Recommendation: Adopt a Resolution approving Project P22-000003 for a Coastal Development Permit and Architectural Review Permit for the construction of a new 3,203 square-foot single-family residence; and adopting Categorical Exemption No. 2022-008.
Presenting Staff:
Michael Gruver, Associate Planner
Public Hearing / Call for Public Comment:
Public comment received via email from the following:
Antonio Cintra (2)
James David Payne
Ryan Orian
The following commented:
Steve Puglisi, Architect / Applicant Representative.
Action: Adopt a Resolution approving Project P22-000003 for a Coastal Development Permit and Architectural Review Permit for the construction of a new 3,203 square-foot single-family residence; and adopting Categorical Exemption No. 2022-008.
Motion: Wills
Second: Van Rozeboom
Vote: The motion passed on the following vote:
Ayes: 5 Wills, Van Rozeboom, Oberhelman, Malone Prichard, Jones Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution No. PC-R-2022-011 adopted.
Item 7.B: CONSIDER THE PROPOSED PROJECT AND PROVIDE DIRECTION TO STAFF REGARDING APPROVAL OF PROJECT P21-000087 FOR A
COASTAL DEVELOPMENT PERMIT AND ARCHITECTURAL REVIEW
PERMIT FOR THE CONSTRUCTION OF A TUNNEL COMPLEX WITH A
NEW GARAGE AND ELEVATOR TO ACCESS A NEW CABANA AND
POOL UPSLOPE OF AN EXISTING SINGLE-FAMILY RESIDENCE; AND ADOPTING CATEGORICAL EXEMPTION NO. 2022-009 (GRUVER)
Recommendation: Consider the proposed project and provide direction to staff regarding approval of Project P21-000087 for a Coastal Development Permit Attachment 4
April 26, 2022 Planning Commission Minutes Excerpt
11.A-31Council Agenda 6-7-2022
Packet Page 153
Pismo Beach Planning Commission Minutes April 26, 2022
and Architectural Review Permit for the construction of a tunnel complex with a new garage and elevator to access a new cabana and pool upslope of an existing single-family residence; and adopting Categorical Exemption No. 2022-009.
Presenting Staff:
Michael Gruver, Associate Planner
Public Hearing / Call for Public Comment:
Public comment received via email from the following:
Nicole Frank;
Erik Howell.
The following commented:
Don Love, Architect / Applicant Representative;
Scott Lewis, Tunnel Contractor / Applicant Representative; Thierry Thaure, Applicant / Owner.
Action: Adopt a Resolution approving Project P21-000087 for a Coastal Development Permit and Architectural Review Permit for the construction of a tunnel complex with a new garage and elevator to access a new cabana and pool upslope of an existing single-family residence; adopting Categorical Exemption No. 2022-009; with a minor correction to the lot coverage noted on the permit to 10,723 sq. ft., and correcting Condition of Approval A-8 to Section R337 of the CA Residential Code.
Motion: Van Rozeboom
Second: Malone Prichard
Vote: The motion passed on the following vote:
Ayes: 5 Van Rozeboom, Malone Prichard, Wills, Oberhelman, Jones Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution No. PC-R-2022-012 adopted.
8.BUSINESS ITEMS
None.
9. PLANNING COMMISSION COMMENTS AND REQUESTS
Attachment 4
April 26, 2022 Planning Commission Minutes Excerpt
11.A-32Council Agenda 6-7-2022
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:
FIRE DEPARTMENT SEMI ANNUAL REPORT
RECOMMENDATION:
Receive Fire Department briefing.
BACKGROUND:
Battalion Chief Paul Lee will deliver a report of Fire Department activities since the last report, which was provided in December 2022.
FISCAL IMPACT:
This report is for informational purposes only and has no fiscal impact.
ALTERNATIVES:
1. Receive briefing and ask questions of staff.
2. Receive briefing and give direction to Fire staff for items to be presented at next briefing.
ATTACHMENTS:
1. June 7, 2022 Fire Department Semi Annual Report
Prepared by: Meeting Date: June 7, 2022
Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
City Manager Approval:
12.A-1Council Agenda 6-7-2022
Packet Page 155
Prepared by: Michelle Pearson, Administrative Assistant Submitted by: Paul Lee, Battalion Chief
Emergency Response
1. Emergency Response by Type
2. Year Incident Review
Lifeguard Program
1. Lifeguard Stats
2. Early Recruitment
3. Lead Lifeguard Academy
Junior Lifeguard Program
1. 74 Participants
2. New Format for 2022 Program
Prevention
1. Special Events
2. Weed Abatement Program
Equipment
1. New Engine
2. SCBAs
3. Lifeguard Tower
4. Lifeguard Truck
Vegetation Management Program (VMP)
1. CAL FIRE Fuels Projects
2. Pismo Preserve
3. Pismo Beach CWPP
June 2022 Fire Department Semi Annual Report
Eddy Moore, Unit Chief
12.A-2Council Agenda 6-7-2022
Attachment 1
Packet Page 156
Grants
1. Fire Safe Council
2. OHV
3. OTS
12.A-3Council Agenda 6-7-2022
Attachment 1
Packet Page 157
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B
SUBJECT/TITLE:
CONTRACT WITH CAL FIRE FOR PISMO BEACH FIRE DEPARTMENT STAFFING AND OPERATIONS SERVICES FOR FISCAL YEARS 2023 THROUGH 2025 RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into a three-year contract with the California Department of Forestry and Fire Protection (Cal Fire) for Pismo Beach Fire Department staffing and operations services in the amount of $9,010,236 for Fiscal Years 2023 through 2025.
BACKGROUND:
The City’s fire services have been provided by the California Department of Forestry and Fire Protection (Cal Fire) since 2001 when the City transitioned from a City fire department to Cal Fire. The City’s contract with Cal Fire provides for staffing and fire operations including:
Station 64 (located on Bello Street)
Station 63 (located on Shell Beach Road)
Fire Marshal and Fire inspection services
Management of the Lifeguard Program
Regional Battalion Chief assigned to the City
The most recent Cal Fire agreement was for Fiscal Year (FY) 2017 through FY 2021, and extended one more year through FY 2022. Cal Fire proposes a three-year agreement for FY 2023 through FY 2025 in the total not-to-exceed amount of $9,010,236 over the three- year period, or $2,928,657 in FY 2023, $3,002,796 in FY 2024, and $3,078,782 in FY 2025. The attached Statement of Work and Level of Service document (Attachment 1.A) describes the services provided by Cal Fire under contract. This contract has been updated to reflect the current operations of Cal Fire for the City since the original FY 2017 through FY 2021 agreement was negotiated, including the elimination of the Reserve Firefighter Program and the updated three-person staffing level on the Station 64 engine during peak fire, tourism, and special events season of approximately May through October. Overall, this does not change the service level since FY 2021. At any time, either side may terminate the contract with 12 months’ notice.
Conclusion and Recommendation
Staff reviewed the proposed agreement and recommends that Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a three-year contract with California Department of Forestry and Fire Protection (Cal Fire) in the amount of $9,010,236 for Fiscal Years 2023 through 2025.
12.B-1Council Agenda 6-7-2022
Packet Page 158
FISCAL IMPACT:
The fiscal impact of approving the attached Resolution is a not-to-exceed amount of $9,010,236 over the three-year period, or $2,928,657 in FY 2023, $3,002,796 in FY 2024, and $3,078,782 in FY 2025. This agreement would be supported by the General Fund.
The FY 2023 General Fund Fire Department Cal Fire contract budget has sufficient funds to support the first year of the agreement.
Comparing the FY 2023 cost of $2,928,657 to the FY 2022 annual amount of $2,444,512, the largest component of the cost increase is due to benefit increases ranging from
20.49% to 26.56% depending on the position, followed by salary increases, and an increase in operating costs to reflect updated expenses. FY 2024 and FY 2025 costs include an estimated 2.5% increase for personnel costs and 3% for operating costs.
ALTERNATIVES:
1. Do not adopt the Resolution; give direction to staff.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Cal Fire Agreement for FY 2023 through FY 2025 Submitted by: Meeting Date: June 7, 2022
Nadia Feeser, Administrative Services Director
City Manager Approval:
12.B-2Council Agenda 6-7-2022
Packet Page 159
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE-
YEAR CONTRACT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND
FIRE PROTECTION (CAL FIRE) FOR PISMO BEACH FIRE DEPARTMENT STAFFING AND OPERATIONS SERVICES IN THE AMOUNT OF $9,010,236 FOR FISCAL YEARS 2023 THROUGH 2025
WHEREAS, the City’s fire services have been provided by the California Department of Forestry and Fire Protection (Cal Fire) since 2001 when the City transitioned from a City fire department to Cal Fire; and
WHEREAS, Cal Fire proposes a three-year agreement for Fiscal Year (FY) 2023 through FY 2025 in the total not-to-exceed amount of $9,010,236 over the three-year period, or $2,928,657 in FY 2023, $3,002,796 in FY 2024, and $3,078,782 in FY 2025; and WHEREAS, the three-year agreement has been updated to reflect the current operations of CalFire for the City since the original FY 2017 through FY 2021 was negotiated, including the elimination of the Reserve Firefighter Program and the updated three- person staffing level on the Station 64 engine during peak fire, tourism, and special events season of approximately May through October. Overall, this does not change the service level since FY 2021; and
WHEREAS, the City’s FY 2023 General Fund Fire Department Cal Fire contract budget has sufficient funds to support the first year of the agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a three-year contract with the California Department of Forestry and Fire Protection (Cal Fire) (in substantially the form depicted in Exhibit A) in the amount of $9,010,236 for Fiscal Years 2023 through 2025.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
12.B-3Council Agenda 6-7-2022
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COOPERATIVE FIRE PROGRAMS
FIRE PROTECTION REIMBURSEMENT AGREEMENT
LG-1 REV. 3/2022
AGREEMENT NUMBER 3CA05752
REGISTRATION NUMBER:
1. This Agreement is entered into between the State Agency and the Local Agency named below:
STATE AGENCY'S NAME
California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
City of Pismo Beach
2.The term of this Agreement is:July 1, 2022 through June 30, 2025
3. The maximum amount of this
Agreement is:$ 9,010,236
Nine million, ten thousand, two hundred thirty-six dollars and 00/100
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.
Exhibit A – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 4 pages Exhibit B – Budget Detail and Payment Provisions 2 pages Exhibit C – General Terms and Conditions 7 pages
Exhibit D – Additional Provisions pages
Exhibit E – Description of Other Services pages
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
City of Pismo Beach
BY (Authorized Signature) DATE SIGNED(Do not type)
"
PRINTED NAME AND TITLE OF PERSON SIGNING
Jim Lewis, City Manager
ADDRESS
760 Matte Rd. Pismo Beach, CA 93449
STATE OF CALIFORNIA
AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature)DATE SIGNED(Do not type)
"
PRINTED NAME AND TITLE OF PERSON SIGNING
Bret Gouvea, Assistant Deputy Director, Cooperative Fire Protection, Safety, Training, and EMS ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
Attachment 1A
12.B-4Council Agenda 6-7-2022
Packet Page 161
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 2
EXHIBIT A
COOPERATIVE FIRE PROGRAMS
FIRE PROTECTION REIMBURSEMENT AGREEMENT
The project representatives during the term of this agreement will be:
CAL FIRE Unit Chief: San Luis Obisbo Unit Local Agency: City of Pismo Beach Name:Eddy Moore Name:Jim Lewis
Phone: (805) 543-4244 Phone: (805) 773-7007
Fax: (805) 543-4248 Fax: (805) 773-7065
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:
CAL FIRE Unit Chief: Eddy Moore Local Agency: Jim Lewis Section/Unit: San Luis Obispo Unit Section/Unit: City Hall Attention: Suzi Cain Attention: Jim Lewis
Address: 1150 Laurel Lane
Suite 175
San Luis Obispo, CA
93401
Address: 760 Matte Rd.
Pismo Beach, CA 93449
Phone:(805) 543-4244 Phone:(805) 773-7007
Fax:(805) 543-4248 Fax: (805) 773-7065
Send an additional copy of all correspondence to:
CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460
AUTHORIZATION
As used herein, Director shall mean Director of CAL FIRE. This agreement, its terms and conditions are authorized under the Public Resources Code Sections 4141, 4142, 4143 and 4144, as applicable.
Attachment 1A
12.B-5Council Agenda 6-7-2022
Packet Page 162
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 3
EXHIBIT A
SCOPE OF WORK
Under Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and fire suppression forces including the necessary equipment, personnel, and facilities required to prevent and extinguish forest fires.
The purpose of this agreement is to provide mutually advantageous fire and emergency services through an effective consolidated organization, wherein the STATE is primarily financially responsible for protecting natural resources from vegetation fires and the LOCAL AGENCY is primarily financially responsible for protecting life and property from fires and other emergencies. The LOCAL AGENCY shall have sole authority to establish the fire protection organization and structure needed to meet the determined level of service. This level of service may be based on the LOCAL AGENCY governing board’s established fiscal parameters and assessment of risks and hazards. LOCAL AGENCY personnel providing services under this agreement may include any one or a combination of the following: regular employees, persons temporarily employed and commonly known as volunteers, paid-call firefighters, or others temporarily employed to perform any emergency work or emergency service including, but not limited to fire prevention, fire suppression and emergency medical response.
To comply with the STATE’s mandate for full cost recovery of goods and services provided for others, the LOCAL AGENCY shall be responsible for all STATE costs, both direct and indirect, required to execute the terms of this agreement. These costs shall include, but not be limited to: required training and associated post coverage, employee uniform and Personal Protective Equipment (PPE) costs.
1. FIRE PROTECTION SERVICES TO BE PROVIDED BY THE STATE STATE provides a modern, full service fire protection and emergency incident management agency that provides comprehensive fire protection and other emergency incident response. STATE designs regional fire protection solutions for urban and rural communities by efficiently utilizing all emergency protection resources. Regional solutions provide the most effective method of protecting the citizens of California at local, county and state levels.
Fire protection services to be provided by STATE under this agreement shall include the following:
(check boxes below that apply)
1) Emergency Fire Protection, Medical and Rescue Response: services include commercial, residential, and wildland fire protection, prevention and investigation; hazardous materials incident response; emergency vehicle extrication; hazardous conditions response (flooding, downed power lines, earthquake, terrorist incident, etc.); emergency medical and rescue response; and public service assistance. Also included are management support services that include fire department administration, training and safety, personnel, finance and logistical support.
2) Basic Life Support Services: emergency medical technician (EMT) level emergency medical response providing first aid, basic life support (BLS), airway management, administration of oxygen, bleeding control, and life support system stabilization until patients are transported to the nearest emergency care facility.
3) Advanced Life Support Services: paramedic level emergency medical response providing early advanced airway management, intravenous drug therapy, and life support system stabilization until patients are transported to the nearest emergency care facility. 4) Dispatch Services: provide fire department 9-1-1 emergency dispatch by CAL FIRE Fire/Emergency Command Center (ECC). CAL FIRE will be responsible for fire/emergency Attachment 1A
12.B-6Council Agenda 6-7-2022
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Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 4
dispatching emergency resource units covered under this agreement. The CAL FIRE ECC is staffed with a Battalion Chief, three or more Fire Captains and Communications Operators to provide 24/7 year-round coverage. There is always an officer of Captain rank or higher to serve as the shift supervisor and command officer. CAL FIRE uses an integrated Computer Aided Dispatch (CAD) system using the latest technology, to direct the closest available resources to all emergency incidents.
5) Fire Code Inspection, Prevention and Enforcement Services: CAL FIRE has staff Fire Inspectors serving under the direction of the LOCAL AGENCY Fire Marshal to provide services to the area covered by this agreement. Fire Code Enforcement will normally be available five days per week, with emergency or scheduled enforcement inspections available seven days per week.
Fire Prevention and Investigation services will be provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigation. Officers are available by appointment for site visits and consultations. Officers are trained at CAL FIRE’s Peace Officer Standard Training (POST) certified law enforcement training academy and they cooperate effectively with all local, state and federal law enforcement agencies.
6) Land Use/ Pre-Fire Planning Services – CAL FIRE staff will provide community land use planning, administration of Pre-Fire project work, including community outreach, development of community education programs, project quality control, maintenance of project records and submittal of progress reports, completion of required environmental documentation, acquisition of required permits and completion of other associated administrative duties. 7) Disaster planning services (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement)
8) Specific service descriptions and staffing coverage, by station (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement) 9) Extended Fire Protection Service Availability (Amador)
2. ADMINISTRATION
Under the requirements of California Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and firefighting services as outlined in Exhibit D, Schedule B of this agreement.
A. Director shall select and employ a Region Chief who shall, under the direction of the Director/Chief Deputy Director, manage all aspects of fire prevention and fire protection services and forestry-related programs.
B. Director will select and employ a Unit Chief who shall, under the supervision and direction of Director/Region Chief or a lawful representative, have charge of the organization described in Exhibit D, Schedules A, B and C included hereto and made a part of this agreement.
C. LOCAL AGENCY shall appoint the Unit Chief as the LOCAL AGENCY Fire Chief for all Emergency Fire Protection, Medical and Rescue Response Agreements, pursuant to applicable statutory authority. The Unit Chief may delegate this responsibility to qualified staff.
D. The Unit Chief may dispatch personnel and equipment listed in Exhibit D, Schedules A, B and C from the assigned station or location under guidelines established by LOCAL AGENCY and approved by STATE. Personnel and/or equipment listed in Exhibit D, Schedule B may be dispatched at the sole discretion of STATE.
Attachment 1A
12.B-7Council Agenda 6-7-2022
Packet Page 164
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 5
E. The Unit Chief shall exercise professional judgment consistent with STATE policy and his or her employment by STATE in authorizing or making any assignments to emergencies and other responses, including assignments made in response to requests for mutual aid.
F. Except as may be otherwise provided for in this agreement, STATE shall not incur any obligation on the part of LOCAL AGENCY to pay for any labor, materials, supplies or services beyond the total set forth in the respective Exhibit D, Schedules A and C, as to the services to be rendered pursuant to each Schedule.
G. Nothing herein shall alter or amend or be construed to alter or amend any Collective Bargaining Agreement or Memorandum of Understanding between the State of California and its employees under the State Employer-Employee Relations Act.
3. SUPPRESSION COST RECOVERY
As provided in Health and Safety Code (H&SC) Section 13009, STATE may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using LOCAL AGENCY equipment and personnel under the terms of this agreement, STATE may, at the request of LOCAL AGENCY, bring such an action for collection of costs incurred by LOCAL AGENCY. In such a case LOCAL AGENCY appoints and designates STATE as its agent in said collection proceedings. In the event of recovery, STATE shall deduct fees and litigation costs in a proportional percentage amount based on verifiable and justifiable suppression costs for the fire at issue. These recovery costs are for services provided which are beyond the scope of those covered by the local government administrative fee.
In all such instances, STATE shall give timely notice of the possible application of H&SC Section 13009 to the representative designated by LOCAL AGENCY.
4. MUTUAL AID
When rendering mutual aid or assistance as authorized in H&SC Sections 13050 and 13054, STATE may, at the request of LOCAL AGENCY, demand payment of charges and seek reimbursement of LOCAL AGENCY costs for personnel, equipment and operating expenses as funded herein, under authority given by H&SC Sections 13051 and 13054. STATE, in seeking said reimbursement pursuant to such request of LOCAL AGENCY, shall represent LOCAL AGENCY by following the procedures set forth in H&SC Section 13052. Any recovery of LOCAL AGENCY costs, less expenses, shall be paid or credited to LOCAL AGENCY, as directed by LOCAL AGENCY.
In all such instances, STATE shall give timely notice of the possible application of H&SC Sections 13051 and 13054 to the officer designated by LOCAL AGENCY.
5. PROPERTY PURCHASE AND ACCOUNTING
LOCAL AGENCY shall be responsible for all costs associated with property required by personnel to carry out this agreement. Employee uniform costs will be assessed to the LOCAL AGENCY through the agreement billing process. Personal Protective Equipment (PPE) costs shall be the responsibility of the LOCAL AGENCY. By mutual agreement, PPE meeting the minimum specifications established by the STATE may be purchased directly by the LOCAL AGENCY. Alternately, the STATE will supply all PPE and the LOCAL AGENCY will be billed for costs incurred.
All property provided by LOCAL AGENCY and by STATE for the purpose of providing fire protection services shall be marked and accounted for by the Unit Chief in such a manner as to conform to the regulations, if any, established by the parties for the segregation, care, and use of the respective properties.
Attachment 1A
12.B-8Council Agenda 6-7-2022
Packet Page 165
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 6
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. PAYMENT FOR SERVICES
A. LOCAL AGENCY shall pay STATE actual cost for fire protection services pursuant to this agreement an amount not to exceed that set forth in Exhibit D, Schedule A for each fiscal year. STATE shall prepare an Exhibit D, Schedule A each year, which shall be the basis for payment for the entire fiscal year for which services are provided.
B. Any other funds designated by LOCAL AGENCY to be expended under the supervision of or for use by a Unit Chief for fire protection services shall be set forth in Exhibit D, Schedule C. This clause shall not limit the right of LOCAL AGENCY to make additional expenditures, whether under Exhibit D, Schedule C or otherwise.
C. STATE shall invoice LOCAL AGENCY for the cost of fire protection services on a quarterly basis as follows:
1) For actual services rendered by STATE during the period of July 1 through September 30, by an invoice filed with LOCAL AGENCY on or after December 10. 2) For actual services rendered by STATE during the period October 1 through December 31, by an invoice filed with LOCAL AGENCY on or after December 31. 3) For actual services rendered by STATE during the period January 1 through March 31, by an invoice filed with LOCAL AGENCY on or after March 31. 4) For the estimated cost of services during the period April 1 through June 30, by an invoice filed in advance with LOCAL AGENCY on or after March 1. 5) A final statement shall be filed with LOCAL AGENCY by October 1 following the close of the fiscal year, reconciling the payments made by LOCAL AGENCY with the cost of the actual services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.
6) All payments by LOCAL AGENCY shall be made within thirty (30) days of receipt of invoice from STATE, or within thirty (30) days after the filing dates specified above, whichever is later.
7) The STATE reserves the right to adjust the frequency of billing and payment to a monthly cycle with a thirty (30) day written notice to the LOCAL AGENCY when:
a. The Director predicts a cash flow shortage, or
b. When determined by the Region Chief, after consulting with the Unit Chief and the LOCAL AGENCY Contract Administrator, that the LOCAL AGENCY may not have the financial ability to support the contract at the contract level.
D. Invoices shall include actual or estimated costs as provided herein of salaries and employee benefits for those personnel employed, charges for operating expenses and equipment and the administrative charge in accordance with Exhibit D, Schedule A.
When "contractual rates" are indicated, the rate shall be based on an average salary plus all benefits. "Contractual rates" means an all-inclusive rate established in Exhibit D, Schedule A for total costs to STATE, per specified position, for 24-hour fire protection services during the period covered.
Attachment 1A
12.B-9Council Agenda 6-7-2022
Packet Page 166
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 7
E. STATE shall credit the LOCAL AGENCY, or cover behind at no cost, for the costs of Non-post (e.g. Fire Marshal, Training Officer, etc.) positions and equipment assigned to STATE responsibility fires or other STATE funded emergency incidents. The STATE shall notify the LOCAL AGENCY when this occurs.
2. COST OF OPERATING AND MAINTAINING EQUIPMENT AND PROPERTY The cost of maintaining, operating, and replacing any and all property and equipment, real or personal, furnished by the parties hereto for fire protection purposes, shall be borne by the party owning or furnishing such property or equipment unless otherwise provided for herein or by separate written agreement.
3. BUDGET CONTINGENCY CLAUSE
A.If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.
B.If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein.
C.If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.
D.If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.
E.Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.
F.LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.
Attachment 1A
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Packet Page 167
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 8
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1.APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. STATE will not commence performance until such approval has been obtained.
2.AMENDMENT: This agreement may be amended by mutual consent of LOCAL AGENCY and STATE. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
If during the term of this agreement LOCAL AGENCY shall desire a reduction in STATE civil service employees assigned to the organization provided for in Exhibit D, Schedule A, LOCAL AGENCY shall provide 120 days written notice of the requested reduction. Notification shall include the following: (1) The total amount of reduction; (2) The firm effective date of the reduction; and (3) The number of employees, by classification, affected by a reduction. If such notice is not provided, LOCAL AGENCY shall reimburse STATE for relocation costs incurred by STATE as a result of the reduction. Personnel reductions resulting solely from an increase in STATE employee salaries or STATE expenses occurring after signing this agreement and set forth in Exhibit D, Schedule A to this agreement shall not be subject to relocation expense reimbursement by LOCAL AGENCY.
If during the term of this agreement costs to LOCAL AGENCY set forth in any Exhibit D, Schedule A to this agreement increase and LOCAL AGENCY, in its sole discretion, determines it cannot meet such increase without reducing services provided by STATE, LOCAL AGENCY shall within one hundred twenty (120) days of receipt of such Schedule notify STATE and designate which adjustments shall be made to bring costs to the necessary level. If such designation is not received by STATE within the period specified, STATE shall reduce services in its sole discretion to permit continued operation within available funds.
3.ASSIGNMENT: This Agreement is not assignable by the LOCAL AGENCY either in whole or in part, without the consent of the STATE in the form of a formal written amendment.
4.EXTENSION OF AGREEMENT:
A. One year prior to the date of expiration of this agreement, LOCAL AGENCY shall give STATE written notice of whether LOCAL AGENCY will extend or enter into a new agreement with STATE for fire protection services and, if so, whether LOCAL AGENCY intends to change the level of fire protection services from that provided by this agreement. If this agreement is executed with less than one year remaining on the term of the agreement, LOCAL AGENCY shall provide this written notice at the time it signs the agreement and the one year notice requirement shall not apply.
B. If LOCAL AGENCY fails to provide the notice, as defined above in (A), STATE shall have the option to extend this agreement for a period of up to one year from the original termination date and to continue providing services at the same or reduced level as STATE determines would be appropriate during the extended period of this agreement. Six months prior to the date of expiration of this agreement, or any extension hereof, STATE shall give written notice to LOCAL AGENCY of any extension of this agreement and any change in the level of fire protection services STATE will provide during the extended period of this agreement.
Services provided and obligations incurred by STATE during an extended period shall be accepted by LOCAL AGENCY as services and obligations under the terms of this agreement.
Attachment 1A
12.B-11Council Agenda 6-7-2022
Packet Page 168
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 9
C. The cost of services provided by STATE during the extended period shall be based upon the amounts that would have been charged LOCAL AGENCY during the fiscal year in which the extended period falls had the agreement been extended pursuant hereto. Payment by LOCAL AGENCY for services rendered by STATE during the extended period shall be as provided in Exhibit B, Section 1, B of this agreement.
5.AUDIT: STATE, including the Department of General Services and the Bureau of State Audits, and LOCAL AGENCY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this agreement. STATE and LOCAL AGENCY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, and to allow the auditor(s) of the other party access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. STATE and LOCAL AGENCY agree to a similar right to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
6.INDEMNIFICATION: Each party, to the extent permitted by law, agrees to indemnify, defend and save harmless the other party, its officers, agents and employees from (1) any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies to that party and (2) from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by that party, in the performance of any activities of that party under this agreement, except where such injury or damage arose from the sole negligence or willful misconduct attributable to the other party or from acts not within the scope of duties to be performed pursuant to this agreement; and (3) each party shall be responsible for any and all claims that may arise from the behavior and/or performance of its respective employees during and in the course of their employment to this cooperative agreement.
7.DISPUTES: LOCAL AGENCY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of LOCAL AGENCY, be available for contract resolution or policy intervention with the STATE’s Region Chief when, upon determination by the designated STATE representative, the Unit Chief acting as LOCAL AGENCY’s Fire Chief under this agreement faces a situation in which a decision to serve the interest of LOCAL AGENCY has the potential to conflict with STATE interest or policy. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time by the LOCAL AGENCY and STATE employees normally responsible for the administration of this agreement shall be brought to the attention of the CAL FIRE Director or designee and the Chief Executive Officer (or designated representative) of the LOCAL AGENCY for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. STATE and LOCAL AGENCY agree to continue with the responsibilities under this Agreement during any dispute.
8.TERMINATION FOR CAUSE/CANCELLATION:
A. If LOCAL AGENCY fails to remit payments in accordance with any part of this agreement, STATE may terminate this agreement and all related services upon 60 days written notice to LOCAL AGENCY. Termination of this agreement does not relieve LOCAL AGENCY from providing STATE full compensation in accordance with terms of this agreement for services actually rendered by STATE pursuant to this agreement.
Attachment 1A
12.B-12Council Agenda 6-7-2022
Packet Page 169
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 10
B. This agreement may be cancelled at the option of either STATE or LOCAL AGENCY at any time during its term, with or without cause, on giving one year’s written notice to the other party. Either LOCAL AGENCY or STATE electing to cancel this agreement shall give one year’s written notice to the other party prior to cancellation.
9.INDEPENDENT CONTRACTOR: Unless otherwise provided in this agreement LOCAL AGENCY and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE.
10.NON-DISCRIMINATION CLAUSE: During the performance of this agreement, LOCAL AGENCY shall be an equal opportunity employer and shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS) mental disability, medical condition (e.g.cancer), age (over 40), marital status, denial of family care leave, veteran status, sexual orientation, and sexual identity. LOCAL AGENCY shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. LOCAL AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. LOCAL AGENCY shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
In addition, LOCAL AGENCY acknowledges that it has obligations relating to ethics, Equal Employment Opportunity (EEO), the Fire Fighter’s Bill of Rights Act (FFBOR), and the Peace Officer’s Bill of Rights Act (POBOR). LOCAL AGENCY shall ensure that its employees comply with all the legal obligations relating to these areas. LOCAL AGENCY shall ensure that its employees are provided appropriate training.
11.TIMELINESS: Time is of the essence in the performance of this agreement.
12.COMPENSATION: The consideration to be paid STATE, as provided herein, shall be in compensation for all of STATE’s expenses incurred in the performance hereof, including travel, per Diem, and taxes, unless otherwise expressly so provided.
13.GOVERNING LAW: This agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
14.CHILD SUPPORT COMPLIANCE ACT: “For any Agreement in excess of $100,000, the LOCAL AGENCY acknowledges in accordance with Public Contract Code 7110, that:
A. The LOCAL AGENCY recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The LOCAL AGENCY, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.” Attachment 1A
12.B-13Council Agenda 6-7-2022
Packet Page 170
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 11
15.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
16.COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT (HIPAA)
The STATE and LOCAL AGENCY have a responsibility to comply with the provisions of the 1996 Federal Health Insurance Portability and Accountability Act (HIPAA) and the 2001 State Health Insurance Portability and Accountability Implementation Act. HIPAA provisions become applicable once the association and relationships of the health care providers are determined by the LOCAL AGENCY. It is the LOCAL AGENCY’S responsibility to determine their status as a “covered entity” and the relationships of personnel as “health care providers”, “health care clearinghouse”, “hybrid entities”, business associates”, or “trading partners”. STATE personnel assigned to fill the LOCAL AGENCY’S positions within this Agreement, and their supervisors, may fall under the requirements of HIPAA based on the LOCAL AGENCY’S status. It is the LOCAL AGENCY’S responsibility to identify, notify, train, and provide all necessary policy and procedures to the STATE personnel that fall under HIPAA requirements so that they can comply with the required security and privacy standards of the act.
17.LIABILITY INSURANCE
The STATE and LOCAL AGENCY shall each provide proof of insurance in a form acceptable to the other party at no cost one to the other, to cover all services provided and use of local government facilities covered by this agreement. If LOCAL AGENCY is insured and/or self-insured in whole or in part for any losses, LOCAL AGENCY shall provide a completed Certification of Self Insurance (Exhibit D, Schedule E) or certificate of insurance, executed by a duly authorized officer of LOCAL AGENCY. Upon request of LOCAL AGENCY the STATE shall provide a letter from DGS, Office Risk and Insurance Management executed by a duly authorized officer of STATE. If commercially insured in whole or in part, a certificate of such coverage executed by the insurer or its authorized representative shall be provided.
Said commercial insurance or self-insurance coverage of the LOCAL AGENCY shall include the following:
A. Fire protection and emergency services - Any commercial insurance shall provide at least general liability for $5,000,000 combined single limit per occurrence.
B. Dispatch services – Any commercial insurance shall provide at least general liability for $1,000,000 combined single limit per occurrence.
C. The CAL FIRE, State of California, its officers, agents, employees, and servants are included as additional insured’s for purposes of this contract.
D. The STATE shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses listed on page 2 of this agreement.
18.WORKERS COMPENSATION: (only applies where local government employees/volunteers are supervised by CAL FIRE, as listed in Exhibit D Schedule C. STATE contract employees’ workers compensation is included as part of the contract personnel benefit rate).
A. Workers' Compensation and related benefits for those persons, whose use or employment is contemplated herein, shall be provided in the manner prescribed by California Labor Codes, State Interagency Agreements and other related laws, rules, insurance policies, collective bargaining agreements, and memorandums of understanding.
Attachment 1A
12.B-14Council Agenda 6-7-2022
Packet Page 171
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 12
B. The STATE Unit Chief administering the organization provided for in this agreement shall not use, dispatch or direct any non STATE employees, on any work which is deemed to be the responsibility of LOCAL AGENCY, unless and until LOCAL AGENCY provides for Workers' Compensation benefits at no cost to STATE. In the event STATE is held liable, in whole or in part, for the payment of any Worker's Compensation claim or award arising from the injury or death of any such worker, LOCAL AGENCY agrees to compensate STATE for the full amount of such liability.
C. The STATE /LOCAL AGENCY shall receive proof of Worker’s Compensation coverage and shall be notified of any cancellation and change of coverage at the addresses listed in Section 1.
19.CONFLICT OF INTEREST: LOCAL AGENCY needs to be aware of the following provisions regarding current or former state employees. If LOCAL AGENCY has any questions on the status of any person rendering services or involved with the Agreement, the STATE must be contacted immediately for clarification.
Current State Employees (Public Contract Code §10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Public Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If LOCAL AGENCY violates any provisions of above paragraphs, such action by LOCAL AGENCY shall render this Agreement void. (Public Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Public Contract Code §10430 (e))
20.LABOR CODE/WORKERS' COMPENSATION: LOCAL AGENCY needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and LOCAL AGENCY affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
21.AMERICANS WITH DISABILITIES ACT: LOCAL AGENCY assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis Attachment 1A
12.B-15Council Agenda 6-7-2022
Packet Page 172
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 13
of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
22.LOCAL AGENCY NAME CHANGE: An amendment is required to change the LOCAL AGENCY’S name as listed on this Agreement. Upon receipt of legal documentation of the name change the STATE will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
23.RESOLUTION: A county, city, district, or other local public body must provide the STATE with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
24.AIR OR WATER POLLUTION VIOLATION: Under the State laws, the LOCAL AGENCY shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
25.AFFIRMATIVE ACTION. STATE certifies its compliance with applicable federal and State hiring requirements for persons with disabilities, and is deemed by LOCAL AGENCY to be in compliance with the provisions of LOCAL AGENCY’S Affirmative Action Program for Vendors.
26.DRUG AND ALCOHOL-FREE WORKPLACE. As a material condition of this Agreement, STATE agrees that it and its employees, while performing service for LOCAL AGENCY, on LOCAL AGENCY property, or while using LOCAL AGENCY equipment, shall comply with STATE’s Employee Rules of Conduct as they relate to the possession, use, or consumption of drugs and alcohol.
27.ZERO TOLERANCE FOR FRAUDULENT CONDUCT IN LOCAL AGENCY SERVICES.
STATE shall comply with any applicable “Zero Tolerance for Fraudulent Conduct in LOCAL AGENCY Services.” There shall be “Zero Tolerance” for fraud committed by contractors in the administration of LOCAL AGENCY programs and the provision of LOCAL AGENCY services.
Upon proven instances of fraud committed by the STATE in connection with performance under the Agreement, the Agreement may be terminated consistent with the termination for cause/cancellation term, Exhibit C, section 8, subsection B, of Cooperative Fire Programs Fire Protection Reimbursement Agreement, LG-1, between the California Department of Forestry and Fire Protection (CAL FIRE) and the LOCAL AGENCY.
28.CONFIDENTIAL INFORMATION. “Confidential information” means information designated by CAL FIRE and/or the LOCAL AGENCY disclosure of which is restricted, prohibited or privileged by State and federal law. Confidential Information includes, but is not limited to, information exempt from disclosure under the California Public Records Act (Government Code Sections 6250 et seq.) Confidential Information includes but is not limited to all records as defined in Government Code section 6252 as well as verbal communication of Confidential Information.
Any exchange of Confidential Information between parties shall not constitute a “waiver” of any exemption pursuant to Government Code section 6254.5
CAL FIRE and LOCAL AGENCY personnel allowed access to information designated as Confidential Information shall be limited to those persons with a demonstrable business need for such access. CAL FIRE and LOCAL AGENCY agree to provide a list of authorized personnel in writing as required by Government Code section 6254.5(e). CAL FIRE and the LOCAL Attachment 1A
12.B-16Council Agenda 6-7-2022
Packet Page 173
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 14
AGENCY agree to take all necessary measures to protect Confidential Information and shall impose all the requirements of this Agreement on all of their respective officers, employees and agents with regards to access to the Confidential Information. A Party to this Contract who experiences a security breach involving Confidential Information covered by this Contract, agrees to promptly notify the other Party of such breach
29.ENTIRE AGREEMENT: This agreement contains the whole agreement between the Parties. It cancels and supersedes any previous agreement for the same or similar services.
Attachment 1A
12.B-17Council Agenda 6-7-2022
Packet Page 174
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 15
EXHIBIT D
ADDITIONAL PROVISIONS
EXCISE TAX: State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. STATE will pay any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this agreement. The STATE may pay any applicable sales and use tax imposed by another state.
Schedules
The following Schedules are included as part of this agreement (check boxes if they apply):
A. Fiscal Display, PRC 4142 AND/OR PRC 4144 - STATE provided LOCAL AGENCY funded fire protection services. STATE-owned vehicles shall be operated and maintained in accordance with policies of STATE at rates listed in Exhibit D, Schedule A.
B. STATE Funded Resource - A listing of personnel, crews and major facilities of the STATE overlapping or adjacent to the local agency area that may form a reciprocal part of this agreement.
C. LOCAL AGENCY Provided Local Funded Resources - A listing of services, personnel, equipment and expenses, which are paid directly by the local agency, but which are under the supervision of the Unit Chief.
D. LOCAL AGENCY Owned STATE Maintained Vehicles - Vehicle information pertaining to maintenance responsibilities and procedures for local agency-owned vehicles that may be a part of the agreement.
LOCAL AGENCY-owned firefighting vehicles shall meet and be maintained to meet minimum safety standards set forth in Title 49, Code of Federal Regulations; and Titles 8 and 13, California Code of Regulations.
LOCAL AGENCY-owned vehicles that are furnished to the STATE shall be maintained and operated in accordance to LOCAL AGENCY policies. In the event LOCAL AGENCY does not have such policies, LOCAL AGENCY-owned vehicles shall be maintained and operated in accordance with STATE policies. The cost of said vehicle maintenance and operation shall be at actual cost or at rates listed in Exhibit D, Schedule D.
Exhibit D, Schedule D is incorporated into this section if LOCAL AGENCY-owned vehicles listed in Exhibit D, Schedule D are to be operated, maintained, and repaired by STATE.
LOCAL AGENCY assumes full responsibility for all liabilities associated therewith in accordance with California Vehicle Code Sections 17000, 17001 et seq. STATE employees operating LOCAL AGENCY-owned vehicles shall be deemed employees of LOCAL AGENCY, as defined in Vehicle Code Section 17000. Except where LOCAL AGENCY would have no duty to indemnify STATE under Exhibit C, Section 6 for all LOCAL AGENCY-owned vehicles operated or used by employees of STATE under this agreement.
Attachment 1A
12.B-18Council Agenda 6-7-2022
Packet Page 175
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No.: 16
LOCAL AGENCY employees, who are under the supervision of the Unit Chief and operating STATE-owned motor vehicles, as a part of the duties and in connection with fire protection and other emergency services, shall be deemed employees of STATE, as defined in Vehicle Code Section 17000 for acts or omissions in the use of such vehicles. Except where STATE would have no duty to indemnify LOCAL AGENCY under Exhibit C, Section 6.
E. Certification of Insurance - Provider Insurance Certification and/or proof of self- insurance.
Attachment 1A
12.B-19Council Agenda 6-7-2022
Packet Page 176
Unit:6/8
Agreement Total $2,928,657 3CA0
PS1Total $2,750,515
PS2Total $0
PS3Total $0
PS4Total $0
OE1Total $83,328
OE2Total $94,814
TOTAL $2,928,657
FiscalYear22/23
Contract Name:City of Pismo Beach
Contract No.:
Page No.:
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Attachment 1A
12.B-20Council Agenda 6-7-2022
Packet Page 177
Fiscal Year: 2022 Sub Total $2,455,597
Index: 3400 Unit:6/8 Admin $294,917
PCA 37705 & 37710 Total $2,750,515 3CA0
PRC:4142 & 4144
Comments OvertimeTotal: $151,162
Number of
Positions Classification/ad-ons (Pick From List)RET. Period Salary
Months
Salary
Rate Total Salary EDWC Rate EDWC Periods Total EDWC
Salary
Benefits FFI UI EDWC
Benefits
Total Salary &
EDWC
Total Position
Cost
4 FireCaptain,RangeAPOF7/1-6/30 12 $6,017 $288,816 $3,505 12 $168,240 $272,729 $0 $103,148 $832,933 $925,968 4 LongevityPayDifferentialͲ5%POF 7/1-6/30 12 $0 $14,441 $0 $13,636 $0 $28,077 4 EducationIncentivePayDifferential POF 7/1-6/30 12 $75 $3,600 $0 $3,399 $0 $6,999 3 HazmatPayDifferential POF 7/1-6/30 12 $150 $5,400 $0 $5,099 $0 $10,499 $0 $0 $0 $0 $0 $0
Overtime POF $46,781 $0 $678 $0 $47,459
6 FireApparatusEngineer POF 7/1-6/30 12 $5,362 $386,064 $3,128 12 $225,216 $364,560 $0 $138,080 $1,113,920 $1,198,274 6 EducationIncentivePayDifferential POF 7/1-6/30 12 $75 $5,400 $0 $5,099 $0 $10,499 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime POF 7/1-6/30 $72,799 $0 $1,056 $0 $73,855
1 FirefighterIPOF7/1-6/30 6 $4,351 $26,106 $2,441 6 $14,646 $24,652 $3,757 $8,979 $78,140 $81,504 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime POF 7/1-6/30 $3,316 $0 $48 $0 $3,364
1 CommunicationsOperator,RangeB SAF 7/1-6/30 12 $6,389 $76,668 $0 0 $0 $48,960 $0 $0 $125,628 $140,548 1NightͲShiftPayDifferential SAF 7/1-6/30 12 $173 $2,080 $0 $1,328 $0 $3,408 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime SAF 7/1-6/30 $11,347 $0 $165 $0 $11,512
1 OfficeTechnicianMIS 7/1-6/30 12 $4,145 $49,740 $0 0 $0 $39,225 $0 $0 $88,965 $102,056 1 GeographyPay MIS 7/1-6/30 12 $250 $3,000 $0 $2,366 $0 $5,366 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime MIS 7/1-6/30 $7,176 $0 $549 $0 $7,725
$0 $0 $0 0 $0 $0 $0 $0 $0 $7,248
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
1 Overtime POF Amador FC OT $7,144 $0 $104 $0 $7,248
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2022 between &LW\ RI 3LVPR %HDFKand The California Department of Forestry and Fire Protection (CAL FIRE) Contract Name:City of Pismo Beach
Contract No.:
Page No.:
CAL FIRE Unit Chief
CAL FIRE Region Chief
Eddy Moore
Dave Fulcher
Attachment 1A
12.B-21Council Agenda 6-7-2022
Packet Page 178
Fiscal Year: 2022 Sub Total $2,455,597
Index: 3400 Unit: Admin $294,917
PCA 37705 & 37710 Total $2,750,515 3CA0
PRC:4142 & 4144
Comments OvertimeTotal: $151,162
Contract Name:City of Pismo Beach
Contract No.:
Page No.:
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime 7/1-6/30 $0 $0 $0 $0
Attachment 1A
12.B-22Council Agenda 6-7-2022
Packet Page 179
Fiscal Year:2022 $324
Index:3400 $74,393
PCA:37705&37710 $8,935
PRC:4142&4144$83,328
Comments
1.45%
Category (Pick from List) Details Number Months Rate Sub-Total Uniform Benefits Total UNIFORM ALLOWANCE FOR BU8 Uniforms 10.50 12.00 $178 22,365$324$22,689$ UNIFORM ALLOWANCE FOR COMM OP Uniforms 1.00 12.00 $104 1,250$0 1,250$ COMMUNICATIONS Cellular Data Service 1.00 12.00 $400 4,800$0 4,800$ COMMUNICATIONS Cellular Voice Service 1.00 12.00 $400 4,800$0 4,800$ TRAVEL Training related travel 1.00 12.00 $1000 12,000$0 12,000$ OTHER ITEMS OF EXPENSE PPE 10.50 12.00 $229 28,854$0 28,854$ Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
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3CA0ϱϳϱϮ
City of Pismo Beach
Total Page No.:
This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2022 between San Luis Obispo County and The California Department of Forestry and Fire Protection (CAL FIRE) Uniform Benefits Contract Name:
Sub Total
Admin Contract No.:
Attachment 1A
12.B-23Council Agenda 6-7-2022
Packet Page 180
Fiscal Year:2022 $0
Index:3400 $84,648
PCA:$10,166
PRC:4142&4144$94,814
Comments
1.45%
Category (Pick from List) Details Number Months Rate Sub-Total Uniform Benefits Total AMADOR - BATTALION CHIEF Amador 2.00 6.00 $1119 13,428$0 13,428$ AMADOR - FIRE CAPTAIN Amador 2.00 6.00 $935 11,220$0 11,220$ OTHER ITEMS OF EXPENSE State Engine 1.00 6.00 $10000 60,000$0 60,000$ Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
Ͳ$0 Ͳ$
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Total
This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2022 between &LW\RI3LVPR %HDFKand The California Department of Forestry and Fire Protection (CAL FIRE) Uniform Benefits Contract Name:City of Pismo BeachSub Total Admin Contract No.:3CA0ϱϳϱϮ
Page No.:
Attachment 1A
12.B-24Council Agenda 6-7-2022
Packet Page 181
Contractor: San Luis Obispo County
Contract No: 3CA0575
EXHIBIT D, SCHEDULE B
STATE-FUNDED
RESOURCES
ADMINISTRATIVE PERSONNEL
1 Unit Chief
1 Deputy Chief
1 Division Chief, Administration
1 Associate Governmental Program Analyst
1 Senior Personnel Specialist
3 Staff Services Analysts
4 Office Technicians
OPERATIONS PERSONNEL
2 Division Chiefs, Operations
5 Battalion Chiefs, Field Battalions
1 Battalion Chief, Air Attack
1 Battalion Chief, Law Enforcement
1 Battalion Chief, Emergency Command Center
1 Battalion Chief, Camarillo Fire Center
1 Battalion Chief, Toro Fire Center
1 Battalion Chief, Ventura Training Center
25 Fire Captains
12 Fire Captains (Cuesta Conservation Camp)
12 Fire Captains (Ventura Training Center)
1 Fire Captain, Law Enforcement
5 Fire Captains, Emergency Command Center
12 Fire Apparatus Engineers
100 Firefighters (Fire Season)
11 Fire Crews (Conservation Camps)
8 Heavy Fire Equipment Operators
SUPPORT PERSONNEL
1 Battalion Chief, Training
2 Forestry Logistics Officer
1 Fleet Manager
5 Heavy Equipment Mechanics
FIRE PREVENTION PERSONNEL
1 Unit Forester
1 Battalion Chief, Fuels Reduction
2 Forestry Assistants (DSIs)
1 Fire Captain, Pre-Fire Planning
1 Fire Captain, Fuels Reduction
1 Fire Apparatus Engineer, Fuels Reduction
Page:
Attachment 1A
12.B-25Council Agenda 6-7-2022
Packet Page 182
1 Fire Prevention Specialist
9 Forestry Technicians, Fuels Reduction
1 Forestry Technician, Defensible Space Inspector
FACILITIES
Cambria, Station #10
Camarillo Fire Center
Cayucos, Station #11
Cuesta Camp & Shop
(VWHUR%D\6WDWLRQ
La Panza, Station #41
Las Tables, Station #35
Los Robles Station #98 & Shop
Nipomo, Station #20
Paso Robles, Station #30
Parkhill, Station #40
Paso Robles Air Attack Base
San Luis Obispo Emergency Command Center
San Luis Obispo Unit Headquarters
San Luis Obispo Unit Warehouse & Shop
San Luis Obispo, Station #23
Shandon, Station #51
Toro Fire Center
Ventura TrainingCenter & Shop
VEHICLES
34 Fire Mission
20 Support
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6DQ/XLV2ELVSR&RXQW\
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3DJH
Attachment 1A
12.B-26Council Agenda 6-7-2022
Packet Page 183
Contractor: City of Pismo Beach
Contract No: 3CA05752
EXHIBIT D, SCHEDULE C
LOCAL FUNDED RESOURCES
ASSIGNED TO THE CAL FIRE UNIT
ATTACHMENT
CITY OF PISMO BEACH SCHEDULE C BUDGET
Page:
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Attachment 1A
12.B-27Council Agenda 6-7-2022
Packet Page 184
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 26
EXHIBIT E
DESCRIPTION OF OTHER SERVICES
Scope of Services
Service Level Agreement
and
Clarification of Responsibilities
This Fire Protection Agreement is between The California Department of Forestry and Fire Protection (CAL FIRE) and the City of Pismo Beach (City).
A. SERVICE DELIVERY MODEL
The services provided under this agreement will be delivered through a consolidated regional delivery model. This model provides immediate, mutually-beneficial fire protection, rescue, and other emergency services to the City and to all areas protected by the CAL FIRE San Luis Obispo Unit, San Luis Obispo County, the Avila Beach Community Services District, and the Los Osos Community Services District.
The closest fire and emergency resources, regardless of agency, will respond to calls within the City.
Likewise, when City fire and emergency resources are closest, they will respond to calls outside the City.
This agreement is for a defined “Level of Service”, not a set number of employees. The Level of Service in the agreement describes the services to be provided and standards for the delivery of services. CAL FIRE will assign appropriate qualified personnel to deliver this Level of Service solely at CAL FIRE’s discretion.
All permanent, limited-term, and seasonal personnel providing services under this agreement will be CAL FIRE employees, assigned, supervised and managed by CAL FIRE. In addition, CAL FIRE employees will assign, supervise and manage all Pismo Beach Lifeguards and Junior Lifeguards, CAL FIRE Volunteer/Paid-Call Firefighters, and others working for the department.
CAL FIRE staff are trained and experienced in managing all aspects of fire department and emergency services operations. All decisions will be based on providing the best fire protection services to the City.
The City will reimburse CAL FIRE for the actual cost of providing services under this agreement. The maximum costs for those services are listed in Schedule A of the agreement. The total cost shown in Schedule A is a “Not to Exceed” amount, and CAL FIRE will only invoice the City for actual costs. Some of the services described below are not listed in Schedule A, and include a designation of the cost of those services. For those services without such a designation, CAL FIRE will attempt to provide the services at no cost to the City. If additional charges are necessary, CAL FIRE will notify the City in advance. In such cases, an amendment to this agreement may be necessary.
B.FIRE DEPARTMENT ADMINISTRATION
Pismo Beach Fire Chief
The CAL FIRE Unit Chief will serve as Fire Chief of the City of Pismo Beach. The Fire Chief’s role will be to manage the department, including establishing policy and overseeing the performance of this contract. The Fire Chief will report directly to the Pismo Beach City Manager.
Attachment 1A
12.B-28Council Agenda 6-7-2022
Packet Page 185
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 27
The Fire Chief will have responsibility for assigning professional CAL FIRE staff to carry out the operation of the Fire Department, and will have the authority to delegate responsibilities as he or she sees fit.
While the Fire Chief will have overall responsibility for the Fire Department, he or she will not have a daily presence in the City.
CAL FIRE will provide this position at no cost to the City.
Pismo Beach Duty Chief Coverage
CAL FIRE will provide 24-hour Duty Chief coverage, usually with a Division Chief or above. The Duty Chief is responsible for daily operations of the entire Department, including Pismo Beach, and can be contacted immediately via the assigned Duty Chief phone number and by contacting the Emergency Command Center.
CAL FIRE will provide this position at no cost to the City.
Pismo Beach Battalion Chief
The Fire Chief will assign a CAL FIRE Battalion Chief to serve as the Pismo Beach Battalion Chief.
This individual will:
x Be the designated Department Head of the Pismo Beach Fire Department; x Be the first point of contact for the City Manager regarding issues related to Fire Department operations, emergency planning, and CAL FIRE administrative or operational coordination; x Work closely with the City Manager and other City Department Heads on routine policy, supervisory, administrative, and operational matters;
x Be responsible for supervision of day-to-day Fire Department operations, emergency response, training, and preparedness; and,
x Be directly supervised by the CAL FIRE Division Chief.
The Pismo Beach Battalion Chief will also have responsibilities for programs and emergency response outside of the City, and will at times not be available to the City. CAL FIRE will have the option of assigning a Cover Battalion Chief when and if this occurs.
The City will reimburse CAL FIRE for City-related unplanned overtime costs. In addition, the City will provide office space, command vehicle, operating supplies and support for this position.
Fire Department Administrative Assistant
CAL FIRE will employ an individual in the state Office Technician classification to serve as Administrative Assistant to the Pismo Beach Battalion Chief. This individual will:
x Assist with Fire Department administrative activities. x Interact with the members of the public in person and over the phone; x Work closely with administrative staff in other City departments; x Carry out tasks assigned by the Pismo Beach Battalion Chief; and, x Be directly supervised by the Pismo Beach Battalion Chief.
This position is included in Schedule A. The City will provide office space, operating supplies and support for this position.
Attachment 1A
12.B-29Council Agenda 6-7-2022
Packet Page 186
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 28
CAL FIRE San Luis Obispo Unit Staff
Unit staff, including the Deputy Unit Chief, Division Chiefs, Battalion Chiefs, and support staff will provide basic support under this agreement. A complete range of services beyond the basic level is available, including personnel management, training, fleet management, fire prevention, telecommunications support, dispatch, pre-fire planning, and forestry. If the City requests services beyond the basic level, the City will reimburse CAL FIRE for the cost of those services.
Fire Department Administration Performance Standards
CAL FIRE will provide services in accordance with the following performance standards:
1. The Pismo Beach Battalion Chief, or a designee, will attend Department Head and City Council meetings, when available.
2. The Fire Department office at Pismo Beach City Hall will be open Monday through Friday, from 8:00 a.m. to 5:00 p.m. and staffed by the Administrative Assistant, Fire Inspector, or a Chief Officer.
Exceptions to this standard will include holidays and absences due to required emergency assignments, training or approved leave.
3.Fire Department employees will be assigned by the Pismo Beach Battalion Chief to the City Emergency Services Committee, Traffic Safety Committee and Special Events Committee.
4. The Fire Department budget will be developed and submitted in accordance with the requirements of the City Manager and City Council, and will include personnel and operating expenses necessary to deliver the level of service defined by the City Council.
5.All CAL FIRE employees providing service under this agreement will be qualified to provide those services, trained to meet all current or anticipated safety standards, and will meet all required health and medical standards.
6. Purchasing, warehousing, and distribution of Fire Department equipment and supplies will be the responsibility of the Fire Department. The City will have the option of purchasing equipment and supplies by utilizing CAL FIRE purchase contracts or through the City’s own purchasing system.
7.Fire Department policies and guidelines will be developed using standards approved and adopted by the City of Pismo Beach and by CAL FIRE. CAL FIRE standards and policies will apply to all CAL FIRE personnel matters.
C.PERSONNEL MANAGEMENT
CAL FIRE will provide state civil service employees needed to manage state personnel providing services under this agreement. These employees will be under the sole direction and administration of CAL FIRE.
All payroll and employment processes will be administered by CAL FIRE.
The Pismo Beach Battalion Chief, with assistance from other CAL FIRE Battalion Chiefs and Division Chiefs, will assume day-to-day supervision responsibilities of all department employees. All assigned CAL FIRE Chief Officers will be qualified in personnel management, personnel supervision, and legal mandates relating to employees.
Attachment 1A
12.B-30Council Agenda 6-7-2022
Packet Page 187
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 29
The Pismo Beach Lifeguards will remain temporary help employees of the City of Pismo Beach, governed by City policies and supervised and administered by CAL FIRE. Their payroll and employment processes will be administered through the City Personnel Department.
The City will cover labor costs for Fire Department employees, including assigned CAL FIRE employees, to participate in training, testing, etc, and the cost of covering shifts behind those employees. CAL FIRE will cover all other costs for management of CAL FIRE personnel.
Personnel Management Performance Standards
CAL FIRE will provide services in accordance with the following performance standards:
1. CAL FIRE will provide all recruitment, testing, hiring, training and scheduling of career fire department employees needed to deliver the level of service described above.
2. CAL FIRE will schedule employees to ensure consistent staffing per the level of service, taking into account vacations, holidays, sick leave, mandatory training, and requests for specialized training.
3. CAL FIRE will be responsible for all labor relations including labor negotiations and grievance handling.
4. CAL FIRE will develop, implement, and maintain a Respiratory Protection Program as per CAL- OSHA regulations.
5.CAL FIRE will develop, implement, and maintain an Illness and Injury Prevention Program as per CAL-OSHA regulations.
6. CAL FIRE will be responsible for all administrative supervision, work location assignments, career development and employee discipline.
7. CAL FIRE will provide an Employee Assistance Program for all career staff.
8. CAL FIRE will conduct “reasonable suspicion” drug testing program for staff subject to testing requirements.
D. EMERGENCY SERVICES
As stated above, the services provided under this agreement will be delivered through a consolidated regional delivery model. This model reduces the time involved in responding to emergencies by dispatching the closest resource.
Services under this agreement will be provided through a combination of CAL FIRE personnel and Pismo Beach part-time employees, including Lifeguards. As utilized here, “CAL FIRE personnel” include CAL FIRE career and seasonal firefighters, along with reserves and volunteer/paid-call firefighters from other fire departments contracting with CAL FIRE.
All personnel will be trained and certified in appropriate levels of fire protection services commensurate with the values at risk and known hazards.
Attachment 1A
12.B-31Council Agenda 6-7-2022
Packet Page 188
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 30
Emergency services under this agreement include:
x Firefighting, including structure, vehicle, wildland, pier, and other fires:
x Emergency medical services at a Basic Life Support level; x Rescue services including surf, cliff, water, trench, building collapse, and others; x Vehicle accident rescue, including extrication; and,
x Hazardous materials response.
Emergency Services Performance Standards
CAL FIRE will provide services according to the following performance standards:
1. The Department will respond to emergency calls within the City, with an operational goal for the first unit to arrive in less than five (5) minutes from the time of dispatch, 95% of the time, which is consistent with the City of Pismo Beach General Plan.
2. Scheduled Staffing Level - CAL FIRE will schedule a daily minimum of four (4) trained and qualified career firefighters, 24-hours per day, in Pismo Beach. CAL FIRE will ensure optimum staffing levels are achieved whenever possible. Scheduled staffing by station is shown below Schedules Bello Street Stn 64 Shell Beach Stn 63
Non-Fire Season
City Engine
Two - CAL FIRE Fire Captains or
Fire Apparatus Engineers
City Engine
Two - CAL FIRE Fire Captains or
Fire Apparatus Engineers
Fire Season
City Engine
Three - CAL FIRE Fire Captains or
Fire Apparatus Engineers
State Engine
One - CAL FIRE Fire Captains or
Fire Apparatus Engineers
Two – Fire Fighter I’s
3. The City is designated as a “must cover” area and CAL FIRE will dispatch resources through “move up” or “call back” if there is not an immediately available fire engine in the City for more than 15 minutes. Regardless of actual staffing, CAL FIRE will ensure that adequate resources are dispatched to all incidents which occur within the City, even if those resources are from other areas or other departments.
4.Seasonal Staffing Differences – staffing at each Pismo Beach Fire Station is funded differently under this contract, and each is therefore subject to different staffing considerations.
Staffing at the Bello Street Fire Station (Station 64) is fully funded by the City, on a year-round basis.
Shell Beach Fire Station (Station 63) staffing is only partially funded by the City, with the majority of staffing funded by CAL FIRE. This type of staffing is referred to as “Amador Plan” staffing, as outlined in Public Resources Code section 4144. Under this staffing model, the station has a primary mission of responding to wildland fires in state jurisdiction areas. When not involved with state mission responses, firefighters are available to respond to emergencies within the City.
5. Battalion Chief(s) and/or Division Chief(s) will respond to all appropriate emergency calls 24 hours per day, seven days per week. “Appropriate” calls include greater alarm and complex incidents, and will be pre-identified in response plans.
Attachment 1A
12.B-32Council Agenda 6-7-2022
Packet Page 189
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 31
6. A CAL FIRE Chief Officer will respond to the City of Pismo Beach’s Emergency Operations Center (EOC) when requested by the City through the Unit’s Emergency Command Center (ECC).
7.CAL FIRE will provide qualified Fire Department Public Information Officers to emergencies when appropriate.
8. CAL FIRE will provide Fire Department Safety Officers to emergencies when appropriate.
9. CAL FIRE will develop and implement mutual and automatic aid agreements and interagency mutual aid training exercises including:
x Five Cities/South County Automatic Aid Agreement
x San Luis Obispo Agency Mutual Aid Agreement
x California Fire Services Mutual Aid Agreement
x Diablo Canyon Power Plant exercises
x Mutual training exercises with all south county fire agencies.
10.CAL FIRE will represent the City’s interests on the County EMSA Operations Committee, the County’s Disaster Planning Advisory Committee, and the County Fire Chief’s Association as well as various ad hoc working groups intended to maintain and/or improve emergency response, disaster planning, or fire and life safety issues on a regional or county-wide scale.
These positions are included in Schedule A,
E. FIRE PREVENTION AND INVESTIGATION
The CAL FIRE San Luis Obispo Unit Fire Prevention Division is responsible for four primary functions:
Fire Protection Planning, Law Enforcement, Information and Education, and Hazard Reduction. Services provided under this agreement by the Division will be delivered by staff members who are trained and/or certified in these functions.
Within the Division is the Unit Fire Marshal, a Battalion Chief, whose primary focus is on fire and life safety concerns of the department. The Fire Marshal directs Division staff and is charged with updating and enforcing fire regulations. Law enforcement and arson investigations are conducted by CAL FIRE Peace Officer Standards and Training (POST)-certified Peace Officers and Public Officers.
Division staff maintain close working relationships with the County District Attorney's Office, local law enforcement agencies, and local planning and building departments.
Pismo Beach Fire Captain/Inspector
The Fire Chief will assign a CAL FIRE Fire Captain to serve as the Pismo Beach Fire Inspector. This individual will:
x Review fire safety plans and on-site inspections for commercial developments, single-family dwellings, parcel maps, and other projects
x Enforce locally-adopted versions of the California Fire Code (CFC) along with related State and Municipal codes
x Conduct fire and life safety code compliance inspections of regulated properties and events, including car shows, temporary tent structures, and fireworks and other pyrotechnic displays x Provide staff support and expertise to community groups focusing on fire prevention and safety
x Be directly supervised by the Unit Fire Marshal and coordinate with the City Battalion Chief.
Attachment 1A
12.B-33Council Agenda 6-7-2022
Packet Page 190
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 32
This position is included in Schedule A. The City will provide office space, operating supplies and support for this position.
Fire Prevention and Investigation Performance Standards:
CAL FIRE will provide services according to the following performance standards:
1. CAL FIRE will make recommendations to the City, coordinate adoption of appropriate California Fire Code and appropriate Municipal codes.
2. CAL FIRE will develop a Comprehensive Fire Prevention Strategy that addresses:
x Fire Prevention permit and fee process
x Fire Prevention inspection program
x Built-in fire protection strategy
3.CAL FIRE will conduct Fire Safety Plan Checks on new construction within the City. Appropriate fire safety laws will be utilized under current City ordinance and adopted fire code. Design reviews and construction plan reviews will be conducted prior to construction. On-site inspections will occur during construction with a final inspection completed at the end of construction. This process will be coordinated with City Community Development Staff. Engine companies will assist the inspector in completing inspections for new construction when needed.
4.The Unit Fire Marshal, City Battalion Chief, and staff will work closely with the Pismo Beach Community Development Department and Planning Commission in review of new subdivisions, water systems, development, building plan review, and inspection of existing public occupancies that are regulated and come under the authority of the adopted fire code.
5.CAL FIRE will conduct occupancy Inspections on commercial occupancies within the City, identifying target hazards such as schools, hotels, public occupancies, and the pier. These inspections will be coordinated with the business community to minimize disruptions and impacts.
The engine companies will assist in inspections on commercial occupancies. A fire inspection form may be instituted specific to the type of occupancies, and will be available to the public for pre- inspection use.
6.CAL FIRE will aggressively work to preserve or enhance the existing Insurance Services Office (ISO) rating. This rating is based on a number of fire department components including training, staffing, equipment, dispatch and municipal water systems and is used as a factor in determining fire insurance rates for insurance customers.
7. CAL FIRE will conduct Special Event Fire Safety Inspections as necessary. This will include fireworks display inspections, inspections of temporary structures and maximum occupancy inspections of event venues. The Unit Fire Marshal, or designee, will perform these inspections.
8.CAL FIRE will conduct the Fire Hazard Abatement Program, commonly referred to as Weed Abatement, annually in the spring. Lots that pose a fire threat will be targeted for compliance with City ordinances. The fire prevention staff will be responsible for the administrative support for the project and either the engine company or fire prevention staff will conduct field checks. Those lots failing to comply with the ordinance will be referred to the Fire Marshal for further action and/or a contractor will be hired to mow the lot with the owner being billed using existing City procedures.
Attachment 1A
12.B-34Council Agenda 6-7-2022
Packet Page 191
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 33
9. A CAL FIRE Peace Officer or Public Officer will enforce fire laws. A trained engine company officer will conduct preliminary investigations of all fires. A qualified fire investigator will investigate any fires that have a large dollar loss, injury or death or are suspicious. The Fire Department will investigate arson fires in full cooperation with the Pismo Beach Police Department.
10.CAL FIRE will provide comprehensive Fire Safety Education to the residents of the City. This will include public safety messages, school programs, community event displays and public presentations. The school programs will include visits to private and public preschool and primary grade children. Fire station tours will also be available.
11.CAL FIRE Public Information Officers will be provided on complex incidents and fire department scheduled events. These trained personnel will be there to represent the interests of the Fire Department as well as the City of Pismo Beach.
12. CAL FIRE will maintain department-related information on the CAL FIRE Unit web page with links to and from the City of Pismo Beach web site. A sub-page will be created exclusively outlining the fire department in the City of Pismo Beach. This will include fire safety tips, inspection information and general information about the fire department and the City of Pismo Beach. The page will be located at www.calfireslo.org .
13.CAL FIRE Geographical Information System (GIS) support will be utilized in pre-fire planning, strategic planning and automatic aid agreement maps as available at a cost of service basis.
F. FLEET MANAGEMENT
CAL FIRE maintains two full-service fire apparatus maintenance and repair facilities. One is located in San Luis Obispo, and the other in Paso Robles. Repairs and maintenance are performed by fire equipment mechanics under the supervision of a Fleet Manager, who is a State-certified Fire Service Mechanic.
The City of Pismo Beach currently maintains City-owned fire apparatus through the City’s corporation yard, with major maintenance occasionally performed through commercial shops. The fleet is composed of three fire engines, a rescue squad, a lifeguard vehicle, a cart, staff vehicles and one rescue water craft.
The CAL FIRE Fleet Manager will work closely with the Pismo Beach staff on vehicle maintenance issues. CAL FIRE shops and personnel are available for assistance on a time and materials basis should the City request this service.
Should the City desire to contract with CAL FIRE for vehicle maintenance in the future, a modification to the proposed contract can be accommodated.
Fleet Maintenance Performance Standards:
CAL FIRE will provide services according to the following performance standards:
1. CAL FIRE will prepare equipment specifications for new equipment
2. CAL FIRE will ensure that daily, monthly, and yearly preventative maintenance inspections are performed.
3.CAL FIRE will ensure that CHP-mandated compliance inspections are completed.
Attachment 1A
12.B-35Council Agenda 6-7-2022
Packet Page 192
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 34
4. CAL FIRE will supervise repairs as needed, and remain within budgeted amounts
5. CAL FIRE will provide reserve equipment when needed in order to maintain a minimum of two fire engines are available within the City of Pismo Beach
6. CAL FIRE will coordinate maintenance and repairs with City Fleet Management staff.
The City will cover the costs for supplies and contractors, if any, needed to inspect, maintain and repair City-owned vehicles.
G. DISPATCHING AND TELECOMMUNICATIONS SUPPORT
The CAL FIRE San Luis Obispo Unit Emergency Command Center (ECC) provides dispatch services to the Unit and to several local fire departments. The goal of the emergency dispatch system is to get the appropriate first responder resources where they are needed, as quickly as possible. Accomplishing this goal is done through a continually-evolving system of policies, procedures, and plans, implemented through modern technology.
CAL FIRE staffs the ECC 24 hours-per-day with a Battalion Chief, Fire Captains, and Communications Operators, assisted by a dedicated group of volunteer/Paid Call Dispatchers. Together, they dispatch over 11,000 fire department emergencies per year, throughout the Unit. Computer Aided Dispatch (CAD) software plays a key role in the ECC’s success, and utilizes GIS maps and fire department resource databases which are constantly being updated.
CAL FIRE is the designated fire and rescue mutual aid coordinator for all of San Luis Obispo County, processing and assigning resources based on requests for assistance during emergencies that are beyond the scope of local jurisdictions.
The Pismo Beach Police Department dispatch center is the Primary 9-1-1 “public service answering point” (PSAP) for Pismo Beach.
Communications Operator
CAL FIRE will employ an individual in the State Communications Operator classification to serve in the Unit Emergency Command Center. This individual will:
x Dispatch emergency resources to incidents throughout the Unit; x Interact with other agencies and members of the public over the phone; x Work closely with other ECC employees to minimize response times; x Carry out tasks assigned by the ECC Battalion Chief; and, x Be directly supervised by the ECC Battalion Chief.
This position is included in Schedule A.
Dispatching and Telecommunication Support Services Performance Standards CAL FIRE will provide services according to the following performance standards:
1. Pismo Beach Police Department Dispatch will continue as the primary 9-1-1 PSAP for Pismo Beach under this agreement.
Attachment 1A
12.B-36Council Agenda 6-7-2022
Packet Page 193
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 35
2. CAL FIRE and the City of Pismo Beach will use the Computer Aided Dispatch (CAD) CAD to CAD system electronic interface to expedite 9-1-1 call transfers to the CAL FIRE ECC.
3. Pismo Beach Police dispatchers will transfer or relay calls for fire service resources to the CAL FIRE ECC. Information between dispatch centers will be sent using the CAD to CAD interface software.
4. CAL FIRE ECC staff will dispatch fire and emergency medical services, including Pismo Beach Fire resources, and make all notification to other agencies necessary to mitigate fires, rescues, medical emergencies and other incidents in the City.
x For fire or medical incidents that do not trigger the Emergency Medical Dispatch (EMD) protocol, Pismo Beach Police Department dispatch will “single button” transfer the E911 call to CAL FIRE ECC via the 911 trunk line system.
x For fire or medical incidents that do trigger the EMD protocol, Pismo Beach Police Department dispatch will still “single button” transfer the E911 call to CAL FIRE ECC via the 911 trunk line system, however they will stay on the line for interrogation of the calling party per EMD protocol while CAL FIRE completes the dispatch. x CAL FIRE will complete the dispatch of the appropriate Pismo Beach fire units within 60 seconds of completion of 911 transfers.
5. The City will participate in the CAL FIRE Mobile Data Computer (MDC) system. This system is used for receiving dispatch information, providing routing to an incident, providing command and control tools and Automatic Vehicle Location (AVL) for digital resource identification. Costs for hardware, software and support of the system will be negotiated between the City and CAL FIRE, and will be borne by the City.
6.Pismo Beach-owned base station radios, handheld and mobile radios, and pagers carried by fire department response personnel will be configured at City expense to the CAL FIRE primary dispatch frequency and meet CAL FIRE standards.
7. CAL FIRE will maintain a dedicated phone line between dispatch agencies for advisements and information exchange.
8.Pismo Beach Police dispatch will be the coordination point for non-fire City resources and agencies necessary to mitigate a fire, rescue, or medical emergency, such as Public Works and other City staff.
9.CAL FIRE will be the coordination point for outside agencies to mitigate a fire, rescue, or medical emergency, such as other fire agencies through mutual and automatic aid agreements, MEDCOM for additional ambulances, and marine agencies including the Coast Guard and Port San Luis Harbor Patrol.
10.The above practice will apply unless a more appropriate method and practice is mutually agreed to that better achieves the goal of correctly and quickly dispatching the appropriate first responder resources.
11. CAL FIRE will be responsible for producing, validating, and updating Geographical Information System (GIS) based maps to ensure accurate dispatching for fire resources.
12.CAL FIRE will develop and maintain statistics and records of emergency calls within the City.
Attachment 1A
12.B-37Council Agenda 6-7-2022
Packet Page 194
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 36
13. CAL FIRE will maintain inventory and service records of Pismo Beach Fire Department telecommunications equipment.
14.CAL FIRE will maintain status-keeping of Fire Department resources.
15.CAL FIRE will provide a 24-hour point of contact for media contacts.
16. CAL FIRE will provide the City with access to radio frequencies licensed to the State of California.
17. CAL FIRE will provide Telecommunications Services support, including renewal of FCC licenses for the Fire Department.
H. TRAINING SERVICES
The CAL FIRE San Luis Obispo Unit Training Bureau is administered by 2 Battalion Chiefs and includes two full time Fire Captains and clerical support.
The Training Bureau maintains training facilities in Paso Robles, Los Osos and San Luis Obispo.
Facilities include classrooms, meeting rooms, a computer lab, and a drill grounds with live fire and rescue training props.
The Training Bureau conducts approximately 60 classes per year, totaling over 2,000 hours of instruction.
Courses include structure fire protection, emergency medical services, hazardous materials response, confined space rescue, surf rescue, cliff rescue, Incident Command System, various other State Fire Marshal courses, and National Wildfire Coordinating Group courses, as well as locally developed classes.
Students and instructors are primarily from San Luis Obispo County agencies, but also include individuals from throughout California and surrounding states.
Additional training services are provided at the CAL FIRE Academy, located in Ione, and through CAL FIRE Regional training programs located throughout the state.
CAL FIRE also has access to non-CAL FIRE training centers throughout the state and a wide variety of classes for Job-Required, Job-Enhancement, Career Development and Upward Mobility courses.
Training Services Performance Standards
CAL FIRE will provide services according to the following performance standards:
1. CAL FIRE will ensure that all members of the Pismo Beach Fire Department are trained and certified to the levels necessary to carry out the requirements of this agreement.
2.CAL FIRE will ensure that those providing training to the Pismo Beach Fire Department are qualified and and/or certified to provide that training.
3. CAL FIRE will participate in and conduct interagency training courses and drills with adjoining fire agency providers on a scheduled basis, in order to improve regional response efforts and interoperability of equipment and personnel.
4.CAL FIRE will evaluate each employee’s training, education, and work experience to develop an appropriate Training Plan. Training for employees will be based on identified needs.
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Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 37
5. CAL FIRE will ensure that training provided emphasizes the types of responses typical for the City.
Examples of this training include surf rescue, cliff rescue, local orientation, hazardous materials, Diablo Canyon Nuclear Power Plant, rescue water craft, etc.
6. CAL FIRE will deliver training in a variety of formats, including periodic refreshers, continuing education, and re-certification drills and courses.
7.CAL FIRE will maintain training records in accordance with Cal-OSHA, CAL FIRE, and Pismo Beach standards.
8. CAL FIRE will develop and provide training to the Pismo Beach Fire Department’s career firefighters, seasonal firefighters, lifeguards and junior lifeguards, and administrative staff.
9.CAL FIRE will provide administrative staff with training which will include the use of computers and software (word processing, spreadsheets, data bases, etc.), as well as administrative procedures, personnel management, and financial administration.
10.In addition to the training necessary to complete their duties, CAL FIRE will provide Lifeguards with orientation training necessary for their success as employees of the City.
11.CAL FIRE will evaluate appropriate local, regional, state and federal training programs to ensure that Pismo Beach receives the maximum benefit for its training expenditures.
I.LIFEGUARD PROGRAMS
The Lifeguard and Junior Lifeguard programs are important to the City of Pismo Beach. CAL FIRE recognizes the importance of these programs in providing for a safe and visitor friendly community. CAL FIRE will work closely with Pismo Beach City staff in maintaining and enhancing these programs.
Current funding and staffing levels are contained within the existing City budget. The Lifeguards will remain temporary help employees of the City of Pismo Beach managed by CAL FIRE. Their payroll and employment processes will be administered through the City personnel department.
Lifeguard Program Performance Standards
CAL FIRE will provide services according to the following performance standards:
1. The Lifeguard Program will be administered by CAL FIRE and managed on a day-to-day basis by a CAL FIRE company officer assigned to Pismo Beach
2. CAL FIRE will maintain an effective program with both Lifeguards and Junior Lifeguards
3.CAL FIRE will ensure that lifeguards maintain their skills through annual recertification of existing lifeguards and annual testing and interviewing of prospective lifeguards
4. CAL FIRE will annually conduct a lifeguard academy for all new lifeguards, in order to provide the skills needed to provide services
Attachment 1A
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Packet Page 196
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 38
5. CAL FIRE will staff the appropriate number of lifeguard towers during the season, typically Memorial Day through Labor Day
6. CAL FIRE will annually review coverage and provide a staff report and program assessment.
7. CAL FIRE will provide supervision, management and administration of the lifeguard program
8. CAL FIRE will administer payroll and time-keeping services, and Worker’s Compensation claims jointly with the City Manager. All Worker’s Compensation costs will be the responsibility of the City.
9. CAL FIRE will provide exposure to job opportunities within CAL FIRE and elsewhere.
10. CAL FIRE will manage issuance of safety clothing and equipment.
11. CAL FIRE will annually conduct a Junior Lifeguard program at participation and duration levels determined by the City
12. CAL FIRE will annually review Junior Lifeguard program size, costs and associated fees, and provide a staff report on the program, with an assessment of needs.
J. FACILITIES
The City of Pismo Beach currently owns and operates two fire stations: Bello Street Fire Station (Station 64) and Shell Beach Fire Station (Station 63). A site for a future fire station has been identified.
Administrative offices for the Fire department are located in City Hall. Five lifeguard towers are located at various points on the beach.
CAL FIRE and the City of Pismo Beach agree that department facilities must be maintained, and improved if necessary, in order to ensure workplace health and safety.
Facilities Performance Standards
CAL FIRE will provide services according to the following performance standards:
1. The City will continue the existing Capital Improvement project for construction of a new fire station.
2. CAL FIRE and the City will work within budget constraints to improve working conditions in existing facilities.
3. CAL FIRE and the City will jointly review facilities to ensure suitability, adherence to codes and safe practices, and CAL-OSHA regulations.
4. CAL FIRE will provide staff reports with recommendations for changes to facilities and anticipated future needs.
5. CAL FIRE and the City will work within budget constraints to maintain facilities and coordinate repairs as needed.
6. CAL FIRE will continue to house the administrative office for the Fire Department in City Hall, unless both CAL FIRE and the City agree on a different location.
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Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 39
7. The City agrees to cover all facility operating, maintenance and repair costs, including utilities.
8. The City agrees that because fire stations are residences for firefighters, they must be designed and equipped as such, including furniture and equipment for relaxation and recreation.
K. APPARATUS AND EQUIPMENT
Currently, the City owns three fire engines, one rescue vehicle, one rescue water craft, one cart, one utility vehicle, one lifeguard vehicle and one command vehicle assigned to the Pismo Beach Battalion Chief. CAL FIRE has numerous pieces of firefighting apparatus and equipment in its inventory which will be available to supplement that which is owned by the City.
Standards for personal protective equipment (PPE), including structural firefighting gear, helmets, gloves, boots, goggles, etc, are established for the protection of firefighters. CAL FIRE standards are set at or above nationally-accepted standards for these items, and will be utilized by the department in providing services under this agreement.
Apparatus and Equipment Performance Standards
CAL FIRE will provide services according to the following performance standards:
1. The City will continue to maintain adequate funding in a reserve account(s) for the replacement of vehicles, apparatus and equipment which have reached the ends of their useful lives.
2. The City agrees to plan for replacement of vehicles as follows:
x Fire engines on commercial chassis – replace every 15 years x Fire engines on custom chassis – replace every 20 years x Rescue, utility and command vehicles – replace every five to ten years
3. Decisions to actually replace vehicles, apparatus and equipment will be made by the City, with input from CAL FIRE. However, CAL FIRE will have the authority to place vehicles, apparatus and equipment out of service if they are deemed unsafe by CAL FIRE at its sole discretion.
4. Self-Contained Breathing Apparatus (SCBAs) are a key component in protecting firefighters working in hazardous environments. The City acknowledges the critical nature of SCBAs, and agrees to replacement of SCBAs and their component parts when they are no longer serviceable, no longer meet current CAL FIRE and/or NFPA standards, or when their continued use presents a threat to firefighter safety.
5. The City agrees to cover all costs for purchase, maintenance and replacement of vehicles, apparatus, equipment, tools, radios, SCBAs, and other PPE used by career firefighters, seasonal firefighters, lifeguards, junior lifeguards, and volunteers regularly assigned to the Pismo Beach Fire Department. The City shall not be obligated to cover costs of vehicles, apparatus, equipment, tools, radios, SCBAs, and other PPE used by career firefighters, seasonal firefighters, lifeguards, junior lifeguards, and volunteers who are regularly assigned to entities other than the Pismo Beach Fire Department.
6. CAL FIRE agrees that the City will maintain ownership of all items listed in item 5.
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Packet Page 198
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 40
L. QUALITY ASSURANCE
CAL FIRE has systems in place to document, compile, and maintain statistics and records of many of its activities and programs. This information is utilized to analyze program effectiveness and fiscal responsibility. Information gathered is used at local and state levels.
Pursuant to the wishes of the City Council and/or City Manager, written formal reports can be provided, detailing the accomplishments and performance of the Fire Department. These reports include, but are not limited to, those listed below.
Quality Assurance Performance Standards
CAL FIRE will provide services according to the following performance standards:
1. CAL FIRE will provide the City with the following:
x Monthly Department status reports for the City Council as per City policy x Reports listing numbers of calls for service by type and average response times. x Statistical analyses of fire cause and fire prevention/education focus. x After-action reports and critiques of significant or major incident activity. x Expenditure and fiscal reports.
x Reports to the City Council summarizing the accomplishments, activities, and programs of the Fire Department will be prepared and submitted as requested by Council or the City Manager.
CAL FIRE will provide these services at no cost to the City.
Attachment 1A
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.C
SUBJECT/TITLE:
AGREEMENT WITH SUN RIDGE SYSTEMS FOR THE REPLACEMENT OF POLICE
DEPARTMENT COMPUTER-AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into an agreement with Sun Ridge Systems Inc. for the replacement of the Police Department's Computer-Aided Dispatch (CAD) system and the Records Management System (RMS) in the amount of $251,598, and appropriating related budget adjustments in Fiscal Year 2023.
BACKGROUND:
Since 2001, the City has contracted with Executive Information Services (EIS) to provide a Computer Aided Dispatch and Records Management (CAD/RMS) software solution for the Police Department. At the time, surrounding agencies throughout San Luis Obispo County also contracted with EIS, with the hope that the software would provide information sharing and common workflow amongst the agencies. Those surrounding agencies included the Arroyo Grande Police Department and the Grover Beach Police Department, among many others.
Since that time, the EIS software system has not stayed current with advances in technology, and changes to California legislation. The EIS software was last upgraded in 2011. This lack of ongoing development has caused numerous software-related repairs, ongoing frustration to department users, and a critical issue which prevented the department from reporting required statistical data to the Department of Justice. Due to these issues, and a lack of customer service attention to the specific requirements of California law enforcement agencies, the department and partnering San Luis Obispo County agencies began a search for a new CAD/RMS provider.
In December 2018, the City Council awarded a new CAD/RMS contract to ProPhoenix.
Police Department and IT staff began working with ProPhoenix to begin the transition to their product. Unfortunately, ProPhoenix’s product did not meet the Police Department’s needs, and the City worked with ProPhoenix to come to a mutual agreement on the termination of the existing contract.
Upon termination of the contract staff began research for new CAD/RMS vendors. Pismo Beach participated in the City of Paso Robles’ competitive request for proposal process to select a new CAD/RMS vendor. The Paso Robles City Council ultimately awarded the CAD/RMS contract to Sun Ridge Systems on December 7, 2021. Through this competitively bid and negotiated RFP process conducted by Paso Robles, Pismo Beach staff was able to review three of the highest-recommended CAD/RMS vendors, which provided user demonstrations to department staff and surrounding agency partners.
These vendors included: Mark 43, Tyler/New World, and Sun Ridge Systems. All three
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vendors have established client agencies in California and offered competitive solutions that achieve system and reporting requirements. All three systems provided updated technology and features, such as smart-device compatibility that the Police Department’s current system lacks. Staff’s review of the capabilities of all three vendors occurred concurrently with the review process conducted by Paso Robles, and staff estimates that the recommended award to Sun Ridge Systems results in a lower cost to Pismo Beach by avoiding a separate evaluation process that staff would have had to undertake without the Paso Robles review process.
The City’s Purchasing Policy allows for the City Manager to arrange for the City to enter into contracts with a vendor for the purchase of various services, the pricing and terms of which have been previously established by another agency, including a local entity such as the City of Paso Robles, provided that the agreement was the result of a competitive bid process, the agreement is made within a reasonable time of the competitive bid, the service conforms to the City’s specifications, and the purchase price is lower than estimated for the purchase if made directly by the City. All of these parameters have been met and therefore staff’s recommended action complies with the City’s Purchasing Policy.
After an extensive review, which included the product demonstrations, quote comparisons, and contacting outside agency users for feedback on the various systems, staff has determined that Sun Ridge Systems provides the best available CAD/RMS solution for the City of Pismo Beach. This decision is based on several factors including, but not limited to:
1. Sun Ridge Systems is based in California and has a large in-state client network.
2. Positive feedback regarding customer service.
3. A user intuitive system that is easy to learn.
4. Competitive pricing that provides a quality product based on positive user reviews.
Table 1 below shows a comparison of the three systems evaluated:
Table 1: Comparison of Costs Among Vendors Evaluated
New World Mark 43 Sun Ridge
Implementation & 1st Year: $485,790 $192,270 $251,598
Ongoing Maintenance:$43,189 $74,707 $15,057
These prices and terms are consistent with the pricing and terms obtained by Paso Robles, with consideration for the differences in the two agencies’ needs. Additionally, the Grover Beach Police Department has also decided to contract with Sun Ridge Systems, allowing both departments to achieve a financial discount for a multi-agency contract. This also allows the two departments to achieve software compatibility to facilitate the City’s ongoing consolidation project with the Grover Beach Police Department for joint dispatching services.
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The estimated timeline for implementing this software, including installation, training, and maintenance is as follows:
Task Estimated Date
Award Agreement to Sun Ridge Systems June 2022
Installation July 2022—June 2023
Go Live/Project Completed July 2023
Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into an agreement with Sun Ridge Systems in the amount of $251,598 for the Police Department’s replacement Computer-Aided Dispatch and Records Management System (CAD/RMS), and appropriating related budget adjustments in Fiscal Year 2023.
FISCAL IMPACT:
The fiscal impact of approving the attached Resolution is an estimated $278,659.40 of one-time costs in FY 2023 and an additional $15,057.00 of ongoing costs beginning in FY 2024. The implementation cost of the CAD/RMS system with Sun Ridge Systems includes $251,598.00 for the installation, training, and maintenance during the first year.
In addition, there is a $9,481.50 cost for Information Technology (IT) support services with the City’s contract IT service provider, CITIG, for services required during the installation of the new software. There is an additional cost of $5,000 to transfer the current Kologik Integrator CAD2CAD to the new Sun Ridge CAD. After including a 5% contingency of $12,579.90, the total one-time costs are $278,659.40. The current CAD/RMS project budget is $115,726.27, which, after including these estimated project costs, will leave a budget shortfall of $162,933.13. The following table lists the project budget, the estimated project costs, and the remaining budget shortfall.
FY 2022 CAD/RMS Project Budget (COPS Grant Funded) $115,726.27 Estimated One-Time Project Costs
Sun Ridge Systems $251,598.00
CITIG IT Services 9,481.50
Kologik IT Services 5,000.00
5% Contingency 12,579.90
Total Estimated Project Costs $278,659.40
Remaining Budget Surplus/(Shortfall) $(162,933.13)
Staff recommends that Council appropriate $162,933.13 from the City’s COPS grant balance, which is currently $253,888, to close the budget shortfall.
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Ongoing Costs Beginning FY 2024
After the first year, the ongoing annual maintenance contract for the system is estimated to be $15,057 per year, beginning in FY 2024, which will be supported by the General Fund Police Department’s contract services account budget.
ALTERNATIVES:
1. Do not adopt the resolution.
2. Provide staff with modifications to resolution and/or contract.
ATTACHMENTS:
1. Resolution
1.A Exhibit A: Agreement and Scope with Sun Ridge Systems Submitted by: Jeff Smith, Police Chief Meeting Date: June 7, 2022 City Manager Approval:
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RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SUN RIDGE SYSTEMS INC. FOR THE REPLACEMENT OF THE POLICE
DEPARTMENT'S COMPUTER-AIDED DISPATCH (CAD) SYSTEM AND THE RECORDS MANAGEMENT SYSTEM (RMS) IN THE AMOUNT OF $251,598, AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2023 WHEREAS, the Pismo Beach Police Department relies on a Computer-Aided Dispatch System and Records Management System (CAD/RMS) to keep most of the records associated with law enforcement and assist received calls, enter and record them, and keep track of all police units and activity throughout the city; and WHEREAS, the Pismo Beach Police Department provides dispatch services to the City of Grover Beach, and it is beneficial for both agencies to use the same Computer-Aided Dispatch software to optimize the dispatch services provided for both cities and the City of Grover Beach will be contracting with Sun Ridge Systems for its CAD software; and WHEREAS, these systems track and document all field activities, provide incident history on locations within the city, track individual officer activities, provide valuable workload data regarding task history, staffing, and deployment, provide interface to the E-911 System, and regional, state and national criminal justice data bases, maintain the Master Name Index, Master Vehicle Index, Case Assignment and Tracking system, management reporting system, property and evidence management, arrest warrant tracking, personnel tracking, booking photos, and workload management; and
WHEREAS, the Police Department has had numerous problems with critical components of the current system since its initial launch in 2001 and upgrade to EIS in 2012; and WHEREAS, the Pismo Beach Police Department joined with the City of Grover Beach, City of Arroyo Grande, and the City of Paso Robles to explore new and cutting-edge CAD/RMS systems with the purpose of obtaining Proposals for a CAD/RMS system that agencies within the county would consider upgrading to, accomplishing a more regional approach to our current CAD/RMS systems; and
WHEREAS, among the vendors evaluated, Sun Ridge Systems will best-serve the City’s needs, based on its existing client base in California, intuitive interface, competitive cost, and compatibility with the City’s partner agencies; and WHEREAS, the City's FY 2023 budget for this project compared to the estimated project costs reflects an estimated budget shortfall of $162,933.
Attachment 1
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a contract with the Sun Ridge Corporation (Exhibit A) in the amount of $251,598.00.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $162,934 in the Capital Projects Fund Capital Outlay Computers account in the Police CAD/RMS project account supported by the COPS Grant Fund, including appropriating related transfers between funds, in FY 2023.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
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SUN RIDGE SYSTEMS, INC.
SOFTWARE AND SERVICES AGREEMENT
This Software and Services Agreement (“Agreement”) is executed in duplicate as of __________________, 2022, between Sun Ridge Systems, Inc., a California corporation (“Sun Ridge”), and City of Pismo Beach, a general law city of the State of California (“the City”) located at 760 Mattie Road, Pismo Beach, CA 93449.
Section 1. Agreement. That for and in consideration of payments and agreements hereinafter mentioned to be made and performed by the City, and under the conditions set forth in this Agreement, Sun Ridge agrees to provide computer software (“Software”) and services (“Services”) to the City as described in Exhibit A, Scope of Work, attached hereto and incorporated herein. The Software support and maintenance services to be provided by Sun Ridge as part of the Services are more specifically described in Exhibit C attached hereto and incorporated herein (“Software Support Services Agreement”).
Section 2. City Project Manager. Sun Ridge shall work under the general direction of ______________ in fulfilling this Agreement.
Section 3. Scope of Work. The project that is the subject of this Agreement shall consist of the delivery by Sun Ridge to the City of the Software and Services (the “Project”) described in Exhibit A.
Section 4. Payment Schedule. In consideration for the Software and Services to be provided by Sun Ridge under this Agreement, the City agrees to pay Sun Ridge the Total Contract Amount (“Contract Amount”) given in Exhibit B according to the following schedule (“Payment Schedule”):
Milestone Amount of Payment
Contract Signing 25% of Contract Amount
Software Installation Complete 25% of Contract Amount
Training Complete 25% of Contract Amount
Final Acceptance 25% of Contract Amount
The City shall not be entitled to withhold or delay payments due to Sun Ridge pursuant to the above Payment Schedule due to delay in the delivery, installation, or testing of Software items described in Exhibit A where the delay is the result of action or inaction or breach of this Agreement by the City, its agents or employees or the action or inaction of a third party which is not within Sun Ridge's reasonable control.
Section 5. Invoices. Invoices shall be sent to:
________________________
________________________
________________________
Upon receipt of the invoice, the City shall verify that the invoice has been properly prepared and that the conditions of payment have been fulfilled. If the payment conditions have been fulfilled, the invoice shall be processed and paid by the City within thirty (30) days after the City’s receipt thereof.
Attachment 1A
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In addition to any other amounts for which City is liable under this Agreement, City agrees to pay to Sun Ridge a late charge equal to one percent (1%) of the amount due if City fails to pay Sun Ridge any amount that is due and owing pursuant to this Agreement within sixty (60) days after City’s receipt of an invoice from Sun Ridge. In addition, any invoiced amounts that are due and owing under this Agreement which City fails to pay to Sun Ridge within ninety (90) days after City’s receipt of an invoice from Sun Ridge shall thereafter bear interest at the rate of twelve percent (12%) per annum or the highest interest rate allowed by applicable law, whichever is less.
Section 6. Term of Agreement. Unless terminated earlier in accordance with the provisions of this Agreement or applicable law, the term of this Agreement (“Term”) shall be from the date shown on the first page of this Agreement through completion of the Project. Completion of the Project means the installation by Sun Ridge of all of the Software, the completion by Sun Ridge of all training and other Services and the payment by the City to Sun Ridge of the entire Contract Amount. The Project schedule is to be separately generated and agreed to between the parties. Notwithstanding the foregoing, the License described in Section 9 below will remain in effect until it is terminated pursuant to Section 9.
Section 7. Warranty/Disclaimer of Liability.
a.Sun Ridge warrants that upon delivery the Software substantially conforms to its Documentation and is free from defects that will materially impair its use. The City’s sole and exclusive remedy for breach of this warranty will be repair or replacement of the Software. Sun Ridge will make reasonable efforts to correct errors in the Software but does not warrant that the Software is error-free or will perform without interruption. The City has relied solely upon its own investigation and judgment in selecting the Software and not upon any representations or promises of Sun Ridge except as may be expressly stated in this Agreement. b.THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES PERTAINING TO THE SOFTWARE, EXPRESS OR IMPLIED, AND SUN RIDGE
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
c.IN NO EVENT WILL SUN RIDGE BE LIABLE FOR LOST
BUSINESS, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF THE
QUALITY, CONDITION OR USE OF THE SOFTWARE OR ANY OTHER PART OF THE PRODUCT. IN NO EVENT WILL SUN RIDGE BE LIABLE FOR ANY AMOUNT WHICH EXCEEDS THE AMOUNT PAID BY THE CITY FOR THE PRODUCT.
Section 8. Final Acceptance. For thirty (30) days from the beginning of City’s Operational Use of the Software or forty (40) days after the completion of installation and training by Sun Ridge, whichever comes first (the “Test Period”), City shall test the system for defects and anomalies. “Operational Use” is defined as the City’s use of the Sun Ridge Software in the course of the City’s daily business activities. During the Test Period, Sun Ridge shall address and attempt to resolve issues with the Software identified by City under the Software Support Services Agreement (Exhibit C). At the end of the Test Period, City shall accept or reject the Software as follows:
a.If City determines that the Software is performing to its satisfaction it shall immediately provide written notice to Sun Ridge of final acceptance of the Software (“Final Acceptance Notice”), and upon receipt of a valid invoice from Sun Ridge, shall process and pay the final milestone of the Contract Amount including any additional outstanding milestone Payment Amounts. Any remaining issues with the Software shall be covered as part of the original Attachment 1A
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cost of the system and handled as maintenance items under the Software Support Services Agreement (Exhibit C).
b. If City decides to not accept the Software, then it must so notify Sun Ridge in writing within five (5) calendar days after the end of the Test Period (a “Rejection Notice”). If a Rejection Notice is given, this Agreement shall be automatically terminated and all payments already made by City to Sun Ridge, less the cost of project management, installation, data conversion, and training services provided up to the date of termination shall be returned to City by Sun Ridge within thirty (30) days after receipt of the notice. The terms of Section 11 and all other provisions of this Agreement that expressly survive such termination shall apply. c. If City fails to provide a Final Acceptance Notice or a Rejection Notice within five (5) calendar days after the end of the Test Period, then City’s final acceptance of the Software shall be considered to have occurred and City and Sun Ridge shall proceed as described in section 8.a above.
Section 9. Software License. Subject to the terms, conditions, limitations and restrictions set forth in this Agreement, Sun Ridge grants to the City a nonexclusive and non- transferable license, effective upon the City’s Final Acceptance of the Software pursuant to Section 8 above, to use the Software in connection with the City’s normal and customary daily operations substantially as they exist as of the date of commencement of the Term as described below (the “License”). The City shall acquire no ownership or other rights in or to the Software except for the License granted hereunder, and title to the Software shall at all times remain with Sun Ridge.
a. The following additional terms, conditions and limitations apply to the License:
i. The City may use the Software on all computers or
electronic devices owned by, in the control of, or authorized for use by the City’s police and fire departments, as well as the City’s management services and administrative services employees to the extent reasonably necessary to respond to Public Records Act requests and otherwise as may be reasonably necessary to provide administrative support for the primary use of the Software by the City’s police and fire departments, and for the sole use of the City’s such departments and their employees. The Software may not be used by or at any other City departments, agencies, units, or personnel, including but not limited to other law enforcement agencies or fire departments, unless expressly agreed in writing by Sun Ridge. ii. The City may make a copy of the Software for backup or modification purposes only in support of the City’s authorized use of the Software hereunder as Sun Ridge has expressly authorized; and
iii. No one using the Software, and no one for whose benefit the Software is being used, shall sublicense, resell, distribute, market, provide or otherwise make available the Software or any part or copies thereof to any third party. iv. The City shall not transfer, use, or export the Software in violation of any applicable laws, rules, or regulations of any government or governmental agency. v. The City shall not use the Software to disrupt, disable, or otherwise harm the operations, software, hardware, equipment, and/or systems of a business, institution, or other entity, including, without limitation, exposing the business, institution, or other entity to any computer virus, trojan horse, or other harmful, disruptive, or unauthorized component.
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vi. The City shall not embed the Software in any third-party applications, unless expressly permitted under this Agreement or otherwise authorized in writing in advance by an authorized officer of Sun Ridge.
vii. The License granted under this Agreement shall apply only to the object code for the Software. No one using the Software, and no one for whose benefit the Software is being used, shall have the right to use or have access to the source code for the Software, and neither the City nor anyone using the Software pursuant to this License will modify, change, merge, adapt, translate, reverse engineer, decompile, disassemble, or prepare derivative works based upon the Software.
viii. The City acknowledges that the Software and the
Documentation constitute trade secrets of Sun Ridge. The City agrees to maintain the confidentiality of the Software and the Documentation and shall take commercially reasonable steps to preserve that confidentiality pursuant to Section 12 of this Agreement. b. The term of the License shall commence upon Final Acceptance of the Software by the City and shall continue until the License is terminated as provided below. i. Sun Ridge may immediately terminate the License in the event of any failure by the City to comply with the terms or conditions of this Agreement by giving written notice of such termination to the City. In the event the City has leased the Software from Sun Ridge, the License will terminate automatically upon termination of the lease. Upon such termination, the City shall immediately cease further use of the Software and will cause all copies of the Software to be destroyed or returned to Sun Ridge. ii. The City may terminate the License at any time by giving written notice thereof to Sun Ridge and by destroying or returning to Sun Ridge all copies of the Software. The City acknowledges and agrees that any election by the City to terminate the License hereunder will not entitle the City to any refund of amounts paid or compensation of any kind from Sun Ridge.
iii. Upon any termination or expiration of the License, an authorized representative of the City shall certify in writing to Sun Ridge that all copies of the Software and the Documentation which were the subject of the License have either been destroyed or returned to Sun Ridge as required above.
iv. The provisions of Sections 7 and 11 through 13, inclusive, shall survive the expiration or termination of this Agreement. c. Sun Ridge may, at its option, release updates to or new versions of the Software. If the City elects to obtain any update or new version of the Software, the use of such update or new version will be subject to the terms and conditions of this Agreement. d. Except as expressly provided in this Agreement, Sun Ridge retains all intellectual property rights and other rights to the Software, Documentation (as defined below), and the source code for the Software.
Section 10. Indemnity and Insurance.
a. Sun Ridge agrees to indemnify, defend, and hold harmless the City and its officers, directors, shareholders, employees, and agents (the “City Indemnified Parties”) from any and all claims, demands, liabilities, and costs, including attorney’s fees (“Claims”), arising out of or relating to (i) any actual infringement of a third-party’s intellectual property rights Attachment 1A
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or (ii) the negligence or willful misconduct of any employee or agent of Sun Ridge occurring during or as a result of Sun Ridge’s performance of its obligations hereunder, provided that Sun Ridge shall have no indemnity or other obligations to the City hereunder to the extent any such Claims arise from or are the result of the negligence or other fault of the City or its employees, agents or other contractors nor shall the foregoing indemnity and hold harmless obligations of Sun Ridge extend to or cover any Claims arising from or relating to claims of defects or errors in the Software or the City’s use or inability to use the Software. This indemnity obligation shall survive the expiration, cancellation, or termination of this Agreement. Notwithstanding the foregoing, the City expressly waives, releases, and agrees that neither Sun Ridge nor Sun Ridge’s officers, directors, shareholders, employees, agents and affiliates shall have any liability for any individual’s or entity’s lost business, direct damages, incidental or consequential damages, or any other third- party Claims arising out of or related to the use or implementation of the Software. b.During the term of this Agreement, Sun Ridge shall comply with the following insurance requirements:
i.Workers’ Compensation. Sun Ridge shall fully comply with the terms of the law of California concerning workers’ compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Sun Ridge may have for workers’ compensation. Said policy shall also include employer’s liability coverage of $1,000,000 per accident for bodily injury or disease. ii.General Liability Insurance. Sun Ridge shall obtain at its sole cost and keep in full force and effect during the term of this Agreement commercial general liability insurance in the amount of $1,000,000 per occurrence for bodily injury, and property damage personal injury; coverage includes products and completed operations. Said insurance shall provide (1) that the City, its officers, and employees shall be included as additional insureds under the policy, and (2) that the policy shall operate as primary insurance, and non-contributory.
Appropriate policy endorsements shall be provided to the City to evidence such coverage. iii.Automobile Liability Insurance. Sun Ridge shall obtain at its sole cost and keep in full force and effect during the term of this Agreement business automobile liability insurance in the amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said insurance shall provide that the policy shall operate as primary insurance, and non-contributory.
iv.Certificates of Insurance. Sun Ridge shall file with City upon the execution of this Agreement, certificates of insurance which shall provide that no cancellation, major change in coverage, expiration, or nonrenewal will be made during the term of this agreement, without thirty (30) days written notice to the City prior to the effective date of such cancellation, or change in coverage.
Section 11. Termination Rights. Either party may terminate this Agreement upon material breach of any of the terms of this Agreement by the other Party, after first giving the other party written notice of such breach and thirty (30) days to cure. If the breaching party does not cure the breach within the allotted time, the Agreement will be terminated. Upon Termination, each party will return, delete, or destroy any copies, whether tangible or electronic, of Confidential Information obtained from the other party pursuant to this Agreement, including but not limited to any Documentation and any Confidential Information stored on any equipment that may be returned, and certify to the other party in writing within five (5) business days of the termination date that it has done so.
Section 12. Confidential Information. “Confidential Information” means any and all confidential information of a party to this Agreement that is not generally known to or by members Attachment 1A
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of the public, including but not limited to businesses that compete with such a party, including but not limited to the Software and the Documentation pertaining thereto. Confidential Information shall not include information that is now or becomes part of the public domain, is required by applicable law to be disclosed, was already known by the receiving party at the time of disclosure, is independently developed by the receiving party without any use of Confidential Information or is lawfully obtained from a third party. “Documentation” means those visually readable materials developed by or for Sun Ridge for use in connection with the Software, in either written or electronic form.
Each party agrees to protect the other party’s Confidential Information. Confidential Information will not be used or disclosed except as authorized by the providing party. Confidential Information will be disclosed to employees of the receiving party only on a “need to know” basis and only after such employees are informed of the confidential nature of the information and obligated to maintain confidentiality.
If a party or any party acting on its behalf is required to disclose by order of a court of competent jurisdiction, administrative agency or governmental body, or by subpoena, summons or other legal process, or by law, rule or regulation, or by applicable regulatory or professional standards to produce Confidential Information, that party shall promptly (and prior to such disclosure) notify the other party in writing of such demand or requirement whereupon the parties shall cooperate and take all reasonable acts (without significant cost or expense to the notifying party) to exhaust the legal avenues available to maintain the confidentiality of such Confidential Information, unless the party whose Confidential Information is at issue consents to the production and disclosure of such Confidential Information. In all events, only that portion of the Confidential Information specifically requested by the tribunal or person compelling such disclosure shall be provided and no interpretation or analysis of such data prepared for the purpose of such disclosure shall be disclosed unless approved the party whose Confidential Information is at issue or required by law.
In addition to the foregoing paragraph, and not by way of limitation, the City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Sun Ridge’s proprietary information is contained in documents or information submitted to City, and Sun Ridge claims that such information falls within one or more CPRA exemptions, Sun Ridge must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific documents, portions of documents, or electronic information containing the confidential information. In the event of a request for such information, the City will promptly provide notice to Sun Ridge prior to such disclosure in accordance with the preceding provisions of this Section
12. If Sun Ridge contends that any documents or information are exempt from disclosure under the CPRA, the City will reasonably cooperate by serving an appropriate objection or objections to the CPRA request if requested in writing by Sun Ridge prior to the CPRA response date. If Sun Ridge wishes to prevent disclosure of what it contends is exempt or protected from the requirements of the CPRA, Sun Ridge may, at Sun Ridge’s cost, seek a protective order, injunctive relief, or other appropriate remedy from a court in San Luis Obispo County before the City is required to respond to the CPRA request or Sun Ridge may defend and indemnify the City in opposing the requesting party’s action to compel such disclosure. If Sun Ridge fails to request that the City serve an objection or objections to the CPRA request or obtain a provisional remedy within the time the City is required to respond to the CPRA, City may disclose the requested information.
Section 13. General Terms.
a. Governing Law. This Agreement will be construed by and enforced in accordance with the laws of the state of California.
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b.Arbitration. If a dispute arises from or related to this Agreement or the breach of this Agreement and if such dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation to be held in Sacramento, California, under the Commercial Mediation Rules of the American Arbitration Association before resorting to arbitration. Thereafter, any unresolved controversy or claim arising from or relating to this Agreement, or breach of this Agreement, shall be settled in arbitration to be held in Sacramento, California. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association, and the parties shall be allowed discovery in accordance with the California Code of Civil Procedure. If Sun Ridge and the City cannot jointly select a single arbitrator to determine the matter, one arbitrator shall be chosen by each of Sun Ridge and the City (or, if a party fails to make a choice, by the American Arbitration Association on behalf of such party) and the two arbitrators so chosen will select one additional arbitrator.
The decision of the single arbitrator jointly selected by Sun Ridge and the City, or, if three arbitrators are selected, the decision of any two of them will be final and binding on the parties and the judgment of a court of competent jurisdiction may be entered on such decision. The prevailing party shall be entitled to recover reasonable attorneys’ fees and expenses resulting from any arbitration proceeding.
c.Severability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, such finding shall not affect the validity, legality, or enforceability of the remaining provisions.
d.Assignment. Parties may not transfer, assign, or sublicense this Agreement, any license hereunder, or any of its rights or duties hereunder to any other person, entity, governmental agency, governmental department, governmental unit, political subdivision or corporation without the prior written consent of the other party, which consent may be given or withheld in such party’s sole discretion. Any attempted transfer, assignment, or sublicense made without prior written consent shall be completely void. e.Notice. Any notice requested or permitted to be given hereunder shall be sent prepaid, certified mail, return receipt requested, and shall be deemed to have been given on the third (3rd) business day after mailing to the other party as follows: to the City at the address indicated in the initial paragraph of this Agreement or to Facsimile No. ______________________; to Sun Ridge Systems at P.O. Box 5071, El Dorado Hills, CA 95762, Facsimile No. (530) 672-2385. Notices may be given by facsimile transmission to such number as may be specified by the party for such purpose and shall be deemed to have been given when transmitted to such number with confirmation of a successful transmission. f.Independent Contractors. The parties to this Agreement shall constitute independent contractors. Nothing in this Agreement shall be construed as establishing any employment, partnership, joint venture or similar arrangement between the parties, and no party has any authority to commit any other party to any obligation to any other person or entity, unless expressly agreed to in writing signed by such party. g.Force Majeure. Sun Ridge shall not be responsible for interruption of, interference with, diminution of, or suspension of any of its products or services, including performance failure, which are caused by strike, lockout, riot, epidemics, war, government regulation, fire, flood, natural disaster, acts of God, utility failures, losses or injuries arising directly or indirectly from criminal acts, negligent acts of others, malfunctions or inadequacies of equipment or service not directly within the control of Sun Ridge. h.Authorization/Entire Agreement/Modification. This Agreement will be effective upon signing by the City and Sun Ridge. This Agreement is the complete and final Agreement of the parties relating to the subject of this Agreement and it replaces and supersedes Attachment 1A
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any prior or contemporaneous oral or written understandings or agreements. No alteration or variation to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.
This Agreement has been executed by the parties hereto, from the date shown on the first page.
SUN RIDGE SYSTEMS, INC.
By: _________________________________
Anthony B. Richards
Its: President
City of Pismo Beach
By: _________________________________
Its:
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Exhibit A Scope of Work
Section 1 – Software Licenses
The City has purchased the following software licenses:
RIMS Computer Aided Dispatch Software
RIMS Records Management Software
RIMS Mobile Computer Software
iRIMS Law Mobile App Software
RIMS In-Station Mapping Software
RIMS Mobile Mapping Software
RIMS Property Room Bar Coding Software
RIMS Collaborate Data Sharing Software
RIMS Text Paging Link Software
The City has purchased the following RIMS interface software:
RIMS E911 Link Software
RIMS State (CLETS) Link Software
RIMS Body Camera Link Software
RIMS AutoCite Import Software
RIMS SWITRS Export Software
RIMS to Kologik CAD2CAD Link
Section 2 - Project Schedule
Upon execution of the Agreement, Sun Ridge and City shall define a mutually agreed on project schedule by task. The schedule is flexible and subject to mutually agreed to changes.
Section 3 – Hardware/Equipment
Sun Ridge is providing one (1) Worth Data Bar Code Scanner.
Section 4 – Third-Party Software
Sun Ridge is providing no Third-Party software.
Section 5 - Installation
Sun Ridge will install all Sun Ridge provided Software on City provided servers and will provide instruction to City staff on how to install the client workstation Software and Mobile/App Software. City servers and workstations (including desktop and laptop computers as well as Android and/or iOS devices) shall meet the minimum specifications set forth in Section 13.
Access to City supplied servers shall be via unattended remote access using a product called Bomgar by BeyondTrust, provided by Sun Ridge.
As part of installation, Sun Ridge will setup a basic system backup process to local disks.
Section 6 – Configuration
Sun Ridge will provide the following sessions to the City’s designated RIMS Administrators.
Please note that since you are a multi-agency user with the Grover Beach Police Department, portions of these sessions will be conducted in tandem with them.
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Initial Setup: Consists of two (2) sessions, not to exceed four (4) hours per session, consisting of instruction on the preliminary configuration of RIMS. Initial Setup is conducted over the phone and via remote access to the City’s RIMS via remote access. The City will be given specific assignments to be completed at the conclusion of the sessions.
RIMS Configuration and Setup: Consists of either 1.5 contiguous days onsite, or up to 12 hours via phone and remote access. This session continues the system setup that was started with the Initial Setup sessions. The RIMS Administrators will be instructed on how to configure RIMS to most closely meet the desired operational procedures of the City. In some cases, the RIMS Administrators may find that modifying existing procedures may be desired in order to take full advantage of RIMS functionality. Discussions will include:
Customization of drop-down menu choices for 200+ fields* The City’s records management operational decisions
Paper flow vs paperless vs less paper for records
Selection of case format type
Review of data conversion processes and implementation, including reviewing data and starting data translations if converted data is available at the time the session is scheduled.
Section 7 - Map Engineering Services
Sun Ridge will provide map engineering services assuming an ESRI-based map source. This process involves the City supplying an ERSI street centerline file (and layers) to Sun Ridge so that Sun Ridge can build maps for use by the RIMS mapping software products.
Section 8 – Street File (aka “Geofile”) Load
City and Sun Ridge will work together to determine the best street file source. One “load” of this source file into RIMS is included in the scope. If City determines that additional iterations of the street file are to be loaded (due to updates or corrections) or determines an alternative source for the street file is preferred, Sun Ridge may charge additional fees.
Section 9 - Integration.
Sun Ridge shall provide RIMS sided interfaces for all third-party software applications listed in Section 1 above. The City must coordinate with third-party vendors to complete and test each interface.
Section 10 - Training
Sun Ridge is providing “end user” training all of which shall be conducted on-site (except where noted in the following chart) at a City provided location(s). Training days are contiguous, including weekends. Class times are 0800 to no later than 1700. Sun Ridge will provide a training plan at least 30 days prior to the first training session, generally following the parameters and total number of classes set forth in the chart below but with the specifics mutually agreed upon by the Parties.
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Sun Ridge will provide course materials/handouts in electronic format in advance of the training.
As “session” is a repeat of the same class/material.
End User Training
Subject
Sessions
Offered
Days Per
Session
Total
Days Class Size
Dispatcher 2 2 4
No more than
1 student per
workstation/10
students per
session max
Officers/Mobile Training 3 2 6
No more than
2 students per
workstation/20
students per
session max
Records 1 1 1
1 student per
workstation
(also must
attend Day 1
of Officer
Training)
Property Room 1 1 1
1 student per
workstation
(also must
attend Day 1
of Officer
Training)
Admin Review 1 .5 .5 TBD
IT Overview 1 .5 .5
IT Staff –
Conducted as
part of System
Cutover
Section 11 - Go Live Support
Two (2) Sun Ridge staff will be on site on the day of system cutover and 2 staff will be onsite that day after system cutover. Staff will be onsite to answer questions and to address any system problems.
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Section 12 – Data Conversion
Our proposal includes the cost for conversion of your EIS RMS and EIS Property Room data.
Data conversion does NOT include data extraction from the current EIS system. You will provide the EIS data to be converted to Sun Ridge (either via a database backup or via a linked server) which shall consist of RMS data (consisting of a single database). Once Sun Ridge receives the extracted data, Sun Ridge will evaluate it to determine which items may be converted into RIMS. As part of Sun Ridge’s standard data conversion, Sun Ridge attempts to convert the following items. In some instances, all data may not be available or suitable for conversion.
RMS Data
People:
Person Name (including combining duplicates based on 6-way match) DOB
Contact Information
Description
Identification Numbers
Officer Safety Notifications
Log Entries for Connections to Cases
Log Entries for Citations
Log Entries for Field Contacts
Person Photos (if stored in the RMS and NOT a separate database or system).
Arrests:
Arrestee
Date/Time
Charges
Counts
Offense Level
Disposition
Booked/Cited Out.
Arresting Officer ID
Vehicles:
License (including combing duplicates based on 2-way match) License
State
Make
Model
Year
Color
Type
Log Entries for Connections to Case
Log Entries for Field Contacts
Log Entries for Citations.
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Cases:
Location
Date Reported
Date Occurred
Classification/Type
Offenses
Case Dispositions
Date of Dispositions
Officer ID
Persons
Vehicles
Narratives
Supplements.
Attachments to cases to include the following file types: .doc (no imbedded photos), .pdf., .jpeg.
Accident Reports (from EIS):
Location
Date Reported
Date Occurred
Classification/Type
Offenses
Case Dispositions
Date of Dispositions
Persons
Vehicles
Narrative
Supplements
CHP 555 Form and Diagram as .pdf files as part of attachments process.
Warrants (if applicable):
Person Name
Warrant #
Warrant Date
Type
Felony/Misdemeanor
Reason
Court
Judge
Case #
Cite
Docket
Ref #
Agency
Charges
Comment
Bail Amount
Served Date
Returned Date
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Returned Reason
Recalled Date
Recalled Reason.
Property in Cases:
Category
Article
Status
Description
Brand
Model
Item #
Property Code
Locations
Value-stolen
Recovered
Damage
Officer.
Premises:
Common Place Name
Address
Contract Person
Contract Phone Number
Alarm.
Streets (if electronic street file is available):
Street Name
Intersections (with block ranges).
Officer:
Name
ID
Users:
Name
ID
Property Data
Consists of conversion of EIS property data for Officer Reports/Cases into RIMS property for Officer Reports/Cases. Data elements include:
Property Status
Property Category
Property Brand
Property Model
Property Article
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Property Description
Property Size
Property Color (up to 2)
Property Serial #
Quantity
Property Value Stolen
Property Value Recovered
Property Value Damaged
Sun Ridge will match property records for conversion by comparing the Property Bar Code and Case # value in EIS RMS with the same two values in EIS Property Room data. Only property records matching both criteria converted from EIS into RIMS.
Sun Ridge will create a list of property records from EIS that did not match the conversion criteria. It will be the City’s responsibility to correct the EIS data to match the conversion criteria.
Any additional matching rules you may wish us to add to accommodate any of these exceptions will be at additional cost and require a change order Conversion of CAD data has not been included.
As part of the data conversion process, your data will be merged with that of Grover Beach as part of the multi-agency RIMS.
Section 13 - The City’s Responsibilities
The City is responsible for the following:
- Installation of all remaining client workstations
- Installation of all remaining mobile computers
- Installation of all remaining smartphone/tablet devices - Coordinate and schedule resources of the City to include IT staff - Identify RIMS Administrators
- Provide data communications infrastructure (network, wireless, internet, intranet) - Complete, submit and gain approval of updated DOJ CLETS application - Coordinate testing of the CLETS Message Switch
- Complete CIBRS certification
- Contact third party vendors (E911 provider, DOJ, AXON, etc., and any other necessary third-parties) and coordinate their schedules and costs they may charge the City to provide, install and test their portion of the interface to RIMS. - Provide Geofile (aka “street file”) source and build-out - Ensure accuracy of the geofile
- Provide initial map source file (ESRI)
- Ensure accuracy of the map source
- Purchase and install ERSI Run-Time software on workstations that will run ERSI-based maps Attachment 1A
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-Ensure all user-maintained configuration and data validation tables are completed prior to the start of training
-Provide training facilities and workstations (meeting minimum workstations requirements) and ensure access to RIMS training database from the training location(s) -Training facilities must meet current Federal, State and local guidelines for health and safety, including those that may affect class size and physical configuration -Make paper copies of class materials and handouts provided by Sun Ridge -Schedule the City staff into requisite classes
-Assume any costs for staff overtime or other expenses incurred to support training schedule -The City will allow unattended remote access (during implementation) to Sun Ridge using Bomgar by BeyondTrust remote access software to allow Sun Ridge to meet its responsibilities under this Agreement
-The City will provide the following hardware and system software meeting the following minimum specifications:
Database Software: Microsoft SQL Server software (Enterprise Edition) required to run the RIMS database.
Servers: RIMS software supports a traditional hardware platform or a virtual platform.
The hypervisor software products supported - VMWare, Hyper-V, and others. You will need one database server and one application server. The application server does not require as much disk or RAM as the database server.
Minimum Specifications (If using existing hardware) Monitor Resolution: 1920 x 1080
PC Workstations Database Server
Windows 10+ Microsoft Windows Server 2016+
4 GB RAM 16 GB RAM
Any size disk 1 TB Disk
Microsoft SQL Server 2016+
Recommended Specifications (If purchasing new hardware) Monitor Resolution: 1920 x 1080
PC Workstations Database Server
Windows 10+ Microsoft Windows Server 2016+
8 GB RAM 32 GB RAM
Any size disk 2 TB Disk
Microsoft SQL Server 2016+
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Minimum Specifications (If using existing PCs) - Monitor Resolution: 1920 x 1080
PC Workstations
Windows 10+
4 GB RAM
Any size disk
Recommended Specifications (If purchasing new PCs) - Monitor Resolution:
1920 x 1080
PC Workstations
Windows 10+
8 GB RAM
Any size disk
Mobile Computer Specifications - Recommended Specifications (If purchasing new PCs) Monitor Resolution: 1920 x 1080
Mobile Computers
Windows 10+
8 GB RAM
Any size disk
Additional Features for Mobile Computers: Wireless-Based Modem, Virus Protection Software, 2 or more USB ports, Internet Access (if using Google Maps). Option features for Mobile Computers: Touchscreen, Driver License Reader (USB), and Fingerprint reader by Digital Persona.
Mobile Application Specifications:
Mobile App Devices
iPhones/iPads Android
iOS v12+ Android v6 (Marshmallow)
or greater
Property Room Specifications:
Provide a minimum of one (1) DYMO LabelWriter 450 Turbo Label Printer Provide a minimum one (1) month supply of Dymo Labels # 30256 for Property Room Attachment 1A
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Connection to Grover Beach RIMS Workstations and Mobiles:
- Ensure network connectivity between locations
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Exhibit B – Contract Amount
Item Price
RIMS Computer‐Aided Dispatch Software $14,000
RIMS Records Management Software $29,000
RIMS Mobile Computer Software $9,250
iRIMS Law Mobile App Software $7,000
RIMS In Station Mapping Software $5,200
RIMS Mobile Mapping Software $2,300
RIMS Property Room Bar Coding Software $9,000
RIMS E911 Link Software $2,800
RIMS State Link Software (CLETS) $3,000
RIMS Text Paging Link Software $2,500
RIMS Collaborate Data Sharing Software $5,000
RIMS Body Camera Software $2,000
RIMS AutoCite Import Software $2,000
RIMS SWITRS Export Software $4,000
RIMS to Kologik CAD2CAD Link $10,000
Mapping Data Engineering Services $2,500
Worth Data Bar Coding Equipment $1,700
Data Conversion Services $45,000
Installation and Training $80,143
First Year Support and Updates $15,057
California Sales Tax $148
CONTRACT AMOUNT $251,598
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Exhibit C – Support Services Agreement
This is a description of the software support, maintenance, and enhancement services to be provided by Sun Ridge Systems, Inc. (“SRS”) to the City (“Licensee”) as part of a Software Support Services Agreement (“Agreement”). This Agreement covers all RIMS public safety software (Software) licensed by the Licensee .
Under this agreement SRS agrees to provide the following services and products to Licensee:
1.Coverage Hours. SRS will provide a toll‐free phone number for Licensee to call whenever a covered problem occurs. Normal service hours will be Monday‐Friday, 8AM‐5PM PST, with the exception of common federal holidays (“Holidays”). However, for instances with the Licensee’s system is completely inoperable due to a SRS software problem (“Critical Problems”) preventing basic system operation, service will be available 24 hours, 7 days a week, Holidays included.
2.SRS Response to reported problems. SRS agrees to provide service and assistance as expeditiously as possible as follows:
a.Most problems will be resolved with the initial phone call. b.For problems that cannot be immediately resolved, SRS will work to resolve the problem based on the severity of the problem and the urgency reported by Licensee. ●For Critical Problems, SRS personnel will work with Licensee until the situation is resolved.
●For problems that are not Critical Problems that have a lesser though continuing impact on operations of Licensee (“non‐critical problems”), SRS will endeavor to provide a solution or work around within 72 hours of the problem being reported to SRS by the Licensee.
●For problems that are not Critical Problems and are not non‐critical problems (“Minor Problems”) SRS may, at its discretion, either issue a near term "fix release" of the product or include the fix in the next scheduled product update.
3.Licensee equipment and software responsibilities. Licensee agrees to allow SRS to remotely connect to Licensee’s system when a problem is reported. SRS uses BeyondTrust Remote Access Software for this purpose. BeyondTrust software provides superior security and does so over an ordinary internet connection via a SRS server that hosts a BeyondTrust security hardware appliance.
With Licensee’s permission, SRS will use this connection to examine data files related to reported problems and to provide updates and corrections when necessary.
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4.Provision of software updates. SRS will provide, at no additional cost, all new enhanced and updated versions of software licensed to Licensee. This software will be provided with detailed installation instructions for installation by Licensee. If desired, Licensee may retain SRS to perform any installation at additional cost to be determined on a per case basis. Updates are distributed via download from the SRS ftp web site. SRS will not be obligated to provide service for release versions that are more than two annual release versions older than the current release.
5.Term. The term of this Agreement shall be one year from the date stated in the initial paragraph and shall be automatically annually renewed for another year upon payment of the invoice. Payment for the year is due in advance the day the services begin. Non‐payment of the support invoice within 60 days as described in Section 6 shall be cause for terminating or suspending the Agreement at the discretion of SRS. Any requested changes to the Agreement for a new term must be received by the end of the previous term. This includes any changes to the list of products covered.
6.Limitations. SRS agrees to provide support only for public safety application software provided by SRS. Other software used by Licensee (word processing, spreadsheet, etc.) is not included in this Agreement. PC and network operating system software and Microsoft SQL Server database system software is similarly not included, although SRS may assist Licensee in isolating problems to this software. Also specifically excluded is responsibility for administration, support, or maintenance of your server, computer network, operating systems, or database (Microsoft SQL Server).
Licensee may request that SRS provide support services outside the limitations of this Support Services Agreement. If SRS agrees to provide any requested additional support services, which SRS may do or decline to do in its sole discretion, such support services will be provided at SRS’s then‐current hourly labor rate and on such other terms and conditions as SRS may require.
This Agreement does not include equipment maintenance or assistance in diagnosing hardware problems including but not limited to PCs, printers, network, scanners and other computer peripheral devices with the exception that SRS will assist Licensee in determining whether a problem is RIMS application software in nature.
Additionally, this Agreement does not include updates or reloading of the street file or regeneration of maps from updated data sources which may become available to the Licensee.
If desired, Licensee may retain SRS to perform updates of this files at additional cost to be determined on a per case basis.
Attachment 1A
12.C-27Council Agenda 6-7-2022
Packet Page 226