琀椀ons of the Very High Fire Hazard Severity Zones within Local Responsibility Area (LRA).
Why are fire hazard severity maps being updated?
The hazard maps are being updated to more accurately reflect the zones in California that are suscep琀椀ble to wildfire. The hazard mapping process will incorporate new science in local climate data and improved fire assessment modeling in determining hazard ra琀椀ngs.
Where do Fire Hazard Severity Zones apply?
Fire Hazard Severity Zones are found in areas where the state has financial responsibility for wildfire protec琀椀on and preven琀椀on, called the State Responsibility Area. More than 31 million acres are in this area. Under Senate Bill 63 (Stern, 2021) Government Code 51178 was amended to also iden琀椀fy the Moderate and High Fire Hazard Severity Zones with the Very High in Local Responsibility Area (LRA).
What are the uses of Fire Hazard Severity Zones?
The zones are used for several purposes including to designate areas where California’s defensible space standards and wildland urban interface building codes are required. They can be a factor in real estate disclosure, and local governments may consider them in their general plan.
What are the key elements of the Fire Hazard Severity Zone model? The fire hazard severity model for wildland fire has two key elements: probability of an area burning and expected fire behavior under extreme fuel and weather condi琀椀ons. The zones reflect areas that have similar burn probabili琀椀es and fire behavior characteris琀椀cs. The factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and poten琀椀al fuel over a 50-year period. Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegeta琀椀on cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands.
FHSZs are not a structure loss model, as key informa琀椀on regarding structure igni琀椀on (such as roof type, etc.) is not included.
General
FHSZ Frequently Asked Questions
How do the Fire Hazard Severity Zone Maps differ from California Public U琀椀li琀椀es Commission (CPUC) High Fire Threat District Maps?
The California Public U琀椀li琀椀es Commission (CPUC) sponsored map, known as "CPUC High Fire Threat District Map” (HFTD), includes similar factors as those in the FHSZ maps, however the CPUC HFTD Map is designed specifically for iden琀椀fying areas where there is an increased risk for u琀椀lity associated wildfires. As such, the CPUC map includes fire hazards associated with historical powerline-caused wildfires, current fuel condi琀椀ons, and scores areas based on where fires start, as opposed to where poten琀椀al fires may cause impacts.
Why is my property in a different zone than the adjacent area, which looks similar? In wildland areas, zone edges are a result of the way zones are delineated. Specifically, zones represent areas of similar slope and fuel poten琀椀al. Zone boundaries divide zones based on geographic and vegeta琀椀on features that align with fire hazard poten琀椀al; although, at a local scale, it may appear that the immediate area is similar on both sides of the edge. The class value within a zone is based on the average hazard score across the whole zone, so areas that are in the same zone but not immediately adjacent to a local area can have an influence on the final zone classifica琀椀on. Classifica琀椀on outside of wildland areas is based on the fire hazard of the adjacent wildland and the probability of flames and embers threatening buildings.
How are Fire Hazard Severity Zones determined?
CAL FIRE used the best available science and data to develop, and field test a model that served as the basis of zone assignments. The model evaluated the probability of the area burning and poten琀椀al fire behavior in the area. Many factors were included such as fire history, vegeta琀椀on, flame length, blowing embers, proximity to wildland, terrain, and weather.
What new data will be included in the new model, and how does this differ from the previous model?
A 2 km grid of climate data covering the years 2003-2018 is being used in the update. The previous model used stock weather inputs across the state to calculate wildland fire intensity scores. The updated model will adjust fire intensity scores based on the most extreme fire weather at a given loca琀椀on, considering temperature, humidity, and wind speed. In addi琀椀on, ember transport is being modeled based on local distribu琀椀ons of observed wind speed and direc琀椀on values instead of using a generic buffer distance for urban areas adjacent to wildlands.
General
FHSZ Frequently Asked Questions
How can I search the Fire Hazard Severity Zone of a property? You can search by address to find your current designa琀椀on on the web at: osfm.fire.ca.gov/FHSZ Why does the model place an emphasis on the spread of embers? Embers spread wildfire because they can travel long distances in the wind and ignite vegeta琀椀on, roofs, a琀cs (by ge琀ng into vents), and decks.
Why do waterbodies have a Fire Hazard Severity Zone Classifica琀椀on? All areas in State Responsibility Area, including water bodies, require a Fire Hazard Severity Zone designa琀椀on. The 2007 FHSZ maps zoned all water as Moderate by default. In the 2023 FHSZ model we added a buffer of FHSZ from the surrounding wildland into water bodies to account for poten琀椀al threat of embers to buildings on docks and house boats, as well as varia琀椀on in reservoir height that occurs with drought.
How does CAL FIRE assist Local Governments in Fire Hazard Severity Zones? CAL FIRE’s Land Use Planning Program is a specialized unit that provides support to local governments by providing fire safety exper琀椀se on the State’s wildland urban interface building codes, wildfire safety codes, as well as helping in the development of the safety elements in general plans.
General
FHSZ Frequently Asked Questions
What is State Responsibility Area or SRA?
SRA is a legal term defining the area where the state has financial responsibility for wildland fire protec琀椀on and preven琀椀on. Incorporated ci琀椀es and federal ownership are not included. Within the SRA, CAL FIRE is responsible for fire preven琀椀on and suppression. There are more than 31 million acres in SRA, with an es琀椀mated 1.7 million people and 800,000 exis琀椀ng homes.
How is State Responsibility Area determined?
The Board of Forestry and Fire Protec琀椀on (Board) classifies land as State Responsibility Area. The legal defini琀椀on of SRA is found in the Public Resources Code Sec琀椀on 4125. The Board has developed detailed procedures to classify lands as State Responsibility Area. Lands are removed from SRA when they become incorporated by a city, change in ownership to the federal government, become more densely populated, or are converted to intensive agriculture that minimizes the risk of wildfire. While some lands are removed from SRA automa琀椀cally, the Board typically reviews changes every five years.
What Fire Hazard Severity Zones are in State Responsibility Area? All of the State Responsibility Area is in a Fire Hazard Severity Zone. Lands are either ranked as Moderate, High or Very High Fire Hazard Severity Zones.
What are the wildland urban interface (WUI) building codes in State Responsibility Area? The WUI building codes (California Building Code (CBC) Chapter 7A) reduce the risk of embers fanned by wind-blown wildfires from igni琀椀ng buildings. The codes for roofing, siding, decking, windows, and vents apply throughout all State Responsibility Area regardless of the fire hazard severity ranking. Ember-resistant building materials can be found at:
h琀琀ps://osfm.fire.ca.gov/divisions/fire-engineering-and-inves琀椀ga琀椀ons/building-materials-lis琀椀ng/ State Responsibility Area
FHSZ Frequently Asked Questions
What is the difference between the various Fire Hazard Severity Zones? Classifica琀椀on of a wildland zone as Moderate, High or Very High Fire Hazard is based on the average hazard across the area included in the zone, which have a minimum size of 200 acres. In wildlands, hazard is a func琀椀on of modeled flame length under the worst condi琀椀ons and annual burn probability. Both these factors generally increase with increasing hazard level, but there may be instances where one value is Very High and the other is low, pushing the overall hazard into a more intermediate ranking. On average, both modeled flame length and burn probability increase by roughly 40-60% between hazard classes.
Is the GIS data for Fire Hazard Severity Zones available for download? The data inputs used to develop the Fire Hazard Severity Zones are iden琀椀fied in the Ini琀椀al Statement of Reasons (ISOR) Title 19 Development (ca.gov). CAL FIRE has developed an addi琀椀onal data package which consists of sequen琀椀al modeling steps, including any data inputs that were not already publicly available and referenced in the ISOR. The data package encompasses 34 spa琀椀al datasets and 8 tables, provided in raster, polygon, and table format. These datasets are forma琀琀ed for Esri ArcGIS so昀琀ware, except for four tables provided in Excel. Ten of the datasets are updated versions used to produce an edited SRA FHSZ map following the public comment period that ended April 4, 2023. Upon formal adop琀椀on of the FHSZ map, the final SRA FHSZ geospa琀椀al data file will become available. The data package is available on the FHSZ website Fire Hazard Severity Zones (ca.gov) under the science and methods banner.
State Responsibility Area
FHSZ Frequently Asked Questions
What is Local Responsibility Area or LRA?
Local Responsibility Areas (LRA) are incorporated ci琀椀es, urban regions, agriculture lands, and por琀椀ons of the desert where the local government is responsible for wildfire protec琀椀on. This is typically provided by city fire departments, fire protec琀椀on districts, coun琀椀es, and by CAL FIRE under contract.
When did Fire Hazard Severity Zones begin in Local Responsibility Area? Assembly Bill 337 (Bates, 1992) prompted by the devasta琀椀ng Oakland Hills Fire of 1991, calls for CAL FIRE to evaluate fire hazard severity in Local Responsibility Area and to make a recommenda琀椀on to the local jurisdic琀椀on where Very High FHSZ exist. Government Code 51175 then provides direc琀椀on for the local jurisdic琀椀on to take appropriate ac琀椀on.
How are Fire Hazard Severity Zones determined in Local Responsibility Areas? CAL FIRE uses an extension of the State Responsibility Area Fire Hazard Severity Zone model as the basis for evalua琀椀ng fire hazard in Local Responsibility Area. The Local Responsibility Area hazard ra琀椀ng reflects flame and ember intrusion from adjacent wildlands and from flammable vegeta琀椀on in the urban area.
What are the requirements for landowners in Fire Hazard Severity Zones in Local Responsibility Areas?
California’s WUI building codes (CBC Chapter 7A) apply to the design and construc琀椀on of new buildings located in High and Very High FHSZs in Local Responsibility Areas. Local ordinances may require igni琀椀on resistant construc琀椀on for remodel projects. Check with your local building department to determine which igni琀椀on resistant building codes apply to your project. In addi琀椀on, Government Code Sec琀椀on 51182 calls for defensible space clearance and other wildland fire safety prac琀椀ces for buildings. Owners are also required to make a natural hazard disclosure as part of a real estate transfer. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org.
Does the designa琀椀on of Very High Fire Hazard Severity Zones in the Local Responsibility Area trigger the 100-foot clearance requirement?
Yes, per Government Code 51182 unless a local government has passed a more stringent requirement, the 100-foot defensible space clearance applies. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org.
Local Responsibility Area
FHSZ Frequently Asked Questions
Why is my property in a different zone than the adjacent area, which looks similar? In non-wildland areas, zone edges occur based on distance to the wildland edge. Because hazard in these areas is largely determined by incoming embers from adjacent wildland, urban areas that are similar in vegeta琀椀on type and housing density may have a change in FHSZ class as the distance to the wildland edge increases. Areas immediately adjacent to wildland receive the same FHSZ score as that wildland where fire originates, and the model then produces lower scores as the distance to wildland edge increases.
What is the process for developing Fire Hazard Severity Zones in the Local Responsibility Area? CAL FIRE uses the same modeling data that is used to map the State Responsibility Area. The map, along with a model ordinance, are then sent to the governing body for adop琀椀on.
How are the new Fire Hazard Severity Zones impac琀椀ng development? Many of the changes expanding Fire Hazard Severity Zones in Local Responsibility Areas have been supported by the building industry. CAL FIRE works closely with the building industry when se琀ng various building codes and defensible space requirements, so we are working together to not affect development itself but to make sure development matches the hazards of that area.
When will the Local Responsibility Area Map be released? The Local Responsibility Area map process will happen a昀琀er the State Responsibility Area process has been completed, which is es琀椀mated to occur in winter of 2025.
Why haven’t Moderate and High Fire Hazard Severity Zone classes been classified before in the Local Responsibility Area?
New legisla琀椀on, Senate Bill 63 (Stern, 2021), now requires the adop琀椀on of all three Fire Hazard Severity Zone classes in the Local Responsibility Area. Previously only Very High Fire Hazard Severity Zones were required for adop琀椀on in Local Responsibility Areas.
Local Responsibility Area
LRA Legislation Factsheet
Assembly Bill No.337
An act to add Chapter 6.8 (commencing with Section 51175) to Part 1 of Division 1 of Title 5 of the Government Code, and to amend Section 13108.5 of the Health and Safety Code, relating to fire protection.
[Enrolled, January 28, 1991]
AB 337, Bates. Very high fire hazard severity zones.
(1) Under existing law, the State Board of Forestry is required to classify all lands within the state, in accordance with prescribed criteria, for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state.
This bill would declare that the prevention of fires is not a municipal affair but is instead, a matter of statewide concern, and would make a finding and declaration of the Legislature that its provisions apply to all local agencies, including, but not limited to, charter cities, charter counties, and charter cities and counties. The bill would prohibit that finding from limiting the authority of a local agency, as defined, from imposing more restrictive fire and panic safety requirements, as otherwise authorized by law.
The bill would state that it is not the intent of the Legislature to limit or restrict the authority of a local agency to impose more restrictive fire and panic safety requirements, as otherwise authorized by law.
This bill would require the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones within all counties pursuant to a prescribed schedule. The bill would require local agencies, as defined, to designate, by ordinance, very high fire hazard severity zones in their jurisdiction after receiving recommendations from the director, except as prescribed. The bill would authorize local agencies to include or exclude areas following certain findings and would require changes made by local agencies to be final and not rebuttable by the director. By requiring local agencies to designate very high fire hazard severity zones within their jurisdictions, this bill would impose a state-mandated local program. The bill would require the State Fire Marshal to prepare and adopt a model ordinance that provides for the establishment of any high fire hazard security zones.
LRA Legislation Factsheet
Assembly Bill No.337 (Continued)
(2) Under existing law, any person who owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush-covered lands, or grass-covered lands, or any land that is covered with flammable material, is required to undertake specified fire protection measures, including the maintenance of specified firebreaks.
The bill would enact requirements of this nature for any person who owns, leases, controls, operates, or maintains, any occupied dwelling or occupied structure in, upon, or adjoining any mountainous area, forest-covered land, brush-covered land, grass-covered land, or land covered with flammable material, which area or land is within a very high fire hazard severity zone, as described in (1).
The bill would authorize local agencies to exempt certain structures and would exempt certain land or water areas.
The bill would make violation of these requirements an infraction or misdemeanor, as specified, thereby imposing a state-mandated local program by creating a new crime, and would specify related matters.
This bill would require local agencies to notify owners of property of violation and would authorize local agencies to correct the conditions and make a lien upon the property, as prescribed. By creating these requirements, this bill would impose a state-mandated local program.
The bill would permit a violation of these requirements to be considered a public nuisance, as specified.
(3) Existing law requires the State Fire Marshal to adopt, amend, and repeal regulations for roof coverings and openings into the attic areas of buildings in those fire hazard severity zones in state responsibility lands as designated by the director. Existing law requires the director to classify lands within state responsibility areas into fire hazard severity zones.
This bill would instead require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal those regulations. The bill would also require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal, those regulations for buildings in very high fire hazard severity zones in state responsibility lands, designated by the director, and in very high fire hazard severity zones as described in (1). The bill would require roofs on all new buildings and certain existing buildings in both of those zones to be at least a class B roof that complies with Standard 32-7 of the Uniform Building Code, as adopted in the California Building Standards Code. The bill would impose requirements on installers and roofing materials and make other related changes. The bill would exempt historic buildings, as defined, from these provisions.
LRA Legislation Factsheet
Senate Bill No.63
CHAPTER 382
An act to amend Sections 51177, 51178, 51178.5, 51182, and 51189 of the Government Code, to amend Section 13108.5 of the Health and Safety Code, and to amend Sections 4124.5 and 4291 of, and to add and repeal Sections 4123.8, 4291.5, and 4291.6 of, the Public Resources Code, relating to fire prevention.
[Approved by Governor September 28, 2021. Filed with Secretary of State September 28, 2021.] SB 63, Stern. Fire prevention: vegetation management: public education: grants: defensible space:
fire hazard severity zones.
(1) Existing law requires the Director of Forestry and Fire Protection to identify areas of the state as very high fire hazard severity zones based on specified criteria. Existing law requires a local agency, within 30 days after receiving a transmittal from the director that identifies very high fire hazard severity zones, to make the information available for public review, as provided.
This bill, among other things, would also require the director to identify areas of the state as moderate and high fire hazard severity zones. The bill would modify the factors the director is required to use to identify areas into fire hazard severity zones, as provided. The bill would require a local agency to make this information available for public review and comment, as provided. By expanding the responsibility of a local agency, the bill would impose a statemandated local program.
This bill would also make conforming changes.
(2) Existing law requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure in, upon, or adjoining a mountainous area, forest-covered land, brushcovered land, grass-covered land, or land that is covered with flammable material that is within a very high fire hazard severity zone, as designated by a local agency, or a building or structure in, upon, or adjoining those areas or lands within a state responsibility area, to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. Existing law authorizes a greater distance than specified above on the specified land in a very high fire hazard severity zone. Existing law specifies that clearance beyond the property line may only be required if state law, local ordinance, rule, or regulation includes certain findings and specifies that clearance on adjacent property shall only be conducted following written consent by the adjacent landowner.
LRA Legislation Factsheet
Amended by Senate Bill No.63
Government Code 51178
The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
(Amended by Stats. 2021, Ch. 382, Sec. 2.5. (SB 63) Effective January 1, 2022.) Government Code 51178.5
Within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps. (Amended by Stats. 2021, Ch. 382, Sec. 3.5. (SB 63) Effective January 1, 2022.) LRA Legislation Factsheet
Assembly Bill No. 211
CHAPTER 574
An act to amend Sections 11891, 11893, 12581, 12996, 12998, 12999.4, and 12999.5 of, and to add Sections 12999.6 and 13001 to, the Food and Agricultural Code, to amend Section 51179 of the Government Code, to amend Sections 44274.10, 44274.11, 44274.12, 44274.13, and 44274.14 of the Health and Safety Code, to amend Sections 3113, 4799.05, 14503.5.1, 14538, 14549.2, 14581, 42052, and 42060 of, to add Sections 14537.5, 14548, 14555, and 21166.3 to, to add Part 5 (commencing with Section 75250) to Division 44 of, and to repeal Section 75250.1 of, the Public Resources Code, to amend Section 43152.6 of, and to amend and repeal Section 43152.10 of, the Revenue and Taxation Code, to amend Section 13198 of the Water Code, to amend the Budget Act of 2021 (Chapters 21, 69, and 240 of the Statutes of 2021) by amending Item 8570-002-0001 of Section
2.00 of that act, and to amend the Budget Act of 2021 (Chapter 44 of the Statutes of 2022) by amending Items 3540-101-0001 of Section 2.00 of that act, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget. [Approved by Governor September 27, 2022. Filed with Secretary of State September 27, 2022.] AB 211, Committee on Budget. Public resources trailer bill. (2) Existing law requires the State Fire Marshal to identify areas of the state as moderate, high, and very high fire hazard severity zones based on specified criteria. Existing law requires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal. Existing law authorizes a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence, as provided.
This bill would additionally require a local agency to designate, by ordinance, moderate and high fire hazard severity zones within 120 days of receiving recommendations from the State Fire Marshal. By expanding the responsibility of a local agency, the bill would impose a statemandated local program. The bill would additionally authorize a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. The bill would prohibit the local agency from decreasing the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, as provided.
LRA Legislation Factsheet
Amended by Assembly Bill No. 211
Government Code 51179
(a) A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178.
(b) (1) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area.
(2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. (3) A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency.
(c) The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) to the State Board of Forestry and Fire Protection within 30 days of adoption. (d) Changes made by a local agency to the recommendations made by the State Fire Marshal shall be final and shall not be rebuttable by the State Fire Marshal. (e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones.
(f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section.
(g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map. (Amended by Stats. 2022, Ch. 574, Sec. 10. (AB 211) Effective September 27, 2022.) LRA Legislation Factsheet
Increasing Fire Hazard Severity Zone (FHSZ)
Area and Designation
Government Code section 51179 requires a local agency to designate, by ordinance, moderate, high, and very high FHSZ within 120 days of receiving the identified FHSZ’s from the State Fire Marshal pursuant to Section 51178.
The law does not allow for a local jurisdiction to request changes or provide comments to the State Fire Marshal on the FHSZ designations. However, a local agency may choose to increase the designation of a FHSZ from the FHSZ identified by the State Fire Marshal, or designate areas as having a FHSZ that were not designated in a FHSZ by the State Fire Marshal. This may occur because FHSZ zone edges in the maps and data from the State Fire Marshal are not aligned with parcel boundaries or roads that some may consider for lines of convenance when adopting ordinances. A local agency is not allowed to reduce the designation of a FHSZ classification from the State Fire Marshal (i.e. a local agency cannot make an area designated as High by the State Fire Marshal, Moderate in its adopted ordinance).
However, a local jurisdiction can increase the designation from the one identified by the State Fire Marshal. If a local agency decides to increase the designation of a FHSZ, it may do so if it does the following:
1. If increasing the designation to Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.
2. If increasing the designation to Moderate or High, a local agency may do this at its discretion.
If a local agency decides to include areas in its FHSZ adopted ordinance not identified as being in a FHSZ by the State Fire Marshal, it may include those areas if it does the following:
1. If including areas not identified as being in a FHSZ and designating it as Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.
2. If including areas not identified as being in a FHSZ and designating it as Moderate or High, a local agency may do this at its discretion.
LRA Legislation Factsheet
Safety Element Update 19
Figure 8 Fire Hazard Severity in Grover Beach
Attachment 4
COMMUNITY DEVELOPMENT DEPARTMENT
COURTESY NOTICE
March 28, 2025
To Whom it May Concern,
On behalf of the City of Grover Beach and Five Cities Fire Authority, we are informing you that CAL FIRE has released updated Fire Hazard Severity Zones for jurisdictions across the State based on the latest wildfire science. Please note that you are receiving this letter as your property has been designated within a ‘Moderate’ fire hazard severity zone. Previously, your property was classified as ‘High’. What Does This Designation Mean for You:This is a courtesy notice only. There is no action required of you at this time. The ‘Moderate’ designation does not trigger any new fire-related building code requirements beyond the existing California Building Code (CBC) and California Fire Code (CFC) standards.
There are no changes to development requirements or fire mitigation measures resulting from this update.
The City’s existing fire safety regulations, including automatic fire sprinklers and defensible space requirements, continue to apply.
Where Can You Find More Information or See the Maps?
The City has posted the FHSZ map to the City Hall bulletin board and on the City’s website. Copies can be requested at City Hall front counter, 154 S. 8th Street, Grover Beach, CA 93433. The Five Cities Fire Authority has also made the map available on their agency’s website. In accordance with State law, City staff are reviewing the updated maps for public safety planning and response purposes and plan to bring an ordinance adopting the maps before the City Council in May 2025. How can You get Involved?The City of Grover Beach encourages community members to review and comment on the updated zones before they are adopted by the City Council this spring. While the City cannot downgrade the severity zones identified by CAL FIRE, the City can upgrade severity classifications based on local conditions and risk assessments. Contact the Community Development Department at [email protected] or by telephone (805) 473-4520. You may also contact Five Cities Fire Authority at [email protected] or by telephone at (805) 473-5490. Learn More: You can view the updated FHSZ maps online at: https://www.fivecitiesfireauthority.org/fire-hazard-severity-zones Attachment 5
Agenda Item No. 8
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 28, 2025 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Assistant City Manager
SUBJECT: City Technology Systems Upgrades Update
RECOMMENDATION
Receive an update on the City’s efforts to upgrade technology systems to promote efficiency and innovation for City operations.
BACKGROUND
One of the Council’s newly adopted broad, multi-year goals for the upcoming FY 2025-27 budget cycle is Financial and Organization Sustainability to ensure fiscal responsibility and operational viability and promote a culture of innovation and customer service. Staff have long been working on these objectives in both the current and prior fiscal years including implementing several new technologies to improve efficiency and enhance customer service and transparency. This report provides information on the City’s initiatives to implement several new technology systems including Enterprise Resource Planning (ERP) financial system, Enterprise Permitting and Licensing (EP&L) system, Budget system, and Asset Management system.
ERP Financial System
The City’s previous financial system had several deficiencies including limited functionality and reporting ability, difficulty in securing support for system errors and issues, and an outdated platform that exposed the City to security risks. In 2022, the City used one-time American Rescue Plan Act funds to purchase a new Enterprise Resource Planning (ERP) system to host the City’s financial functions, including general accounting, payroll, utility billing, timekeeping and business licensing, as well as code enforcement functions. The City issued a request for proposals and ultimately selected Tyler Pro ERP. Staff worked with Tyler to implement these functions, which is anticipated to be completed this fiscal year after initial implementation began in January 2024.
The new ERP system provides several benefits to both City staff and external customers. The system is cloud-based and provides a full suite of finance and productivity software to improve internal processes. Transitioning to a cloud system has also provided the City cost savings compared with hosting the system onsite using City servers and other hardware. The system allows access to Tyler’s support team to assist with any challenges, making it much more costeffective for the City to access support when needed. Furthermore, deployment of the ERP system has provided customers with an online portal for utility billing and business licensing payments, providing a more efficient, transparent customer experience.
Staff Report: City Technology Systems Upgrades Page 2
April 28, 2025
Enterprise Permitting and Licensing System
In addition to the ERP system, the City contracted with Tyler for its Enterprise Permitting and Licensing system. The Community Development Department soft-launched the Enterprise Permitting and Licensing (EP&L) system in December 2024 with full implementation in January 2025. Initial results have been very positive, and Community Development has seen success in offering greater public accessibility, streamlining the permitting process, and enhancing staff efficiency. The system offers a list of services including a public portal known as the “Grover Beach Citizens Portal.” The Citizens Portal allows applicants to submit permit applications online, track permit status in real-time, and communicate with staff. This self-service portal extends beyond permit issuance and allows contractors or property owners to request inspections during construction. This has reduced the volume of in-person and phone inquiries, freeing up staff time to focus on more complex projects and tasks. The system also supports online payment processing, reducing the need for in-person transactions and making it easier for applicants to complete their projects.
EP&L has improved Community Development’s internal workflows automating key milestones such as plan review coordination (i.e., department and agency referrals), fee calculations, and assignment routing. This has led to faster processing times, greater transparency and maintenance of the project record, and user-friendly experience for both applicants and staff. The implementation of this system is also expected to yield long-term operational efficiencies by reducing manual data entry, errors, and enabling better tracking of permits and inspections. Most importantly, with integrated reporting and analytics, staff can now visually monitor trends in permitting activity and adjust resources accordingly.
Budget Presentation System
To date, the City has created its budget materials manually using Microsoft Word and Excel software which has been time-intensive for staff. The resulting Adobe PDF documents are difficult to navigate online and do not allow for search accessibility. In 2024, staff researched various budget development software solutions and selected ClearGov Digital Budget Book software for producing budget materials. Many local jurisdictions including Pismo Beach and Morro Bay also utilize the ClearGov Digital Budget Book. This cloud-based product is a subscription software which provides a community-focused budget presentation that can be accessible through the City’s website along with a printed version. Staff has worked through the fall and winter to set up the Digital Budget Book and will be using it to prepare the FY 2025-27 budget which will be presented to Council in June.
Asset Management System
In May, the City will go live with a new asset management system for City facilities and infrastructure. The City has previously relied on paper records and institutional knowledge and record keeping has been limited. This new system, the first of its kind for the City, is based on GIS maps that identify the location of all City-owned assets and will include critical information about each asset including age, size, material, condition, maintenance history and planned maintenance activities. All future work orders will be processed through the system allowing staff to track materials, vehicles, equipment and staff resources used to operate and maintain each asset. The City selected Cartograph software for implementing the management system. The software includes powerful analytical tools that will be used to inform future CIP’s, develop budgets, assess staff resources, and develop preventative maintenance plans. Public Works maintenance crews will be able to access the information on their phones and update operational and maintenance activities and condition assessments while on site.
Staff Report: City Technology Systems Upgrades Page 3
April 28, 2025
FISCAL IMPACT
There is no fiscal impact associated with this report. Implementation and annual maintenance costs for the upgraded systems are included in the City’s operating budget.
ALTERNATIVES
The Council has the following alternatives to consider:
1) Receive an update on the City’s efforts to upgrade technology systems to promote efficiency and innovation for City operations; or
2) Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Agenda Item No. 9
And i
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 28, 2025 FROM: Matthew Bronson, City Manager
PREPARED BY: Megan Martin, Community Development Director SUBJECT: Development Application TE-25-0001 - Request for a Two-Year Time Extension for Development Application 10-03 for the Grover Beach Lodge Project Located at 55 West Grand Avenue
RECOMMENDATION
Adopt a Resolution to approve Development Application TE-25-0001 granting a two-year time extension for Development Application 10-03 (Grover Beach Lodge project) with a previously adopted Final Environmental Impact Report and Statement of Overriding Considerations (SCH# 2010051002).
BACKGROUND
Pacifica Companies, LLC (Applicant) submitted a request to the City of Grover Beach for a twoyear time extension on March 14, 2025, to allow for additional time to obtain building permits and begin construction of the Grover Beach Lodge project (Attachment 2). The approved project consists of a 144-room hotel, restaurant, and 4,000 square feet of meeting space totaling approximately 121,000 square feet located at 55 West Grand Avenue at the end of West Grand Avenue. The project site is located on California State Parks property within Pismo State Beach.
Attachment 3 shows the location of the project site along with the project rendering and site plan.
In April 2014, the Council approved Development Application 10-03 for a Coastal Development Permit and Use Permit for this project. The project was appealed to the California Coastal Commission which determined on June 11, 2014, that the appeals raised no substantial issue. The project was amended in January 2017 to add a roof deck and again in July 2018 to eliminate the conference center and reconfigure the on-site parking lots and on-site sanitary dump station. These approved amendments are available on the City’s website at:
https://www.groverbeach.org/DocumentCenter/View/13801/Combined-Resolutions-Grover-BeachLodge Between 2016 and 2019, multiple one-year time extensions were granted by the City Council due to the permitting complexities of the project before two-year extensions were available pursuant to Development Code updates in 2019. Two-year time extensions were subsequently granted by the City Council in 2019, 2021, and 2023 with the entitlement set to expire on June 11, 2025 unless another extension was approved by the Council.
Staff Report: Grover Beach Lodge Time Extension (Development Application TE-25-0001 Page 2 April 28, 2025
Time Limits and Extensions
Generally, unless a condition of approval or other provision of the Development Code establishes a different time limit, any permit or approval not exercised within 24 months of approval shall expire and become void, except where an extension is granted by the review authority (Section
6.30.060.A.1). If a project requires the issuance of a permit by the federal or State governments, or a local agency other than the City in order for it to be constructed, additional extensions may be granted beyond the 24 months if the review authority can make a specific finding:
• The delay in the project was not caused by the Applicant’s actions or failure to use due diligence in pursuing the required permits necessary to forward with the construction of the project (Section 6.30.060.B.2.b).
Chapter 6.20 provides that the Planning Commission is generally the “Review Authority” for Coastal Development Permits, with some exceptions. However, because the City Council, not the Planning Commission approved the project, it is considered the final approval authority. Since Chapter 6.30 describes that the process for extensions requires the “review authority” to make certain findings, the City Council would be the appropriate body to consider the time extension.
Pacifica Companies, LLC Time Extension Request
The project site is located within the Grover Beach city limits, however, the property is situated within Pismo State Beach and owned by the California Department of State Parks (State Parks).
While the City was responsible for land use authority on the site when the project was approved in 2014, State Parks and the State Fire Marshal are now the lead permitting agencies for the building permits. In addition to permit review by State Parks and the State Fire Marshal, the California Department of Transportation, State Department of Fish and Wildlife, Union Pacific Railroad, and several utility companies must review and approve the permits. This multi-agency review process has required considerably more coordination and time to receive all required project permits.
As documented in the Applicant’s request letter, when the Council approved the 2023 time extension the Applicant was in the final stages of permit review and had resubmitted building plans to the State Fire Marshal. Their plan review process took approximately 12 months at which point the Applicant was informed that the project would also require review by State Parks. For the last nine months, the Applicant has worked with State Parks on their review and are nearing a resolution on the site design primarily focusing on the parking design and circulation of the overall site. This site design resolution impacts civil engineering, utilities, stormwater and erosion control, electrical engineering, and other related work.
Given this timing, the Applicant is requesting a two-year extension to complete this review process to receive building permits and commence construction. To do so, the Applicant must resubmit plans to and receive site design approval from both State Parks and the State Fire Marshal. This delay in the project was not caused by the Applicant’s actions or failure to use due diligence in pursuing the required permits.
Staff finds that the request for the extension is reasonable given the progress over the last two years and would provide the additional time needed to complete the permit review and receive permit issuance. Therefore, staff is recommending that the Council approve the two-year time extension request. Should the request be approved, Development Application 10-03 expiration would be extended to June 11, 2027.
Staff Report: Grover Beach Lodge Time Extension (Development Application TE-25-0001 Page 3 April 28, 2025
FISCAL IMPACT
There is no fiscal impact associated with this action.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Adopt a Resolution to approve Development Application TE-25-0001 for a two-year time extension for Development Application 10-03 (Grover Beach Lodge project) with a previously adopted Final Environmental Impact Report and Statement of Overriding Considerations (SCH #2010051002);
2. Do not adopt Resolution to approve Development Application TE-25-001; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
On April 17, 2025, a public hearing notice for this City Council meeting was mailed to all property owners located within 300 feet of the property, all occupants within 100 feet of the property, all residences in Le Sage Mobile Home Park, and posted to the site as required by City code and was published in the New Times. The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution
2. Time Extension Request
3. Project Visuals
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA APPROVING DEVELOPMENT APPLICATION TE-25-0001 FOR A TWO-YEAR TIME EXTENSION TO DEVELOPMENT APPLICATION 10-03
FOR THE GROVER BEACH LODGE PROJECT
WHEREAS, Development Application TE-25-0001 has been received from Grover Beach Lodge L.P. (Applicant) requesting a two-year time extension of Development Application 10-03 for the Grover Beach Lodge project located at 55 West Grand Avenue; and WHEREAS, on March 5, 2012, the City Council certified the Environmental Impact Report prepared for the project in compliance with the California Environmental Quality Act (CEQA); and WHEREAS, on April 7, 2014, the City Council conducted a public hearing and adopted Resolution No. 14-19 approving Development Permit 10-03 consisting of a Coastal Development Permit and Site and Architectural Plans; and
WHEREAS, on May 2, 2016, the City Council conducted a public hearing and adopted Resolution No. 16-30 approving a one-year time extension; and WHEREAS, on January 9, 2017, the City Council conducted a public hearing and adopted Resolution No. 17-04 approving an amendment to Development Application 10-03 to allow a roof deck and other minor project revisions; and
WHEREAS, on June 5, 2017, the City Council conducted a public hearing and adopted Resolution No. 17-28 approving a one-year time extension; and WHEREAS, on July 23, 2018, the City Council conducted a public hearing and adopted Resolution No. 18-77 approving an amendment to Development Application 10-03 for minor project revisions and Resolution No. 18-78 approving a one-year time extension; and WHEREAS, on September 3, 2019, the City Council conducted a public hearing and adopted Resolution 19-49 approving a two-year time extension; and WHEREAS, on July 26, 2021, the City Council conducted a public hearing and adopted Resolution 21-26 approving a two-year time extension.
WHEREAS, on May 22, 2023, the City council conducted a public hearing and adopted Resolution 23-15 approving a two-year time extension.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach does HEREBY make the following findings and determinations with respect to the time extension for Development Application TE-25-0001:
SECTION 1. Findings for a Time Extension. The City Council finds as follows:
1. There have been no changes in the conditions or circumstances of the site or development since the project approval. The site is unchanged since the project was approved and there have been no Development Code amendments that apply to the project. In addition, the Final Environmental Impact Report (EIR) prepared for the Attachment 1
Resolution No. 25-XX - Grover Beach Lodge Time Extension Page 2 project is still valid because there have been no changes to the site, project scope, or surrounding area that would cause reevaluation of the Final EIR.
2. The delay in the project has not been caused by the applicant’s actions or failure to use due diligence in pursuing the required permits necessary to move forward with construction of the project. The complexity of needing permitting from multiple State agencies and entities has resulted in delays outside of the applicant’s control.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach DOES HEREBY APPROVE Development Application TE-25-0001 for a two-year time extension to Development Application 10-03 consisting of a Coastal Development Permit and Use Permit subject to the following conditions:
CONDITIONS OF APPROVAL:
1. This two-year time extension for Development Application 10-03 shall expire on June 11, 2027, unless building permits have been issued and construction of the approved project has commenced.
2. The project shall comply with the adopted City Council Resolution Nos. 14-19, 17-04 and 18-77 and all applicable mitigation measures contained in Resolution No. 12-14 certifying the Final Environmental Impact Report.
On motion by Council Member _____, seconded by Council Member ____, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 28th day of April 2025. _______________________________
KASSI DEE, MAYOR
Attest:
_______________________________
WENDI SIMS, CITY CLERK
Attachment 2
Development Application 10-03
GROVERBEACH.ORG
Attachment 3
Site Plan
GROVERBEACH.ORG
Agenda Item No. 10
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 28, 2025 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Assistant City Manager
SUBJECT: Enterprise Fleet Management Agreement
RECOMMENDATION
Adopt a Resolution to approve the Master Equity Lease Agreement with Enterprise FM Trust to allow Enterprise Fleet Management to manage the City’s vehicle leasing and maintenance.
BACKGROUND:
The City uses multiple vehicles in the Police and Public Works departments to help provide City services. The City’s current fleet consists of 24 vehicles of various makes and models ranging in age from 31 years old to one year old (new Police patrol vehicles). The City’s standard fleet practice historically has been to purchase vehicles in full, requiring the City to include 100% of the purchase price in the budget any year a vehicle is purchased. This causes the City’s budget to periodically spike when vehicles are in need of replacement and the need for a large capital outlay in the first year to purchase any vehicle has required the City to keep some vehicles beyond their useful life, increasing maintenance costs and staff time in maintaining the older vehicles.
The City has one maintenance mechanic on staff who is tasked with servicing the City’s fleet vehicles to the extent possible and managing contract services for the fleet. The same mechanic is responsible for maintaining all other City mechanical equipment. The workload for the single mechanic has become untenable, causing delays in necessary repairs. Further, when City staff are not able to repair a vehicle, the current practice is to take that vehicle to any local repair shop with availability, without contract pricing in place to reduce the City’s costs. In this fiscal year, due to an unanticipated staff leave, the City’s vehicle maintenance costs doubled and required multiple mid-year budget adjustments.
In early 2025, the City began to explore the possibility of developing a consolidated fleet management program to allow the City to better manage its fleet needs while incurring costs in a more predictable manner. This program would involve leasing most vehicles on a schedule to spread costs over multiple years of lease payments and replacing those vehicles before they are at the end of their useful life in order to recoup equity for vehicles being replaced. In preparation for such a program, the City began to plan for larger contributions to the Equipment Replacement Fund (ERF) designation within the City’s General Fund reserves, as reflected in the Budget Policies adopted by the Council in February 2025, to provide a predictable ongoing funding source.
As part of this effort, City staff also met with Enterprise Fleet Management, Inc. (Enterprise) to discuss their fleet management program under a competitively-bid cooperative purchasing agreement. Enterprise contracts with numerous local agencies for such a program including the cities of Hollister and Oxnard, the County of Santa Barbara, as well as the County of San Luis Obispo Sheriff’s office.
Staff Report: Enterprise Fleet Management Agreement Page 2 April 28, 2025
Through this program, Enterprise provides several services to assist with the City’s fleet management, including:
• Leverage Enterprise’s competitive pricing and ability to locate specialty vehicles throughout the country;
• Provide planning for the City’s fleet purchases within the City’s budgetary constraints; • Provide basic maintenance for non-emergency City vehicles; • Provide Enterprise-negotiated pricing for other maintenance needs from service providers in San Luis Obispo County;
• Assist with resale of vehicles to maximize the equity returned to the City after vehicles are replaced;
• Assist with DMV services associated with the acquisition of new vehicles; • Assist with other administrative functions for fleet management.
In consideration of the existing funding within the ERF and the City’s vehicle replacement needs, City staff and Enterprise created an initial vehicle replacement schedule for FY 2025-26. The schedule includes the lease of five Public Works trucks1 used daily by maintenance staff as well
as three patrol vehicles and one truck for Community Service Technicians in the Police Department. Enterprise suggests five-year lease terms for these vehicles, as this is the anticipated useful life for their purposes within the departments. Additionally, the City would enroll non-emergency response vehicles into the Enterprise maintenance program. Patrol vehicles are not included in the maintenance program but will receive Enterprise’s contract pricing at participating local repair shops.
City staff have determined that this program will allow for more consistent budgeting and fleet management, while freeing up staff time for other mechanical and management needs. The program will also allow the City greater access to dealers who can provide specialized vehicles needed for City services, including specially outfitted Police patrol vehicles, and will provide more competitive pricing for vehicle maintenance needs. The City is not obligated to make any future purchases or leases under this agreement and may terminate at any time should budgetary circumstances change. If approved, the City will meet with Enterprise annually to discuss additional vehicle replacement needs and options within the ERF’s capacity moving forward.
FISCAL IMPACT
The total cost in FY 2025-26 for Public Works vehicle replacements will be $90,737, which includes one-time costs for needed upfits to the vehicles, as well as lease payments and maintenance program for the first year. The total cost of the Police Department replacements will be $49,607 in FY 2025-26, which includes lease payments and maintenance on non-emergency response vehicles. The ERF will expend $140,344 in FY 2025-26, which staff has determined is within the fund’s capacity. In future fiscal years, these replacements including lease payments and the maintenance program will cost $106,140 on an annual basis. Staff has determined this amount is sustainable within the ERF, given the anticipated annual allocation, consistent with the City’s budget policies.
Funding for regular vehicle maintenance is included in the General Fund operating budgets of the Public Works and Police departments as well as the Water and Wastewater Funds. Departmental budget requests for the FY 2025-26 budget include a total of $94,399 for vehicle maintenance 1 Note that one of the Public Works trucks being replaced is funded by funding allocated in the mid-year budget process for FY 2024-25. That funding will be transferred to the ERF to support lease payments in future fiscal years.
Staff Report: Enterprise Fleet Management Agreement Page 3 April 28, 2025
across funds. This includes requested budget increases of $50,599 in light of increased actual maintenance costs in prior years. However, upon approval of this contract, the City will be able to reduce this increase by $30,500 for FY 2025-26 due to anticipated cost savings due to the Enterprise maintenance program. As the City replaces older vehicles that require a great deal of maintenance with newer vehicles under warranty, the vehicle maintenance budgets are anticipated to further decrease in future years. Funding for planned vehicle replacements will be included in annual contributions to the ERF designation within the City’s General Fund reserves.
ALTERNATIVES
The Council has the following alternatives to consider:
1) Adopt a Resolution to approve the Master Equity Lease Agreement with Enterprise FM Trust to allow Enterprise Fleet Management to manage the City’s vehicle leasing and maintenance; or
2) Do not adopt a Resolution to approve agreement; or
3) Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution and Enterprise Agreement
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, APPROVING A MASTER EQUITY LEASE AGREEMENT AND RELATED AGREEMENTS WITH ENTERPRISE FLEET MANAGEMENT, INC. IN
CONNECTION WITH A FLEET MANAGEMENT PROGRAM AND
AUTHORIZING CITY MANAGER TO EXECUTE LEASE SCHEDULES FOR
VEHICLES UP TO SPECIFIED PARAMETERS
WHEREAS, the City of Grover Beach (“City”) has an urgent need to lease vehicles (“Vehicles”) for its Public Works Department, Police Department and for Citywide pool vehicles; and
WHEREAS, it is in the best interest of the City and the community to obtain necessary Vehicles as soon as possible and for a reasonable price; and WHEREAS, fleet management is an administrative approach that allows entities to organize and coordinate Vehicles with the aim to improve efficiency, reduce costs, and provide compliance with government regulations; and
WHEREAS, Chapter 8 of Article 2 of the Grover Beach Municipal Code contains the City’s Purchasing Policy (“Purchasing Policy”); and
WHEREAS, according to the Purchasing Policy, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of City resources; and WHEREAS, Section 4 of the Purchasing Policy contains the City’s requirements for the bidding processes and level of approval required for purchases of supplies, materials, equipment and general services; and
WHEREAS, Section 6 of the Purchasing Policy allows City Staff to use established cooperative agreements involving other public agencies for purchases without a competitive bidding process if those cooperative agreements were competitively bid; and WHEREAS, City Staff has determined that Vehicles meeting the City’s needs and requirements are available from Enterprise Fleet Management, Inc. (“Enterprise”) through competitively-solicited cooperative agreement for fleet management services awarded by Sourcewell, a State of Minnesota local government unit and service cooperative, through its Solicitation Number: RPF #030122, whereby Enterprise was selected with an effective date of May 4, 2022, to continue in force and effect until April 18, 2026, and which is attached hereto as Exhibit A; and
WHEREAS, Enterprise’s fleet management program requires the City to enter into a Master Equity Lease Agreement (“Agreement”) by and between the City and with Enterprise FM Trust for the lease of Vehicles, attached hereto as Exhibit B; and WHEREAS, City Staff, with the assistance of the City Attorney, has negotiated the terms of an Addendum to the Agreement (“Addendum”) whereby Enterprise has made concessions to Attachment 1
Resolution No. 25- Page 2 of 3
the City not otherwise contained in its form Master Equity Lease Agreement, and which is also attached hereto as Exhibit B; and
WHEREAS, pursuant to the terms of the Agreement, as supplemented by the Addendum, the City, as lessee, may lease vehicles from Enterprise FM Trust, as lessor, by means of Lease Schedules for each Vehicle (“Lease Schedules”); and WHEREAS, this City Council desires to delegate to the City Manager the authority to enter Lease Schedules for Vehicles consistent with the Agreement, as supplemented by the Addendum, and further, consistent with the parameters detailed in this Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grover Beach, California as follows:
1. The foregoing recitals are true and correct.
2. The Agreement, including the Addendum and all Supplemental Agreements in substantially the same form attached as Exhibit B, is hereby approved, together with any changes therein or additions thereto deemed advisable by an Authorized Officer (as defined below), whose execution thereof shall be conclusive evidence of such approval.
3. The City Manager or his or her designees (each, an “Authorized Officer”) are hereby each, acting alone, authorized and directed to execute and deliver the Agreement, as supplemented by the Addendum, and the Supplemental Agreements, on behalf of the City, subject to an Authorized Officer making any such changes as may be necessary or appropriate. The Authorized Officers are hereby each, acting alone, authorized and directed to execute and deliver the Agreement, as supplemented by the Addendum, the Supplemental Agreements, and any other documents or supplementary agreements necessary to secure possession and use of the Vehicles, and to approve any amendments thereto as necessary to carry out the provisions of this Resolution.
4. All actions heretofore taken by officers, employees, and agents of the City that are in conformity with the purposes and intent of this Resolution are hereby approved, confirmed, and ratified.
5. The City Manager is hereby authorized to execute and deliver Lease Schedules and related documents for the lease of Vehicles through fleet management program not to exceed those dollar amounts approved for such leases and purchases in the annual City budget as approved by the City Council in the budget process. The City Manager’s authority to execute Lease Schedules under this Resolution shall not exceed two years from the effective date of this Resolution without returning to this City Council to seek additional approval.
6. The Authorized Officers, are each authorized and directed in the name and on behalf of the City to make, execute, and deliver any and all assignments, certificates, requisitions, agreements, notices, consents, other instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved by this Resolution. Whenever in this Resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, Resolution No. 25- Page 3 of 3
countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable.
7. This Resolution shall take effect immediately upon its adoption.
On motion by Council Member _____, seconded by Council Member ____, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this _____ TH day of May 2025.
KASSI DEE, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
Exhibit A
Exhibit A
Sourcewell Contract with Enterprise Fleet Management, Inc.
RFP #030122
030122-EFM
Rev. 3/2021 1
Solicitation Number: RFP #030122
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Enterprise Fleet Management, Inc., 600 Corporate Park Drive, St. Louis, MO 63105 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Fleet Management Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires April 18, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
030122-EFM
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Equipment, product, or service warranties will be provided by the manufacturer or service provider. Supplier will assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer or service provider. Any manufacturer’s or service provider’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
030122-EFM
Rev. 3/2021 3
time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
In the event that Equipment and Products arrive in a defective or inoperable condition, the Participating Entity must promptly bring any such condition to Supplier’s attention. Supplier will then provide commercially reasonable assistance to the Participating Entity in any communication or negotiation with the Equipment and Product’s manufacturer or dealer, as applicable, with respect to claims relating to such condition.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
030122-EFM
Rev. 3/2021 4
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
030122-EFM
Rev. 3/2021 5
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order prior to the applicable Equipment and Product manufacturer or dealer deadline, in whole or in part, immediately upon notice to Supplier in the event of any of the following:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
Any termination thereafter will be governed by the terms and conditions of Supplier’s affiliates’ Master Lease Agreement.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
030122-EFM
Rev. 3/2021 6
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should
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note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract, with respect to the subject matter hereof, represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1- 22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell, including their agents and employees, harmless from any third-party claims or causes of action, including attorneys’ fees incurred by Sourcewell, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
Indemnity obligations between Supplier and any Participating Entity, if any, will be as set forth in the applicable Supplier’s affiliates’ Master Lease Agreement.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
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or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
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Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
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D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the
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procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). Intentionally omitted.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708).
Intentionally omitted.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. Intentionally omitted.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Intentionally omitted.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award
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covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. Intentionally omitted.
J. BUY AMERICAN PROVISIONS COMPLIANCE. Intentionally omitted.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). Intentionally omitted.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
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Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. Intentionally omitted.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Enterprise Fleet Management, Inc.
By: __________________________ By: __________________________ Jeremy Schwartz Dain Giesie
Title: Chief Procurement Officer Title: Vice President
Date: ________________________ Date: ________________________
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Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc.
Bid Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc.
Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
ine
Item Cate or or T pe Offered Comments
90 Services for the acquisition by Sourcewell participating entities, whether by lease or financing, of on-road vehicles of all types or classifications, all weight classes, and all engine types Yes
No
As the largest purchaser of vehicles in
North America, Enterprise has the ability
to acquire vehicles from nearly any
manufacturer. This includes specialty
vehicles and Emergency Response
Vehicles.
*
91 New vehicle service and preparation for the vehicles described in Line 90 above, such as, pre-delivery inspection, parts and accessories installation, and vehicle marking application or installation
Yes
No
Through our Fleet Management programs
we are able to offer all of these services. *
92 Preventative maintenance plans, vehicle maintenance and repair services, and related service level agreements for Sourcewell participating entity on-road vehicle fleets of all types Yes
No
Through our Fleet Management programs
we are able to offer all of these services. *
93 In addition to the solutions described in Lines 90-92 above, proposers may include a complementary offering of the following ancillary services:
i. Short-term rental programs;
ii. Upfitting of after-market programs;
iii. Fleet management information technologies, such as:
telematics, fleet monitoring, fuel management, fuel tank management, and motor pool/fleet sharing software and systems; iv. Roadside assistance including towing, emergency towing, and repairs;
v. Installation, operation, and maintenance of dedicated charging and fueling stations; and
vi. Vehicle battery longevity monitoring and replacement plans.
Yes
No
Through our Fleet Management programs
we are able to offer all of these services.
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Documents
Ensure our submission document(s) conforms to the following :
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Pricing-Final.xlsx - Tuesday March 01, 2022 14:16:51 Financial Strength and Stability - Enterprise Financial Stability.pdf - Tuesday March 01, 2022 14:16:39 Marketing Plan/Samples - Sample Marketing Plan.pdf - Tuesday March 01, 2022 14:19:21 WM8E/M8E/S8E or Related Certificates - Wade Ford 2022 GMSDC Certificate.pdf - Tuesday March 01, 2022 14:27:57 Warranty Information - Sample Warranty Information.pdf - Tuesday March 01, 2022 14:26:14 Standard Transaction Document Samples - Sample Quote 2427574.pdf - Tuesday March 01, 2022 15:27:53 Upload Additional Document - Sourcewell Submission.zip - Tuesday March 01, 2022 14:20:22
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Bid Number: RFP 030122 Vendor Name: Enterprise Fleet Management, Inc.
Exhibit B
Exhibit B
Form of Master Equity Lease Agreement and Form of Addendum to Master Equity Lease Agreement
Initials: EFM Customer
MASTER EQUITY LEASE AGREEMENT
This Master Equity Lease Agreement is entered into this day of , 20 , by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”), and the lessee whose name and address is set forth on the signature page below (“Lessee”).
1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a “Vehicle” and collectively, the “Vehicles”) described in the schedules from time to time delivered by Lessor to Lessee as set forth below (“Schedule(s)”) for the rentals and on the terms and conditions set forth in this Agreement and in the applicable Schedule. References to this “Agreement” shall include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement, each of which are incorporated herein as part of a single, unitary Agreement. Lessor will, on or about the date of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, “Servicer”) may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor.
2. TERM: The term of this Agreement (“Term”) for each Vehicle begins on the date such Vehicle is delivered to Lessee (the “Delivery Date”) and, unless terminated earlier in accordance with the terms of this Agreement, continues for the “Lease Term” as described in the applicable Schedule.
3. RENT AND OTHER CHARGES:
(a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules, Open-End (Equity) Lease Rate Quotes, and this Agreement.
The monthly payments will be in the amount listed as the “Total Monthly Rental Including Additional Services” on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable in advance on the first day of each month. Lessee agrees to pay Lessor interest charges, in connection with the acquisition of a Vehicle, for the period between the date Lessor issues payment to acquire such Vehicle and the date the Vehicle is delivered to Lessee.
Such interest charges shall be included in each Schedule. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro-rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as “Depreciation Reserve” on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c). Lessee agrees to pay Lessor the “Total Initial Charges” set forth in each Schedule on the due date of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the “Service Charge Due at Lease Termination” set forth in each Schedule at the end of the applicable Term (whether by reason of expiration, early termination or otherwise). (b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78’s and the adjusted amount will be payable by Lessee to Lessor on the termination date.
(c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of the Book Value of such Vehicle over the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is less than the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment after the end of the applicable Term (subject to Lessor’s right to recoup any amounts Lessor would owe to Lessee under this Section 3(c) against any obligations of Lessee to Lessor under this Agreement).
Notwithstanding the foregoing, if (i) the Term for a Vehicle is greater than forty-eight (48) months (including any extension of the Term for such Vehicle), (ii) the mileage on a Vehicle at the end of the Term is greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (iii) in the sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described in the two immediately preceding sentences shall be made without giving effect to clause (ii) in each such sentence. The “Book Value” of a Vehicle means the sum of (i) the “Delivered Price” of the Vehicle as set forth in the applicable Schedule minus (ii) the total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (iii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle. (d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to and recouped against any losses and/or damages suffered by Lessor as a result of Lessee’s breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor.
(e) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the “Default Rate”).
Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8 Initials: EFM Customer
(f) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate. (g) Lessee’s obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement. (h) In the event Lessor, Servicer or any other agent of Lessor arranges for rental vehicle(s) with a subsidiary or affiliate of Enterprise Holdings, Inc., Lessee shall be fully responsible for all obligations under any applicable rental agreement.
4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances (including without limitation such federal, state and local laws, statutes, rules, regulations and ordinances governing autonomous vehicles and automated driving systems and any parts, components and products related thereto) and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. In connection with autonomous vehicles and automated driving systems and the parts, components and products related thereto, Lessee agrees to comply with all applicable guidance and professional standards issued, released or published by governmental and quasi-governmental agencies, including without limitation the federal guidance for automated vehicles published by the Department of Transportation and the Federal Automated Vehicle Policy issued by the U.S. Department of Transportation and the National Highway Traffic Safety Administration. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer’s trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a “school bus” as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor’s written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro-rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor’s remedies with respect to Lessee’s failure to return any Vehicle as required hereunder.
5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, licensing, registration, delivery, purchase, sale, rental, and Lessee’s use or operation of the Vehicles. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same.
6. LICENSE AND CHARGES: Each Vehicle will be titled, registered and licensed in the name designated by Lessor at Lessee’s expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessorowned vehicle.
7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates, permits, inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee’s expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling, licensing and/or registration laws of such other state.
8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES:
(a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all manufacturer’s instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the Vehicles. Lessee will not make (or cause to be made) any alterations, upgrades, upfitting, additions or improvements (collectively, “Alterations”) to any Vehicle which (i) could impact or impair the “motor vehicle safety” (as defined by the Motor Vehicle Safety Act) of the Vehicle, or (ii) could impact, impair, void or render unenforceable the manufacturer’s warranty. Without the prior written consent of Lessor, Lessee will not make (or cause to be made) any Alterations to any Vehicle which (i) detracts, impairs, damages or alters the Vehicle’s nature, purpose, economic value, remaining useful life, functionality, utility, software or controls, or (ii) subjects the Vehicle or any part or component of such Vehicle to any lien, charge or encumbrance. Any Alterations of any nature to a Vehicle are made at Lessee’s sole cost, risk and liability, including without limitation, any such Alterations approved by, or made with the assistance or at the direction of Lessor. Any replacement parts added to any Vehicle shall be in at least as good an operating condition as the prior part before the replacement (assuming such part was, at the time of the replacement, in the condition required by the terms of this Agreement). Any Alterations to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle’s return pursuant to Section 4 and shall be free of any liens, charges or encumbrances; provided, however, Lessor shall have the right at any time to require Lessee to remove any such Alteration at Lessee’s sole cost, expense and liability. In no event or instance shall the value of any Alterations be regarded as rent. Lessee and Lessor acknowledges and agrees that Lessor will not be required to make any repairs, replacements or Alterations of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8 expenditure whatsoever in connection with any such Vehicle(s) or this Agreement. (b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no liability or responsibility for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s).
9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES:
(a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A SIZE, DESIGN,
CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE’S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE.
(b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE, INCLUDING,
WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED “AS IS,” “WITH ALL FAULTS.” All warranties made by any supplier, vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee’s only remedy, if any, is against the supplier, vendor or manufacturer of the Vehicle. (c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee. (d) In no event shall Lessor, Servicer or any other agent of Lessor or their respective affiliates be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of or relating to this Agreement, including, without limitation, any breach or performance of this Agreement, regardless of (i) whether such damages were foreseeable, (ii) whether or not Lessor, Servicer or any other agent of Lessor or their respective affiliates were advised of the possibility of such damages and/or (iii) the legal or equitable theory (contract, tort or otherwise) upon which a claim, action, cause of action, demand, lawsuit, arbitration, inquiry, proceeding or litigation is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever (“Casualty Occurrence”). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a “Totaled Vehicle”), Lessee agrees to pay Lessor no later than the date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle. Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle.
11. INSURANCE:
(a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability, and that Lessor will suffer immediate and irreparable harm if Lessee fails to comply with such obligations:
(i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No-Fault Protection where required by law) for the limits listed below (Note - $2,000,000 Combined Single Limit Bodily Injury and Property Damage per accident with No Deductible is required for each Vehicle capable of transporting more than 8 passengers):
State of Vehicle Registration
Connecticut, Massachusetts, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont
Florida
Coverage
$1,000,000 Combined Single Limit Bodily Injury and Property Damage per accident - No Deductible
$500,000 Combined Single Limit Bodily Injury and Property Damage per accident or $100,000 Bodily Injury Per Person Per Accident, $300,000 Per Accident and $50,000 Property Damage per accident (100/300/50) - No Deductible
Initials: EFM Customer
All Other States $300,000 Combined Single Limit Bodily Injury and Property Damage Per Accident or $100,000 Bodily Injury Per Person Per Accident, $300,000 Per Accident and $50,000 Property Damage Per Accident (100/300/50) - No Deductible
Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8 Initials: EFM Customer
(ii) Physical Damage Insurance (Collision & Comprehensive):Actual cash value of the applicable Vehicle. Maximum deductible of $1,000 per accident - Collision and $1,000 per accident - Comprehensive).
If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy must provide the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no act or default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is “primary coverage” for the protection of Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee’s attorney-in-fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee.
Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action. (b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a) for the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the “Vehicle” for purposes of this Agreement; and (ii) if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment, Lessor agrees that it will, at its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee’s expense. An adjustment will be made in monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing of the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice.
12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee’s breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Lessee and the foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to the law.
13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request.
14. DEFAULT; REMEDIES: The following shall constitute events of default (“Events of Default”) by Lessee under this Agreement: (a) if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee fails to perform, keep or observe any other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8 Initials: EFM Customer
if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or if any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change in the financial condition, a going concern audit comment of Lessee or any guarantor, or if Lessee admits that it cannot pay its debts as they become due, makes an assignment for the benefit of creditors, is the subject of a voluntary or involuntary petition for bankruptcy, is adjudged insolvent or bankrupt, or a receiver or trustee is appointed for any portion of Lessee’s assets or property; (g) if more than one (1) payment by Lessee to Lessor is returned by Lessee’s bank for any reason within a twelve (12) month period; or (h) if Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or in favor of Lessor, Servicer of Lessor, or any direct or indirect subsidiary of Servicer of Lessor, Enterprise Holdings, Inc. or a subsidiary or affiliate of Enterprise Holdings, Inc.. For purposes of this Section 14, the term “guarantor” shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement.
Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor’s independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee’s default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys’ fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor’s rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee’s rights under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii) in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee’s obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee’s obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative.
15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee’s rights and interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason.
Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee’s interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor.
16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Without Lessor’s prior written consent, Lessee shall not use or include Lessor’s, Servicer’s, any other agent of Lessor’s names or trademarks orally or in writing in any media, customer lists or marketing materials. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee’s address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked “ORIGINAL” by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if more than one) are joint and several.
17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Missouri (determined without reference to conflict of law principles).
18. NON-PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all indebtedness Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8 of Lessor, it shall not institute against, or join any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of this Section 18 shall survive termination of this Master Equity Lease Agreement.
19. NON-APPROPRIATION: Lessee’s funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement).
IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written.
LESSEE: City of Grover Beach
Signature:
By: _______________________________________________________ Title: _______________________________________________________ Address: _______________________________________________________ _______________________________________________________ _______________________________________________________ Date Signed: ,
Approved as to form:
LESSOR: Enterprise FM Trust
By: Enterprise Fleet Management, Inc. its attorney in fact Signature:
By:
Title:
Address:
Date Signed: ,
© 2023 Enterprise Fleet Management, Inc. 23_ENT_EFM_L01464_Gov Equity Form_Updated V2 Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B VP of Finance
Michael Gerges
5805 Sepulveda Blvd
Suite 402
Van Nuys, CA 91411
April 24, 2025
Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8 Initials: EFM Customer
Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8
AMENDMENT TO MASTER EQUITY LEASE AGREEMENT
THIS AMENDMENT (“Amendment”) dated this ____ day of __________, 2025 is attached to, and made a part of, the MASTER EQUITY LEASE AGREEMENT entered into on the ____ day of __________, 2025 (“Agreement”) by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”) and City of Grover Beach ("Lessee"). This Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the parties.
Section 1 of the Master Equity Lease Agreement is amended to read as follows:
Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a “Vehicle” and collectively, the “Vehicles”) described in the schedules from time to time delivered by Lessor to Lessee as set forth below (“Schedule(s)”) for the rentals and on the terms and conditions set forth in this Agreement and in the applicable Schedule. References to this “Agreement” shall include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement, each of which are incorporated herein as part of a single, unitary Agreement. Lessor will, on or about the date of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. Each such Schedule shall contain the terms and vehicle detail previously approved by Lessee in the Quote for said vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) business days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, “Servicer”) may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor.
Section 2 of the Master Equity Lease Agreement is amended to add the following additional paragraph:
Termination: Lessee reserves the right to cancel this Agreement for any reason at all upon thirty (30) days prior written notice to Lessor. In the event of such termination, Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination in accordance with Section 3(b) and 3(c) of the Master Equity Lease Agreement.
Additionally, termination should not affect Lessee’s obligation to pay any indemnities under this agreement Section 3(b) of the Master Equity Lease Agreement is amended to read as follows:
In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with a standard loan amortization table and the adjusted amount will be payable by Lessee to Lessor on the termination date.
Section 3(e) of the Master Equity Lease Agreement is amended to read as follows:
Any rental payment or other amount owed by Lessee to Lessor which is not paid within thirty (30) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the “Default Rate”).
Section 3(g) of the Master Equity Lease Agreement is amended to add the following additional paragraph:
In the event Lessee notifies Lessor of any claim or dispute under this Agreement, and/or any claim involving the Vehicle, Lessor will, in good faith, attempt to resolve the Lessee’s claims in a manner satisfactory to all parties and Lessor will provide commercially reasonable assistance to Lessee in any communications and/or negotiations with the Vehicle’s manufacturer with respect to claims relating to such Vehicle.
Section 4 of the Master Equity Lease Agreement is amended to read as follows:
Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances (including without limitation such federal, state and local laws, statutes, rules, regulations and ordinances governing autonomous vehicles and automated driving systems and any parts, components and products related thereto) and Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8 the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. In connection with autonomous vehicles and automated driving systems and the parts, components and products related thereto, Lessee agrees to comply with all applicable guidance and professional standards issued, released or published by governmental and quasi-governmental agencies, including without limitation the federal guidance for automated vehicles published by the Department of Transportation and the Federal Automated Vehicle Policy issued by the U.S.
Department of Transportation and the National Highway Traffic Safety Administration. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a “school bus” as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor, except that the place for the returning of the Vehicle shall be a site designated by Lessor within the State of California. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro-rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor’s remedies with respect to Lessee’s failure to return any Vehicle as required hereunder.
Section 9(b) of the Master Equity Lease Agreement is amended to add the following additional paragraph:
In the event Lessee notifies Lessor of any claim or dispute under this Agreement, and/or any claim involving the Vehicle, Lessor will, in good faith, attempt to resolve the Lessee’s claims in a manner satisfactory to all parties and Lessor will provide commercially reasonable assistance to Lessee in any communications and/or negotiations with the Vehicle’s manufacturer with respect to claims relating to such Vehicle.
Section 12 of the Master Equity Lease Agreement is amended to read as follows:
Except in the event of the gross negligence or willful misconduct of Servicer or any other agent of Lessor, to the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee’s breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Lessee and the foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to the law.
Section 13 of the Master Equity Lease Agreement is amended to read as follows:
Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) and upon two (2) days written notice during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request.
Section 14 paragraph two of the Master Equity Lease Agreement is amended to read as follows:
Upon the occurrence of any Event of Default, Lessor, with written notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor’s independent contractors shall have the right to enter upon any premises, according to California state law where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8 any other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor’s rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee's rights under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii) in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative.
Section 17 of the Master Equity Lease Agreement is amended to read as follows:
Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of California (determined without reference to conflict of law principles).
Section 19 of the Master Equity Lease Agreement is amended to read as follows:
Lessee’s funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds Lessee may terminate the agreement by giving at least thirty (30) days’ prior written notice to Lessor. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages to the extent permitted by law, in which case, these reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement).
All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease Agreement as of the day and year first above written.
City of Grover Beach (Lessee) Enterprise FM Trust (Lessor) By: Enterprise Fleet Management, Inc., its attorney in fact By By
Title: Title:
Date Signed:_________________, _______ Date Signed:________________________, _______ Approved as to form
Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B April 24, 2025
Michael Gerges
VP of Finance
Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8
INDEMNITY AGREEMENT
This Indemnity Agreement is entered into as of the date of the last signature set forth on the signature page below, by and between Enterprise Fleet Management, Inc., a Missouri corporation (“EFM”), and the company whose name and address are set forth on the signature page below (“Company”).
WITNESSETH:
INDEMNITY: Enterprise Fleet Management, Inc. (“EFM”) agrees to defend and indemnify Company from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) which Company may incur by reason of EFM’s breach or violation of, or failure to observe or perform, any of its obligations as Servicer (EFM in such capacity, “Servicer”) for Enterprise FM Trust in connection with the Master Equity Lease Agreement between Company and Enterprise FM Trust dated as of the date hereof, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle, in each case, while the Vehicle was in possession of the Servicer.
Capitalized terms used herein and not defined herein shall have the meanings given in the Lease.
IN WITNESS WHEREOF, EFM and Company have executed this Indemnity Agreement as of the day and year first below written.
Company:
Signature:
City of Grover Beach EFM:
Signature:
Enterprise Fleet Management, Inc.
By: By:
Title: Title:
Address: Address:
Date Signed: , Date Signed: ,
Approved as to form:
© 2024 Enterprise Fleet Management, Inc. N00633 11.24
Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B Van Nuys, CA 91411
Michael Gerges
VP of Finance
5805 Sepulveda Blvd
April 24, 2025
Suite 402
Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8
GOVERNMENT CREDIT APPLICATION
Please complete all applicable items.
Company Name ________________________________________________ Credit Applicant ______________________________________ Year Business Started ______ Street Address _________________________________________________ City_________________________________________ State ____________ Zip ______________ E-mail ________________________________________________ Phone #_____________________________________ Fax # _______________________________________ Government Entity Type: State County City Other: ________________________________________________________________________________________ Type of Business ________________________________________________________ Duns Number___________________________________________________________ Parent Company or Affiliates(Name & Address): _____________________________________________________________________________________________________
PRIMARY CONTACT INFORMATION
Name ________________________________________________ E-mail _______________________________________________ Phone #____________________________ Fleet Manager Address __________________________________________________________________________________________________________________________
FINANCIAL INFORMATION
Are your books prepared by an outside Accountant? Yes No Accountant Name ______________________________________________ Email Address _______________________________________ Phone #___________________
ENCLOSING WITH APPLICATION
Three years of Financial Statements (with footnotes) Audited Opinioned Internal Published Annual Reports Yes No
Income Tax Returns (3 years) Yes No
Other Items Included: ____________________________________________________________________________________________________________________________ Federal ID Number: _____________________________________________________________________________________________________________________________ Fiscal Year End (Month): _________________________________________________________________________________________________________________________
CURRENT VEHICLE SUPPLIER
Principle Suppliers Phone # E-Mail Address Acct # # of Vehicles Current Vehicle Suppliers Phone # E-Mail Address Acct # # of Vehicles Purchasing Leasing Finance
INSURANCE
Company _________________________________________ Agent____________________________________ Policy # _____________________ Exp. Date______________ Street Address _________________________________________________ City_________________________________________ State ____________ Zip ______________ Phone # ____________________________ Fax # ______________________________ Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8
LESSEE INFORMATION
Company Name ____________________________________________________________________________________ FEIN________________________________________ Street Address _________________________________________________ City_________________________________________ State ____________ Zip ______________ Contact Name___________________________________________________________ Phone #____________________________ Fax # ______________________________ Email Address __________________________________________________________________________________________________________________________________
BANK INFORMATION
Bank Name ______________________________________________________________________ Checking Account Only ________________________________________ Street Address _________________________________________________ City_________________________________________ State ____________ Zip ______________ Bank Contact Name______________________________________________________ Phone #____________________________ Fax # ______________________________ ABA / Routing Number: ___________________________________________________________ Account Number: ______________________________________________ **PLEASE ATTACH A VOIDED CHECK FOR THE ACCOUNT LISTED ABOVE** Upon approval of this Credit Application, I (we) hereby authorize Enterprise Fleet Management, Inc., hereinafter called “EFM”, to initiate, if necessary, credit entries and adjustments for any debit entries in error, to my/our checking account indicated above and to further authorize the depository named above, hereinafter called “DEPOSITORY”, to debit and/or credit the same to such account. I (we) covenant and agree to instruct any and all banks or other financial institution specified in this Credit Application and ACH authorization to process debits using the Automated Clearing House funds-transfer system.
This transaction will be completed in accordance with the following provisions:
1. The withdrawal will occur on the 20th of each month. If the 20th of each month falls on a weekend, amounts will be withdrawn on the next business day.
2. An electronic copy of the invoice and/or statement will be available on EFM’s website (http://efmfleetaccess.efleets.com) by the 5th business day of each month. The Lessee will be expected to review the invoice/statement prior to the 15th of each month. The Lessee reserves the right to call EFM and dispute a charge by the 15th of the month. EFM will withdraw the entire invoice amount each month if no charges have been disputed by the 15th of each month. Upon request to EFM, a hard copy of an invoice or statement will be mailed to the lessee each month via the United States Postal Service.
3. For any amount owed by the Lessee to EFM that is not paid due to insufficient funds on the date the debit should occur, a $25 non-sufficient funds transaction fee will be assessed. The transaction fee shall be paid by the Lessee to EFM on demand.
4. This authorization is to remain in full force and effect until EFM has received written notification from the Lessee of its termination in such time and in such manner as to afford EFM and DEPOSITORY a reasonable opportunity to act on it. Cancellation will also occur if EFM has sent the Lessee a ten day written notice for EFM’s termination of the agreement. Cancellation requests for this agreement should be forwarded to:
ACH AUTHORIZATION AGREEMENT
STATEMENT OF POLICY AND PROCEDURES
Enterprise Fleet Management, Inc. and affiliates will use the information provided in this for the purpose of fleet and rental related services/programs.
Enterprise Fleet Management, Inc. reserves the right to return this application if all sections are not completed or determined misleading.
Enterprise Fleet Management, Inc. will conduct future inquiries on an annual basis as part of the annual credit review process or as fleet size increases, and reserves the right to ask for additional or updated financial information as the need warrants as part of the credit underwriting process.
Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8
AUTHORIZED SIGNERS FOR MOTOR VEHICLE LEASE(S)
RESOLVED, The undersigned hereby certifies (i) that he/she is the duly appointed_______________________________________________________ (Title) for _____________________________________________________________ (Entity legal name) hereafter known as “The Entity”, (ii) that he/she is authorized by The Entity to execute and deliver on behalf of The Entity to Enterprise Fleet Management, hereafter known as “Enterprise” (“Lessor”) and the Master Lease Agreement between Enterprise and the Entity ) the (“Lessee”), and (iii) that the following individuals are authorized and empowered on behalf of and in the name of The Entity to execute and deliver to Enterprise Schedules to the Lease for individual motor vehicles, together with any other necessary documents in connection with those Schedules:
RESOLVED FURTHER, that:
Bond Rating: _________________________________ Rating Agency: ______________________________ Federal ID#: _________________________________ RESOLVED FURTHER, that EFM is authorized to act upon this authorization until written notice of its revocation is received by EFM.
I do hereby certify that the information contained in this Credit Application is accurate in all material aspects as required by law. Further, I do hereby certify that I am an authorized representative of this Company and have been given the authority to sign this agreement on behalf of the Company. ______________________________________________________
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Date
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Signature
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© 2018 Enterprise Fleet Management, Inc. H00479_EFM Government Credit Application For the purpose of seeking to secure credit from Enterprise Fleet Management, Inc. (together with its affiliates, successors, assigns and third party service providers, “EFM”), Credit Applicant (a) authorizes (i) EFM to run a credit report, investigate and verify the information in this Credit Agreement, and/or obtain financial and/or credit information from any person or entity with which Credit Applicant has or had financial dealings, including banks, lending institutions and trade or credit references, whether or not such person or entity is identified in this Credit Application, which information may include financial statements, tax returns, and banking records, (ii) EFM to contact any of Credit Applicant’s current or former employers or creditors to verify any information contained herein or received in connection with this Credit Application if Credit Applicant is a sole proprietor, and (iii) any third party who may have relevant information to provide such information to EFM, (b) will notify EFM if there is any change in name, address, or any material adverse change (i) in any of the information contained in this Credit Application, (ii) in Credit Applicant’s financial condition, or (iii) in Credit Applicant’s ability to perform their respective obligations to EFM, and (c) represents and warrants that any and all information provided to EFM by Credit Applicant is true, correct and complete as of the date hereof. The lack of any notice of change in the representations and warranties included in this Credit Application shall be considered a continuing statement that the information provided in this Credit Application remains true, correct and complete.
As permitted by law, EFM may also release information about EFM’s credit experience with Credit Applicant. Credit Applicant understands and agrees that all reports and records developed by EFM or any third party agent in connection with the foregoing investigations are the sole property of EFM and will not be provided to Credit Applicant unless otherwise required by applicable law or agreed to by EFM in writing.
The Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that Credit Applicant has the capacity to enter into a binding contract); because all or part of Credit Applicant’s income derives from any public assistance program; or because Credit Applicant has in good faith exercised any right under the Consumer Credit Protection Act. If this credit application is denied, Credit Applicant may have the right to a written statement of the specific reason(s) for the denial. To request to obtain the statement, Credit Applicant may contact EFM at: 600 Corporate Park Drive, ATTN: EFM Credit Department, St. Louis, MO 63105, within 60 days from the date Credit Applicant is notified of the denial. If applicable, within 30 days of EFM’s receipt of the request, EFM will send Credit Applicant a written statement specifying the reason(s) for the denial.
The person signing below personally represents and warrants to EFM that he/she is authorized to make this application for credit on behalf of Credit Applicant.
Please note that this Credit Application is an application and does not commit or require EFM to extend any credit whatsoever to Credit Applicant.
Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8
MAINTENANCE MANAGEMENT AND FLEET RENTAL AGREEMENT
This Agreement is entered into as of the day of , by and between Enterprise Fleet Management, Inc., a Missouri corporation, doing business as “Enterprise Fleet Management” (“EFM”), and City of Grover Beach (the “Company”).
1. ENTERPRISE CARDS: EFM will provide the Company with an EFM Card for each vehicle, which EFM Card is an electronic card and is located on the Efleets mobile app and the efleets.com client website, for use in authorizing the payment of charges incurred in connection with the vehicle maintenance program (the “Program”) for a vehicle. The Company agrees to be and shall be liable to EFM for all charges made by or for the account of the Company with the EFM Card (other than any charges which are the responsibility of EFM under the terms of this Agreement). EFM will invoice the Company for all such charges, and the Company agrees to and shall pay to EFM all invoiced amounts in accordance with the terms of this MaintenanceManagement and Fleet Rental Agreement (Agreement). EFM reserves the right, and the Company agrees and acknowledges that EFM shall have the right, to change the terms and conditions as set forth in this Agreement for the use of the EFM Card at any time. The EFM Card is and shall remain at all times the property of EFM, and EFM may revoke the Company’s right to possess, access, or use the EFM Card at any time and for any reason. The EFM Card is non-transferable. EFM will provide a driver information packet (the “Packet”) outlining theMaintenanceManagement Program. The Parties agree that theMaintenance Management Program is subject to the terms and conditions of the Packet.
2. VEHICLE REPAIRS AND SERVICE: EFM will provide purchase order control by telephone, electronic mail, or in writing authorizing charges for service, maintenance, or repairs exceeding $125.00, which may change from time to time based on market conditions, or such other amount as may be established by EFM, in its sole discretion, from time to time under the Program. All charges for service, maintenance or repairs will be invoiced to EFM. Invoices will be reviewed by EFM for accuracy, proper application of any applicable manufacturer’s warranty, application of potential discounts and unnecessary, unauthorized repairs.
Notwithstanding the above, in the event the repairs and service are the result of damage from an accident or other non-maintenance related cause (including glass claims), thesematters will be referred to the Company’s FleetManager. If the Company prefers that EFM handle the damage repair, the Company agrees to assign the administration of the matter to EFM. EFM will administer such claims in its discretion. The fees for this service will be up to $125.00 per claim and the Company agrees to reimburse for repairs as outlined in this agreement. If the Company desires the assistance of EFM in recovering damage amounts from at fault third parties, a Vehicle Risk Management Agreement must be on file for theCompany.
3. BILLING AND PAYMENT: All audited invoices paid by EFM on behalf of the Company will be consolidated and submitted to the Company on a singlemonthly invoice for the entire Company fleet covered under this Agreement. The Company is liable for, and will pay EFM within twenty (20) days after receipt of an invoice or statement for, all purchases invoiced to the Company by EFM, which were paid by EFM for or on behalf of the Company. EFM will be entitled to retain for its own account, and treat as being paid by EFM for purposes of this Agreement, any discounts it receives from a supplier with respect to such purchases which are based on the overall volume of business EFM provides to such supplier and not solely the Company’s business.
4. RENTAL VEHICLES: The EFM Card allows the Company the option to arrange for a rental vehicle at a discounted rate with a subsidiary or affiliate of Enterprise Holdings, Inc. (“EHI”) for a maximum of two (2) days without prior authorization from EFM. Extensions beyond two (2) days must be approved by EFM. The Company shall be fully responsible for all obligations under any rental agreement with a subsidiary or affiliate of EHI pursuant to this Agreement. All drivers of
a rental vehicle must be at least twenty one (21) years of age unless otherwise required by law, hold a valid driver’s license, be an employee ofthe Company and authorized by the Company through established reservation procedures and meet all other applicable requirements of the applicable subsidiary or affiliate of EHI.
The Company will be provided a specific telephone number for use in arranging a rental vehicle described in this Section.
5. NO WARRANTY: The Company acknowledges that EFM does not perform maintenance or repair services on the Company’s vehicles or any rental vehicles and any maintenance or repair services are to be performed by third parties. EFM MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER OF ANY KIND,
EXPRESSORIMPLIED,WHETHERARISINGBYCOURSEOFDEALING,COURSEOF PERFORMANCE,USAGEOF TRADEOROTHERWISEWITHRESPECT TO
PRODUCTS, REPAIRS OR SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY
REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY, COMPLIANCE WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY, PERFORMANCE, QUALITY OR FITNESS FOR USE. Any defect in the performance of any product, repair or service will not relieve the Company from its obligations under this Agreement, including without limitation the payment to EFM of monthly invoices.
6. CANCELLATION: Either party may cancel any Card under this Agreement or this Agreement in its entirety at any time by giving written notice to the other party. The cancellation of any Card or termination of this Agreement will not affect any rights or obligations under this Agreement, which shall have previously accrued or shall thereafter arise with respect to any occurrence prior to such cancellation or termination. Upon such cancellation or termination, the Company shall immediately cease using or accessing the EFM Card. Notice to EFM regarding the cancellation of any Card shall specify the Card number andidentify the Company’s representative. EFM will exercise due care to prevent additional charges from being incurred once the Company has notified EFM of its desire to cancel any outstanding Card under this Agreement.
Initials: EFM Company
Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8
7. NOTICES: Any notice or other communication under this Agreement shall be in writing and delivered in person, electronic mail or mailed postage prepaid by registered or certified mail or sent by express overnight delivery service with a nationally recognized carrier, to the applicable party at its address set forth on the signature page of this Agreement, or at such other address as any party hereto may designate as its address for communications under this Agreement by notice so given. Any such notice or communication sent bymail will be effective and deemed received three (3) days after deposit in the United States mail, duly addressed to the address for the Party set forth below, with registered or certified mail postage prepaid. Any such notice or communication sent by express overnight delivery service with a nationally recognized carrier will be effective and deemed received one (1) day after deposit with such delivery service, duly addressed, with delivery fees prepaid. The Company shall promptly notify EFM of any change in the Company’s address.
8. FEES: EFM will charge the Company for the service under this Agreement $ per month per Card.
9. MISCELLANEOUS: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that Company may not assign, transfer or delegate any of its rights or obligations under this Agreement without the prior written consent of EFM. This Agreement is governed by the substantive laws of the State of Missouri (determined without reference to conflict of law principles).
IN WITNESS WHEREOF, EFM and the Company have executed this Maintenance Management and Fleet Rental Agreement as of the day and year first above written.
COMPANY:
Signature:
City of Grover Beach EFM:
Signature:
Enterprise Fleet Management, Inc.
By: By:
Title: Title:
Address: Address:
Date Signed: , Date Signed: ,
Approved as to form:
Initials: EFM Company © 2022 Enterprise Fleet Management, Inc. K06788 MaintManagement_updated2.22 Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B 6 Van Nuys, CA 91411
Suite 402
April 24, 2025
VP of Finance
Michael Gerges
5805 Sepulveda Blvd
Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8
AGREEMENT TO SELL CUSTOMER VEHICLES
THIS AGREEMENT is entered into by and among the entities set forth on the attached Schedule 1 (hereinafter each an “Enterprise Entity” and collectively the “Enterprise Entities”) and Enterprise Fleet Management, Inc. (hereinafter referred to as “EFM”) (the “Enterprise Entities” and “EFM” shall collectively be referred to as “Enterprise”) on the one hand and City of Grover Beach (hereinafter referred to as “CUSTOMER”), on the other hand on this day of , (hereinafter referred to as the “Execution Date”).
RECITALS
A. Enterprise FM Trust and CUSTOMER have entered into an agreement whereby Customer has agreed to lease certain vehicles set forth in the agreement between Customer and Enterprise FM Trust; B. EFM is the servicer of the lease agreement between Enterprise FM Trust and Customer; C. Enterprise, from time to time, sells vehicles at wholesale auctions and other outlets; and D. TheCUSTOMERandEnterprisewish to enter into an agreementwherebyEnterprisewill sell atwholesale,CUSTOMER’s vehicles set forth on Exhibit A, attached hereto and incorporated herein, as supplemented from time to time (collectively, the “Vehicles”).
NOW, THEREFORE, for and in consideration of the mutual promises and covenants hereinafter set forth, the parties agree as follows:
TERMS AND CONDITIONS
1. Right to Sell: Enterprise shall have the non-exclusive right to sell any Vehicles assigned to Enterprise by CUSTOMER, or under consignment from Customer to Enterprise, as the case may be dependent upon applicable law in the jurisdiction in which the Vehicle is to be sold. For Vehicles to be sold under assignment, Customer shall assign the title to Enterprise and deliver the assigned title to Enterprise with the Vehicle. For Vehicles to be sold under consignment, Customer shall execute a consignment agreement granting Enterprise power in any and all matters pertaining to the transfer of Vehicle titles and any papers necessary thereto on behalf of CUSTOMER.
2. AdditionalDocumentation: Where necessary,CUSTOMERshall execute any and all additional documentation,required to effectuate the sale of Vehicle(s).
3. Service Fee: For each Vehicle sold, theCUSTOMERshall pay Enterprise an administrative fee of the lesser of $ or the maximum permitted by law (“Service Fee”).
4. Sales Process: Enterprise shall use reasonable efforts in its sole discretion to sell each Vehicle. CUSTOMERmay, at its discretion, place a Minimum Bid or Bid to be Approved (BTBA) on any Vehicle by providing prior written notification to Enterprise. Enterprise shall have full discretion to accept any bid at or above the designated minimum bid or BTBA. Absent any such minimum bid or BTBA, Enterprise shall have full discretion to accept any bid on a Vehicle.
5. Time for Payment:
(a) No later than twenty-one (21) business days after the collection of funds by Enterprise for the sale of a Vehicle, Enterprise will remit to the CUSTOMER an amount equal to the Vehicle sale price minus any seller fees, auction fees, Service Fees, towing costs, title service fees, enhancement fees and any expenses incurred by Enterprise while selling Vehicle, regardless of whether the purchaser pays for the Vehicle.
(b) Enterprise’s obligations pursuant to Section 5(a) shall not apply to Vehicle sales involving mistakes or inadvertences in the sales process where Enterprise reasonably believes in its sole discretion that fairness to the buyer or seller justifies the cancellation or reversal of the sale. If Enterprise has already remitted payment to CUSTOMER pursuant to Section 5(a) prior to the sale being reversed or cancelled,CUSTOMER agrees to reimburse Enterprise said payment in full. Enterprise will then re-list the Vehicle and payCUSTOMER in accordance with this Section 5. Examples of mistakes or inadvertences include, but are not limited, to Vehicles sold using inaccurate or incomplete vehicle or title descriptions and bids entered erroneously.
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6. Indemnification and Hold Harmless: Except as otherwise provided herein, CUSTOMER agrees to indemnify, defend and hold EFMand each Enterprise Entity and their parents and affiliated entities, employees and agents harmless to the extent any loss, damage, or liability arises from EFM or any Enterprise Entity’s use or operation of a vehicle and for the negligence or willful misconduct of Customer, its agents or employees, and for its breach of any term of this Agreement. The parties’ obligations under this section shall survive termination of this Agreement.
7. Risk of Loss: Notwithstanding anything to the contrary hereunder, CUSTOMER shall assume all risk of loss for damage to or loss of any Vehicle or any part or accessory regardless of fault or negligence of CUSTOMER, Enterprise, EFM or any other person or entity or act of God.
8. Liens, Judgments, Titles and Defects: CUSTOMER represents and warrants it holds full legal title to each such Vehicle, title to each such Vehicle is clean and not subject to being branded for any reason, or requires any form of additional disclosure to a purchaser and that there are no open recalls on each such Vehicle. CUSTOMER shall defend, indemnify and hold Enterprise, EFM, their parents, employees and agents harmless from and against any and all claims, expenses (including reasonable attorney’s fees), suits and demands arising out of, based upon, or resulting from any judgments, liens or citations that were placed on the Vehicle, defects in the Vehicle’s title, or mechanical or design defects in the Vehicle.
9. Odometer: Neither EFMnor Enterprise assume responsibility for the correctness of the odometer reading on any Vehicle and the CUSTOMER shall defend, indemnify and hold EFM, Enterprise, their parents, employees and agents harmless fromand against any and all claims, expenses (including reasonable attorney’s fees), suits and demands arising out of, based upon or resulting from inaccuracy of the odometer reading on any Vehicle or any odometer statement prepared in connection with the sale of any Vehicle, unless such inaccuracy is caused by EFM, Enterprise, their employees or officers.
10. Bankruptcy: Subject to applicable law, in the event of the filing by CUSTOMER of a petition in bankruptcy or an involuntary assignment of its assets for the benefit of creditors, EFM or Enterprise may accumulate sales proceeds from the sale of all Vehicles and deduct seller fees, auction fees, Service Fees, towing costs, title service fees, enhancement fees and any expenses incurred by EFMor Enterprise while selling Vehicle from said funds. EFM or Enterprise will thereafter remit to CUSTOMER the net proceeds of said accumulated sales proceeds, if any.
11. Compliancewith Laws: EFM, Enterprise andCUSTOMERshall complywith all federal, state, and local laws,regulations, ordinances, and statutes, including those of any state motor vehicle departments, department of insurance, and the Federal Odometer Act.
12. Insurance: CUSTOMER shall maintain and provide proof of Automobile Liability Insurance until the later of title transfer to purchaser of Vehicle or transfer of sales proceeds to Customer covering liability arising out of maintenance, use or operation of any Vehicle (owned, hired and non-owned) under this Agreement, with limits of not less than one million dollars ($1,000,000) per occurrence for bodily injury and property damage. EFM, Enterprise, and their subsidiaries and affiliates are to be named as Additional Insureds. This insurance shall be written as a primary policy and not contributing with any insurance coverage or self-insurance or other means of owner’s financial responsibility applicable to EFM or Enterprise. CUSTOMERmust waive andmust require that its insurer waive its right of subrogation against EFMand Enterprise and their affiliates, employees, successors and permitted assigns on account of any and all claims CUSTOMERmay have against EFMor Enterprise with respect to insurance actually carried or required to be carried pursuant to this Agreement.
13. Term: This agreement is effective on the Execution Date and shall continue until such time as either party shall notify the other party with thirty (30) days prior written notice to terminate the Agreement with or without cause.
14. Modification: No modification, amendment or waiver of this Agreement or any of its provisions shall be binding unless in writing andduly signed by the parties hereto.
15. Entire Agreement: ThisAgreement constitutes the entire Agreement between the parties and supersedes all previous agreements, promises, representations, understandings, and negotiations, whether written or oral, with respect to the subject matter hereto.
16. Liability Limit: EXCEPT TO THE EXTENT A PARTY HERETO BECOMES LIABLE FOR ANY DAMAGES OF THE TYPES DESCRIBED BELOW TO A
THIRD PARTY AS A RESULT OF A THIRD PARTY CLAIM AND SUCH PARTY IS ENTITLED TO INDEMNIFICATION WITH RESPECT THERETO UNDER
THE PROVISIONS OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY HEREUNDER BE LIABLE TO OTHER PARTY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL,
LOSS OF PROFITS OR REVENUES, LOSS OF SAVINGS AND/OR INTERRUPTIONS OF BUSINESS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Attorney’s Fees: In the event that a party hereto institutes any action or proceeding to enforce the provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party reasonable attorney’s fees and costs for legal services rendered to the prevailing party.
Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8
18. Authorization: Each party represents and warrants to the other party that the person signing this Agreement on behalf of such party is duly authorized to bind such party.
19. Independent Contractor: EFM and Enterprise shall perform the services hereunder as an independent contractor of Customer and no term of this Agreement shall be deemed or construed to render CUSTOMER and EFM or Enterprise as joint venturers or partners.
20. Unsold Vehicles: Should such Vehicle not sell, Customer shall pick up Vehicle within five (5) business days of being provided notice that the Vehicle has not been sold and, for Vehicles assigned to Enterprise by Customer, Enterprise shall assign title back to CUSTOMER. “ENTERPRISE”
Signature:
“CUSTOMER”
Signature:
Printed Name: Printed Name:
Title: Title:
Date Signed: , Date Signed: ,
Approved as to form ________________________________
Schedule 1
Enterprise Leasing Company of STL, LLC
Enterprise Leasing Company of Georgia, LLC
Enterprise Leasing Company of Florida, LLC
Enterprise Leasing Company of KS LLC
EAN Holdings, LLC
Enterprise Leasing Company of Orlando, LLC
Enterprise Leasing Company of Indianapolis, LLC
Enterprise Rent-A-Car Company of Boston, LLC
Enterprise Leasing Company of Denver, LLC
Enterprise Leasing Company of Chicago, LLC
Enterprise RAC Company of Maryland, LLC
Enterprise Leasing Company of Philadelphia, LLC
Enterprise RAC Company of Baltimore, LLC
Enterprise Leasing Company of Minnesota, LLC
Enterprise Leasing Company of Detroit, LLC
Enterprise Leasing Co of Norfolk/ Richmond, LLC
Enterprise Rent-A-Car Co of San Francisco, LLC
ELRAC, LLC
SNORAC, LLC
Enterprise Rent-A-Car Company of Sacramento, LLC
Enterprise Rent-A-Car Company of Los Angeles, LLC
Enterprise RAC Company of Cincinnati, LLC
CLERAC, LLC
Enterprise Rent-A-Car Company of Pittsburgh, LLC
Enterprise Rent-A-Car Company of Wisconsin, LLC
Enterprise Rent-A-Car Company of UT, LLC
CAMRAC, LLC
Enterprise Rent-A-Car Company of Rhode Island, LLC
Enterprise Leasing Company of Phoenix, LLC
Enterprise Leasing Company- Southeast, LLC
Enterprise Leasing Company- West, LLC
Enterprise Leasing Company- South Central, LLC
PENRAC, LLC
Enterprise Rent-A-Car Company of KY, LLC
Enterprise Rent-A-Car Company - Midwest, LLC
EnterpriseRACCompany ofMontana/Wyoming, LLC
Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B VP of Finance
April 24, 2025
Michael Gerges
Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8
CONSIGNMENT AUCTION AGREEMENT
THIS AGREEMENT is entered into by and between Enterprise Fleet Management, Inc. a Missouri Corporation (hereinafter referred to as “Enterprise”) and City of Grover Beach (hereinafter referred to as “CUSTOMER”) on this day of , (hereinafter referred to as the “Execution Date”).
RECITALS
A. Enterprise is in the business of selling previous leased and rental vehicles at wholelsale auctions;and B. TheCUSTOMER is in the business of .
C. TheCUSTOMERand Enterprisewish to enter into an agreementwherebyEnterprisewill sell atwholesale auction,CUSTOMER’s vehicles set forth on Exhibit A, attached hereto and incorporated herein, as supplemented from time to time (collectively, the “Vehicles”).
NOW, THEREFORE, for and in consideration of the mutual promises and covenants hereinafter set forth, the parties agree as follows:
TERMS AND CONDITIONS
1. Right to Sell: Enterprise shall have the non-exclusive right to sell any Vehicles consigned to Enterprise by a CUSTOMER within the Geographic Territory.
2. Power of Attorney: CUSTOMER appoints Enterprise as its true and lawful attorney-in-fact to sign Vehicle titles on behalf of CUSTOMER for transfer of same and hereby grant it power in any and all matters pertaining to the transfer of Vehicle titles and any papers necessary thereto on behalf of CUSTOMER. The rights, powers and authorities of said attorney-in-fact granted in this instrument shall commence and be in full force and effect on the Execution Date, and such rights, powers and authority shall remain in full force and effect thereafter until terminated as set forth herein.
3. Assignments: Vehicle assignments may be issued to Enterprise by phone, fax, orelectronically.
4. Service Fee: For each Vehicle sold, the CUSTOMER shall pay Enterprise a fee of $ (“Service Fee”) plus towing at prevailing rates.
5. Sales Process: Enterprise shall use reasonable efforts sell each Vehicle. CUSTOMER may, at its discretion, place a Minimum Bid or Bid to be Approved (BTBA) on any Vehicle by providing prior written notification to Enterprise.
6. Time for Payment:
(a) No later than ten (10) business days after the collection of funds for the sale of a Vehicle, Enterprise will remit to the CUSTOMER an amount equal to the Vehicle sale price minus any seller fees, auction fees, Service Fees, towing costs, title service fees, enhancement fees and any expenses incurred by Enterprise while selling Vehicle, regardless of whether the purchaser pays for the Vehicle. (b) Enterprise’s obligations pursuant to Section 6(a) shall not apply to Vehicle sales involving mistakes or inadvertences in the sales process where Enterprise reasonably believes that fairness to the buyer or seller justifies the cancellation or reversal of the sale. If Enterprise has already remitted payment to CUSTOMER pursuant to Section 6(a) prior to the sale being reversed or cancelled, CUSTOMER agrees to reimburse Enterprise said payment in full. Enterprise will then re-list the Vehicle and pay CUSTOMER in accordance with this Section
6. Examples of mistakes or inadvertences include, but are not limited, to Vehicles sold using inaccurate or incomplete vehicle or title descriptions and bids entered erroneously.
7. Indemnification andHoldHarmless: Enterprise andCUSTOMER agree to indemnify, defend and hold each other and its parent, employees and agents harmless to the extent any loss, damage, or liability arises from the negligence or willful misconduct of the other, its agents or employees, and for its breach of any term of this Agreement. The parties’ obligations under this section shall survive termination of this Agreement.
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400
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8. Liens, Judgments, Titles and Defects: CUSTOMER shall defend, indemnify and hold Enterprise its parent, employees and agents harmless from and against any and all claims, expenses (including reasonable attorney’s fees), suits and demands arising out of, based upon, or resulting from any judgments, liens or citations that were placed on the Vehicle, defects in the Vehicle’s title, or mechanical or design defects in the Vehicle.
9. Odometer: Enterprise assumes no responsibility for the correctness of the odometer reading on any Vehicle and the CUSTOMER shall defend, indemnify and hold Enterprise its parent, employees and agents harmless from and against any and all claims, expenses (including reasonable attorney’s fees), suits and demands arising out of, based upon or resulting from inaccuracy of the odometer reading on any Vehicle or any odometer statement prepared in connection with the sale of any Vehicle, unless such inaccuracy is caused by an employee, Enterprise, or officer of Enterprise.
10. Bankruptcy: Subject to applicable law, in the event of the filing by CUSTOMER of a petition in bankruptcy or an involuntary assignment of its assets for the benefit of creditors, Enterprise may accumulate sales proceeds from the sale ofall Vehicles and deduct seller fees, auction fees, Service Fees, towing costs, title service fees, enhancement fees and any expenses incurred by Enterprise while selling Vehicle from said funds.
Enterprise will thereafter remit to CUSTOMER the net proceeds of said accumulated sales proceeds, if any.
11. Compliance with Laws: Enterprise shall comply with all federal, state, and local laws, regulations, ordinances, and statutes, including those of any state motor vehicle departments, department of insurance, and the Federal Odometer Act.
12. Insurance: CUSTOMER shall obtain and maintain in force at all times during the term of this Agreement and keep in place until each Vehicle is sold and title is transferred on each Vehicle, automobile third party liability of $1,000,000 per occurrence and physical damage coverage on all Vehicles. This insurance shall be written as a primary policy and not contributing with any insurance coverage or self-insurance applicable to Enterprise.
13. Term: This agreement is effective on the Execution Date and shall continue until such time as either party shall notify the other party with thirty (30) days prior written notice to terminate the Agreement with or without cause.
14. Modification: No modification, amendment or waiver of this Agreement or any of its provisions shall be binding unless in writing andduly signed by the parties hereto.
15. Entire Agreement: ThisAgreement constitutes the entire Agreement between the parties and supersedes all previous agreements, promises, representations, understandings, and negotiations, whether written or oral, with respect to the subject matter hereto.
16. Liability Limit: In the event Enterprise is responsible for any damage to a Vehicle, Enterprise’s liability for damage to a Vehicle in its possession shall be limited to the lesser of: (1) the actual cost to repair the damage to such vehicle suffered while in Enterprise’s possession; or (2) the negative impact to the salvage value of such vehicle. Enterprise shall not be liable for any other damages to a Vehicle of any kind, including but not limited to special, incidental, consequential or other damages.
17. Attorney’s Fees: In the event that a party hereto institutes any action or proceeding to enforce the provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party reasonable attorney’s fees and costs for legal services rendered to the prevailing party.
18. Authorization: Each party represents and warrants to the other party that the person signing this Agreement on behalf of such party is duly authorized to bind such party.
“ENTERPRISE”
Signature:
“CUSTOMER”
Signature:
Printed Name: Printed Name:
Title: Title:
Date Signed: , Date Signed: ,
Approved as to form __________________________
Docusign Envelope ID: D8C29B4C-E64F-4F7E-B1AA-805238A04C0B VP of Finance
April 24, 2025
Michael Gerges
Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8
MEDIUM DUTY AND HEAVY DUTY INSURANCE ADDENDUM TO MASTER WALKAWAY LEASE AGREEMENT (LIABILITY COVERAGE)
This Addendum is made to the Master Walkaway Lease Agreement as amended (the “Agreement”), by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”) and the lessee whose name is set forth on the signature line below (“Lessee”).
This Addendum is attached to and made a part of the Agreement (including each Schedule to the Agreement). All capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement.
Notwithstanding the provisions of Section 11 of the Agreement, Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Medium Duty and Heavy Duty Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability:
Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No-Fault Protection where required by law) for the limits listed below:
14,001-26,000 GVWR: a minimum of $1,000,000 Combined Single Limit Bodily Injury and Property Damage or a combination of Auto Combined Single Limit and Umbrella coverage - No Deductible, no aggregate limits 26,001-33,000 GVWR: a minimum of $2,000,000 Combined Single Limit Bodily Injury and Property Damage or a combination of Auto Combined Single Limit and Umbrella coverage - No Deductible, no aggregate limits 33,001+ GVWR: a minimum of $5,000,000 Combined Single Limit Bodily Injury and Property Damage or a combination of Auto Combined Single Limit and Umbrella coverage- No Deductible, no aggregate limits Vehicles with specialized aftermarket may require additional coverage beyond the stated minimum limits noted above at the discretion of the Lessor.
Except as amended hereby, all the terms and provisions set forth in Section 11 and the Agreement shall remain in full force and effect. In the event of any conflict between this Addendum and the Agreement or any of the Schedules, the terms and provisions of this Addendum will govern and control.
LESSEE: ______________________________________
Signature: ______________________________________
By: ______________________________________
Title: ______________________________________
Address: ______________________________________
______________________________________
______________________________________
Date Signed: _______________________, ___________
LESSOR: Enterprise FM Trust
By: Enterprise Fleet Management, Inc. its attorney in fact Signature: ______________________________________
By: ______________________________________
Title: ______________________________________
Address: ______________________________________
______________________________________
______________________________________
Date Signed: _______________________, ___________
© 2019 Enterprise Fleet Management, Inc. Medium and Heavy Duty Vehicle Insurance Addendum - Liability - Walkaway Docusign Envelope ID: 0CBB02AB-AB5F-4D4E-9D46-61CAE42A3FC8 Agenda Item No. 11
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 28, 2025 FROM: Matthew Bronson, City Manager
PREPARED BY: Bryan Millard, Police Commander
SUBJECT: Policy Direction on Social Host Ordinance for Fireworks Activity
RECOMMENDATION
Receive proposed regulatory framework for a Social Host ordinance related to fireworks activity and provide policy direction to staff on development of ordinance.
BACKGROUND
The discharge of illegal fireworks is a common problem faced by many jurisdictions in California, including Grover Beach and the surrounding communities. On May 18, 2020, Council approved an update to the Grover Beach Municipal Code that changed the public discharge period of Safe and Sane fireworks (legal ground-based fireworks approved by the State Fire Marshal) to only occur on July 4th from 10:00 a.m. to 10:00 p.m. The change became effective on June 19, 2020.
Since June 19, 2020, the Police Department has focused enforcement efforts on illegal fireworks being used in the city, which comprise a majority of the fireworks complaint calls the department responds to. Beginning in 2021, the department introduced the use of drone technology to help identify violators from above. The drones have proven successful by allowing staff to safely observe violations from the air and dispatch ground units. Additionally, the department believes the use of drones has been effective in reducing the use of illegal fireworks because of their welladvertised presence.
On March 10, 2025, staff provided an update to the Council about fireworks enforcement and oversight. As part of this update, staff presented the concept of a “Social Host ordinance” as another option to help deter illegal fireworks activity. Several communities including Elk Grove, Long Beach, and Santa Maria use such ordinances to levy fines against property owners and/or tenants for illegal fireworks activity at the property and the County is adopting a similar ordinance for unincorporated areas. The Council expressed interest in this concept and directed staff to agendize a discussion on a Social Host ordinance prior to potential development of such an ordinance in Grover Beach.
Prior to proceeding with drafting an ordinance, staff wished to present the Council with a proposed regulatory framework on such an ordinance for the Council’s review and policy direction. Pending this direction, staff would plan to proceed in drafting this ordinance and introducing it for a first reading at the May 12th meeting with a public hearing and second reading at the May 27th meeting.
This timeframe would allow the ordinance to go into effect by the July 4th holiday to help deter illegal fireworks activity.
Staff Report: Policy Direction on Social Host Ordinance for Fireworks Activity April 28, 2025
Proposed Regulatory Framework
Definition of Social Host
For this proposed ordinance, the term “Social Host” (also referred to as “host”) is proposed to be defined as:
1. Any owner of private property as listed on the most recent assessment roll; and/or
2. Any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contract; and/or
3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.
These three categories are included in the interest of broadly defining responsibility for such activity on public or private property and are similar to categories used in the Elk Grove ordinance.
However, the Council may wish to limit the definition of “Social Host” in this ordinance to one or more of the three categories shown above.
Host Liability
Except as may be permitted by State law, the proposed ordinance would state that a host who permits or fails to prevent any discharge of illegal fireworks on a property under their possession or control, or on an adjacent public or private street or sidewalk, shall be deemed to have actual or constructive knowledge that illegal fireworks have been discharged if the host has not taken all reasonable steps to prevent the discharge of illegal fireworks. This liability is based on the presumption that the record owner of a private property, as shown on the County’s latest equalized property taxes assessment rolls, and a lessee of the property has notice of any violation existing on or from said property. It is the duty of any host to take all reasonable steps to prevent the discharge of illegal fireworks on the host's property, or on an adjacent public or private street or sidewalk, within the city.
These provisions would not apply to:
1. The possession, manufacture, storage, display, sale, use, or discharge of safe and sane fireworks as permitted under Federal or State law.
2. A host who initiates contact with law enforcement or fire officials to assist in removing any person, or illegal fireworks, from the host’s property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this chapter.
3. No person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for illegal fireworks violations occurring in the common areas of the property.
Fines and Citations Issued
This proposed ordinance would authorize the imposition of administrative fines on any “Social Host” who violates any provision of the ordinance in order to encourage and obtain compliance for the benefit and protection of the entire community. This ordinance would specify the imposition, enforcement, collection and administrative review of all administrative fines related to possession, use, storage, sale and/or display of those fireworks classified as “illegal fireworks” as defined in Staff Report: Policy Direction on Social Host Ordinance for Fireworks Activity April 28, 2025
Section 12500 et seq. of the California Health and Safety Code. Exceptions include a pyrotechnic licensee when operating pursuant to that license and the use of “safe and sane fireworks” as defined in Section 12500 et seq. of the California Health and Safety Code on or at dates, times and/or locations other than those permitted by this chapter. Administrative fines are imposed under authority of Section 53069.4 of the Government Code, Section 12557 of the Health and Safety Code, and the police power of the City.
The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized hereunder; and the issuance of a citation to any responsible person constitutes but one remedy for the City to redress violations of this code. This ordinance would not limit the City’s ability or authority to employ any other remedy, civil or criminal, to redress any violation of this code by any responsible person.
The imposition of fines related to illegal fireworks under this chapter shall be limited to host(s) who possess, sell, use and/or display, or the seizure of, twenty-five (25 lbs) pounds or less (gross weight) of such illegal fireworks. Each violation observed would amount to a $1,000 citation issued.
Fines collected pursuant to this ordinance related to illegal fireworks shall not be subject to Section 12706 of the Health and Safety Code, which provides that certain fines collected by a court of the State be deposited with, and disbursed by, the County Treasurer.
This proposed ordinance would impose a duty upon the owners of all real property to ensure that there are no violations of this code related to illegal fireworks activity on such real property. Each violation of this code, whether on the same day or different day, shall constitute a separate violation and shall be subject to a separate administrative fine. Administrative fine(s) issued pursuant to this ordinance shall be due and payable in accordance with GBMC Chapter 37.016 and the citee shall be required to abate the violation and immediately surrender all illegal fireworks to the law enforcement personnel, and/or fire personnel, immediately. For penalties not paid in full within that time, a late charge in the amount set by resolution of the City Council may be imposed and must be paid to the City by the citee.
Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the code.
Appeals
Appeals for administrative citations issued in conjunction with this chapter will be handled in accordance with Grover Beach Municipal Code (GBMC) Chapter 37.016.
Misdemeanor
Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor which shall be enforced pursuant to the provisions of GBMC Chapter 37.
FISCAL IMPACT
The adoption of a Social Host ordinance would require unknown administrative costs related to the processing and data entry of citations and payments collected on behalf of this ordinance.
Other associated costs are staff time related to the education and enforcement of this ordinance by City and Police Department personnel. Citations/fines issued to violators would likely offset these costs to the City related to enforcement of the ordinance.
Staff Report: Policy Direction on Social Host Ordinance for Fireworks Activity April 28, 2025
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive proposed regulatory framework for a Social Host ordinance related to fireworks activity and provide policy direction to staff on development of ordinance; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.