Agenda packet — Pismo Beach City Council, September 6, 2022

Page 1 of 6 ends

AGENDA
Pismo Beach City Council
Tuesday, September 6, 2022

Time Meeting Type Physical Location Virtual Participation Option 5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual participation is offered via Zoom.
2 Broadcast meeting also available, for viewing only, on cable Channel 20 and online at pismobeach.org/agenda.

0. HYBRID MEETING INSTRUCTIONS:

To continue conducting the people’s business within San Luis Obispo County, State of California, and CDC health and safety guidelines, meetings are being conducted in a hybrid format with both in-person and virtual public participation. Ways to watch this meeting and submit public comment are provided below.

Watch and participate in person:
• Regular Meeting: Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. • To make Regular Meeting public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest.

Watch and participate via Zoom:
• Regular Meeting: Click this link on any computer or mobile device: https://us02web.zoom.us/j/84823715585 .

This URL may also be typed into a web browser.
• To make Regular Meeting public comment, press the “raise your hand” button when the comment period for your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.

Listen and participate via telephone:
• Regular Meeting: Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.
• To make Regular Meeting public comment, press *9 to “raise your hand” when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.

Watch online:
• Regular Meeting: Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream. A recording of the meeting will be available on demand shortly after the meeting ends.

Watch on Channel 20:
• Regular Meeting: Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live. Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.

Submit written comment:
• Regular Meeting: In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the Regular Meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails submitted after the start of the meeting may not be fully considered prior to any action taken on the item.

Submit voicemail comment:
• Regular Meeting: Call 805-773-7005 and leave a voicemail before the meeting. Voicemails submitted after the start of the meeting may not be fully considered prior to any action taken on the item. This automated voicemail line will not be answered or monitored for other purposes.

Please note:
• Meetings may begin a few minutes after the scheduled start time. • Meetings will be recorded, except closed sessions; these recordings are public record. • Phone numbers of call-in participants may be visible to other meeting participants, or in meeting recordings. • Phone numbers of voicemail commenters may be visible in the public record along with transcripts.

Please contact City Clerk Erica Inderlied at [email protected] with questions.

Council Agenda 9-6-2022

Pismo Beach City Council Agenda September 6, 2022

Page 2 of 6 ends

Regular Meeting—5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449

CALL TO ORDER: Mayor Waage

1. ROLL CALL:

Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Blake, Guthrie, Newton

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS

None.

5. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item NOT appearing on the agenda. For items appearing on the agenda, including the Consent Calendar, the public will be invited to make comments during Council consideration of the item. In accordance with state law, matters raised as part of this comment period cannot be discussed or acted upon by the City Council at this time.

However, in response to a matter raised as part of this comment period, the Council may, during Item 13, City Council Comments and Requests, direct staff to assist a speaker, or schedule the matter for consideration on a future agenda.

Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
• Unduly disruptive behavior will not be permitted.

Documents submitted to the Council become public record unless otherwise exempt from disclosure.

6. CITY MANAGER’S REPORT

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT

8. COUNCIL COMMITTEE REPORTS

1. Air Pollution Control District, SLO County (Waage/Newton)

2. California Coastal Coalition Board (Reiss/Blake)

3. California Joint Powers Insurance Authority Board (Reiss)

4. Central Coast Community Energy Policy Board (Mayor)

5. Chapman Estate Foundation Liaison (Reiss)

6. Coastal Cities Group, League of CA Cities (Waage)

7. CAPSLO Board of Directors (Reiss)

8. Conference and Visitors Bureau Board Liaison (Newton)

9. Friends of Price House Liaison (Waage)

10. Hazard Mitigation & Fire Safety (Blake/Waage)

11. Homeless Services Oversight Council (Guthrie)

12. Integrated W aste Management Authority (Newton)

13. Mobile Home Rent Stabilization Subcommittee (Blake/Waage)

14. REACH (formerly EVC) (Blake)

15. Regional Transit Authority, SLO (Waage/Reiss)

16. Shell Beach Improvement Group Liaison (Newton/Reiss)

17. SLOCOG (Waage/Reiss)

18. South County Chambers of Commerce Gov’t Affairs (Blake)

19. Visit SLO CAL Advisory Committee (Newton)

20. Water Resources Advisory Committee, SLO (Guthrie)

21. Zone 3 Water Advisory Committee, SLO (Guthrie)
(Govt Code Section 53232.3)

Council Agenda 9-6-2022

Pismo Beach City Council Agenda September 6, 2022

Page 3 of 6 ends

9. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration. Public comment on Consent Calendar items will be invited prior to action on the Calendar.

Item 9.A: Adoption of Meeting Minutes (Inderlied)

Recommendation:

Adopt Minutes of the August 16, 2022 Special and Regular Meeting.

Item 9.B: Payroll Register and Register of Demands (Feeser)

Recommendation:

1. Approve the Summary of Payroll Register for August 14, 2022 and August 28, 2022;

2. Approve the Register of Demands for August 5, 2022 and August 12, 2022.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash And Investments For June 2022 of FY 2021-2022 (Feeser)

Recommendation:

No action required; information only.

Item 9.D: Quarterly Investment Report for the Three Months of April through June 2022—The Fourth Quarter of FY 2022 (Feeser)

Recommendation:

No action required; information only.

Item 9.E: Fiscal Year 2022 Fourth Quarter Financial Status Report (Feeser)

Recommendation:

Receive as information only. No actions are requested or recommended.

Item 9.F: Notice of Completion for the Shell Beach Water Reservoir #1 Replacement Project (Fine)

Recommendation:

Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the Shell Beach Water Reservoir #1 Replacement Project.

Item 9.G: Agreement With Urban Planning Concepts, Inc. for In-House Planning Services (Downing)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute an agreement for an amount not to exceed $126,000 with Urban Planning Concepts, Inc. for professional in-house planning services.

Council Agenda 9-6-2022

Pismo Beach City Council Agenda September 6, 2022

Page 4 of 6 ends

Item 9.H: Award of Contract to WIP, Inc. for the Installation of Automated Audio- Visual Production Equipment in the Council Chamber (Garcia)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute an agreement with PBR Enterprises, Inc., DBA WIP, for the installation of Automated Council Chamber Audio-Visual Production Equipment in the amount of $127,245.47 in Fiscal Year 2023, and making related budget adjustments.

Item 9.I: Agreements with Landscape Structures, Inc. for Design and Purchase of Playground Equipment and with Callander Associates Landscape Architecture, Inc. for Preparation of Construction Documents for the Palisades and Chumash Parks Playground Project (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to:

1. Enter into a Professional Services Agreement with Landscape Structures, Inc. in the amount of $326,841.99 for design, purchase and delivery of playground equipment for the Palisades and Chumash Parks Playground Project;

2. Enter into a Professional Services Agreement with Callander Associates Landscape Architecture, Inc. (Callander Associates) in the amount of $109,342 for preparation of construction documents for the Palisades and Chumash Parks Playground Project; and
Authorizing staff to advertise for bids for the removal of the existing equipment and installation of the new equipment at Palisades and Chumash Parks; and appropriating related budget adjustments in fiscal year (FY) 2023.

Item 9.J: Adoption of Findings Relating To AB 361 (Virtual Meetings) (Inderlied)

Recommendation:

Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:

1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.

2. The following circumstances exist:
• The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.

10. ITEMS PULLED FROM CONSENT CALENDAR

11. PUBLIC HEARINGS No earlier than 6:00 p.m.

None.

Council Agenda 9-6-2022

Pismo Beach City Council Agenda September 6, 2022

Page 5 of 6 ends

12. BUSINESS ITEMS May be reordered and heard prior to Public Hearings

Item 12.A: Quarterly Update and Direction to Staff for the Public Safety Facility Design-Build Project (Garcia)

Recommendation:

Receive a quarterly update and provide staff direction for the Public Safety Facility Project.

Item 12.B: Agreement with Rubio Medina, Architect for Architectural Design Services for the Pismo Beach Police Annex Building (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Rubio Medina, Architect in the amount of $161,067 for architectural design services for the Pismo Beach Police Annex Building project.

13. CITY COUNCIL COMMENTS AND REQUESTS

14. ADJOURNMENT

To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid in-person / virtual format unless otherwise noted:

Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, September 20, 2022 Council Chamber, City Hall Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).

AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the September 6, 2022 meeting(s) of the Pismo Beach City Council was posted on September 1, 2022, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.

Erica Inderlied, City Clerk

Meeting Schedule: The City Council of Pismo Beach regularly meets on the first and third Tuesdays of each month at 5:30 p.m., unless otherwise noticed. Closed and Special sessions will be duly noticed as needed.

Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at pismobeach.org/agenda and upon request from the City Clerk’s Office, typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed Sessions and other Special meetings are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.

Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at Council Agenda 9-6-2022

Pismo Beach City Council Agenda September 6, 2022

Page 6 of 6 ends

[email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.

Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.

Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003.

Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk’s Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-

35.104 ADA Title II).

Council Agenda 9-6-2022

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.A
` SUBJECT/TITLE:

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

Adopt Minutes of the August 16, 2022 Special and Regular Meeting.

BACKGROUND:

Attached for the Council’s consideration are the draft minutes of the subject meetings for review and adoption.

FISCAL IMPACT:

There is no fiscal impact associated with the preparation or adoption of meeting minutes.

ALTERNATIVES:

1. Adopt the minutes with revisions.

2.Decline to adopt the minutes; provide direction or request additional information.

ATTACHMENTS:

1. Draft Minutes from August 16, 2022
Submitted by: Erica Inderlied, City Clerk Meeting Date: September 6, 2022 City Manager Approval:

Council Agenda 9-6-2022 9.A-1

DRAFT MINUTES
Pismo Beach City Council
Tuesday, August 16, 2022
Special Meeting—4:00 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 The City Council of the City of Pismo Beach met this date in a special session with Mayor Waage presiding.

CALL TO ORDER: Mayor Waage called the meeting to order at 4:00 p.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Scott Newton
Staff Present:

Nadia Feeser, Administrative Services Director
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
James R. Lewis, City Manager

2. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

3. AGENDA ITEMS
Item 3.A: Fiscal Year (FY) 2023 Outside Requests for City Donations (Feeser) Recommendation: Adopt a Resolution approving and appropriating contributions to outside agencies for FY 2023.

Presenting staff:

Nadia Feeser, Administrative Services Director
Gordon Jackson, Director of Tourism and Events
James R. Lewis, City Manager
Council Agenda 9-6-2022 9.A-2
Attachment 1

Call for public comment:

The following commented:

Judy Jimenez, Assistance League of SLO County
Chuck Davison, Visit SLO Cal
Andy McKay, Surfing for Hope
Rhonda Cardinal, Basin Street Regulars
Jack Lahey, CAPSLO
Tito Ponce, Peoples’ Self-Help Housing
Jeanette Vierra, Pismo Beach Chamber of Commerce
Tom Speidel, SLO County YMCA
Riley Smith, United Way
Action: Adopt a Resolution approving and appropriating contributions to outside agencies for FY 2023, in the following amounts:

Agency Amount Fund
5Cities Homeless Coalition 25,000 General Fund
American Red Cross 3,500 General Fund
Assistance League of SLO County 3,200 General Fund
Association of Amputee Surfers 4,000 General Fund
CAPSLO Home Repair Program 4,500 Housing In-Lieu
CAPSLO 40 Prado Homeless Svcs 5,000 General Fund
CAP-SLO Health and Prevention 5,000 General Fund
ECO-SLO County Coastal Cleanup 5,000 General Fund
Five Cities Meals on Wheels 10,000 General Fund
NOOR Foundation 15,000 General Fund
Peoples’ Self-Help Housing 0 Housing In-Lieu
Pismo Beach Chamber of Commerce 5,000 General Fund
Shower the People of SLO 7,500 General Fund
SLO County Housing Trust Fund 3,000 Housing In-Lieu
SLO County YMCA 3,500 General Fund
SLO SCORE 2,000 General Fund
United Way SLO County 211 Hotline 7,500 General Fund
Basin Street Regulars/Jubilee by the Sea 10,000 LBID
San Luis Obispo Int'l Film Festival 5,000 LBID
Pismo Beach Chamber of Commerce 15,000 LBID
SLO Coast Wine Collective 0 LBID
Surfing for Hope (SLO CAL Open) 20,000 LBID
Motion: Reiss
Second: Newton
Council Agenda 9-6-2022 9.A-3
Attachment 1

Vote: The motion passed on the following vote:

Ayes: 5 Reiss, Newton, Blake, Guthrie, Waage
Noes: 0

Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-071 adopted.

4. CITY COUNCIL COMMENTS AND REQUESTS
None.

5. ADJOURNMENT
At 5:05 p.m., to the 5:30 p.m. Regular Meeting.

Council Agenda 9-6-2022 9.A-4
Attachment 1

Regular Meeting—5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 The City Council of the City of Pismo Beach met this date in a regular session with Mayor Waage presiding.

CALL TO ORDER: 5:30 p.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Scott Newton
Staff Present:

Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer (via teleconference) David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
James R. Lewis, City Manager
Chris Trimble, Police Commander
Other staff present as noted below

2. PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance.

3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.

4. PRESENTATIONS
None.

Council Agenda 9-6-2022 9.A-5
Attachment 1

5. PUBLIC COMMENT PERIOD
Call for public comment:

Rob Lewin, American Red Cross, commented.

6. CITY MANAGER’S REPORT
City Manager Lewis commented on various topics.

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman had nothing to report.

8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:

Council Member Newton:

San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.

Mayor Waage:

League of California Cities Coastal Cities Group, Sea Level Rise Working Group.

San Luis Obispo County Community Fire Safe Council.

San Luis Obispo Local Agency Formation Commission (SLO LAFCO).

9. CONSENT CALENDAR
Call for public comment: No comment.

Council Member Blake requested that Item 9.G: Rescission of Resolution R-2020-094 and Setting of Debarment Hearing for V. Lopez Jr. & Sons General Engineering Contractors, be pulled for discussion.

Action: Adopt Consent Calendar.

Motion: Reiss
Second: Guthrie
Vote: The motion passed on the following vote (Items 9.A through 9.F; 9.H):

Ayes: 5 Reiss, Guthrie, Blake, Newton, Waage
Noes: 0

Absent: 0
Abstain: 0
Recused: 0
Council Agenda 9-6-2022 9.A-6
Attachment 1

Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:

1. Adopt Minutes of the February 8, 2022 Special Advisory Body Interviews;

2. Adopt Minutes of the May 20, 2022 Special Closed Session;

3. Adopt Minutes of the August 2, 2022 Closed and Regular Meeting.

Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:

1. Approve the Summary of Payroll Register for July 31, 2022;

2. Approve the Register of Demands for July 8, 2022, July 15, 2022, July 22, 2022, and July 29, 2022.

Item 9.C: Department Activity Reports for July 2022 (All) Recommendation:

Receive reports as information only.

Item 9.D: Update on March 16, 2020 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:

No action required; information only.

Item 9.E: Appointment of Voting Delegates for the 2022 League of California Cities Annual Conference (Inderlied)
Recommendation:

Adopt a Resolution designating voting delegates for the 2022 League of California Cities Annual Conference.

Legislative Record: Resolution R-2022-072 adopted.

Item 9.F: Amendment #2 to the Agreement with Hunter Smith Architecture for Construction Administration Services for the Corporation Yard Maintenance Building Remodel & Addition, City Hall 1st Floor Safety Enhancement and Employee Lounge Tenant Improvements Project (Fine)
Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #2 to the existing Professional Services Agreement with Hunter Smith Architecture for Construction Administration Services in the amount of $39,170 for the Corporation Yard Maintenance Council Agenda 9-6-2022 9.A-7
Attachment 1

Building Remodel & Addition, City Hall 1st Floor Safety Enhancement and Employee Lounge Tenant Improvements Project.

Legislative Record: Resolution R-2022-073 adopted.

Item 9.G: Rescission of Resolution R-2020-094 and Setting of Debarment Hearing for V. Lopez Jr. & Sons General Engineering
Contractors (Fleishman)
Pulled from the Consent Calendar for discussion.

Item 9.H: Adoption of Findings Relating to AB 361 (Virtual Meetings) (Inderlied)
Recommendation:

Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:

1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.

2. The following circumstances exist:
State or local officials continue to impose or recommend measures to promote social distancing.

10. ITEMS PULLED FROM CONSENT
Item 9.G: Rescission of Resolution R-2020-094 and Setting of Debarment Hearing for V. Lopez Jr. & Sons General Engineering Contractors (Fleishman)
Recommendation: Adopt a Resolution rescinding R-2020-094 and setting a hearing for December 20, 2022 to consider declaring V. Lopez Jr. & Sons General Engineering Contractors, Inc. a non-responsible bidder, in the event the parties are unable to resolve the matter before that date.

Presenting staff:

David Fleishman, City Attorney
James R. Lewis, City Manager
Call for public comment: No comment.

Council Agenda 9-6-2022 9.A-8
Attachment 1

Action: Adopt a Resolution rescinding R-2020-094 and setting a hearing for December 20, 2022 to consider declaring V. Lopez Jr. & Sons General Engineering Contractors, Inc. a non-responsible bidder, in the event the parties are unable to resolve the matter before that date, with the following revision:

1. Insert the words “effective June 24, 2022” into the action clause rescinding Resolution R-2020-094.

Motion: Waage
Second: Blake
Vote: The motion passed on the following vote:

Ayes: 5 Waage, Blake, Guthrie, Newton, Reiss
Noes: 0

Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-074 adopted.

11. PUBLIC HEARINGS
None.

12. BUSINESS ITEMS
Item 12.A: Budget Adjustments for Fiscal Years 2022 and 2023 (Feeser) Recommendation: Adopt a Resolution approving and appropriating budget adjustments for Fiscal Years 2022 and 2023.

Presenting staff:

Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Chris Trimble, Police Commander
Call for public comment: No comment.

Action: Adopt a Resolution approving and appropriating budget adjustments for Fiscal Years 2022 and 2023.

Motion: Newton
Second: Guthrie
Council Agenda 9-6-2022 9.A-9
Attachment 1

Vote: The motion passed on the following vote:

Ayes: 5 Newton, Guthrie, Blake, Reiss, Waage
Noes: 0

Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-075 adopted.

Action: Consensus among a majority of the Council to direct staff to return with an agenda item allowing the Council to consider the use of “Next-Level Service” funds in FY 2023 for additional maintenance work, such as weed removal and trash pickup, to be performed as a staff service rather than by a contractor.

Item 12.B: Direction on Palisades and Chumash Parks Playground Project (Fine) Recommendation: Provide staff with direction on how to proceed with the Palisades and Chumash Parks Playground projects.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment: No comment.

Action: Consensus in support of providing the following direction to staff:

1. Proceed with “Option B” (replace all play equipment) for Chumash Park, as outlined in staff’s report.

2. Proceed with “Option B” (new equipment at a location approximately midway between the parking lot and the existing play equipment) for Palisades Park, as outlined in staff’s report, to be constructed at the lowest possible grade.

3. If possible within the existing project budget, include paving the parking lot at Chumash Park as part of the 2022 Paving Project.

In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0

Absent:0
Abstain:0
Recused: 0
Council Agenda 9-6-2022 9.A-10
Attachment 1

13. CITY COUNCIL COMMENTS AND REQUESTS
Consensus among a majority of the Council to direct staff to return with information as part of the next water supply update report analyzing the fiscal impacts of offering a higher per-square-foot rebate for the “Cash 4 Grass” water conservation program, in an effort to further incentivize the program.

Consensus among a majority of the Council to direct staff to return with the next Public Safety Facility update and direction agenda item at the September 6, 2022 meeting.

Consensus among a majority of the Council to direct staff to coordinate a reception for the California Coastal Commission during the week of its next meeting, to be held in Pismo Beach.

14. ADJOURNMENT
At 7:09 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 9-6-2022 9.A-11
Attachment 1

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.B
SUBJECT/TITLE:

PAYROLL REGISTER AND REGISTER OF DEMANDS
RECOMMENDATION:

1. Approve the Summary of Payroll Register for August 14, 2022 and August 28, 2022;

2. Approve the Register of Demands for August 5, 2022 and August 12, 2022.

BACKGROUND:

Attached are the Summary of Payroll Register(s) and Register(s) of Demands (Check Registers) noted above, provided for Council approval.

FISCAL IMPACT:

As demonstrated in the attached payroll and check registers.

ALTERNATIVES:

1.Request additional information from staff.

ATTACHMENTS:

1.Payroll Summary

2.Register of Demands
Submitted by: Meeting Date: September 6, 2022
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

9.B-1Council Agenda 9-6-2022

FOR PERIOD ENDING 08/14/22
CHECKS DATED 08/19/22
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 7
ACH 129

EARNINGS
REGULAR 352,992.16
HOLIDAY 4,478.84
OVERTIME (Includes Comp Time Payouts)21,083.83
Administration 176.21
Building ‐
Conference & Visitors Bureau ‐
Police Department 14,095.17
Parking ‐
Engineering ‐
Fire ‐
Recreation ‐
Public Works 3,427.26
Water 1,393.61
Wastewater 1,991.58
Motor Vehicles ‐
Subtotal‐Overtime 21,083.83$
SALARY ADJUSTMENTS 136.65
TRAINING / UNIFORM ALLOWANCE 102.00
OTHER EARNINGS 14,378.52
$393,172.00
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 38,711.75
FICA & MEDICARE 29,934.53
STATE INCOME TAX 13,926.35
STATE DISABILITY INSURANCE 4,136.02
GARNISHMENTS 0.00
HEALTH 1,627.11
SUPPLEMENTAL DISABILITY 1,501.58
SECTION 125 2,302.31
PERS 30,875.60
DEFERRED COMPENSATION 9,168.09
ADDITIONAL LIFE INSURANCE 296.17
UNION DUES 2,378.36
PISMO ATHLETIC CLUB 262.50
OTHER
NET PAYROLL $258,051.63
DIRECT DEPOSIT DEDUCTION 252,907.96
NET PAYROLL AFTER ACH DEPOSIT 5,143.67
SUMMARY PAYROLL REGISTER

9.B-2Council Agenda 9-6-2022
Attachment 1

FOR PERIOD ENDING 08/28/22
CHECKS DATED 09/02/22

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 5
ACH 130

EARNINGS
REGULAR 359,964.61
HOLIDAY 4,235.90
OVERTIME (Includes Comp Time Payouts)20,518.69
Administration 140.97
Building -
Conference & Visitors Bureau -
Police Department 15,997.61
Parking -
Engineering -
Fire -
Recreation -
Public Works 1,620.30
Water 1,730.89
Wastewater 1,028.92
Motor Vehicles -
Subtotal-Overtime 20,518.69$
SALARY ADJUSTMENTS 883.12
TRAINING / UNIFORM ALLOWANCE 1,311.00
OTHER EARNINGS 16,239.56 $403,152.88

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 40,841.79
FICA & MEDICARE 30,223.43
STATE INCOME TAX 14,649.02
STATE DISABILITY INSURANCE 4,154.29
GARNISHMENTS 461.53
HEALTH 1,662.86
SUPPLEMENTAL DISABILITY 1,501.58
SECTION 125 2,302.31
PERS 32,686.29
DEFERRED COMPENSATION 9,399.04
ADDITIONAL LIFE INSURANCE 296.17
UNION DUES 2,397.53
PISMO ATHLETIC CLUB 217.50
OTHER
NET PAYROLL $262,359.54
DIRECT DEPOSIT DEDUCTION 259,596.55
NET PAYROLL AFTER ACH DEPOSIT 2,762.99

SUMMARY PAYROLL REGISTER

9.B-3Council Agenda 9-6-2022
Attachment 1

City of Pismo Beach
Final Disbursement List Check Date 08/05/22

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 08/05/2022 110,479.48$ Federal Income Tax PD 08/05/22 ACH 11305 Public Employees Retirement System 08/05/2022 69,921.76 PERS Retirement EE & ER PD 08/05/22 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 08/05/2022 22,326.80 ICMA Deferred Comp PD 08/05/22 ACH 12305 Franchise Tax Board 08/05/2022 20,666.60 SDI & State Income Tax PD 08/05/22 ACH 12360 CalPERS 457 Plan 08/05/2022 291.67 PERS 457 Deferred Comp ER PD 08/05/22 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IR 08/05/2022 360.00 ICMA Roth IRA PD 08/05/22 123166 12459 Ahern Rentals Inc 08/05/2022 2,852.76 July 4 Beach Clean-up Loader Rental 123167 11195 Air Pollution Control District-SLO County 08/05/2022 902.00 Fuel Tank Permit Renewal # 2185-1 123168 12275 Airgas West Inc 08/05/2022 204.26 Cylinder Rental July 2022 123169 10341 Alliant Insurance Services Inc-NPB Main 08/05/2022 2,218.00 Facility Insurance for Events April - June 2022 123170 11365 American Legal Publishing Corporation 08/05/2022 600.77 Ordinance Codification 123171 14215 Dino Navin Anciaux 08/05/2022 38.00 Reimbursement: CWEA Compliance Inspector Training Cert 123172 11382 Applied Technology Group, Inc. 08/05/2022 267.44 SCADA Radio Accessories 123173 12623 AT&T 9391012188 08/05/2022 5,814.16 Phone Bill 03/10/22 - 04/09/22 123174 12438 Avila Bay Athletic Club & Spa 08/05/2022 3,162.40 Avila Bay Athletic Club Camp 7/18-7/22/22 #10903 123175 14119 Boone Printing & Graphics, Inc. 08/05/2022 64.00 Code Enforcement Business Cards 123176 10028 Brisco Mill & Lumber Yard 08/05/2022 37.56 Supplies - Rec 123177 10074 Burdine Printing 08/05/2022 2,544.83 CCR Mailing 123178 10285 California Building Officials 08/05/2022 1,940.00 CALBO Education Week Registrations - I. Livingston, S. Reinwald, S. Wilson, M. Denning 123179 13028 Jose Camacho 08/05/2022 108.00 M&IE: PAPA Test Prep Course - Lakewood 8/2-8/3/22 123180 10085 Cannon Associates 08/05/2022 96,147.56 Ocean Blvd Construction Mgmt - June 2022 123181 10269 Carquest Auto Parts 08/05/2022 170.22 Vehicle Maintenance 123182 10798 Diana Carter 08/05/2022 792.00 Creative Kids Theater Camp 7/25-7/28/22 #10888 123183 10799 Lindsay Carter Coates 08/05/2022 648.00 Yoga w/Lindsay Yoga July 2022 #10953 123184 11502 USE VENDOR 11501 Central Coast Fence, Inc. 08/05/2022 1,248.54 Gate Repairs - PD 123185 11169 Coast Riders Powersport Sales 08/05/2022 243.40 PDHM1 Service & Repairs 123186 14146 Pamela Ann Coslick 08/05/2022 88.00 Tae Kwon Do 7/6/22 - 7/27/22 #10967 123187 11986 Culligan/Central Coast Water 08/05/2022 311.00 Car Wash Filtration 7/25/22 123188 14391 Jamie Dietze 08/05/2022 1,605.12 Art with Jamie 7/25-7/29/22 #10885 123189 10828 Disability Access Consultants 08/05/2022 2,000.00 DACTrak Subscription June 2022-May 2023 123190 11222 Drive Customs 08/05/2022 2,005.00 PD 163 Equipment Removal, & Gun Locks for Patrol Vehicles PD201- 211- 212- 213- 214 123191 13697 Dudek 08/05/2022 1,780.00 GP LCP Prof. Svcs. - 05/28/22-06/24/22 123192 10251 Duperon Corporation 08/05/2022 1,889.71 WWTP Equipment Repairs & Maintenance 123193 10746 Electricraft Inc. 08/05/2022 202.09 Data Line Repair Service Call 4/22/22 123194 11059 Emergency Vehicle Group Inc 08/05/2022 692.41 FDE64 Maintenance 123195 11868 FGL Environmental 08/05/2022 150.00 Organic Analysis 6/24/22 123196 UB*00921 GERALD FITZER (T) 08/05/2022 10.69 Refund Check 008481-000, 117 PALOMAR #C 123197 10732 Granite Construction Company 08/05/2022 562,959.41 Ocean Blvd Improvements June 2022 123198 12168 Gregory Dean Gallegos 08/05/2022 748.00 Weed Abatement 7/11/22 & 7/15/22 123199 12952 GSI Water Solutions Inc 08/05/2022 221.60 NCMA Annual Report - June 2022 123200 14246 Hunter Smith Architecture 08/05/2022 1,462.50 Chapman Estate - June 2022 123201 10970 International Code Council 08/05/2022 412.52 2022 CA Building Code Books 123202 12525 JJ Fisher Construction 08/05/2022 21,514.00 Concrete Pad for Bello Bridge Public Art 123203 10760 Johnboy's Towing 08/05/2022 100.00 PD212 Tow 123204 13736 Justin Jackson's Plumbing Services, Inc 08/05/2022 2,056.00 Gas Leak Repairs PBVH 123205 14400 Anna Kim 08/05/2022 13.12 Refund: Partial Processing Fee - Withdrew from Class #10924 123206 14260 Vaughn Koligian 08/05/2022 24,194.48 2nd Partial Bond Release/Overpayment of fees for 140 Addie St. 123207 12019 James Lewis 08/05/2022 1,123.20 Reimbursement: Airfare 2022 ICMA Conf 9/16-9/21/22 123208 UB*00919 KELLY MACDONALD (T) 08/05/2022 60.46 Refund Check 009540-000, 107 IRISH 123209 13361 Marborg Industries Santa Barbara 08/05/2022 311.81 Lifeguard Porta Potties - 06/27/22 - 07/24/22 123210 13645 MDN Engineering, LLP 08/05/2022 3,800.00 Design/CM for Bello Public Art June 2022 123211 10097 Miners Hardware 08/05/2022 823.20 Maintenance Supplies 123212 13964 MNS Engineers, Inc. 08/05/2022 4,239.00 Bello Bridge CM - June 2022 123213 UB*00920 DARRIN MOLOZNIK 08/05/2022 129.35 Refund Check 018735-000, 137 CUYAMA 123214 11780 Moondoggies Beach Club, Inc. 08/05/2022 5,627.20 Surf Camp 7/26/22 - 7/28/22 PM #10925 123215 11172 Mullahey Ford 08/05/2022 1,186.77 Vehicle Maintenance 123216 13756 National Ground Water Assoc Inc. 08/05/2022 120.00 NGWA Annual Membership - B Fine 123217 10039 New Times 08/05/2022 212.00 Legal Notice Advertising 123218 14343 ODP Business Solutions, LLC 08/05/2022 901.42 Office Supplies 123219 10697 Parker Graphic Design 08/05/2022 300.00 Design/Printing Services 123220 11202 Pavement Engineering, Inc. 08/05/2022 2,325.00 Paving Project ESDC - June 2022 123221 12070 Michelle Pearson 08/05/2022 192.24 Reimb: Hotel - AFSS Quarterly Mtg 6/22-6/23/22 123222 11337 Perry's Electric Motor & Controls, Inc. 08/05/2022 285.00 Pump Motor Repairs 123223 13149 Pismo Beach Lifeguard Association 08/05/2022 5.00 Lifeguard Dues PD 08/05/22 123224 12022 Pismo Beach Police Officer's Association 08/05/2022 1,477.27 POA Dues PD 08/05/22 123225 12335 Procare Janitorial Supply Inc 08/05/2022 2,562.54 Janitorial Supplies 123226 10817 PRP Co Dba PRP Companies 08/05/2022 124.22 Evidence Envelopes (500) 123227 13800 R.A. Batchelor Co. 08/05/2022 1,750.00 Annual Crane Inspections PK-944 PW-181- ST-051- WT-171 & WW-122 123228 12348 Rayne Water Conditioning 08/05/2022 146.85 Soft Water - Station 63 Aug 2022 Station 64 July/Aug 2022 123229 11849 Tom Reilly 08/05/2022 1,399.68 Ocean Adventure Camp 7/26-7/28 #10894 123230 14162 Rock and Roll Diner of Oceano, Inc 08/05/2022 1,209.66 4th of July Meals for PD Staff 123231 14390 Ricardo Romero 08/05/2022 250.00 Refund: DCP Deposit Event Date 6/10/22 123232 11266 San Luis Auto Parts Inc 08/05/2022 767.08 Vehicle Maintenance Supplies 123233 14076 SCL-North 08/05/2022 49,129.32 Water Bottle Filling Stations and Drinking Fountains 123234 11208 SEIU Local 620 AFL/CIO 08/05/2022 914.32 SEIU Dues PD 08/05/22 123235 13913 Silva's Oil Co., Inc 08/05/2022 10,805.94 Diesel & Unleaded Fuel Deliveries 7/19/22 123236 12570 SLO Roasted Coffee 08/05/2022 37.00 Coffee Supplies 123237 12031 Stanley Convergent Security Solutions 08/05/2022 32.80 Monthly Security/Fire Monitoring -1243 Ocean Aug 2022 123238 UB*00922 DR. MARK STEED (T) 08/05/2022 119.87 Refund Check 007834-000, 567 FIVE CITIES 123239 14404 Sterling Higgins Construction 08/05/2022 2,500.00 Release Bond for Encroachment Permit: 832 Dugan 123240 11323 Streator Pipe & Supply 08/05/2022 33.88 Hinds Restroom Repair Supplies 123241 14293 Sean Sullivan 08/05/2022 2,340.00 Drum Perks Camp 8/1/22 - 8/5/22 #10889 123242 13442 Thorn Run Partners 08/05/2022 4,000.00 Federal Lobbying Services July 2022

9.B-4Council Agenda 9-6-2022
Attachment 2

City of Pismo Beach
Final Disbursement List Check Date 08/05/22

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
123243 12228 Turf Star, Inc. 08/05/2022 140.88 Torro 7210 Mower Repairs 123244 12982 Ultrex Business Products 08/05/2022 97.58 PD Fax Machine Usage May 2022 123245 12900 Underground Service Alert of Northern CA & NV 08/05/2022 2,126.11 CA State Fee: 1361 Unique Billable Tickets 123246 13392 Urban Planning Concepts 08/05/2022 4,495.50 GP/LCP Prof Planning Svcs - June 2022 123247 12622 USA Bluebook Acct: 82507 08/05/2022 554.94 Lab Supplies 123248 12132 White Flag Pest Control Inc 08/05/2022 270.00 Pest Control Services 123249 11997 Whittle Fire Protection 08/05/2022 445.00 Semi Annual Inspection for PBVH Kitchen Fire System 123250 12686 Mark Wilson 08/05/2022 108.00 M&IE: PAPA Test Prep Course - Lakewood 8/2-8/3/22 Total 1,077,945.95

9.B-5Council Agenda 9-6-2022
Attachment 2

City of Pismo Beach
Final Disbursement List Check Date 08/12/2022

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 11224 Richards, Watson, Gershon Attorneys At Law 08/12/2022 5,500.00$ Legal Services June 2022 ACH 12636 CALPERS 08/12/2022 2,800.00 FY 22/23 GASB-68 ACH 13455 Wex 08/12/2022 939.79 Fuel for City Vehicles 6/7/22 - 7/7/22 123252 10434 Abalone Coast Analytical Inc 08/12/2022 224.00 Water Analysis 123253 13158 Advantage Technical Services, Inc 08/12/2022 6,208.00 Toucan Terrace Pipeline Recoating June 2022 123254 12437 All Clear Pool & Spa Repair 08/12/2022 180.00 Pool Maintenance Chapman Estate July 2022 123255 10630 Laurel J Allen 08/12/2022 864.00 Adult Beach Volleyball 7/6/22 - 8/16/22 #10911 123256 10341 Alliant Insurance Services Inc-NPB Main 08/12/2022 85.00 Facility Insurance for Events April - June 22 (additional) 123257 12433 Alpha Electrical Service Inc 08/12/2022 677.00 Addie Lift Station Hydro Ranger Controller Service Call 123258 11365 American Legal Publishing Corporation 08/12/2022 52.52 Ordinance Codification 123259 12623 AT&T 9391012188 08/12/2022 2,910.06 Phone Bill 4/10/22 - 5/09/22 123260 12623 AT&T 9391012188 08/12/2022 2,907.60 Phone Bill 5/10/22 - 6/09/22 123261 12623 AT&T 9391012188 08/12/2022 2,905.35 Phone Bill 6/10/22 - 7/09/22 123262 12805 Fred C. Atwood 08/12/2022 23.75 Senior Dance Band Member 08/08/22 123263 11589 Austin's Wet Pets and Pond Maintenance, Inc 08/12/2022 210.00 Pond Maintenance July 2022 - Chapman Estate 123264 12438 Avila Bay Athletic Club & Spa 08/12/2022 1,260.40 Avila Bay Club Camp 8/8/22 - 8/12/22 #10906 123265 11501 Backyard Improvement Center 08/12/2022 84.61 Yard Fence Vandal / Break in Repair at Corp Yard 123266 14229 Brendler Janitorial Service 08/12/2022 16,152.00 Janitorial Services - City Facilities July 2022 123267 12841 Robert Brenman 08/12/2022 23.75 Senior Dance Band Member 08/08/22 123268 10028 Brisco Mill & Lumber Yard 08/12/2022 197.27 Supplies ST111 Truck Tools 123269 11795 California Park & Recreation Society 08/12/2022 240.00 Membership Dues - C. Ghiglia & B. Pack FY 22/23 123270 14349 Callander Associates Landscape Architecture, Inc 08/12/2022 21,768.32 Ventana Tennis Courts Design June 2022 123271 10269 Carquest Auto Parts 08/12/2022 80.83 Vehicle Maintenance Supplies 123272 13951 Central Coast Portables 08/12/2022 484.05 Tennis Court Portable Toilets - 6/25/22-7/23/22 123273 11451 Channel Islands Technology Integrators' Group 08/12/2022 17,481.28 IT Professional Services 123274 UB*00916 PATRICIA CHAPMAN (T) 08/12/2022 226.54 UB refund adjustment - Acct# 008833-000 123275 13842 ClientFirst Consulting Group, LLC 08/12/2022 6,768.75 Technology Design Specs- Public Safety Facility & IT Strategic Plan June 2022 123276 11231 Coastal Peaks Coffee 08/12/2022 366.25 Coffee Supplies 123277 14092 Aaron Cribbs 08/12/2022 8,325.00 St. Jude's Tunnel Artwork - Final 123278 14142 Crosno Construction, Inc. 08/12/2022 9,795.54 Shell Beach Reservoir #1 Replacement Project June 2022 123279 11893 CRS West, Inc-SLO 08/12/2022 121.63 Large Printer Paper Rolls 123280 14313 Culligan/Santa Maria 08/12/2022 438.80 Drinking Water June 2022 123281 11585 D & H Water Systems Inc 08/12/2022 2,194.41 Collections Chemical Pump 123282 14217 Deltina Coffee Roasters 08/12/2022 62.50 Coffee Supplies 123283 14391 Jamie Dietze 08/12/2022 1,653.76 Art Camp W/Jamie 8/1/22 - 8/5/22 # 10886 123284 13283 Epic Entertainment DJS, Lighting & Photo BoothsLLC 08/12/2022 275.00 Clam Festival Parade DJ 10/15/22 123285 12904 FailSafe Testing, LLC 08/12/2022 613.55 Ladder Testing-Station 63/64 123286 11868 FGL Environmental 08/12/2022 687.00 Organic Analysis and Support Analysis 7/6/22 123287 13669 Frontal Security Services of California 08/12/2022 157.50 Security Guard Fee PBVH Event 7/31/22 123288 13486 Funflicks Central Coast 08/12/2022 1,600.00 Movie in the Park Equipment Rental 9/16/22 123289 10398 Liliana Graham 08/12/2022 273.60 Ballroom Dance Class July 2022 #10933 123290 11977 Dan Hall 08/12/2022 319.20 Yoga with Dan 7/11 - 7/28/22 # 10949 123291 13276 InfoSend, Inc. 08/12/2022 1,292.77 Data Processing-Printing-Mailing City's Utility Bills June 2022 123292 12255 Iron Mountain Information Mgmt, Inc 08/12/2022 224.28 Shredding Services - 06/22/22 - 07/26/22 123293 14294 Jones Mayer 08/12/2022 653.36 Professional Legal Fees 123294 14406 Janice Laredo 08/12/2022 381.00 Rent/Ins Refund: DCP Event 9/10/22 Cancelled 123295 10175 Life-Assist, Inc. 08/12/2022 502.45 Medical Supplies - Lifeguards 123296 10656 LN Curtis & Sons 08/12/2022 124.13 FD Equipment Supplies 123297 14409 John Malinowski 08/12/2022 152.00 Partial Refund - Class # 10886 Per C. Ghiglia 123298 10097 Miners Hardware 08/12/2022 1,524.64 Maintenance Supplies 123299 11780 Moondoggies Beach Club, Inc. 08/12/2022 1,646.40 Surf Camp 8/2/22 - 8/4/22 AM #10927 123300 13894 Leah Moss 08/12/2022 1,000.00 FY 22 Tuition Reimbursement for BA Program 123301 10753 Nick's Telecom 08/12/2022 5,117.58 Equipment Install & City Staff Training on Usage 123302 12199 Noble Saw, Inc 08/12/2022 57.43 Landscape Maintenance Equipment Repairs 123303 14343 ODP Business Solutions, LLC 08/12/2022 104.74 Office Supplies 123304 10241 Original Watermen, Inc. 08/12/2022 2,968.35 Junior Lifeguard & Instructor Uniforms 123305 12315 Pacific Gas & Electric Company 08/12/2022 532.43 Electricity 07/06/22 - 08/04/22 123306 12335 Procare Janitorial Supply Inc 08/12/2022 3,064.38 Janitorial Supplies 123307 13898 Quadient, Inc. 08/12/2022 1,000.00 Postage 06/29/22 123308 11849 Tom Reilly 08/12/2022 2,672.64 Ocean Adventure Camp 8/2/22 - 8/4/22 #10895 123309 13255 Rib Line 08/12/2022 4,097.16 July 4th Celebration Catering - Final Bal Due 123310 14283 Ritchie Photography 08/12/2022 323.25 Junior Lifeguard and Lifeguard Photos 123311 14408 Robertson Builders 08/12/2022 2,500.00 Release Encroachment Permit Bond - 350 Main 123312 14306 Gary Rossi 08/12/2022 23.75 Senior Dance Band Member 08/08/22 123313 13913 Silvas Oil Co., Inc 08/12/2022 8,679.50 Diesel & Unleaded Fuel Deliveries 8/4/22 123314 10093 SLO County Auditor-Controller 08/12/2022 10,700.00 Phoenix Parking Surcharges May 2022 123315 12257 South County Sanitary Service 08/12/2022 2,087.39 Disposal Service - July 4th on the Pier 2022 123316 12031 Stanley Convergent Security Solutions 08/12/2022 216.24 Security & Fire Monitoring -Pier Restrooms 8/1/22-10/31/22 123317 12806 Donald G. Stever 08/12/2022 23.75 Senior Dance Band Member 08/08/22 123318 13442 Thorn Run Partners 08/12/2022 4,000.00 Federal Lobbying Services June 2022 123319 12461 TJA Advertising 08/12/2022 90,950.35 CVB & LBID Advertising and Promotion Services June 2022 123320 10598 Trackdown Management Services 08/12/2022 100.00 1-year Subscription to City Manager Newsletter 123321 12982 Ultrex Business Products 08/12/2022 800.91 City-Wide Copier Usage July 2022 123322 10692 Ed Waage 08/12/2022 188.13 Mileage: Coastal Cities Workshop 8/11/22 - 8/12/22 123323 11997 Whittle Fire Protection 08/12/2022 500.00 NFPA Annual Fire Sprinkler Inspection 123324 14020 Daniel Barrett Wrage 08/12/2022 1,680.00 Beach Volleyball Camp 8/1/22 - 8/4/22 #10908

9.B-6Council Agenda 9-6-2022

City of Pismo Beach
Final Disbursement List Check Date 08/12/2022

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
Total 268,027.62

9.B-7Council Agenda 9-6-2022

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.C
SUBJECT/TITLE:

MONTHLY INVESTMENT TRANSACTION REPORT OF THE CITY’S CASH AND INVESTMENTS FOR JUNE 2022 OF FY 2021-2022
RECOMMENDATION:

No action required; information only.

EXECUTIVE SUMMARY:

This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending June 30, 2022. California State Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body.

The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
•Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of June 30, 2022. •Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. •Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending June 30, 2022.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ALTERNATIVES:

1.No Council action is proposed, other than to receive the information.

ATTACHMENTS:

1.Summary Table for ALL Funds, including Book Values and Earnings Data for Investments in Other Financial Instruments

2.For the General Fund Reserve and City Pooled Funds A—Transactions on Investments in Securities

3.For City Pooled Funds B—Summary of monthly transactions by fund Prepared by: Vanessa Garris, Finance Manager Meeting Date: September 6, 2022 Submitted by: Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

9.C-1Council Agenda 9-6-2022

City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned June
2022
Actual Year-to-
Date Interest
Earned Ending
6/30/2022 * Data Sources
General Fund Reserves US Bank CDs/GASs/Corp/
Muni Bonds

1.92% avg 7,328,013$ 9,480$ 118,661$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note

1.83% avg 28,298,269 26,682 325,817 1 Total All Securities 35,626,282$ 36,162$ 444,478$ City Pooled Funds - B US Bank Custody 0.00%-$ 73$ 239$ 1 City Pooled Funds - B Local Agency Invest.

Fund
State Investment
Pool

0.75%19,294,133 36,123 74,133 2 City Pooled Funds - B US Bank Checking 0.00%20,160,679 79 960 3 City Pooled Funds - B 39,454,812$ 36,275$ 75,332$ City Pooled Funds total A + B 67,753,081$ 62,957$ 401,149$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 52$ 52$ 55$ 4 Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
6 - 3 4 CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed by
CalPERS
4,313,918$ (642,781)$ (663,865)$ 5 TOTAL, Cash and Investments at June 30, 2022:79,395,070$ (570,292)$ (143,996)$ TOTAL for City Managed Portfolio, Cash and Investments:75,081,094$ 72,437$ 519,810$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly reconciled bank statement from US Bank
4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments

9.C-2Council Agenda 9-6-2022
Attachment 1

CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
June 30, 2022

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
06/15/22 Purchase Lafayette Federal Credit Union 245,000$ 06/22/22 Purchase Eaglemark Savings Bank 245,000
06/28/22 Purchase Third Federal Savings Bank 245,000
Total 735,000$

SALES, MATURITIES, CALLS OR WITHDRAWALS
06/13/22 Matured Marlin Business Bank 245,000$
06/21/22 Matured Numerica Credit Union 245,000
06/21/22 Matured Sallie Mae Bank 245,000
Total 735,000$
ACTIVITY TOTAL -$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 9,480$

POOLED INVESTMENTS
Interest Earned on Investments 26,682$
TOTAL INTEREST EARNED 36,162$
Data Source: Monthly Download of Transactions from US Bank

9.C-3Council Agenda 9-6-2022
Attachment 2

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:6/30/2022 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Checking US Bank 19,083,968$ 4,374,900$ (3,334,424)$ 36,235$ -$ 20,160,679$ LAIF LAIF 19,294,133 - - - - 19,294,133 Total all Bank Accounts 38,378,101$ 4,374,900$ (3,334,424)$ 36,235$ -$ 39,454,812$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Fund
General Fund 1001-10101 10,363,754 1,347,274 (1,435,951) - - 10,275,077 General Fund-Reserve 1001-10105 283,967 9,569 - - - 293,536 Half Cent Sales Tax Fund 1002 3,023,636 (721,259) - - - 2,302,377 Special Revenue Funds
Gas Tax Fund 2001 128,763 31,514 - - - 160,277 LTF - Streets 2002 380,048 (23,628) - - - 356,419 PEG Access Fund 2003 167,147 55 (7,335) - - 159,867 Police Grant Fund 2004 266,100 (13,746) - - - 252,354 Housing In Lieu Fund 2005 2,203,786 2,505 - - - 2,206,291 LBID Fund 2006 2,324,516 232,275 (155,877) - - 2,400,915 Chapman House 2007 (289) 20,549 (4,340) - - 15,920 Capital Projects Funds
Capital Projects Fund 3001 725,380 1,748,370 (635,997) - - 1,837,754 Public Facilities Fund 3002 868 0 - - - 869 Park Development Fund 3003 368,784 (7,137) (53,914) - - 307,733 Circulation Fund 3101 621,866 (4,511) - - - 617,355 Development Impact Fee Fund 3102 116,401 18,970 (25,970) - - 109,402 Developer Impact Fee Fund 3103 165,312 63 - - - 165,375 Underground Utility Fund 3201 16,343 6 - - - 16,349

9.C-4Council Agenda 9-6-2022
Attachment 3

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:6/30/2022 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 756 0 - - - 756 Spyglass AD Fund 4102 12,589 5 - - - 12,593 Indio-El Portal AD Fund 4112 731 0 - - - 731 Visalia Street AD Fund 4113 99,968 38 - - - 100,006 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 3,180,732 363,691 (192,738) - - 3,351,686 Water Tax - Gragg Fund 6102-10102 100 0 - - - 100 Water Construction Fund 6103 632,310 164,702 (158,890) - - 638,123 Water Expansion Fund 6104 1,209,626 (3,241) (3,308) - - 1,203,078 Wastewater Enterprise Fund 6201 3,268,537 535,167 (276,296) - - 3,527,408 Wastewater Construction Fund 6202 1,233,391 17,406 (16,938) - - 1,233,859 Wastewater Expansion Fund 6203 1,974,889 (2,638) (6,708) - - 1,965,543 LTF - Transit Fund 6301 28,902 (60) - - - 28,842 Pier Operations Fund 6401 23,840 6,762 (7,147) - - 23,454 Parking Fund 6501 2,409,038 284,178 (38,852) - - 2,654,363 Internal Service Funds
Technology Service Fund 7101 96,042 70,533 (24,788) - - 141,787 Motor Vehicle Fund 7201 1,935,751 90,589 (66,207) - - 1,960,133 Trust & Agency Funds
SLO County TMD 8201 209,000 178,585 (209,106) - - 178,479 Control Funds
Payroll Control Fund 9301 671,941 (98,855) 160,962 - - 734,048 Interest Control Fund 9302 15,637 (15,385) - - - 253 Utility Billing Control Fund 9304 215,255 6,448 - - - 221,703 M/R Control Fund 9305 - - - - - - Total all cash funds 38,375,418 4,238,795 (3,159,401) - - 39,454,812

9.C-5Council Agenda 9-6-2022
Attachment 3

INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 - - - - 0 General Fund - CD's 1001-10404 4,347,000 - - - - 4,347,000 General Fund - Fed Agency 1001-10405 4,049,000 - - - - 4,049,000 GF - Half Cent Sales Tax CD's 1002-10404 1,225,000 - - - - 1,225,000 GF - Half Cent Sales Tax 1002-10405 500,000 - - - - 500,000 GF - Half Cent Sales Tax Mny M 1002-10108 0 - - - - 0 GF Reserve Money Mkt Cash 1001-10109 0 - - - - 0 GF Reserve - CD's 1001-10403 2,607,000 - - - - 2,607,000 GF Reserve - Fed Agency 1001-10402 2,208,000 - - - - 2,208,000 GF Reserve - Building 1001-10406 202,000 - - - - 202,000 GF Reserve - Building - Federal A1001-10146 298,000 - - - - 298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 150,000 - - - - 150,000 GF Reserve - Risk Mgmt - Fed A 1001-10140 50,000 - - - - 50,000 GF Corp Bond - Pooled 1001-10141 529,143 - - - - 529,143 GF Corp Bond - Reserve 1001-10145 500,000 - - - - 500,000 GF Municipal Bonds Pooled 1001-10142 435,101 - - - - 435,101 GF Municipal Bonds Reserve 1001-10143 1,263,013 - - - - 1,263,013 Risk Mgmt Muni Bonds Reserve 1001-10144 50,000 - - - - 50,000 Half Cent Sales Tax - Pooled 1002-10141 - - - - - - Half Cent Sales Tax - Muni Bond 1002-10142 571,288 - - - - 571,288 GF CREB's Fiscal Agent 1001-10515 (0) - - - - (0) GF Treasury Note 1001-10410 5,045,375 - - - - 5,045,375 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0) - - - - (0) Housing In Lieu Fund 2005-10404 875,000 - - - - 875,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 - - - - 140,000 Capital Projects Funds
Park Develop. Fund Mny Mkt 3003-10108 - - - - - - Park Development Fund 3003-10404 - - - - - - Park Develop Federal Agencies 3003-10405 - - - - - - Circulation Fees Mny Mkt 3101-10108 - - - - - - Circulation Fees 3101-10404 - - - - - - Develop. Impact Fee Mny Mkt 3102-10108 0 - - - - 0 Development Impact Fee Fund 3102-10404 490,000 - - - - 490,000 Impact Fees Federal Agencies 3102-10405 - - - - - -

9.C-6Council Agenda 9-6-2022
Attachment 3

INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 201,867 (201,816) - - - 52 Public Fin Fiscal Agent-CREBs 4002-10515 6 - - - - 6 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 0 - - - - 0 Water Fund CD's 6101-10404 490,000 - - - - 490,000 Wtr Fund Federal Agencies 6101-10405 2,155,000 - - - - 2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 - - - - - - Water Construction Money Mkt 6103-10108 (0) - - - - (0) Water Construction 6103-10404 504,363 - - - - 504,363 Wastewater Fund Money Market 6201-10108 0 - - - - 0 Wastewater Fund CD's 6201-10404 490,000 - - - - 490,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 - - - - 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,062,000 - - - - 1,062,000 Parking Enterprise Money Mrkt 6501-10108 (0) - - - - (0) Parking Fund Corp Bond-Pooled 6501-10141 500,000 - - - - 500,000 Parking Enterprise 6501-10404 490,000 - - - - 490,000 Parking Fund Federal Agencies 6501-10405 1,000,000 - - - - 1,000,000 Parking Fund Treasury Note 6501-10410 1,000,000 - - - - 1,000,000 Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 - - - - 0 MVR Fund CD's 7201-10404 50,000 - - - - 50,000 MVR Fund Federal Agencies 7201-10405 250,000 - - - - 250,000 CalPers Benefit Trust
OPEB Trust Account 8101-10408 4,957,672 (643,754) - - - 4,313,918 Total all Investments 40,785,827$ (845,569)$ -$ -$ -$ 39,940,258$ Total all Funds 79,161,245$ 3,393,225$ (3,159,401)$ -$ -$ 79,395,070$

9.C-7Council Agenda 9-6-2022
Attachment 3

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D

SUBJECT / TITLE:

QUARTERLY INVESTMENT REPORT FOR THE THREE MONTHS OF APRIL THROUGH JUNE 2022—THE FOURTH QUARTER OF FY 2022

RECOMMENDATION:

No action required; information only.

EXECUTIVE SUMMARY:

This report updates City Council on the City’s investment portfolio as of the quarter ending on June 30, 2022. This report complies with regulations set forth in California State Government Code Section 53646 in which the City Treasurer is required to submit to the legislative body (City Council) a quarterly report containing various information on the City’s investments.

The report includes all investments managed by the City, including funds invested in various securities, the City’s pooled funds invested in various financial instruments, and funds held in reserve with fiscal agents.
• Table 1 (Attachment 1) provides a summary of the City’s cash, investments, and earnings based on book value as of June 30, 2022.
• Tables 2 and 3 (Attachments 2 and 3) provides details on the investment type, issuer, maturity date, book value, market value, and interest rates as of June 30, 2022 for the General Fund Reserve and City Pooled Funds A, respectively.

All of the City’s investments and the City’s allocation of funds in the various financial instruments comply with State Government Code Sections 53610—53686 and with the City’s Investment Policy’s primary objective to safeguard the principal. Additionally, the City of Pismo Beach’s invested funds as described in this report comply with the City’s Investment Policy and meet the City’s pooled expenditure requirements for the next six months.

Description of Cash and Investment Accounts

Negotiable Certificates of Deposit (CDs), US Government Agency Securities (GASs), Corporate Bonds (Corp Bonds), and Municipal Bonds (Munis) • General Fund Reserves: The City has three reserves invested in various financial instruments that mature at various periods over the next five years. The total amount invested for these three reserves is $7.33 million, earning a projected 1.92% average interest rate during Fiscal Year (FY) 2022. Specifics of each reserve are provided below:
o General Fund Reserve: The City adopted a Fiscal Policy that maintains a General Fund Reserve of 25% of budgeted annual operating expenditures. This Reserve should be $6.13 million, which is 25% of the FY 2022 budgeted annual operating Council Agenda 9-6-2022 9.D-1

expenditures. Currently, $6.58 million is invested in various CDs, GASs, Corp Bonds, and Munis earning 1.85% on average per year.
o City Building Reserve: The City Council created a City Building Reserve of $500 thousand for the maintenance and upkeep of City facilities and buildings. Currently, this Reserve is invested in various CDs and GASs earning on average 2.38% per year during FY 2022.
o Risk Management Reserve: The City Council established a Risk Management Reserve, contributing $50 thousand each year. Currently, this Reserve is $250 thousand, which is invested in CDs, GASs, and Munis earning 2.76% on average per year.
• City-Pooled Funds A (for deferred capital projects): Based on the City’s 10-year capital plan and the cash flow needs for the next five years, the City has invested $28.30 million in various CDs, GASs, Corp Bonds, Munis, and US Treasury Notes that mature at various periods over the next five years and have a 1.83% average interest rate during FY 2022.

Other Financial Instruments
City-Pooled Funds B (for current year expenditures): The City follows the practice of pooling cash for all funds in financial instruments. Interest earned on pooled cash and investments is allocated quarterly to the various funds based on the respective fund’s average quarterly cash balance. As of June 30, 2022, the City-Pooled Funds B are allocated or invested as described below.
• $19.29 million in Local Agency Investment Fund (LAIF): LAIF is a State investment pool earning 0.75% annually and is the City’s main savings account where the majority of cash is held for current year expenditures.
• $20.16 million in U.S. Bank Checking: This account is the City’s primary checking account.

OPEB Trust Account
The Governmental Accounting Standards Board (GASB) requires public-sector entities to account for the promise to provide other post-employment benefits (OPEB) over the working life of the employee rather than on a pay-as-you-go basis. The City has an actuarial study performed every two years to determine how much to set aside each year to partially or completely fund our future obligations for retiree health costs.

The OPEB Trust Account is the California Employers’ Retiree Benefit Trust (CERBT) Fund that was set up for the purpose of receiving employer contributions to prefund retiree health and OPEB costs for retirees and their beneficiaries. This trust fund helps finance future costs in large part from the investment earnings provided by CalPERS, rather than the City’s restricted investment earnings. The projected earnings are 6.75% per year and fluctuate from quarter to quarter. The City contributes to the account at the Actuarial Determined Contribution amount of $234 thousand for this year toward the City’s unfunded liability. This contribution now appears as an asset for the City’s future retiree health costs instead of a significant liability on the City’s balance sheet.

Council Agenda 9-6-2022 9.D-2

Portfolio Allocation
Per the State Government Code 53600 et seq., and the City's Investment Policy, the City may invest up to a maximum percentage of the entire portfolio of funds in authorized financial instruments. The following table shows a summary of the authorized financial instruments, the maximum percentage limits, the book value as of June 30, 2022 of the City’s funds, and the percentage of the total City’s pooled funds that are invested in each financial instrument.

Financial Instrument
Maximum
%
Book Value as
of 6/30/22
% of
Portfolio
Checking Account 100% 20,160,679 27%
Local Agency Investment Fund 100% 19,294,133$ 26%
US Government Agency Obligations 50% 12,750,000 17% Negotiable Certificates of Deposit 30% 11,920,363 16% US Treasury Issues 100% 6,045,375 8%
Corporate Bond 30% 2,591,143 3%
Issues of Other California entities 30% 2,319,402 3% 75,081,094$ 100%
Bond funds: Wilmington Trust 57$
OPEB Trust Account 4,313,918
Total Book Value 79,395,070$
Checking Account,
27%
Local Agency
Investment Fund,
26%
US Government
Agency
Obligations, 17%
Negotiable
Certificates of
Deposit, 16%
US Treasury Issues,
8%Corporate Bond,
3%
Issues of Other
California entities,
3%
Portfolio Allocation
Council Agenda 9-6-2022 9.D-3

Portfolio Liquidity
The portion of the City’s portfolio that is managed by the City Treasurer (all accounts except the Bond Funds and OPEB Trust Account) is sufficiently liquid to meet the City’s expenditure requirements for the next 6 months. The majority of funds are invested in LAIF, which has a liquidity of one day. The following table and chart illustrate the liquidity of the City’s managed portfolio.

Liquidity Amount
0 to 30 days 39,454,812$
FY 2023 8,353,881
FY 2024 1,130,862
FY 2025 9,211,177
FY 2026 8,250,000
FY 2027 8,680,363
75,081,094$
0 10,000 20,000 30,000 40,000
0 to 30 days
FY 2023
FY 2024
FY 2025
FY 2026
FY 2027
Portfolio Amount ($ thousands)
Li
q
u
i
d
i
t
y

P
e
r
i
o
d
Portfolio Liquidity
Council Agenda 9-6-2022 9.D-4

Investment Value

Book Value: The book value represents the initial outlay for an investment and is the amount carried on a balance sheet. In the past quarter ending June 30, 2022, the City’s total book value of cash and investments was $79.40 million. This is $4.35 million greater than the last quarter’s ending balance. There are a number of factors that impact changes in cash and investment balances from quarter to quarter. These changes may include receiving periodic payments (e.g., property taxes are received in December and April), large payments on debt service or capital projects, seasonal revenues and expenditures, and other factors affecting cash flow.

Market Value: The market value represents the current price at which a security can be traded and is the value of an investment comparing the various aspects of the security to other factors in the market such as interest rates. The market value as of June 30, 2022 for CDs, GASs, Municipal Bonds, Corporate Bonds, and US Treasury Notes was $33.97 million, which is $1.66 million less than the book value. The City expects to hold onto the majority of its investments to maturity and would receive the book value of its investment.

Investment Name Type of Investment
Book Value as
of 6/30/22
Book Value as of
3/31/22 Variance
General Fund Reserve CDs/GASs/Corp
Bonds/Muni Bonds
7,328,013$ 7,328,013$ -$
City Pooled Funds - A CDs/GASs/ Corp
Bonds/ Muni
28,298,269 22,143,579 6,154,690
City Pooled Funds - B Various 39,454,812 40,617,529 (1,162,717) Bond funds Blackrock Federal
Fund
57 9 48
OPEB Trust Account Benefit Trust
Account
4,313,918 4,957,672 (643,754)
TOTAL 79,395,070$ 75,046,803$ 4,348,267$
Investment Name
Type of
Investment
Book Value as of
6/30/22
Market Value as
of 6/30/22 Variance
General Fund Reserve CDs/GASs/
Corp Bonds/
Muni Bonds
7,328,013$ 6,904,411$ (423,602)$
City Pooled Funds - A CDs/GASs/
Corp Bonds/
Muni Bonds/US
Treasury Note
28,298,269 27,065,197 (1,233,073)
Total All Securities 35,626,282$ 33,969,607$ (1,656,675)$ Council Agenda 9-6-2022 9.D-5

Investment Earnings and Performance

Interest Earnings: In the past quarter ending June 30, 2022, the City’s total interest earnings were a loss of $144 thousand, including a $351 thousand gain in the City’s managed portfolio and a $232 thousand loss in OPEB. The OPEB loss reflects the last two quarters of the fiscal year losses, largely reflecting the decline in the market compared to the end of the second quarter of FY 2022. The actual interest earnings for FY 2022 reflects a $144 thousand loss, which is -0.18% for the year for the City’s entire portfolio and 0.69% for the City’s managed portfolio. The City’s entire portfolio consists of the managed portfolio, which is managed by the City Treasurer, and the OPEB Trust Account, which is managed by CalPERS. The managed portfolio is regulated by the City’s Investment Policy and is restricted on its investments. OPEB investments are invested based on various strategies allowed by the California Employer’s Retiree Benefit Trust, which produce more volatility in earnings each quarter and each year. For example, last year, the actual annual interest earnings for OPEB was a gain of $1.03 million. Note that as the City’s cash and investments change, the interest earnings change correspondingly.

Performance: The actual annual interest earnings rate for FY 2022 is a loss of 0.18% for the City’s entire portfolio. The actual annual interest earnings rate for FY 2022 is 0.69% for the City’s managed portfolio (excludes Bond funds and OPEB Trust Account). This is compared to LAIF, which earned 0.75% as of June 30, 2022, or the 1-year U.S. Treasury Note, which earned 2.69% as of June 30, 2022. The U.S. Treasury rate has increased by

1.12% in the third quarter, whereas the City’s investments are typically held for 5 years.

The City Treasurer is seeking investments to sell existing lower earning securities and buying higher earning securities to improve performance compared to the benchmarks.

The following table lists the various performance measures regarding the various annual earnings rate for the City’s entire portfolio, the City’s managed portfolio, and the two benchmarks of LAIF and the 1-year U.S. Treasury Note.

Investment Name Type of Investment
Book Value as
of 6/30/22
Actual
Interest
Earned 4th
Quarter
Actual Annual
Interest
Earnings
Actual Annual
Interest
Earnings Rate
General Fund Reserves CDs/GASs/Corp
Bonds/Muni Bonds
7,328,013$ 36,166$ 118,661$ 1.62%
City Pooled Funds - A CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note
28,298,269 92,041 325,817 1.15%
City Pooled Funds - B Various 39,454,812 36,608 75,332 0.19% Bond funds Wilmington Trust 57 52 58 101.69% OPEB Trust Account*Benefit Trust
Account
4,313,918 (642,781) (663,865) -15.39%
TOTAL 79,395,070$ (477,915)$ (143,996)$ -0.18%
Total Managed Portfolio 75,081,094$ 164,814$ 519,810$ 0.69% Council Agenda 9-6-2022 9.D-6

Performance Measure Earnings
Rate
City’s Annual Earnings Rate for entire Portfolio (0.18)% City’s Annual Earnings Rate for Managed Portfolio 0.69% LAIF Average Annual Earnings Rate 0.75%
1 Year U.S. Treasury Note 2.69%
Future Outlook
Recent indicators of economic activity have softened, while employment continues to strengthen, including strong job gains in recent months and a declining unemployment rate. Inflation remains elevated, reflecting supply and demand imbalances related to the pandemic, higher energy prices, and broader price pressures. The invasion of Ukraine by Russia may have implications for the U.S. economy, and are creating additional upward pressure on inflation and weigh on economic activity.

On July 27, 2022, the Federal Open Market Committee (FOMC) decided to raise the target range for the federal funds rate from a range of 1.5% to 1.75% to a range of 2.25% to 2.50%. The Committee expects further ongoing increases in the target range until it is confident the economy is on track to achieve maximum employment and price stability, exceeding 2% inflation for a period of time.

With inflation, the market interest rates are increasing. Based on increasing interest rates, the City’s investment earnings potential is improving and could lead to greater investment earnings as the City’s current investments mature and are reinvested in higher yielding securities.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ALTERNATIVES:

No Council action is proposed, other than to receive the information.

ATTACHMENTS:

1.Table 1: Summary Table for ALL Funds, including Book Values and Earnings Data for Investments in Other Financial Instruments

2.Table 2: For the General Fund Reserve—Basic Data on Investments in Securities

3.Table 3: For City Pooled Funds A—Basic Data on Investments in Securities Submitted by: Meeting Date: September 6, 2022
Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:

Council Agenda 9-6-2022 9.D-7

Investment Name Name of Institution Type of Investment Current
Earnings
Rate
Book Value
as of 6/30/22
Actual Interest
Earned 4th
Quarter Ending
6/30/22
Year-to-Date
Interest
Earned
Ending
6/30/22
* Data
Source
General Fund Reserves US Bank CDs/GASs/Corp
Bonds/Muni Bonds

1.92% avg 7,328,013$ 36,166$ 118,661$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note

1.83% avg 28,298,269 92,041 325,817 1 Total All Securities 35,626,282$ 128,207$ 444,478$ City Pooled Funds - B US Bank Custody 0.00%-$ 232$ 239$ 1 City Pooled Funds - B Local Agency Invest.

Fund
State Investment Pool 0.75%19,294,133 36,123 74,133 2 City Pooled Funds - B US Bank Checking 0.00%20,160,679 253 960 3 City Pooled Funds - B 39,454,812$ 36,608$ 75,332$ City Pooled Funds total A + B 67,753,081$ 128,648$ 401,149$ Funds Held with Fiscal
Agent
Bond funds: Wilmington
Trust
2017 Pier Project 52$ 52$ 55$ 4 Funds Held with Fiscal
Agent
Bond funds: Wilmington
Trust
2017B CREBs 6 - 3 4 Calpers Benefit Trust
OPEB Trust Account CalPERS Benefit Trust
Account
Various managed by
CalPERS
4,313,918$ (642,781)$ (663,865)$ 5
TOTAL, Cash and Investments at June 30, 2022:79,395,070$ (477,915)$ (143,996)$ TOTAL for City Managed Portfolio, Cash and Investments:75,081,094$ 164,814$ 519,810$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund. 3 = Monthly reconciled bank statement from respective bank. 4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account City of Pismo Beach
Table 1: Summary Table for All Funds,
including Book Values & Earnings Data for Investments in Other Financial Instruments Council Agenda 9-6-2022 9.D-8
Attachment 1

City of Pismo Beach
June 30, 2022 QUARTERLY INVESTMENT REPORT
Table 2: For the General Fund Reserves - Basic Data on Investments in Securities:

Government Agency Securities and Bank Certificates of Deposit CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturity
020080BL0 Alma Bank 1.75% 09/11/19 09/11/24 CD 96.68 245,000 236,861 (8,139) 804 02589ACE0 American Express
(59.76%)

2.90% 05/03/22 04/27/27 CD 97.65 147,000 143,552 (3,448) 1,762 06406RBA4 Bank New York Mellon
(32.69%)

2.05% 01/26/22 01/26/27 CD A 91.88 245,000 225,267 (19,733) 1,671 13077CY32 California State
University Rev Bonds
(97.66%)

5.00% 05/07/20 11/01/23 Municipal Bond AA-104.25 245,000 223,975 (21,025) 489 13063CLW8 California State GO
Bonds (41.83%)

5.00% 05/08/20 10/01/24 Municipal Bond AA-106.54 245,000 222,824 (22,176) 824 13063CLW8 California State GO
Bonds (8.54%)

5.00% 05/08/20 10/01/24 Municipal Bond AA-106.54 50,000 45,492 (4,508) 824 14042TFP7 Capital One Bank
(47.76%)

2.90% 04/27/22 04/27/27 CD 97.65 117,000 114,260 (2,740) 1,762 24951TAL9 Department of
Commerce FCU
(22.45%)

1.25% 01/07/22 01/07/27 CD 91.00 55,000 50,054 (4,946) 1,652 24951TAL9 Department of
Commerce FCU
(20.41%)

1.25% 01/07/22 01/07/27 CD 91.00 50,000 45,506 (4,494) 1,652 25460FCF1 Direct Federal Credit
Union

3.50% 12/10/18 09/11/23 CD 100.64 245,000 246,578 1,578 438 29367RLM6 Enterprise Bank
(63.27%)

0.85% 05/18/20 05/14/25 CD 93.09 155,000 144,303 (10,697) 1,049 3130ALYC2 FHLB (19.2%)1.14% 04/29/21 04/29/26 Agency AA+93.45 192,000 179,426 (12,574) 1,399 3130ALYC2 FHLB (5.3%)1.14% 04/29/21 04/29/26 Agency AA+93.45 53,000 49,529 (3,471) 1,399 3130AMCY6 FHLB (25.8%)1.00% 05/27/21 05/27/26 Agency AA+92.84 516,000 479,049 (36,951) 1,427 3130AMCY6 FHLB (2.5%)1.00% 05/27/21 05/27/26 Agency AA+92.84 50,000 46,420 (3,581) 1,427 3130APB87 FHLB 1.10% 10/13/21 10/13/26 Agency AA+90.84 500,000 454,195 (45,805) 1,566 3130AQAU7 FHLB (24.5%)1.45% 12/29/21 12/29/26 Agency AA+93.71 245,000 229,599 (15,401) 1,643 3130AQZ55 FHLB 2.50% 03/10/22 03/10/27 Agency AA+97.05 500,000 485,255 (14,745) 1,714 3130ARF55 FHLB (51%)2.60% 03/30/22 03/30/27 Agency AA+97.31 255,000 248,133 (6,867) 1,734 3130ARF55 FHLB (49%)2.60% 03/30/22 03/30/27 Agency AA+97.31 245,000 238,402 (6,598) 1,734 33847E3J4 Flagstar Bank 0.90% 05/15/20 05/15/25 CD 93.22 245,000 228,391 (16,609) 1,050 46632FRU1 JP Morgan Chase Bank 0.70% 01/22/21 01/22/26 Corporate Bond A+88.69 500,000 443,460 (56,540) 1,302 499724AE2 Knoxville TVA Employees
Credit Union (20.4%)

3.30% 09/27/18 09/27/23 CD 100.40 50,000 50,180 180 454 59013KPN0 Merrick Bank 1.10% 11/09/21 11/09/26 CD 90.76 245,000 222,357 (22,643) 1,593 62384RAB2 Mountain American FCU
(53.06%)

2.30% 10/12/17 10/12/22 CD 100.13 130,000 130,165 165 104 6966674G6 Palm Springs USD GO
Bonds (95.66%)

0.85% 10/28/20 08/01/24 Municipal Bond AA 94.98 773,013 731,375 (41,638) 763 835104BZ2 Somerset Tr Co 1.00% 03/19/20 03/19/25 CD 93.85 245,000 229,920 (15,080) 993 89235MLC3 Toyota Financial Savings
Bank

0.95% 07/15/21 07/15/26 CD 91.00 245,000 222,943 (22,057) 1,476 50625LBN2 Lafayette Federal Credit
Union

3.25% 06/15/22 06/15/27 CD 99.11 245,000 242,817 (2,183) 1,811 27004PCV3 Eaglemark Savings Bank
(20%)

3.25% 06/22/22 06/22/27 CD 99.10 50,000 48,559 (1,441) 1,818 88413QDL9 Third Federal Savings
Bank

3.50% 06/28/22 06/28/27 CD 100.23 245,000 245,564 564 1,824 Total $ 7,328,013 $ 6,904,411
Council Agenda 9-6-2022 9.D-9
Attachment 2

City of Pismo Beach
June 30, 2022 QUARTERLY INVESTMENT REPORT
Table 3: For City Pooled Funds A - Basic Data on Investments in Securities:

1.70% 09/18/19 09/18/24 CD 96.54 245,000 236,521 (8,479) 811 01748DAX4 Allegiance Bank 2.15% 09/29/17 09/29/22 CD 100.09 245,000 245,211 211 91 02554BDA6 American Eagle Bank 1.10% 03/13/20 03/13/25 CD 94.14 245,000 230,650 (14,350) 987 02589ACE0 American Express
(40.24%)

2.90% 05/03/22 04/27/27 CD 97.65 99,000 96,662 (2,338) 1,762 037833AZ3 Apple Inc 2.50% 03/05/20 02/09/25 Corporate Bond AA+98.06 1,062,000 980,580 (81,420) 955 06406RBA4 Bank New York Mellon
(67.31%)

2.05% 01/26/22 01/26/27 CD A 91.88 504,363 463,833 (40,529) 1,671 06048WS43 Bank of America Corp 2.00% 02/18/22 08/18/25 Corporate Bond A-93.25 500,000 466,260 (33,740) 1,145 06740KQE0 Barclays Bank 3.00% 05/11/22 05/11/27 CD 98.06 245,000 240,242 (4,758) 1,776 13063DDF2 California State GO
Bonds

2.50% 05/07/20 10/01/22 Municipal Bond AA-100.13 103,506 100,133 (3,373) 93 13077CY32 California State
University Rev Bonds
(2.34%)

5.00% 05/07/20 11/01/23 Municipal Bond AA-104.25 5,862 5,367 (495) 489 13063CLW8 California State GO
Bonds (49.63%)

5.00% 05/08/20 10/01/24 Municipal Bond AA-106.54 290,655 264,374 (26,281) 824 14042TFP7 Capital One Bank
(52.24%)

2.90% 04/27/22 04/27/27 CD 97.65 128,000 124,978 (3,022) 1,762 14042RQU8 Capital One National
(79.59%)

2.90% 04/27/22 04/27/27 CD 97.65 195,000 190,409 (4,591) 1,762 14042RQU8 Capital One National
(20.41%)

2.90% 04/27/22 04/27/27 CD 97.65 50,000 48,828 (1,172) 1,762 15118RUR6 Celtic Bank 1.35% 04/02/20 04/02/25 CD 94.68 245,000 231,959 (13,041) 1,007 15201QCJ4 Centerstate Bank 1.00% 03/30/20 03/31/25 CD N/A 93.80 245,000 229,808 (15,192) 1,005 12556LBB1 CIT Bank 1.95% 08/23/19 08/23/22 CD 100.02 245,000 245,059 59 54 17286TAG0 Citadel Federal Credit
Union

1.65% 02/25/20 02/27/25 CD 95.64 245,000 234,323 (10,677) 973 17312QJ67 Citibank 3.00% 04/24/18 04/24/23 CD 100.37 245,000 245,894 894 298 24951TAL9 Department of
Commerce FCU
(57.14%)

1.25% 01/07/22 01/07/27 CD 91.00 140,000 127,398 (12,602) 1,652 254673D94 Discover Bank 3.20% 05/19/22 05/19/27 CD 98.93 245,000 242,386 (2,614) 1,784 29367SJQ8 Enterprise Bank 1.80% 11/08/19 11/08/24 CD 96.53 245,000 236,486 (8,514) 862 29367RLM6 Enterprise Bank
(36.73%)

0.85% 05/18/20 05/14/25 CD 93.09 90,000 83,772 (6,228) 1,049 3130ALD76 FHLB 0.70% 02/25/21 02/25/26 Agency AA+92.33 500,000 461,645 (38,355) 1,336 3130ALYC2 FHLB (75.5%)1.14% 04/29/21 04/29/26 Agency AA+93.45 755,000 705,555 (49,445) 1,399 3130AMCY6 FHLB (25%)1.00% 05/27/21 05/27/26 Agency AA+92.84 500,000 464,195 (35,805) 1,427 3130AMCY6 FHLB (46.7%)1.00% 05/27/21 05/27/26 Agency AA+92.84 934,000 867,116 (66,884) 1,427 3130AMS37 FHLB (50%)1.00% 06/24/21 06/24/26 Agency AA+92.69 1,000,000 926,930 (73,070) 1,455 3130AMS37 FHLB (20%)1.00% 06/24/21 06/24/26 Agency AA+92.69 400,000 370,772 (29,228) 1,455 3130AMS37 FHLB (30%)1.00% 06/24/21 06/24/26 Agency AA+92.69 600,000 556,158 (43,842) 1,455 3130ANSB7 FHLB 1.00% 09/17/21 09/17/26 Agency AA+92.34 1,000,000 923,430 (76,570) 1,540 3130AQAU7 FHLB (61.5%)1.45% 12/29/21 12/29/26 Agency AA+93.71 615,000 576,341 (38,659) 1,643 3130AQAU7 FHLB (14%)1.45% 12/29/21 12/29/26 Agency AA+93.71 140,000 131,200 (8,800) 1,643 3130ARGQ8 FHLB 2.88% 04/14/22 04/14/27 Agency AA+97.81 500,000 489,040 (10,960) 1,749 3130ARGE5 FHLB (50%)3.00% 04/21/22 04/21/27 Agency AA+98.34 250,000 245,840 (4,160) 1,756 Council Agenda 9-6-2022 9.D-10
Attachment 3

CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturity
3130ARGE5 FHLB (50%)3.00% 04/21/22 04/21/27 Agency AA+98.34 250,000 245,840 (4,160) 1,756 32112UDJ7 First National Bank
McGregor

1.80% 12/30/19 12/30/24 CD 96.29 245,000 235,906 (9,094) 914 334342CD2 First National Bank
Syracuse

1.85% 08/30/19 08/30/24 CD 96.93 245,000 237,488 (7,512) 792 3136G4WV1 FNMA 0.75% 06/16/20 06/16/25 Agency AA+93.49 1,000,000 934,870 (65,130) 1,082 3136G4J61 FNMA 0.57% 08/26/20 08/26/25 Agency AA+92.53 750,000 694,005 (55,995) 1,153 3136G43L5 FNMA 0.55% 09/30/20 09/30/25 Agency AA+92.25 1,000,000 922,540 (77,460) 1,188 38149MAJ2 Goldman Sachs Bank 2.70% 05/22/19 05/22/24 CD 98.98 145,000 143,527 (1,473) 692 474067AF2 Jefferson Financial
Federal Credit Union

2.45% 11/10/17 11/10/22 CD 100.19 245,000 245,453 453 133 499724AE2 Knoxville TVA Employees
Credit Union (79.6%)

3.30% 09/27/18 09/27/23 CD 100.40 195,000 195,802 802 454 50116CBD0 KS Statebank Manhattan 2.10% 07/31/17 07/29/22 CD 100.03 245,000 245,078 78 29 502516QY6 La Canada California
USD

1.75% 04/28/20 08/01/24 Municipal Bond N/A 96.66 571,288 546,112 (25,176) 763 51210SSD0 Lakeside Bank 1.40% 03/30/20 03/31/25 CD N/A 94.82 245,000 232,297 (12,703) 1,005 58404DCZ2 Medallion Bank Utah 3.30% 12/18/18 12/19/22 CD N/A 100.58 245,000 246,414 1,414 172 61760ARS0 Morgan Stanley 3.55% 11/08/18 11/08/23 CD 100.61 245,000 246,482 1,482 496 61690UJ68 Morgan Stanley Bank 3.25% 05/19/22 05/19/27 CD N/A 99.16 245,000 242,935 (2,065) 1,784 62384RAB2 Mountain American FCU
(46.94%)

2.30% 10/12/17 10/12/22 CD 100.13 115,000 115,151 151 104 694231AF8 Pacific Enterprise Bank 1.35% 04/09/20 04/09/25 CD N/A 94.64 245,000 231,858 (13,142) 1,014 69506YRG6 Pacific Western Bank 1.35% 04/16/20 04/16/25 CD 94.62 245,000 231,819 (13,181) 1,021 6966674G6 Palm Springs USD GO
Bonds (4.34%)

0.85% 10/28/20 08/01/24 Municipal Bond AA 94.98 35,078 33,182 (1,897) 763 70962LAS1 Pentagon Federal Credit
Union

0.90% 09/29/21 09/29/26 CD 90.23 245,000 221,066 (23,934) 1,552 75472RAE1 Raymond James Bank 2.00% 08/23/19 08/23/24 CD 97.29 245,000 238,365 (6,635) 785 856285K91 State Bank India 2.00% 03/23/22 03/23/27 CD 93.83 245,000 229,884 (15,117) 1,727 88241THJ2 Texas Exchange Bank 1.00% 06/10/20 06/13/25 CD 93.28 245,000 228,531 (16,469) 1,079 87270LAY9 TIAA Federal Savings
Bank

2.20% 11/22/17 11/22/22 CD 100.09 245,000 245,216 216 145 89236TGT6 Toyota Motor Corp 1.80% 06/05/20 02/13/25 Corporate Bond A+95.34 257,893 238,343 (19,550) 959 90348JTH3 UBS Bank USA 1.25% 03/25/20 03/25/25 CD N/A 94.46 245,000 231,422 (13,578) 999 91435LAB3 University Iowa
Community FCU

3.00% 04/30/18 04/28/23 CD 100.36 245,000 245,872 872 302 90331HMS9 US Bank National 2.80% 05/29/20 01/27/25 Corporate Bond AA-97.77 271,250 244,418 (26,833) 942 9128284L1 US Treasury Note
(83.46%)

2.75% 05/12/22 04/30/23 Treasury Note N/A 99.90 5,045,375 5,002,342 (43,033) 304 9128284L1 US Treasury Note
(16.54%)

2.75% 05/12/22 04/30/23 Treasury Note N/A 99.90 1,000,000 991,358 938828BN9 Washington Federal
Bank

1.95% 08/28/19 08/28/24 CD 97.16 245,000 238,030 (6,970) 790 27004PCV3 Eaglemark Savings Bank
(80%)

3.25% 06/22/22 06/22/27 CD 99.10 195,000 194,238 (762) 1,818 Total 28,298,269$ 27,065,197$
Council Agenda 9-6-2022 9.D-11
Attachment 3

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E

SUBJECT/TITLE:

FISCAL YEAR 2022 FOURTH QUARTER FINANCIAL STATUS REPORT

RECOMMENDATION:

Receive as information only. No actions are requested or recommended.

EXECUTIVE SUMMARY:

This report updates the City Council on the City’s financial status for the fiscal year ending on June 30, 2022, based on preliminary actual revenues and expenditures during Fiscal Year (FY) 2022.

Overall, the City of Pismo Beach’s funds are projected to be financially stable, with sufficient fund balances. The FY 2022 ending General Fund unassigned fund balance is projected to be $6.21 million, which is $9.46 million less than the FY 2021 ending unassigned fund balance. This decrease is attributable to appropriating the fund balance to support one-time and capital project expenditures, including the 2022 Paving Project.

For the majority of the City’s other funds, revenues and expenditures in the City’s other funds are projected to be on budget and the ending fund balances are in line with the FY 2022 Adopted Budget ending fund balances. In all the funds, there are sufficient fund balances and projected revenues to cover projected expenditures.

The following sections provide details of the General Fund financial picture, followed by a summary and highlights of the City’s other funds.

I. General Fund Budget Summary
In summary, based on preliminary and projected actual revenues and expenditures during FY 2022, the General Fund is projected to end FY 2022 with a $6.21 million unassigned fund balance. The FY 2022 projected $6.21 million unassigned fund balance is $3.66 million greater than the FY 2022 revised budget ending unassigned fund balance. This projected $3.66 million increase is largely due to a projected $2.23 million of operating savings and a projected $1.79 million of additional operating revenues compared to the budget. The unassigned fund balance is used to pay for future one-time investments included in the FY 2023 budget and in the 10-year Capital Improvement Plan. In addition to the General Fund unassigned fund balance, the General Fund includes the Budget Stabilization Reserve set-aside of $2.00 million. The following table is a summary of the FY 2020 actuals and the FY 2021 General Fund revised budget, projected actuals, and a variance comparing the budget to projected actuals.

9.E-1Council Agenda 9-6-2022

Table 1. FY 2022 General Fund Budget Summary

The FY 2022 projected ending unassigned fund balance of $6.21 million does not yet include anticipated Council project expenditures that may be appropriated in FY 2023 with potential additional operating surplus. These additional anticipated costs total $5.00 million, which would leave $1.20 thousand remaining in the unassigned fund balance.

The following table illustrates these anticipated costs and the impact on the ending unassigned fund balance. Another project that is not yet included in the table as the scope of the project is not yet defined, but would likely draw down from the fund balance, is the repair of the Pier Avenue stairs. This table is for illustrative purposes only to demonstrate that the unassigned ending fund balance is likely committed to support these costs in FY 2023 with additional net operating surpluses.

Table 2: Anticipated Costs Using Unassigned Fund Balance

AB CD = C - B
($ thousands)
FY 2021
Actuals
FY 2022
Revised
Budget
FY 2022 Year-
End Projected
Actuals
Variance
(Actuals-
Budget)
Unassigned Fund Balance 6,642$ 14,225$ 14,225$ -$ Committed Fund Balance 7,569 3,976 3,976 - a Beginning Fund Balance 14,210 18,200 18,200 - b Operating Revenues 28,851 31,152 32,940 1,788 c Operating Expenditures 19,766 24,517 22,291 (2,225) d = b - c Net Operating Surplus/(Deficit) 9,085 6,635 10,649 4,013 e One-time Revenues 1,247 489 273 (216) f One-time/Capital Expenditures 2,800 20,784 3,659 (17,125) g = a+d+e-f Ending Fund Balance 21,743$ 4,541$ 25,463$ 20,922$ Unassigned Fund Balance 15,667$ 2,541$ 6,205$ 3,663$ Committed Fund Balance 3,976 - 17,259 17,259 Contribution to Reserves 100 - - - Budget Stabilitation Set-Aside 2,000 2,000 2,000 - FY 2022 Projected Ending Unassigned Fund Balance 6,204,655$ Anticipated Projects in FY 2023
Public Safety Facility - PAYG/Cash portion only 1,000,000 James Way Beautification 1,600,000
Chumash/Palisades Park improvements 1,000,000
Tennis Court Relocation 1,400,000
Total Anticipated Projects 5,000,000
Ending Unassigned Fund Balance 1,204,655$

9.E-2Council Agenda 9-6-2022

II. General Fund Beginning Fund Balance
The General Fund beginning fund balance is comprised of two different components:

 the unassigned fund balance, which are funds that are not committed for any specific purpose and could be used for various one-time projects, and  the committed or carryforward fund balance, which are funds that are committed for a specific budgeted use.

As illustrated in the following table, the FY 2022 Adopted Budget General Fund beginning fund balance was projected to be $14.15 million. Based on changes during FY 2021 and carrying forward fund balance to cover previously budgeted but not-yet-spent expenditures, the beginning fund balance is revised to $18.20 million. This includes $14.23 million of unassigned fund balance and $3.98 million of carryforward fund balances.

Table 3: FY 2022 General Fund, Beginning Fund Balance

III. General Fund Reserve
The City maintains various General Fund reserves totaling $7.33 million for emergency operations, building depreciation, and risk management. These reserves are crucial to avoid disrupting the City’s operations in following unanticipated events. The reserves are shown in the table below, followed by a summary of each reserve.

Table 4. General Fund Reserves

Reserve Amount ($ thousands)
General Fund 25% Reserve $6,578
City Building Reserve 500
Risk Management Reserve 250
Total $7,328

General Fund 25% Reserve
The City has adopted a fiscal policy to fund a General Fund Reserve of 25% of General Fund budgeted annual operating expenditures for FY 2022. The General Fund reserve should be equal to $6.13 million, which is 25% of the total FY 2022 budgeted annual operating expenditures of $24.52 million. Currently, the General Fund Reserve is $6.58 ($ thousands)
Adopted
Budget
Budget
Revisions Actuals
Unassigned Fund Balance 14,149$ 76$ 14,225$
Capital Funds Carryforward 3,516 3,516
Purchase Orders Carryforward 414 414
Prepayment Carryforward 45 45
Total Fund Balance 14,149$ 4,051$ 18,200$
$3,976
Carryforward

9.E-3Council Agenda 9-6-2022

million, which is invested in various securities. This reserve allows the City to maintain its operations for a couple of months in the event that an emergency or disaster impacts the City’s finances.

City Building Reserve
The Council created a City Building Reserve of $500 thousand, for the maintenance and upkeep of City facilities and buildings, particularly if funds are not available. This amount is equal to five years of annual depreciation on City-owned buildings.

Risk Management Reserve
The City Council established a Risk Management Reserve, contributing $50 thousand each year to budget for unanticipated risk management costs. This reserve has a balance of $250 thousand, which is the maximum contribution level.

IV. General Fund Revenues
The FY 2022 Revised Budget revenues total $31.64 million. FY 2022 projected actual revenues are $33.21 million, or $1.57 thousand greater than budget. Compared to the previous year, FY 2022 projected actual revenues are $3.11 million, or 10.3% greater than FY 2021. This increase over the prior year is largely due to additional projected transient occupancy tax (TOT) revenues in FY 2022 in comparison to TOT revenues in FY 2021. This projected TOT revenue increase is largely due to reflecting a full year of the additional 1.0% TOT revenue compared to only half a year of the additional 1% TOT in FY 2021. The table below summarizes the General Fund revenue budget and projected actual revenues for FY 2022, which is followed by a brief discussion of the top three FY 2022 projected actual sources of revenues.

Table 5. FY 2022 General Fund Revenue Budget and Projected Actuals

A B C D = C - B E = C - A F = C/A-1
($ thousands)
Revenue Category
FY 2021
Actuals
FY 2022
Revised
Budget
FY 2022
Projected
Actuals
Variance
(Projected
Actuals -
Revised
Bdgt)
Variance
(FY22
Proj Act -
FY21
Actuals)
% Variance
(FY22 Proj
Act v FY21
Actuals)
Proj
Actual %
of Total
Transient Occupancy Tax 14,210$ 16,986$ 16,986$ -$ 2,777$ 19.5% 51.1% Property Related Taxes 6,221 6,326 6,391 65 170 2.7% 19.4% Sales and Use Tax 3,661 3,445 4,114 669 453 12.4% 12.5% Other revenues 1,902 1,872 2,241 369 339 17.8% 6.8% Permits 1,137 862 1,343 481 206 18.1% 4.1% Franchise Taxes 657 631 599 (32) (58) -8.9% 1.8% Departmental Revenues 354 425 571 146 216 61.0% 1.7% Business Tax 218 211 238 27 20 9.1% 0.7% Other Taxes 244 78 193 116 (51) -20.8% 0.6% Transfers In 140 140 140 - - 0.0% 0.4% Intergovernmental Revenue 55 43 75 32 21 37.3% 0.2% Other Finan Sources - 96 47 (48) 47 0.0% 0.1% Grants 52 37 - (37) (52) -100.0% 0.0% Total Operating Revenues 28,851$ 31,152$ 32,940$ 1,788$ 4,088$ 14.2% 99.2% One-time Revenues 1,247 489 273 (216) (974) -78.1% 0.8% Total Revenues 30,099$ 31,641$ 33,213$ 1,572$ 3,114$ 10.3% 100.0%

9.E-4Council Agenda 9-6-2022

 Transient Occupancy Tax (TOT) revenues are $2.78 million, or 19.5%, greater than the previous year’s TOT revenues. TOT revenues are equal to 11% of the rent charged by all lodging businesses for a person exercising occupancy for 30 consecutive calendar days or less. This increase in TOT revenues compared to the prior year is largely due to reflecting a full year of the additional 1.0% TOT revenue (Measure B-20 that was approved by the voters on November 3, 2020 increasing TOT from 10% to 11% of gross lodging revenues and effective January 2021), compared to only half a year of the additional 1% TOT in FY 2021. In addition, FY 2022 projected TOT revenues reflect fewer closures and travel restrictions from COVID-19 compared to FY 2021 and higher room rates. The following table illustrates the actual TOT revenues received by month in FY 2022 and FY 2021, showing an increase of 33.9% compared to the previous year. The following chart further illustrates FY 2022 TOT revenues collected in comparison to FY 2021.

Chart 1. TOT Revenues FY 2022 compared to FY 2021

Based on data obtained from Smith Travel Research Inc., a provider of competitive benchmarking, information services, and research to the hotel industry, excluding the additional 1% TOT on gross lodging revenues, a portion of the increase in TOT revenues is primarily due to an increase in room revenue. The average daily rate increased by 19.8% on average during FY 2022 compared to FY 2021. In addition, occupancy rates increased by 13.5% on average during FY 2022 compared to FY 2021. Looking at occupancy rates in FY 2022 compared to FY 2019 (pre-pandemic), occupancy rates are 0.4% less than FY 2019. Comparing average daily rate in FY 2022 to FY 2019 (pre-pandemic), rates are up by 40.4%, or $68.95. This reflects an average daily room rate of $239.09 in FY 2022 compared to $170.14 in FY 2019.

 Property related tax revenues are projected to be $170 thousand, or 2.7%, greater than previous year’s property tax related revenues. There are two sources of property related tax revenues:
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
TO
T

A
m
o
u
n
t
FY 2021
FY 2022

9.E-5Council Agenda 9-6-2022

o Property Tax Assessed Value revenues: equivalent to 1% of assessed values o Property Tax In Lieu of Vehicle License Fees: 1% tax on the market value of a registered vehicle.

Assessed value cannot increase by more than 2.0% per year per Section 2 of Article XIIIA of the California Constitution. However, assessed values increased by 2.7%.

This reflects supplemental assessments (new construction and change in ownership) and the recovery of Proposition 8 reductions which can increase assessed values over the 2.0% per year rate. About half of the Proposition 8 reductions remain to be recovered, which means property tax revenues should continue to increase above the

2.0% per year rate if property values continue to rise at their current pace.

 Sales and Use Tax revenues are projected to be $453 thousand, or 12.4%, greater than the prior year. Sales and use tax revenues are made up of two sources:
o Bradley-Burns uniform sales and use tax, which is a 1.0% tax on taxable sales within the City.
o Public safety tax, which is a 0.5% tax on taxable sales for specified public safety purposes.

FY 2022 Bradley-Burns revenues are projected to be $439 thousand greater than the previous fiscal year. Based on actual revenues received to date and projections from the City’s sales tax consultant, City staff estimates that Bradley Burns sales and use tax revenues will be $4.00 million. The following table illustrates Bradley Burns sales and use tax revenues received in FY 2022 and FY 2020 by the month in which the sales tax was collected.

Chart 2. Bradley Burns Sales & Use Tax Revenues FY 2022 compared to FY 2021

FY 2021 public safety sales tax revenues are anticipated to be $114 thousand, or $14 thousand greater than FY 2021 actual revenues received.

$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
Sa
l
e
s

T
a
x

A
m
o
u
n
t
FY 2021
FY 2022

9.E-6Council Agenda 9-6-2022

In total, sales and use tax revenues are projected to be $453 thousand greater than the prior year.

 Other revenues are projected to be $339 thousand, or 17.8%, greater than the prior year. The largest component of this category that contributed to this increase is the receipt of $347 thousand for the LAFCO settlement agreement, which reimburses the City for legal fees.

V. General Fund Expenditures
The FY 2022 Revised Budget expenditures total $45.30 million and projected actual expenditures total $25.95 million. Operating expenditures are projected to be $2.22 million less than the Revised Budget. About $134 thousand of these expenditure savings will be carried forward to next year, leaving $2.10 million of savings that contribute to the ending unassigned fund balance. One-time capital costs are projected to be $17.13 million less than budget based on the timing of cash flow for these one-time projects.

These savings will be carried forward to the next year and do not contribute to an increase in fund balance.

Table 6. FY 2022 General Fund Expenditure Budget and Projected Actuals

ABCD = B - C
($ thousands)
Expenditure Category
FY 2021
Actuals
FY 2022
Revised
Budget
FY 2022
Projected
Actuals
Variance
(Revised Bdgt -
Projected
Actuals)
Proj
Actual
% of
Total
Salaries & Wages 6,998$ 8,136$ 7,599$ 538$ 29.3% Benefits 4,390 5,136 4,772 364 18.4% Professional Services 3,389 3,930 3,593 337 13.8% Contract Services 2,048 2,921 2,495 426 9.6% Operations & Maintenance 930 1,826 1,535 291 5.9% Other Expenses 722 956 784 172 3.0% Transfers Out 465 576 500 76 1.9% Retiree Medical Insurance 207 458 450 8 1.7% Debt Service 435 434 426 8 1.6% Other Financing Uses 135 120 125 (5) 0.5% Capital Projects 49 23 11 11 0.0% Total Operating Expenditures 19,766$ 24,517$ 22,291$ 2,225$ 85.9% One-time Capital Costs 2,800 20,784 3,659 17,125 14.1% Total Expenditures 22,566$ 45,300$ 25,950$ 19,351$ 100.0%

9.E-7Council Agenda 9-6-2022

VI. General Fund Contingency Budgets

General Contingency
The FY 2022 Adopted Budget included $1.00 million in the General Fund general contingency account that may be used for various one-time items that come up during the year. Of this amount, $471 thousand of this appropriation was allocated and $529 thousand was de-appropriated. Details of the allocation is provided in the following table.

Table 7: FY 2022 General Fund General Contingency Budget

Council Contingency
The FY 2022 Adopted Budget also includes a $5 thousand City Council contingency appropriation that may be used for various one-time items that come up during the year.

Of this amount, $3 thousand of this appropriation was allocated, leaving $2 thousand remaining. Details of the allocation is provided in the following table.

Table 8: FY 2022 City Council Contingency Budget

Beginning Balance July 1, 2021 1,000,000$
Appropriations
Janitorial Services (42,721)
General Plan LCP Amendment (207,922)
Public Art for Bello Bridge (56,694)
Public Safety Radio Communications Project (160,597)
St. Jude's Tunnel painted mural support (3,000)
Deappropriate Balance (529,066)
Total Appropriations (1,000,000)
Ending Balance as of June 30, 2022 0$
Beginning Balance July 1, 2021 5,000$
Appropriations
2022 Advisory Body Recruitment Mailer Postage (949)
2022 Advisory Body Recruitment Mailer Printing (1,822)
Total Appropriations (2,771)
Ending Balance as of June 30, 2022 2,229$

9.E-8Council Agenda 9-6-2022

VII. Next-Level Budget
The FY 2022 Adopted Budget included $400 thousand in the General Fund non- department contract services account that may be used for various “next-level” contract services. Of this amount, $130 thousand of this appropriation was allocated and the remaining $270 thousand was de-appropriated. Details of the allocation is provided in the following table.

Table 9: FY 2022 Next-Level Budget

Beginning Balance July 1, 2021 400,000$
Appropriations
Public Records Request Clerk (26,085)
Public Interactive Digital Budget Book and Budget In
Brief (16,170)
Price House additonal landscaping (18,000)
Pothole repairs (40,000)
St. Jude's tunnel fence work (30,000)
Deappropriate Balance (269,745)
Total Appropriations (400,000)
Ending Balance as of June 30, 2022 (0)$

9.E-9Council Agenda 9-6-2022

VIII. Other Funds
The following table reflects fund balance, projected revenue, and projected expenditure activity in the City’s other funds. For most funds, revenues and expenditures are projected to be on budget and the ending fund balances are in line with the FY 2022 Adopted Budget beginning fund balances.

Table 10. Other Funds

AB CD = B ‐ CE = A + DFG = E ‐ F
Fund
Type Fund Fund Title
Beginning
Fund Balance
Projected
Actual Revenue
Projected Actual
Expenditure  Net Rev ‐ Exp
Projected
Ending Fund
Balance  Carryforward
Unrestricted
Fund Balance
General Operating Funds
1001 General Fund 18,200,272        33,212,865        25,949,698             7,263,167          25,463,440      17,258,785       8,204,655 1002 Half‐Cent Sales Tax Fund 4,935,391          2,051,600          2,002,871                48,729               4,984,120        4,547,421         436,699 Special Revenue Funds
2001 Gas Tax Fund 98,552                322,557             259,769                   62,788               161,341           161,231            109 2002 Local Transportation 403,644             311,954             356,191                   (44,237)              359,407           218,950            140,458 2003 PEG Fund 138,494             29,727                7,335                       22,392               160,885           27,397              133,489 2004 Grants‐NonCapital 193,111             145,421             84,259                     61,162               254,273           252,087            2,186 2005 Housing In Lieu Fee 4,209,633          26,682                831,920                   (805,239)            3,404,394        2,544,846         859,549 2006 LBID Operations 718,387             1,544,714          1,374,113                170,601             888,988           16,000              872,988 2006 LBID Improvements (2,067,697)         1,544,714          22,888                     1,521,826          (545,871)          336,000            (881,871) 2007 Chapman Estate 42,921                439,522             469,418                   (29,896)              13,025             ‐                     13,025 Capital Project Funds
3001 Capital Projects 613,814             11,543,520        11,543,520             ‐                      613,814           613,814            ‐ 3002 Public Facilities Fund 875                     1                          ‐                           1                         876                   ‐                     876 3003 Park Development Fund 594,249             191,558             483,376                   (291,818)            302,431           206,735            95,696 3101 Circulation Fees 580,090             155,154             115,270                   39,884               619,974           90,000              529,974 3102 Impact Fees 1,026,661          265,309             690,313                   (425,004)            601,657           ‐                     601,657 3103 Developer Impact Fee 62,182                165                     ‐                           165                     62,347             ‐                     62,347 3201 Underground Utility Fnd 16,466                16                       ‐                           16                       16,482             ‐                     16,482 Debt Service Funds
4001 PFA Debt Service ‐                      390,988             390,988                   ‐                      ‐                    ‐                     ‐ 4002 PF Agency Debt 5                          709,572             709,572                   ‐                      5                       ‐                     5 4101 Reass 92‐1 Fwy Fthlls 762                     1                          ‐                           1                         763                   ‐                     763 4102 Spyglass 92‐4 12,683                13                       ‐                           13                       12,696             ‐                     12,696 Enterprise Funds
6101 Water Enterprise 6,882,780          5,543,666          6,415,758                (872,092)            6,010,687        6,010,687         ‐ 6102 Water Tax (Lopez/State) 210,888             1,704,933          1,739,645                (34,712)              176,176           176,176            ‐ 6103 Water Construction Fund 1,064,892          1,841,714          1,896,907                (55,193)              1,009,699        1,009,699         ‐ 6104 Water Expansion Fund 994,609             216,405             ‐                           216,405             1,211,014        1,211,014         ‐ Water Enterprise Funds 9,153,168         9,306,717         10,052,310             (745,593)           8,407,576       8,407,576        ‐ 6201 Wastewater Treatment 7,576,680          5,822,425          5,177,212                645,213             8,221,893        8,221,893         ‐ 6202 Wastewater Capital Proj 861,761             281,119             286,645                   (5,526)                856,235           856,235            ‐ 6203 Wastewater Expansion 1,594,513          384,225             473                           383,752             1,978,265        1,978,265         ‐ Wastewater Enterprise Fund 10,032,954       6,487,769         5,464,330               1,023,439         11,056,394     11,056,394       ‐ 6301 Local Trans Transit 29,902                29                       858                           (829)                    29,073             29,073               ‐ 6401 Pier Enterprise 93,600                81,216                67,546                     13,669               107,269           107,269             ‐ 6501 Parking Enterprise 3,409,461          2,755,025          639,448                   2,115,577          5,525,038        3,514,425         2,010,613 Internal Service Funds
7101 Technology Service Fund 129,023             852,481             797,366                   55,115               184,139            ‐                     184,139 7201 Motor Vehicle Fund 2,154,880          1,132,646          1,065,965                66,681               2,221,561        365,239            1,856,322

9.E-10Council Agenda 9-6-2022

Highlights of Other Funds

Half-Cent Sales Tax Fund (1002)
The Half-Cent Sales Tax Fund is part of the General Fund which includes a 0.50% transaction sales and use tax. This tax was approved by Pismo Beach voters in June 2008, effective October 1, 2008, and renewed in November 2014, which extends the tax to March 31, 2027. The tax proceeds are used exclusively for infrastructure projects. This fund started the year with a $4.94 million beginning fund balance (after including carryforward fund balances). Projected actual revenues are $2.05 million. Projected actual expenditures are $2.00 million. After accounting for a $4.55 million carryforward of project budgets, there is a projected $437 thousand projected ending fund balance in this fund. This amount has already been appropriated to support the 2022 Paving Project in FY 2023. The following table lists the budgeted projects in this fund for FY 2022.

Table 11: Half-Cent Sales Tax Fund FY 2022 Budgeted Projects and Projected Actuals

Gas Tax Fund (2001)
The Gas Tax Fund is a Special Revenue Fund whose revenues include State gas tax funds based on the State’s apportionment formula. These funds are used for City street light costs, City traffic signal maintenance costs, and street repairs and/or capital improvements. This fund started the year with a $99 thousand beginning fund balance (after including carryforward fund balances). Projected actual revenues are $323 thousand and projected actual expenditures are $260 thousand for the 2022 Paving Project. Based on the projected revenues and expenditures for the current year and projected carryforward of budget to the next fiscal year, there is a $109 projected ending fund balance in this fund.

Local Transportation Fund (2002)
The Local Transportation Fund is a Special Revenue Fund whose funds are used for construction and maintenance of streets, bluff protection, and beach access. Revenues for this fund consist of State Transportation Development Act funds, which remain after funds are allocated for regional transit, local transit, and Ride-on services. Projected actual revenues are $312 thousand and $356 thousand of expenditures are budgeted for the 2022 Paving project. Based on the projected revenues and expenditures for the current year, there is $141 thousand projected ending fund balance for this fund.

Projects
FY 2022
Budget
FY 2022
Projected
Actuals
Ocean Blvd Improvement Project $1,516,810 $1,344,940
City Hall Parking Lot 25,000 -
Storm Drains Project 663,384 651,087
2022 Paving Project 4,010,098 -
Tennis Bball Court relocation 335,000 6,844 Total $6,550,292 $2,002,871

9.E-11Council Agenda 9-6-2022

Public Education Government Fund (2003)
The Public, Educational, and Governmental (PEG) Access Fee Fund includes revenues from a PEG Access Fee collected from cable television providers (i.e. Spectrum) with franchise operations within City limits. Expenditures include capital costs related to governmental cable broadcasting and equipment. Based on projected revenues of $30 thousand and projected expenditures of $7 thousand, the PEG Fund is expected to end the year with a $133 thousand fund balance.

Housing In Lieu Fund (2005)
The Housing In Lieu Fund is a Special Revenue Fund with revenues from a development impact fee paid to the City as an alternative to the production of affordable housing (housing in-lieu fee). These funds are used for the acquisition, construction, or rehabilitation of affordable housing. The fund is projected to have $860 thousand of funds available by the end of the year for this purpose.

Lodging Business Improvement District Fund (2006) Operations The Pismo Beach Lodging Business Improvement District (LBID) Fund for operations reflects a 1% assessment on transient rents at transient lodging providers as revenues and budgeted expenditures to promote Pismo Beach lodging businesses. The LBID Fund started the year with a $718 thousand beginning fund balance. City staff projects that LBID assessment revenues and interest earnings will be $1.54 million. Operating expenditures are projected $1.37 million. The fund is expected to end the year with an $873 thousand ending unrestricted fund balance.

LBID Fund (2006) Improvements
The LBID Fund for improvements includes a 1% assessment for physical improvements, in particular the Pier Plaza project. The LBID Fund started the year with a negative $2.07 million beginning fund balance after including a $2.32 million remaining balance on the interfund loan payable to the Motor Vehicle Replacement (MVR) Fund and pre-funding the Pier Plaza project in FY 2020 and FY 2021. City staff projects that LBID assessment revenues and interest earnings will be $1.54 million. The LBID Improvements expenditure budget includes $359 thousand for the Spyglass sidewalk under US-101, Beach Swing replacements at Addie and Main Streets, and interest costs to the MVR Fund. The second interfund loan payment is expected to be $1,245,321. The fund is expected to end the year with a negative $882 thousand ending unrestricted fund balance. The fund is expected to have a positive balance at the end of FY 2023 when the loan is paid in full.

Chapman Estate Fund (2007)
The Chapman Estate Fund reflects donations or other contributions for the Chapman Estate as revenues and ongoing maintenance and one-time infrastructure improvements to the Chapman Estate as expenditures. The fund started the year with $43 thousand and is expected to receive $440 thousand of revenues, largely due to the $382 thousand payment from the Chapman Estate trust and interest earnings. Proposed private event revenues are not anticipated at this time until the roofing project, window replacement project, and the accessible restrooms are built. Projected actual expenditures are $469 thousand, including $355 thousand that is transferred out of the Chapman Estate Fund

9.E-12Council Agenda 9-6-2022

into the Capital Projects Fund to support a portion of the Chapman Estate roofing project, $51 thousand for the Chapman Estate improvement project (window replacement and accessible restrooms), and $63 thousand for operating costs of the home and grounds and monthly maintenance costs for utilities and gardening. Although the projected revenues support the projected expenditures this fiscal year, the fund will either need General Fund support or a reduction of the transfer out of the trust funds in the future to continue to operate as the operating costs were originally anticipated to be covered by a portion of the trust fund revenues and those are now supporting the Chapman roof project.

The remaining projected ending balance of this fund is $13 thousand.

Park Development Fund (3003)
The Park Development Fund is a Capital Project Fund with Quimby Act (park development in-lieu) fees and Impact Fees as funding sources to support construction costs of new parks and park lands, and the enhancement of existing parks to serve new development. The fund started the year with $594 thousand and is projected to receive $192 thousand in revenues. Projected actual expenditures total $483 thousand and include the following projects.

Table 12: Park Development Fund FY 2022 Budgeted Projects

The fund is expected to end the year with a $96 thousand ending fund balance, which can be used for the future Palisades and Chumash Park improvements project in FY 2023.

Water Enterprise Fund (6101)
The Water Enterprise Fund is an Enterprise Fund consisting of revenues from water billings and expenditures for: contract meter reading; direct water services and supplies; on-going inspection, repair, and maintenance of the City’s wells, tanks, booster stations, hydro-pneumatic system, and water distribution system components; water conservation efforts; and ensuring that a safe, drinkable supply of water is provided to Pismo Beach.

Water revenues are projected to be $5.54 million and expenditures are projected to be $6.42 million.

The projected ending fund balance for the Water Enterprise Fund is $6.01 million, which is allocated for future water system capital costs, including the Central Coast Blue project.

Projects
FY 2022
Budget
FY 2022
Projected
Actuals
Dinosaur Caves Restroom 384,038$ 381,046$
Price Historic Park/ Meherin House 141,366 84,548
Palisades Park improvements 100,000 13,075
South Palisades Outdoor fitness equipment/trail 60,000 - Overhead costs 4,707 4,707
Total 690,111$ 483,376$

9.E-13Council Agenda 9-6-2022

Note that the Water Enterprise Fund also includes the Water Tax, Water Construction, and Water Expansion Funds and the ending fund balance across all these funds is $8.41 million.

Wastewater Treatment Fund (6201)
The Wastewater Treatment Fund is an Enterprise Fund consisting of revenues from wastewater billings and expenditures for direct services and supplies; operation and maintenance of the City’s wastewater treatment plant and the wastewater collection facilities including pumps and pipelines; and ensuring the City’s treatment and collection system operations meet City, federal, and state laws and requirements. The ending fund balance is $8.22 million which is already allocated for other wastewater capital projects.

Note that the Wastewater Treatment Funds also include the Wastewater Capital Fund and the Wastewater Expansion Fund. The total combined ending fund balance across all these funds is $11.06 million.

Pier Enterprise Fund (6401)
The Pier Enterprise Fund includes revenues from a concession lease on the Pier and expenditures for repair and maintenance of the Pier, Promenade, and nearby facilities.

The beginning fund balance is $94 thousand and projected revenues are $81 thousand, primarily from revenues from the Pier Airstreams. Projected expenditures are $68 thousand, including $61 thousand primarily for pier and pier plaza operating costs. The Pier Enterprise Fund is expected to end the year with a $107 thousand ending fund balance.

Parking Enterprise Fund (6501)
The Parking Enterprise Fund is an Enterprise Fund consisting of revenues from parking kiosks, parking citations, and parking permits to support a Parking Supervisor and implement the goals of the Pismo Beach Parking Management Plan to administer existing parking more efficiently, provide more downtown parking, improve enforcement and parking management, and provide funds for future parking structures. Revenues are projected to reach $2.76 million to fund operating expenditures of $636 thousand.

In addition to operating expenditures, the budget includes $3.77 million for one-time projects, including $2.51 million for the purchase of property to increase the City’s parking inventory, $750 thousand for paving the parking lots, $250 thousand for a Police Downtown Sub-station, $101 thousand for the Secure Communication Radio project, $100 thousand for the Addie Street Parking and Access Improvements project, $35 thousand for the Parking Management Study, $19 thousand for additional parking meters, $4 thousand for a radio system upgrade and reliability project, and $825 for other projects.

The FY 2022 projected ending fund balance is $2.01 million.

Motor Vehicle Replacement Fund (7201)
The Motor Vehicle Replacement (MVR) Fund is an Internal Service Fund that funds the City’s motor vehicle operations and maintenance and motor vehicle replacements for various City departments. These costs are funded by accumulated fund balance, transfers from other funds, and motor vehicle rental charges to other funds. In FY 2020, the MVR Fund is provided a $3.28 million interfund loan from its cash balance to the LBID

9.E-14Council Agenda 9-6-2022

Fund for the Pier Plaza project. Consequently, the MVR Fund has a $2.15 million beginning fund balance. The interfund loan is anticipated to be paid overtime during FY 2021 through FY 2023. The FY 2022 projected ending fund balance is $1.86 million, which are accumulated funds necessary to fund future replacements.

FISCAL IMPACT:

There is no fiscal impact from receiving this report as it is information only.

ALTERNATIVES:

1. Request additional information from staff.

ATTACHMENTS:

None
Prepared by: Meeting Date: September 6, 2022
Nadia Feeser, Administrative Services Director
City Manager Approval:

9.E-15Council Agenda 9-6-2022

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.F
SUBJECT/TITLE:

NOTICE OF COMPLETION FOR THE SHELL BEACH WATER RESERVOIR #1

REPLACEMENT PROJECT
RECOMMENDATION:

Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the Shell Beach Water Reservoir #1 Replacement Project.

BACKGROUND:

On June 16, 2021, the City Council awarded a contract to Crosno Construction, Inc. for the Shell Beach Water Reservoir #1 Replacement Project. The project replaced the existing reservoir that had reached the end of its useful life with a new reservoir.

Conclusion and Recommendation
Crosno Construction, Inc. has completed the contracted services and the Shell Beach Water Reservoir #1 Replacement project has been completed in accordance with the plans, specifications, and contract documents. Staff recommends that the City Council accept the project as complete and authorize the Notice of Completion (Attachment 1) to be recorded at the County Clerk’s office.

FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

ALTERNATIVES:

1.Since Crosno Construction, Inc. has completed its contractual obligations, the only option recommended is for City Council to approve the Notice of Completion.

ATTACHMENTS:

1.Notice of Completion
Prepared by: Meeting Date: September 6, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

Council Agenda 9-6-2022 9.F-1

RECORDING REQUESTED BY:

WHEN RECORDED, RETURN TO:

CITY CLERK

CITY OF PISMO BEACH
760 MATTIE ROAD
PISMO BEACH, CA 93449

NO TRANSFERORS

This document is recorded for the benefit of the City of Pismo Beach, a Municipal Corporation, and is exempt from fee per Government Code Section 27383.

NOTICE OF COMPLETION AND ACCEPTANCE
FOR SHELL BEACH WATER RESERVOIR #1 REPLACEMENT PROJECT

NOTICE IS HEREBY GIVEN by the City of Pismo Beach in the County of San Luis Obispo, State of California, as follows:

1. That on the 6th of September 2022, the project hereunder described was considered completed and accepted by the City Council of the City of Pismo Beach.

2. That the description of said project is the construction of the Shell Beach Water Reservoir #1 Replacement Project, for the City of Pismo Beach.

3. That the name of the political subdivision controlling said project, and the owner of the land upon which the project was constructed, is the City of Pismo Beach, in the County of San Luis Obispo, State of California, whose address is 760 Mattie Road, Pismo Beach, CA 93449.

4. That the name of the owner/contractor on said project is Crosno Construction, Inc., 819 Sheridan Road, Arroyo Grande, CA 93420.

5. The name of the Surety on the project is Travelers Casualty and Surety Company of America, 11070 White Rock Rd. #130, Rancho Cordova, CA 95670.

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Date:

James R. Lewis, City Manager
Attest:

Erica Inderlied, City Clerk
Council Agenda 9-6-2022 9.F-2
Attachment 1

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G
SUBJECT/TITLE:

AGREEMENT WITH URBAN PLANNING CONCEPTS, INC. FOR IN-HOUSE

PLANNING SERVICES
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute an agreement for an amount not to exceed $126,000 with Urban Planning Concepts, Inc. for professional in-house planning services.

BACKGROUND:

Since February 2018, the City has contracted with Urban Planning Concepts, Inc. (UPC) for various professional planning services. When the City began undertaking the update to the General Plan/Local Coastal Program (GP/LCP) in mid-2019, this work was being managed by Brian Schwartz of UPC. At the beginning of the COVID-19 pandemic, the UPC contract was temporarily suspended and work on the GP/LCP was managed by staff. The previous contract was resumed beginning July 1, 2021, along with additional funding authorized by the Council in the form of a new agreement on September 7, 2021, and Schwartz has resumed management of the GP/LCP update to ensure a continued high-level quality of services. As a result of the Joint City Council/Planning Commission workshops to review the GP/LCP update, which were not factored into the initial project budget, but have proven to be central to the success of the project, contract funds have been expended. A new contract with UPC is needed in order to continue work on the project, as the GP/LCP update remains a Council Goal.

During his time with the City, in addition to work on the GP/LCP update, Schwartz has managed several important City initiatives through adoption, including the Circulation Element Update and Accessory Dwelling Unit ordinances of 2018, the 5th Cycle Housing Element Update, and review of development projects.

Conclusion and Recommendation
Staff has determined that contracting with UPC has resulted in an efficiency of work and delivery of services. Given the Planning Division’s current workload, the importance of the GP/LCP update, and the firm’s previous experience with Pismo Beach, staff recommends adoption of a Resolution (Attachment 1) authorizing a new contract with UPC in an amount not to exceed $126,000 (Attachment 2). This new contract is being awarded as a sole-source procurement as UPC is familiar with the City’s planning process and the GP/LCP update, and the proposed cost is reasonable and fair. This contract amount would allow an average of 15-20 hours per week dedicated to the City’s GP/LCP update and other tasks as needed (scope provided as Attachment 1.A).

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution supporting the agreement between the City and UPC will be an amount not to exceed $126,000 in the Fiscal Year

9.G-1Council Agenda 9-6-2022

(FY) 2023 General Fund Community Development Department Planning Division Local Coastal Plan Update project. These costs were budgeted as part of the FY 2023 Mid- Cycle Budget adjustments approved by Resolution R-2022-075.

ALTERNATIVES:

1. Decline to award the contract as recommended; provide staff with alternative direction.

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Scope of Services

2. Urban Planning Concepts, Inc. Contract
Prepared by: Meeting Date: September 6, 2022
Matthew Downing, Community Development Director
City Manager Approval:

9.G-2Council Agenda 9-6-2022

RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR AN AMOUNT NOT TO EXCEED $126,000 IN FISCAL YEAR 2023 WITH URBAN PLANNING CONCEPTS, INC. FOR PROFESSIONAL IN-HOUSE PLANNING

SERVICES
WHEREAS, since February 2018, the City has contracted with Urban Planning Concepts, Inc. for various professional planning services; and
WHEREAS, the City is nearing the end of the update to the General Plan/Local Coastal Program, which has been managed by Urban Planning Concepts, Inc. and there is a need for continued project management; and
WHEREAS, Urban Planning Concepts, Inc. personnel have provided the City with a high level of skill and experience to assist with advanced planning services; and WHEREAS, Urban Planning Concepts, Inc. will continue to provide valuable assistance with the Local Coastal Program update; and
WHEREAS, the costs of these renewed services were budgeted as part of the Fiscal Year (FY) 2023 Mid-Cycle Budget adjustments in the General Fund Community Development Department Planning Division Local Coastal Plan Update project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute an agreement with Urban Planning Concepts, Inc. for in-house planning services in an amount not to exceed $126,000 (scope provided as Exhibit A) 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 6th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

9.G-3Council Agenda 9-6-2022
Attachment 1

2624 AIRPARK DRIVE ● SANTA MARIA, CALIFORNIA 93455 ● 805/934-5760 ● FAX 805/934-3448 www.urbanplanningconcepts.com
upc URBAN

PLANNING
CONCEPTS, INC.

URBAN DESIGN ● LAND PLANNING ● ENVIRONMENTAL ANALYSIS
August 1, 2022
Mathew Downing, AICP
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
Re: Proposal Addendum for Planning Services
Dear Mr. Downing,
It has been a pleasure working with you and your staff at the City’s Planning Division. UPC was hired by the City in 2018 to assist with a variety of tasks including an update to the General Plan and Local Coastal Program (GP/LCP). An approximate one year pause in services in 2020 was taken due to the pandemic. UPC was rehired in June 2021 to continue planning services associated with the GP/LCP.

To date significant progress has been made on the GP/LCP with draft documents produced for the Land Use, Noise, Safety, Circulation, and Conservation and Open Space Elements. A draft zoning code has been completed as well as the draft Environmental Impact Report (EIR).

Our contract was intended to accommodate one year of planning services, through the local public hearing process. However the City Council has decided to review each document in closer detail than was anticipated, through a series of study sessions. There were a total of six monthly study sessions scheduled, three of which have already occurred.However based on the amount of content covered in the study sessions thus far, we anticipate a minimum of four more study sessions prior to starting the public hearing process. This does not include study sessions for the updated zoning code.

Services
Urban Planning Concepts will continue to provide the following services for the overall project management for the GP/LCP and Zoning Code / Coastal Implementation Plan including but not limited to:
x Review and revise documents - We suggest that UPC become the editor of the General Plan /Local Coastal Program Elements. This will provide a streamlined approach to editing the documents based on decisionmaker feedback and comments. x Attend and present projects at Planning Commission and/or City Council study sessions and public hearings.
x Produce meeting notes and memorandums based on decisionmaker comments. x Produce staff reports and prepare powerpoint presentations. x Attend meetings with planning staff to review and discuss work products as they relate to policy and regulatory revisions.
x Attend regularly scheduled meetings with consultant team and Coastal Commission staff.

9.G-4Council Agenda 9-6-2022
Attachment 1A

Mathew Downing, AICP
City of Pismo Beach
August 1, 2022

Page 2 of 2 ends

x Maintain and monitor project schedules and budget.
x Continued grant management including Coastal Commission and SB2 grants.

Cost Estimate
We propose a not to exceed budget of $126,000 with average monthly billing of approximately $10,500. This budget will provide for an average of 15 hours of dedicated planning services per week at $175 per hour for the next twelve months. This reflects a reduced rate based on our appreciation of our working relationship.

We have greatly enjoyed our working relationship and look forward to continued opportunities. Please call me if you have any questions or would like additional information.

Sincerely,

Brian Schwartz, AICP
Principal Planner

9.G-5Council Agenda 9-6-2022
Attachment 1A

1 of 12
Vendor Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES

This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Urban Planning Concepts, Inc. (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:

In-house Planning Services.

VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR

VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. CITY’s City Manager may approve additional work not to exceed thirty thousand dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.

II. TERM

Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through September 30, 2023. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.

III. COMPENSATION

A. VENDOR’s Fee

For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of one hundred twenty-six thousand dollars ($126,000.00), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

2 of 12
Vendor Agreement (Rev. 2/2/2018)

B. Schedule of Payment

VENDOR will submit invoices monthly for actual services performed and associated expenses.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.

IV. TERMINATION OF AGREEMENT

A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.

V. FORCE MAJEURE

If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.

VI. RETENTION OF FUNDS

VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.

VII. CITY REPRESENTATIVE

The Community Development Director is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by

9.G-6Council Agenda 9-6-2022
Attachment 2

3 of 12
Vendor Agreement (Rev. 2/2/2018)
CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

VIII. VENDOR REPRESENTATIVE(S)

The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.

IX. INDEPENDENT CONTRACTOR

VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

X. BUSINESS LICENSE

VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XI. OTHER LICENSES AND PERMITS

VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS

A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.

B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR

4 of 12
Vendor Agreement (Rev. 2/2/2018)
hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.

XIII. INDEMNIFICATION

A. Non-design, non-construction Professional Services:

To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

B. Non-design, construction Professional Services:

To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

C. Design Professional Services:

9.G-7Council Agenda 9-6-2022
Attachment 2

5 of 12
Vendor Agreement (Rev. 2/2/2018)
losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault.

However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.

D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.

XV. INSURANCE

A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

6 of 12
Vendor Agreement (Rev. 2/2/2018)

3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.

4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.

B. Other provisions or requirements:

1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.

2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.

3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.

9.G-8Council Agenda 9-6-2022
Attachment 2

7 of 12
Vendor Agreement (Rev. 2/2/2018)

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under

8 of 12
Vendor Agreement (Rev. 2/2/2018)
the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.

14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.

15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.

XVI. SUBCONTRACTORS

Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;

B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and

C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.

XVII. CONFLICT OF INTEREST

No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.

9.G-9Council Agenda 9-6-2022
Attachment 2

9 of 12
Vendor Agreement (Rev. 2/2/2018)
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

XVIII. NOTICE

All notices, requests, demands, or other communications under this AGREEMENT will be in writing.

Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.

D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.

E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.

Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.

F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.

XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING

This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.

The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.

10 of 12
Vendor Agreement (Rev. 2/2/2018)
XX. INTERPRETATION

The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.

XXI. SEVERABILITY

If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.

XXII. TIME OF ESSENCE

Time is of the essence in the performance of this AGREEMENT.

XXIII. GOVERNING LAW; JURISDICTION

This AGREEMENT will be administered and interpreted under the laws of the State of California.

Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS

VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.

XXV. WAIVER OF BREACH

No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.

XXVI. ATTORNEY’S FEES

Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

9.G-10Council Agenda 9-6-2022
Attachment 2

11 of 12
Vendor Agreement (Rev. 2/2/2018)
XXVII. EXHIBITS

All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference. In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.

XXIX. INTEGRATION; AMENDMENT

This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

Signatures begin on next page.

12 of 12
Vendor Agreement (Rev. 2/2/2018)
CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Matthew J. Downing
Title: Community Development Director
Dated: ________________________________

Signed:

Name: James R. Lewis
Title: City Manager
Dated: ________________________________

Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

Name: David M. Fleishman
Title: City Attorney
VENDOR:

Urban Planning Concepts, Inc.

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice (See Section XVIII):
______________________________________
______________________________________

Email address for official communications:
______________________________________

Vendor Representative (See Section VIII):

Name/Title: ____________________________

Attachments:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule

9.G-11Council Agenda 9-6-2022
Attachment 2

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.H
SUBJECT/TITLE:

AWARD OF CONTRACT TO WIP, INC. FOR THE INSTALLATION OF AUTOMATED

AUDIO-VISUAL PRODUCTION EQUIPMENT IN THE COUNCIL CHAMBER RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute an agreement with PBR Enterprises, Inc., DBA WIP, for the installation of Automated Council Chamber Audio- Visual Production Equipment in the amount of $127,245.47 in Fiscal Year 2023, and making related budget adjustments.

BACKGROUND:

Since the City began broadcasting its City Council and Planning Commission meetings live on TV, contract cablecasting operators have been utilized to provide the broadcasting services. Since 2010, the City has contracted with local radio station KCBX for these services. In early 2022, as the current contract term end approached, KCBX informed the City of its intent to discontinue the cablecasting portion of its business model, and the City began evaluating its options for maintaining the cablecasting of legislative meetings.

Potential options identified included finding a new cablecasting firm, as similar to the existing arrangement as possible; hiring qualified individuals to act as cablecasting contractors; hiring new staff or using existing staff to perform cablecasting services; automation of meeting video and sound production in order to minimize the need for human operators as much as possible; and lowering production standards to the broadcast of a single wide-angle shot of the Chamber for the duration of the meeting, similar to a number of other cities.

Interim Staffing Solution
An RFP was issued in an effort to maintain the status quo and find a new vendor for contract cablecasting operations services, but no responsive proposals were received.

Options for staffing the meeting with individual contractors or staff employees were then evaluated, and since that time the City has utilized two individual staff members with appropriate skill sets to maintain continuity of cablecasting operations for the approximately four evening legislative meetings per month that require live broadcast.

However, staff has determined that relying on a very small pool of two staff people to maintain operations for weekly meetings will not be a sustainable long-term approach to guaranteeing that all City Council and Planning Commission meetings are reliably broadcast.

Long-Term Automated Solution
Because approaches that rely on either vendors or staff have not proven viable at this time, staff began talking to other public agencies who have been unable to secure reliable cablecasting services in recent history and found that several other neighboring agencies are exploring the implementation of automated audio-visual equipment in their meeting

9.H-1Council Agenda 9-6-2022

Chambers. Staff then released an RFP in early August to locate a vendor to procure, install, and train staff on the use of such automated equipment. One responsive proposal, from WIP, Inc. (cost proposal provided Attachment 1A) was received. The proposal includes a phased solution that would first install an automated camera system capable of automatically switching between meeting participants using voice detection and utilizing a library of pre-set views to assemble the camera angles in production-quality video. This approach would provide the closest approximation of the current viewer experience on both Channel 20 and webstream, and will provide added benefits including the ability to easily receive remote technical support. In addition, audio reconfiguration will improve viewer experience for those participating via Zoom, when a virtual access option is offered. An additional phase of the project would involve replacement of the microphones and other audio equipment, to provide an enhanced audio experience for both in-room and remote participants.

The City has partnered successfully on past technology-related projects, including prior work on the Council Chamber audio-visual system, with WIP and its staff. Staff believes that WIP has demonstrated the capability to procure and install the necessary equipment, and train department staff on the use of the same, eliminating the need for humans to provide specialized cablecasting services for the full duration of legislative meetings.

Conclusion and Recommendation
Because the implementation of an automated audio-visual production system is the only viable mid- to long-term solution currently available for the broadcasting of legislative meetings in the Council Chamber, staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute an agreement with WIP, Inc. (Attachment 2) for the installation of Automated Council Chamber Audio-Visual Production Equipment in the amount of $127,245.47 in Fiscal Year 2023, and making related budget adjustments.

FISCAL IMPACT:

As the proposed project consists entirely of capital improvements related to governmental cable broadcasting and equipment in the Council Chamber, it may be funded with Public, Educational, and Governmental access (PEG) Funds. These funds are passed through by Charter Spectrum under its Franchise Agreement with the City for its operations in Pismo Beach. Of these PEG funds, $100,000 was appropriated on August 16, 2022 as part of the Council’s Mid-Cycle Budget Adjustments for FY 2022 and 2023, leaving a project shortfall of $27,245.47. There is currently a projected $33,489 of PEG Fund available fund balance as of June 30, 2022.

Staff recommends that, as part of the action to award this contract, the remaining $27,246 be appropriated from the PEG Fund available fund balance to the Council Chamber Automated Camera System Project.

ALTERNATIVES:

1. Do not adopt the resolution; provide other direction to staff on the broadcasting of legislative meetings.

9.H-2Council Agenda 9-6-2022

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Cost Proposal

2. Agreement
Prepared by: Meeting Date: September 6, 2022
Erica Inderlied, City Clerk
Submitted by: Jorge Garcia, Assistant City Manager
City Manager Approval:

9.H-3Council Agenda 9-6-2022

RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PBR ENTERPRISES, INC., DBA WIP, FOR THE INSTALLATION OF

AUTOMATED COUNCIL CHAMBER AUDIO-VISUAL PRODUCTION EQUIPMENT IN THE AMOUNT OF $127,245.47 IN FISCAL YEAR 2023, AND MAKING RELATED

BUDGET ADJUSTMENTS
WHEREAS, the City’s long-time cablecasting operations vendor recently declined to renew its contract with the City, at which time staff evaluated options for continuity of live broadcasting for City Council and Planning Commission meetings; and WHEREAS, staff has found that qualified and available vendors and staff are not readily available to perform these services, and therefore investigated the possibility of switching to an automated audio-visual production system in order to assure the ability to continue to broadcast legislative meetings in the Council Chamber; and WHEREAS, the City issued an RFP to locate a vendor qualified to procure, install, and provide staff the necessary training on an automated system, and one responsive proposal, from WIP, Inc., was received; and
WHEREAS, an automated audio-visual production system will provide meeting viewers and participants with the closest possible approximation of the City’s current production standards, given the present limitations on the availability of both staff and contract operators; and
WHEREAS, staff has determined that WIP possess the necessary experience, qualifications, and project understanding, for successful implementation of the system.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute an agreement with PBR Enterprises, Inc., DBA WIP, Inc. (scope and cost proposal provided as Exhibit A) for the installation of Automated Council Chamber Audio-Visual Production Equipment in the amount of $127,245.47 in Fiscal Year 2023.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $27,246 in the Public, Educational, and Governmental (PEG) Fund Council Chamber Automated Camera System Project from the PEG Fund available fund balance in Fiscal Year 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 6th day of September 2022, by the following vote:

Attachment 1

9.H-4Council Agenda 9-6-2022

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1

9.H-5Council Agenda 9-6-2022

pg. 6(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012

SCOPE OF WORK

EXECUTIVE SUMMARY
The City of Pismo Beach has a subcontractor that operates the production system for the City Council meetings in the Council Chambers. The contract is up for renewal at the end of July and the contractor has elected not to renew. This will leave the City without an operator until a new operator can be found or a different production solution can be implemented.

WIP has recognized that this situation is becoming more and more common for munici- palities. The engineering team at WIP has been exploring options for local government clients for some time to develop alternatives solutions to help eliminate the need for operators during a live meeting.

The frequency of meetings, the time at which meetings occur, and the associated tasks to prep and finalize a meeting; does not warrant a full-time staff member. This is typ- ically why this job is subcontracted to a third-party. During the pandemic, City Council meetings could not be held in the same manner as before and subcontracted operators were not needed. The subcontractors staffing these meetings needed to downsize and/ or eliminate these positions to remain in business if they managed to survive at all. This made the return to chambers much more difficult for municipalities. With no one to op- erate their meetings, they typically relied on the IT staff to perform these duties but it is not ideal and not sustainable. Another solution would be needed.

Over a year ago, WIP was introduced to 1Beyond who makes an automated production system that is voice-activated. Operators were not needed to switch cameras, overlay graphics, and run a meeting. WIP immediately identified that this system would be an acceptable alternative to live operators and began promoting the solution to its existing customers. WIP wasn’t the only organization that recognized the potential of this system.

Crestron, the world leader in audiovisual distribution and automation purchased 1Be- yond and is bringing the solution to the masses.

WIP believes this will be a great solution for the City of Pismo.

Based on an initial site visit and evaluation of your existing hardware, your existing audio system is compatible with the 1Beyond system and integration should be straight forward.

Attachment 1A

9.H-6Council Agenda 9-6-2022

pg. 7(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012
The 1Beyond system will utilize your existing gooseneck microphones and audio DSP to identify when a person is speaking and will automatically aim an available (non-live) camera at that person, then take the camera live. The system can even include basic lower-thirds graphics for delegate naming.

The new system will replace the video switcher and existing cameras. Up to (7) sources can be added to this system, for this project, (6) cameras plus (1) content input will be used.

WIP will work with the City to review previous meetings and will develop on-screen graphics such as dual box layouts, picture-in-picture layouts, and lower thirds graphics for delegate naming.

Optionally, WIP has included the cost to replace the microphone system. These compo- nents are on VERY long back order and as such have their own labor for a future return trip. It is not necessary to upgrade the microphone system for the main project, however if the City is interested in upgrading the microphone system, it is best to get the items on order now. Discussion systems include built-in speakers at each mic to make it easier for each delegate to hear the others along with program audio.

It’s important to note that a staff member will still be necessary for channel program- ming which includes trimming recorded video once a meeting is finished, adding the recording to your channel programming, and scheduling regular playback. Depending on your internal policies and legal requirements, this can be performed the following day during regular business hours.

Attachment 1A

9.H-7Council Agenda 9-6-2022

pg. 8(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012

DESCRIPTION OF WORK

1. Before installation, WIP will provide the City with submittals including: GUI sam- ples, shop drawings, and operational documentation to finalize the system design and operation.

2. WIP will remove the existing PTZ cameras and production switcher and provide them to the City for storage, re-purposing, or disposal.

3. WIP will clean up all audio cabling connected to the QSC DSP and its compo- nents. The existing terminations are very messy and based on the photos taken at the site, could short out. WIP will re-terminate all connections to the device and re-dress the cables.

4. WIP will provide and install (6) new PTZ cameras in place of the existing cam- eras. The 6th camera will be new and be installed directly next to the center PTZ camera that captures the wide shot. Two cameras are necessary for this position.

5. WIP will provide and install a Crestron control system to operate the room ‘modes’ and for room audio controls. Since no operator will be present, a staff member will need to adjust room volume as needed. WIP will also enable several automatic level controls in the audio system to manage microphone levels and program audio levels to broadcast. The system should run 95% automated with minor interaction needed for starting a meeting, mode selection, and manual au- dio overrides as needed.

6. WIP will provide and install a new iPad GUI for a person such as the clerk to select the appropriate ‘mode’ based on the agenda. For example, during public comment; a mode for public comment can be made that would utilize a dual box that would show the podium and the delegates they are interacting with. This is a web-based GUI that can be run from any PC or mobile device. The iPad makes it fast and easy to select a mode. This quote includes a tabletop charging station that will be installed next to the clerk and a wall mounted charging station that Attachment 1A

9.H-8Council Agenda 9-6-2022

pg. 9(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012
will be installed in the booth for securely storing the iPad, both will charge the tablet. WIP will work with the City to determine how many modes would be need- ed and how they would operate to produce a show that would mimic or improve their previous productions.

FINAL CONSIDERATIONS

1. The Crestron system will be programmed to start a recording on the Nexus and switch the video routes to take the control and send live video to the public. However, it will not handle channel programming, filenames, etc.

Someone will still need to manage the video files and schedule playback.

2. This system will be built with remote support and assisted operation in mind.

The cameras and switcher will all be NDI capable should the booth need to be relocated to another location. Full remote operation is available via network for the future.

3. The Crestron GUI will include a desktop application so that the system can be remotely controlled.

4. WIP strongly recommends dedicating a small PC in the rack for remote support. This PC would be loaded with all application and files needed to make changes or operate the system remotely as needed.

5. Some user interaction will still be necessary during a meeting. ‘Start a meeting’ button will exist on the iPad. This will start a recording in the nexus, switch video to take control and send live video to the public. ‘Stop meeting’ - will stop the recording in the Nexus and switch to the virtual channel.
‘Mode selection’ - will change how the system presents video to the pub- lic. Changing modes will not be necessary all the time, but this will pro- vide some additional options as you advance through the agenda.

Manual Audio Override – some sliders will be present to make minor ad- justments should the system require it. The auto-leveling blocks in the DSP have limits that are set to prevent too much automatic adjustment on the systems behalf. A very quiet talker or a person speaker very far away from a microphone may need minor adjustments made.

6. Last, this is a new technology that is custom integrated. As with any new custom system, a debugging period should be anticipated to work out the kinks, address design flaws, and smooth out operation.

Attachment 1A

9.H-9Council Agenda 9-6-2022

pg. 2(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012

BILL OF MATERIALS
Qty Manufacturer Model Short Description Price

REQUIRED COMPONENTS
1 CRESTRON IV-SAM-VXP-1B AUTOMATED MULTI-CAMERA SOLUTION WITH VOICE-ACTIVATED SWITCH- ING
$10,995.00
1 CRESTRON IV-PROSERVICE-1B 1BEYOND PROFESSIONAL SYSTEM COMMISSIONING $2,000.00 6 CRESTRON IV-CAMPTZ-20-SLVR-1B HIGH-QUALITY PTZ CAMERA WITH POE+$14,970.00 1 WINDY CITY WIRE '556600 BULK - CAT6E PLENUM - WHITE $216.00 1 WINDY CITY WIRE RG6HDP-BLK BULK - RG 6/U PLENUM FOR VIDEO - BLACK $558.00 1 MAGEWELL '32070 HD-SDI TO USB SIGNAL CONVERTER $332.22 1 WINDY CITY WIRE RG6HDP-BLK BULK - RG 6/U PLENUM FOR VIDEO - BLACK $18.60 1 Liberty Wire & Cable E-USB3AB-06 6 FT USB 3.0 A TO B CABLE - BLACK $7.60 2 1BEYOND 1BAAC-MCJ J SHAPED CEILING MOUNT FOR AUTOTRACKER/AUTOFINDER OR PTZ

CAMERAS
$270.00
1 APPLE IPAD 10.2IN 32GB WIFI IPAD 10.2IN 32GB WIFI - 7TH GENERATION $329.00 1 IPORT '71017 IPORT - LUXE - CASE FOR IPAD IPAD PRO 10.5-INCH | IPAD AIR 10.5-INCH (3RD GEN) - WHITE
$350.00
1 IPORT '71002 LUXEPORT BASE STATION WHITE INCLUDES POWER SUPPLY $435.00 1 IPORT '71005 LUXEPORT WALL STATION WHITE $375.00
1 LUXUL XPE-2500 SINGLE PORT GIGABIT POE/POE+ INJECTOR 30W WITH US POWER CORD
$56.18
1 WINDY CITY WIRE '556600 BULK - CAT6E PLENUM - WHITE $36.00 1 APPLE ITUNES GIFT CARD CRESTRON IPAD APP $99.00
1 BLACKMAGIC DESIGN Mini Converter HDMI to SDI 6G MINI CONVERTER HDMI TO SDI 6G - CONVERT FROM HDMI DEVICES TO SDI VIDEO IN SD, HD AND ULTRA HD VIDEO FORMATS.
$195.00
1 WINDY CITY WIRE RG6HDP-BLK BULK - RG 6/U PLENUM FOR VIDEO - BLACK $7.44 1 LIBERTY AV SOLUTIONS Z100HDE06FT 6 FT - STANDARD HIGH SPEED HDMI CABLE - 18 GBPS $9.60 1 CRESTRON RMC4 4-SERIES CONTROL SYSTEM $785.71
1 C2G '00728 6 FT CAT6E SNAGLESS CABLE - BLACK $15.99
1 BLACKMAGIC DESIGN BMD-CONVMSDIDA4K HD-SDI DISTRIBUTION AMPLIFIER $315.00 1 BLACKMAGIC DESIGN BMD-CONVMBSH4K6G SDI to HDMI 6G CONVERTER $199.00 1 SNAPAV OVRC-300-PRO OVRC PRO LIFETIME LICENSE + GIGABIT HUB $871.95 1 SNAPAV KIT-UPS-IPVM12-1500 WATTBOX UPS + SURGE CONDITIONER KIT 1500VA, 12-OUTLET $1,687.62 1 BLACKMAGIC DESIGN BMD-CONVMASA MINI CONVERTER - SDI TO ANALOG $215.00 MISC. MATERIALS AND ACCESSORIES $2,827.99
SHIPPING AND FREIGHT $2,120.99
SERVICE PLAN $4,602.24
SALES TAX $2,958.79
SUBTOTAL $47,859.92

REQUIRED LABOR
ADMINISTRATOR LABOR STANDARD ADMIN LABOR $160.00

DOCUMENT FEE DOCUMENT CREATION, DUPLICATION, AND PRINTING FOR SHOP DRAW- INGS
$95.00
D&E - HOURLY DESIGN AND ENGINEERING $7,000.00
PROJECT MANAGEMENT - HOURLY PROJECT MANAGEMENT $880.00
Attachment 1A

9.H-10Council Agenda 9-6-2022

pg. 3(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012
Qty Manufacturer Model Short Description Price
PROGRAMMING - DSP AUDIO SYSTEM EQUALIZATION AND PROGRAMMING $2,800.00 LEAD TECH - DAY RATE LEAD TECH LABOR - DAY RATE $3,240.00 TECH LABOR - DAY RATE STANDARD TECH LABOR - DAY RATE $5,040.00 DEBUGGING SYSTEM DEBUGGING DURING OR POST INSTALLATION $2,800.00 LODGING AND PER DIEM HOTEL AND FOOD DURING INSTALLATION $3,750.00 TRAVEL - HOURLY TRAVEL - HOURLY $1,080.00
PROGRAMMING - CONTROL SYSTEM CONTROL SYSTEM PROGRAMMING $7,000.00 TRAINING TRAINING LABOR - (2) HALF DAY SESSIONS $880.00 SUBTOTAL $34,725.00
REQUIRED GRAND TOTAL $82,584.92

OPTIONAL COMPONENTS - REPLACEMENT MICROPHONE SYSTEM
1 SHURE MXCWAPT-A WIRELESS ACCESS POINT - POE - UP TO 125 CONF UNITS $3,752.86 13 SHURE MXCW640 WIRELESS CONFERENCE UNIT (INCLUDES SB 930 BATTERY)$19,500.00 1 SHURE SB930 SPARE RECHARGEABLE BATTERY FOR MXCW640 $2,247.14 1 SHURE MXC420DF/C CARDIOID DUAL-FLEX GOOSENECK MICROPHONE (20 in/50 cm)$2,692.86 2 SHURE MXCWNCS 10-BAY BATTERY CHARGER $2,207.14
1 CRESTRON IV-PROSERVICE-1B 1BEYOND PROFESSIONAL SYSTEM COMMISSIONING $2,000.00 EQUIPMENT SUBTOTAL $32,400
LEAD TECH - DAY RATE LEAD TECH LABOR - DAY RATE $2,160.00 TECH LABOR - DAY RATE TECH LABOR - DAY RATE $1,680.00
LODGING AND PER DIEM HOTEL AND FOOD DURING INSTALLATION $1,500.00 TRAVEL - HOURLY TRAVEL - HOURLY $720.00
LABOR SUBTOTAL $6,060
MISC. MATERIALS AND ACCESSORIES $1,620.00
SHIPPING AND FREIGHT $1,944.00
SALES TAX $2,636.55
OPTIONAL SECTION SUBTOTAL $44,660.55
GRAND TOTAL W/OPTIONAL ITEMS $127,245.47

PAYMENT SCHEDULE (NO OPTIONAL ITEMS)
EQUIPMENT DEPOSIT $44,901.13
SUBSTANTIAL COMPLETION $33,915.41
FINAL $3,768.38

PAYMENT SCHEDULE (WITH OPTIONAL ITEMS)
EQUIPMENT DEPOSIT $80,865.13
SUBSTANTIAL COMPLETION $41,742.31
FINAL $4,638.03
Attachment 1A

9.H-11Council Agenda 9-6-2022

1 of 10

CITY OF PISMO BEACH

CONSTRUCTION SERVICES AGREEMENT
This Construction Services Agreement (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation ("CITY"), and PBR Enterprises Inc., dba WIP ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK
CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall furnish at its own cost all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the installation of the Council Chamber Automated Production System Project (hereinafter “Project”).

By entering into this AGREEMENT, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, CITY, the Project Manager, the Public Works Director/City Engineer, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, CONTRACTOR will have no remedy, and hereby expressly waives any remedy against CITY, the Project Manager, or the Public Works Director/City Engineer on account of delay, hindrance, interference or other events caused by a separate contractor.

II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule. All work shall commence fifteen (15) calendar days after receiving a written Notice to Proceed from CITY or Project Manager, if a Project Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within 60 working days (“Contract Time”).

III. THE CONTRACT SUM
CITY shall pay to CONTRACTOR for the performance of this AGREEMENT, subject to any additions and deductions provided in the Project documents, the sum of one hundred twenty-seven thousand, two hundred forty-five dollars and forty-seven cents ($127,245.47).

IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Public Works Director/City Engineer by CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer, CITY shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the General Conditions.

This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local 2 of 10
governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204, which provides for the submission and resolution of specified claims by CONTRACTOR, including provisions governing the type of claims that may be submitted, the time to respond to such claims, and alternative dispute resolution procedures. The provisions of Section 9204 are incorporated herein by reference, and to the extent CONTRACTOR asserts a claim specified by Section 9204, CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to CITY.

V. RETENTION OF SECURITIES
Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by CITY to ensure performance under a contract, at the request and expense of CONTRACTOR.

Substitution of securities shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allow the substitution of securities. Alternatively, CONTRACTOR may request that CITY make payment of retention earned directly to an escrow agent at the expense of CONTRACTOR. At the expense of CONTRACTOR, CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from CITY, pursuant to the terms of this section.

The escrow agreement entered into pursuant to this section must be substantially similar to the form included in Public Contract Code Section 22300(e). CONTRACTOR shall obtain the written consent of its surety to such escrow agreement. Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and CITY.

In accordance with Public Contract Code Section 22300(d)(1), if CONTRACTOR elects to receive interest on moneys withheld in retention by CITY, CONTRACTOR shall, at the request of any subcontractor performing more than five percent of CONTRACTOR’s total bid, make that option available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the subcontractor.

VI. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of CONTRACTOR’s performance or CONTRACTOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by CONTRACTOR, except for such loss or damage arising from the active negligence, sole negligence, or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Attachment 2

9.H-12Council Agenda 9-6-2022

3 of 10
CONTRACTOR’s performance of this AGREEMENT, CONTRACTOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

Payment by CITY is not a condition precedent to enforcement of the indemnities in this section. In the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the active negligence, sole negligence, or willful misconduct of CITY or its officers, employees, or agents, CONTRACTOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent, or as having engaged in willful misconduct. CONTRACTOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys' fees, expert fees, and costs of litigation. The provisions of this Section VI shall survive completion of CONTRACTOR’s services or the termination of this AGREEMENT.

VII. PREVAILING WAGES

A. Wage rates for this Project shall be in accordance with the General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for San Luis Obispo County. Wage rates shall conform with those posted at 760 Mattie Road, Pismo Beach, and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this AGREEMENT:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

VIII. RECORD AUDIT

In accordance with Government Code, Section 8546.7, records of both CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

IX. CERTIFICATIONS

In addition to certification and licensing requirements identified elsewhere in this agreement, CONTRACTOR shall maintain the following certifications for the duration of this AGREEMENT:

A. None

4 of 10
X. FINAL PAYMENT

Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by CITY to CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the AGREEMENT fully performed, and a final Certificate for Payment has been issued by the Public Works Director/City Engineer.

XI. CONTRACTOR'S FAILURE TO PROCURE TIMELY COMPLETION OF PROJECT

A. It is agreed by the parties to the AGREEMENT that in case all the work called for under the AGREEMENT is not completed before or upon the expiration of the time limit set forth in Article 2 of this AGREEMENT, damage will be sustained by the City, and that it is and will be impracticable to determine the actual damage which the CITY will sustain, in the event of any, by reason of such delay; and it is therefore agreed that the CONTRACTOR will pay to the CITY the sum of FIVE HUNDRED DOLLARS ($500.00) PER DAY for each and every calendar day delay beyond the time prescribed to complete the work; and, the CONTRACTOR agrees to pay such Liquidated Damages as herein provided, and in case the same are not paid, agrees that the CITY may deduct the amount thereof from any moneys due or that may become due the CONTRACTOR under the contract.

B. It is further agreed that in case the work called for under the AGREEMENT is not finished and completed in all parts and requirements within the time specified, the City Engineer shall have the right to extend the time for completion or not, as may seem best to serve the interest of the CITY; and if he decides to extend the time limit for the completion of the AGREEMENT, he shall further have the right to charge the CONTRACTOR, his heirs, assignees, or sureties, and to deduct from final payment for the work, all or any part, as he may deem proper, of the actual costs of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the AGREEMENT, and which accrue during the period of such extension, except that the cost of final surveys and preparation of the final estimate shall not be included in such charges.

C. The CONTRACTOR shall not be assessed with Liquidated Damages, nor the costs of engineering and inspection during any delay in the completion of the work caused by acts of the federal government or the public enemy, or acts of God, fire, floods, epidemics, severe weather, or delays of subcontractors due to such causes; provided that the CONTRACTOR shall, within ten (10) days from the beginning of such delay, notify the City Engineer in writing of the cause of delay, who shall ascertain the facts and extent of the delay, and his finding of the facts thereon shall be final and conclusive.

D. In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this AGREEMENT in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this AGREEMENT or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or Attachment 2

9.H-13Council Agenda 9-6-2022

5 of 10
the portion thereof taken over by CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from CITY, or CONTRACTOR shall pay CITY the amount of said charge, or the portion thereof unsatisfied.

The sureties, provided for under this AGREEMENT shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by CITY.

XII. INSURANCE

A. Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

CONTRACTOR may use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this AGREEMENT and which is applicable to a given loss, claim or demand, will be equally available to CITY.

CONTRACTOR shall provide the following types and amounts of insurance:

1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard Insurance Services Office (ISO) “insured contract” language will not be accepted.

2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 (06/92) covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the Project, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code et seq. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees.

4. CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

5. Products/completed operations coverage. Coverage shall extend a minimum of three (3) years after project completion and shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

6 of 10
Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

B. Other provisions or requirements:

1. Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for Workers’ Compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.

CITY’s Risk Manager or City Attorney may waive the requirement of any insurance policy set forth herein if he/she determines that such a policy is not commercially available to CONTRACTOR, or if the risk to CITY is sufficiently minimal to render such insurance unnecessary. If such a policy is commercially available, additional cost to CONTRACTOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived. Current certification of insurance shall be kept on file with CITY at all times during the term of AGREEMENT. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.

2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Project hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, elected officials, employees, and agents shall continue as additional insureds under such policies.

3. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may terminate this AGREEMENT.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically Attachment 2

9.H-14Council Agenda 9-6-2022

7 of 10
allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non-estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment, for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event CONTRACTOR’S policy of insurance cannot be endorsed to provide this notice of cancellation, CONTACTOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

10. Additional insured status. General liability and automobile insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach."

12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

13. Pass-through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party providing any work on the Project under the direction of CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONTRACTOR agrees that upon request, all agreements with consultants,

8 of 10
subcontractors, and others engaged in performing work on the Project will be submitted to CITY for review.

14. CITY’s right to revise requirements. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to CONTRACTOR, CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

15. Self-insured retentions. Any deductibles or self-insured retention must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects CITY, its elected and appointed officials, employees and volunteers, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Self-insurance will not be considered to comply with this paragraph unless approved by CITY.

16. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

17. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Project.

XIII. CONTRACTOR'S LICENSE

CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

XIV. REGISTRATION REQUIREMENTS

Pursuant to Section 1771.1(a) of the Labor Code:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

Except as otherwise provided in Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

Attachment 2

9.H-15Council Agenda 9-6-2022

9 of 10
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

XV. CORPORATION IN GOOD STANDING

If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that the undersigned is authorized to act for and bind the corporation.

XVI. PROVISIONS REQUIRED BY LAW

Each and every provision of law and clause required by law to be inserted in this AGREEMENT shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the AGREEMENT shall forthwith be physically amended to make such insertion or correction.

XVII. SUBSURFACE HAZARDOUS MATERIALS

A. Pursuant to Public Contract Code Section 7104, in the event the Project includes trenches or other excavations extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify CITY in writing of any:

1. Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law;

2. Subsurface or latent physical conditions at the site differing from those indicated in the Project specifications;

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the CONTRACT.

B. Upon receipt of said notification CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR's cost of or the time required for performance of any part of the Project, CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between CITY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in CONTRACTOR's cost of or time required for performance of any part of the Project, CONTRACTOR shall not be excused from any scheduled completion date provided for by the AGREEMENT, but shall proceed with all work to be performed under the AGREEMENT.

CONTRACTOR shall retain any and all rights provided either by AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties.

10 of 10
XVIII. COMPONENT PARTS OF THE CONTRACT

This AGREEMENT entered into consists of the AGREEMENT and the attached Proposal, all of which are component parts of the AGREEMENT as if herein set out in full.

XIX. ENTIRE CONTRACT

This AGREEMENT constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This AGREEMENT can be modified only by an amendment in writing, signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

CITY:

City of Pismo Beach, a Municipal Corporation

Signed: _______________________________

Name: Jorge Garcia
Title: Assistant City Manager
Dated: ________________________________

Signed: _______________________________

Name: James R. Lewis
Title: City Manager
Dated: ________________________________

Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449

ATTEST:

Signed: _______________________________

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed: _______________________________

Name: David M. Fleishman
Title: City Attorney
CONTRACTOR:

PBR Enterprises Inc., dba WIP

Signed: _______________________________

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice (See Section XVIII):
______________________________________
______________________________________

Email address for official communications:
______________________________________

Vendor Representative (See Section VIII):

Name/Title: ____________________________

Attachment: Contractor’s Proposal
Attachment 2

9.H-16Council Agenda 9-6-2022

(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012 pg. 2(805) 642-1400 | www.wip-inc.com 816 Via Alondra Camarillo, CA 93012
1161 Calle Suerte St. Suite D
Camarillo CA, 93012
City of Pismo Beach
Attn: Erica Inderlied, City Clerk
760 Mattie Rd.

Pismo Beach CA, 93449
Thank you for the opportunity to present our proposal for an Automated Production System for your City Council Chambers broadcasting system. WIP continually strives to provide all our customers with consistently high quality solutions that utilize the latest technologies so that we can become your trusted partner and not just another vendor.

Successful projects are always our goal and we pride ourselves on our positive feed- back and customer referrals. Our hope is that with the completion of this project, the &LW\FDQIHHOFRQÀGHQWWKDWWKH\FKRVHWKHULJKWLQWHJUDWRUWRPHHWWKHLUQHHGV:,3 stands by its solutions and its workmanship. The City can trust that WIP will continue to support the City and your new system well after its completion.

Eric Kalpakoff
Director of Engineering
Attachment 2

9.H-17Council Agenda 9-6-2022

pg. 3(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012

FIRM PROFILE
:,3KDVEHHQGRLQJEXVLQHVVLQ6RXWKHUQ&DOLIRUQLDIRURYHU\HDUV2XUÀUPVWDUWHGPDLQO\ selling and deploying phone systems and installing infrastructure cabling and now is a full-ser- YLFHORZYROWDJHLQWHJUDWRUZLWKWZRRIÀFHVLQVRXWKHUQ&DOLIRUQLDDQGRQHLQ%RLVH,GDKR%H- yond integration, WIP id also s managed service provider for ongoing AV maintenance and technical support. WIP uses the latest cloud services paired with device monitoring to ensure our customers systems have maximum uptime. As WIP has grown, so has our team of experts.

WIP Executive Management Team
Scott McKay, Director of Operations (Managing Partner)
Transforming to meet customer needs is something Scott McKay, founder of WIP, is no stranger WR,Q
6FRWWEHJDQZRUNLQJIRURQHRIWKHÀUVWSULYDWHWHOHSKRQHFRPSDQLHV'XULQJWKDW WLPHGHUHJXODWLRQRIWKHWHOHSKRQHLQGXVWU\RSHQHGWKHÁRRGJDWHVIRUDPELWLRXVHQWUHSUH- neurs. Initially, Scott worked with the business side of General Telephone and Electronics Corp. (GTE) with an emphasis with commercial customers. GTE turned into Verizon and moved all of their work force to the cellular division. At that time, commercial telephone systems were the corner stone of business communications and Scott was fully immersed and integrating those sys- tems. Scott split off and WIP was born - primed to install large scale communication networks, phone systems and early Internet infrastructures on grand scales.

Efrain Gastelum, Director of Integration (Managing Partner) After being honorably discharged from the Marine Corps in June 2001, Efrain enrolled for school that fall with aspirations of pursuing a career immersed in technology. In the Winter of 2004, he completed his Bachelor of Science degree in Westwood’s Computer Network and Computer Management program. Shortly after graduating, Efrain took on a position with Rob- ert Half Technologies where he managed high-end clients from IndyMac Mortgage to Berkshire Hathaway. Then in 2008, he stepped into the role of Network Administrator with a Steelcase Dealership.
pg. 4(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012
In this position, Efrain leveraged his expertise to quickly redesign the organization’s back-end data infrastructure and moved them to a more reliable virtual environment using SAN for storage. As Efrain worked on deeper network design and storage, he began transitioning to a brand-new division of emerging technology within his company. In his new position, he utilized VWDWHRIWKHDUWDXGLRYLVXDOJHDUWRWUDQVIRUPVWDOHZRUNRIÀFHVWRWHFKVDYY\ZRUNHQYLURQ- ments. Under Efrain’s command, the division grew quickly and ultimately led to him being pro- moted to Director of Integrated Technologies in February 2014.

In 2018, Efrain decided to venture out and join the team at WIP as the Director of Integration.

Since Efrain’s arrival, he has been working together with Eric to create an optimal and inviting audiovisual experience for customers. Efrain holds a Low Voltage Contractors License from the State of California (C-7) and is also registered to provide service and products through Veteran Integration, which is designated as a as a DVBE.

Eric Kalpakoff, Director of Engineering
Eric brings over 20 years of audiovisual and broadcasting experience to WIP with a portfolio that encompasses every aspect of integrated technology. Eric’s design experience ranges from surgical exam rooms to large conference rooms all the way to emergency command centers uti- OL]HGE\PDMRUFRXQWLHV(ULFKROGVDQ$YL[D&76'FHUWLÀFDWLRQZKLFKLVUHFRJQL]HGZRUOGZLGH for it’s focus on audiovisual design and engineering. His years of experience provide him the FDSDELOLW\WRFRQÀGHQWO\WDFNOHDSURMHFWRIDQ\VL]H(ULFLVDOVRDFHUWLÀHG([WURQ&RQWURO3UR- IHVVLRQDO
(&3
DQGDFHUWLÀHG&UHVWURQ'LJLWDO0HGLD6\VWHPV(QJLQHHU '0&(

As Director of Engineering, Eric and his team will ensure your project is expertly engineered, professionally integrated and will provide ongoing support to be a complete solutions provider. :,3·VRIÀFHVDUHORFDWHGDW

1161 Calle Suerte Suite D, Camarillo CA, 93012
+4 1HDUHVW2IÀFH

11755 Telegraph Rd., Sante Fe Springs CA, 90670
11700 Executive Dr., Boise ID, 83713
Project Point-of-contact
Eric Kalpakoff, Dir. Of Engineering
[email protected]
cell: (805) 636-1736
Attachment 2

9.H-18Council Agenda 9-6-2022

pg. 5(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012

QUALIFICATIONS
The WIP engineering team is no stranger to City Council and County Board of Supervi- sors broadcasting systems. Eric Kalpakoff has numerous system design and deployments under his belt and has a solid understanding of the needs and challenges associated with local government meetings and broadcasting requirements. Projects he has worked on are as follows:

City of San Luis Obispo
ŏŏ City Council Broadcast System (2007)
ŏŏ Design and Integration
City of San Luis Obispo
ŏŏ City Council Broadcast System (2015)
ŏŏ Design and Integration
City of San Luis Obispo
ŏŏ City Council Automated Production System (2022, active project) ŏŏ Design and Integration
&LW\RI$UUR\R*UDQGH
ŏŏ City Council Broadcast System (2016)
ŏŏ Design Only
County of San Luis Obispo
ŏŏ Board of Supervisors Broadcast System (2015)
ŏŏ Design and Integration
ŏŏ Active Support Contract
pg. 6(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012

SCOPE OF WORK

The frequency of meetings, the time at which meetings occur, and the associated tasks WRSUHSDQGÀQDOL]HDPHHWLQJ
GRHVQRWZDUUDQWDIXOOWLPHVWDIIPHPEHU7KLVLVW\S- ically why this job is subcontracted to a third-party. During the pandemic, City Council meetings could not be held in the same manner as before and subcontracted operators ZHUHQRWQHHGHG7KHVXEFRQWUDFWRUVVWDIÀQJWKHVHPHHWLQJVQHHGHGWRGRZQVL]HDQG or eliminate these positions to remain in business if they managed to survive at all. This PDGHWKHUHWXUQWRFKDPEHUVPXFKPRUHGLIÀFXOWIRUPXQLFLSDOLWLHV:LWKQRRQHWRRS- erate their meetings, they typically relied on the IT staff to perform these duties but it is not ideal and not sustainable. Another solution would be needed.

Over a year ago, WIP was introduced to 1Beyond who makes an automated production system that is voice-activated. Operators were not needed to switch cameras, overlay JUDSKLFVDQGUXQDPHHWLQJ:,3LPPHGLDWHO\LGHQWLÀHGWKDWWKLVV\VWHPZRXOGEHDQ acceptable alternative to live operators and began promoting the solution to its existing customers. WIP wasn’t the only organization that recognized the potential of this system.

Crestron, the world leader in audiovisual distribution and automation purchased 1Be- yond and is bringing the solution to the masses.

WIP believes this will be a great solution for the City of Pismo.

Based on an initial site visit and evaluation of your existing hardware, your existing audio system is compatible with the 1Beyond system and integration should be straight forward.

Attachment 2

9.H-19Council Agenda 9-6-2022

The new system will replace the video switcher and existing cameras. Up to (7) sources can be added to this system, for this project, (6) cameras plus (1) content input will be used.

WIP will work with the City to review previous meetings and will develop on-screen graphics such as dual box layouts, picture-in-picture layouts, and lower thirds graphics for delegate naming.

It’s important to note that a staff member will still be necessary for channel program- PLQJZKLFKLQFOXGHVWULPPLQJUHFRUGHGYLGHRRQFHDPHHWLQJLVÀQLVKHGDGGLQJWKH recording to your channel programming, and scheduling regular playback. Depending on your internal policies and legal requirements, this can be performed the following day during regular business hours.
pg. 8(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012

DESCRIPTION OF WORK

1. Before installation, WIP will provide the City with submittals including: GUI sam- SOHVVKRSGUDZLQJVDQGRSHUDWLRQDOGRFXPHQWDWLRQWRÀQDOL]HWKHV\VWHPGHVLJQ and operation.

2. WIP will remove the existing PTZ cameras and production switcher and provide them to the City for storage, re-purposing, or disposal.

6. WIP will provide and install a new iPad GUI for a person such as the clerk to select the appropriate ‘mode’ based on the agenda. For example, during public

FRPPHQW
DPRGHIRUSXEOLFFRPPHQWFDQEHPDGHWKDWZRXOGXWLOL]HDGXDOER[ that would show the podium and the delegates they are interacting with. This is a web-based GUI that can be run from any PC or mobile device. The iPad makes it fast and easy to select a mode. This quote includes a tabletop charging station that will be installed next to the clerk and a wall mounted charging station that Attachment 2

9.H-20Council Agenda 9-6-2022

FINAL CONSIDERATIONS

1. The Crestron system will be programmed to start a recording on the Nexus and switch the video routes to take the control and send live video to the SXEOLF+RZHYHULWZLOOQRWKDQGOHFKDQQHOSURJUDPPLQJÀOHQDPHVHWF 6RPHRQHZLOOVWLOOQHHGWRPDQDJHWKHYLGHRÀOHVDQGVFKHGXOHSOD\EDFN

2. This system will be built with remote support and assisted operation in mind.

The cameras and switcher will all be NDI capable should the booth need to be relocated to another location. Full remote operation is available via network for the future.

3. The Crestron GUI will include a desktop application so that the system can be remotely controlled.

4. WIP strongly recommends dedicating a small PC in the rack for remote VXSSRUW7KLV3&ZRXOGEHORDGHGZLWKDOODSSOLFDWLRQDQGÀOHVQHHGHGWR make changes or operate the system remotely as needed.

5. Some user interaction will still be necessary during a meeting. żż ‘Start a meeting’ button will exist on the iPad. This will start a recording in the nexus, switch video to take control and send live video to the public. żż ‘Stop meeting’ - will stop the recording in the Nexus and switch to the virtual channel.
żż ‘Mode selection’ - will change how the system presents video to the pub- lic. Changing modes will not be necessary all the time, but this will pro- vide some additional options as you advance through the agenda. żż Manual Audio Override – some sliders will be present to make minor ad- justments should the system require it. The auto-leveling blocks in the DSP have limits that are set to prevent too much automatic adjustment on the systems behalf. A very quiet talker or a person speaker very far away from a microphone may need minor adjustments made.

6. /DVWWKLVLVDQHZWHFKQRORJ\WKDWLVFXVWRPLQWHJUDWHG$VZLWKDQ\ QHZFXVWRPV\VWHPDGHEXJJLQJSHULRGVKRXOGEHDQWLFLSDWHGWRZRUN RXWWKHNLQNVDGGUHVVGHVLJQÁDZVDQGVPRRWKRXWRSHUDWLRQ pg. 10(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012

REFERENCES

LOCAL GOVERNMENT REFERENCES
0LJXHO*XDUGDUGR,70DQDJHU
City of San Luis Obispo
[email protected]
(805) 431-4381
'DQ0DF.LUG\'HSXW\'LUHFWRU,7'HSW
County of San Luis Obispo
[email protected]
(805) 781-4911

CORPORATE REFERENCES
-RQDWKDQ$DUKXV6U$9&RRUGLQDWRU
CHOC Children’s Health of Orange County
[email protected]
(714) 509-4397
-RQDWKDQ/XFDV6U'LUHFWRU,QIRUPDWLRQ7HFKQRORJ\
Atara Biotherapeutics
[email protected]
(650) 488-8542
Attachment 2

9.H-21Council Agenda 9-6-2022

pg. 11(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012

PAST DISQUALIFICATIONS
:,3DQGLWVWHDPPHPEHUVKDYHQHYHUEHHQGLVTXDOLÀHGUHPRYHGRURWKHUZLVHIRXQG in violation of the law, a safety regulation, or for any other reason, including but not OLPLWHGWRÀQDQFLDOGLIÀFXOWLHVSURMHFWGHOD\VRUGLVSXWHVUHJDUGLQJZRUNRUSURGXFW quality.
pg. 12(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012

OTHER CONTACTS

AUDIOVISUAL SUPPORT
Via phone: (805) 642-1400
Via email: [email protected]

ORDERS AND INVOICES
1LNNL9LJRXURX[2IÀFH0DQDJHU
Via phone: (805) 642-1400
Via email: [email protected]
-DQLFH%HQTXHFKHD$GPLQ&RRUGLQDWRU$FFRXQWV3D\DEOH Via phone: (805) 914-1895
Via email: [email protected]
Attachment 2

9.H-22Council Agenda 9-6-2022

ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDL SUBRLTR INSD WVD
PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext):

E-MAILADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER:$
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

HIRED NON-OWNED
PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY
(Per accident)
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
7/1/2022
License # 0757776
(805) 682-2571
31534
PBR Enterprises, Inc. DBA: WIP816 Via AlondraCamarillo, CA 93012 41840
22292
36064
A 1,000,000
ZB3H74455700 10/1/2021 10/1/2022
1,000,000
10,000
1,000,000
2,000,000
2,000,000
1,000,000B
AW3H780552 10/1/2021 10/1/2022
5,000,000C
UH3H744558000 10/1/2021 10/1/2022 5,000,000
10,000
D
WZ3H758802 10/1/2021 10/1/2022 1,000,000Y1,000,000
1,000,000
C Prof Liability/E&O LH3H78109400 10/1/2021 Aggregate 1,000,000 Evidence of Insurance
Evidence of Insurance
PBRENTE-03 AHAMBRICK
HUB International Insurance Services Inc.PO Box 3310Santa Barbara, CA 93130-3310 [email protected] Citizens Insurance Company of America
Allmerica Financial Benefit Insurance Company
Hanover Insurance Company
Hanover American Insurance
X
10/1/2022
X
X
X
X
X
X
X
WIP certifies that the contents of this proposal package and any attachments are accurate to the best of our abilities and will fulfill the scope requirements for this project.

Signed: Date:
______________________ __ͺͺͺͺͺͺͺ___________
Eric Kalpakoff
Director of Engineering,
WIP, Inc.

Signed:
_____________________________________
Eric Kalpakoff
Director of Engineering,
ϬϴͬϭϬͬϮϬϮϮ
Attachment 2

9.H-23Council Agenda 9-6-2022

FEE SCHEDULE
(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012
pg. 2(805) 642-1400 | www.wip-inc.com
816 Via Alondra Camarillo, CA 93012

BILL OF MATERIALS
Qty Manufacturer Model Short Description Price

REQUIRED LABOR
ADMINISTRATOR LABOR STANDARD ADMIN LABOR $160.00

DOCUMENT FEE DOCUMENT CREATION, DUPLICATION, AND PRINTING FOR SHOP DRAW- INGS
$95.00
D&E - HOURLY DESIGN AND ENGINEERING $7,000.00
PROJECT MANAGEMENT - HOURLY PROJECT MANAGEMENT $880.00
Attachment 2

9.H-24Council Agenda 9-6-2022

PAYMENT SCHEDULE (NO OPTIONAL ITEMS)
ŏŏ EQUIPMENT DEPOSIT $44,901.13
ŏŏ SUBSTANTIAL COMPLETION $33,915.41
ŏŏ FINAL $3,768.38

PAYMENT SCHEDULE (WITH OPTIONAL ITEMS)
ŏŏ EQUIPMENT DEPOSIT $80,865.13
ŏŏ SUBSTANTIAL COMPLETION $41,742.31
ŏŏ FINAL $4,638.03
Attachment 2

9.H-25Council Agenda 9-6-2022

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.I
SUBJECT/TITLE:

AGREEMENTS WITH LANDSCAPE STRUCTURES, INC. FOR DESIGN AND

PURCHASE OF PLAYGROUND EQUIPMENT AND WITH CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. FOR PREPARATION OF

CONSTRUCTION DOCUMENTS FOR THE PALISADES AND CHUMASH

PARKS PLAYGROUND PROJECT
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to:

BACKGROUND:

On August 16, 2022 staff provided Council with options for the “Palisades Park Improvements” and “Chumash Park Improvements” projects. The staff report for that meeting can be found in the Access Pismo online public records portal1 or by scanning the QR code at right. At that meeting, Council directed staff to proceed with “option B” for Chumash Park (replacing all play equipment and softfall material) and “option B” for Palisades Park (relocating the playground to “site B”, a location approximately midway between the parking lot and the current play equipment location, while keeping the elevation to a minimum).

Staff has requested revised cost proposals from the playground equipment manufacturer Landscape Structures, Inc., and the design consultant Callander Associates for the preparation of the construction plans and bid documents. Both vendors have provided updated cost proposals based on the revised scope of work (Attachments 1.A and 1.B).

If the Council approves staff’s recommendation, the consultants will move forward with the purchase of the play equipment and preparation of the construction documents. Once those documents are complete, staff will solicit construction bids for the removal of the existing equipment and installation of new equipment and site improvements. 1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=438907&dbid=0&repo=Laserfiche

9.I-1Council Agenda 9-6-2022

Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the the City Manager to enter into a Professional Services Agreement (Attachment 2) with Landscape Structures, Inc. in the amount of $326,841.99 for design, purchase and delivery of playground equipment and enter into a Professional Services Agreement (Attachment 3) with Callander Associates in the amount of $109,342 for preparation of construction documents for the Palisades and Chumash Parks Playground Project. Staff also recommends that the Council authorize staff to proceed with advertising for bids once the construction documents are complete.

FISCAL IMPACT:

The FY 2022 Adopted Budget includes $100,000 for Palisades Park funded by Park Development Fund resources and $350,000 for Chumash Park funded by General Fund resources for a total project budget of $450,000.

Current Project Funding

Palisades Park Improvements Project $100,000.00
Chumash Park Improvements Project $350,000.00
Total Project Budget $450,000.00

Current Project Costs

Archeological Investigation (Palisades) $2,800.00
Topographic Survey (Palisades) $10,100.00
Landscape Structures, Inc. contract $326,841.99
Callander Associates contract $109,342.00
Total Contract Cost $449,083.99

Remaining Budget $961.01

The remaining budget will be used for construction costs. The actual construction cost will not be known until the project has been advertised and bids are received for the project. Once the project has been bid, staff will return to Council at that time to award the project and request additional funds.

As the project will include both park improvement projects, staff recommends that the Council consolidate the projects into one Palisades and Chumash Park Improvements project.

ALTERNATIVES:

1. Do not authorize all or a portion of the recommended items; provide direction to staff.

9.I-2Council Agenda 9-6-2022

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Landscape Structures, Inc. Cost Proposal

1.B Exhibit B to Resolution: Callander Associates Cost Proposal

2. Landscape Structures, Inc. Vendor Agreement

3. Callander Associates Vendor Agreement
Prepared by: Erin Olsen, Management Analyst Meeting Date: September 6, 2022 Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.I-3Council Agenda 9-6-2022

RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO:

1. ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH
LANDSCAPE STRUCTURES, INC. IN THE AMOUNT OF $326,841.99 FOR DESIGN,

PURCHASE AND DELIVERY OF PLAYGROUND EQUIPMENT FOR THE
PALISADES AND CHUMASH PARKS PLAYGROUND PROJECT;

2. ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH
CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. (CALLANDER ASSOCIATES) IN THE AMOUNT OF $109,342 FOR PREPARATION OF

CONSTRUCTION DOCUMENTS FOR THE PALISADES AND CHUMASH PARKS PLAYGROUND PROJECT; AND

AUTHORIZING STAFF TO ADVERTISE FOR BIDS FOR THE REMOVAL OF THE

EXISTING EQUIPMENT AND INSTALLATION OF THE NEW EQUIPMENT AT PALISADES AND CHUMASH PARKS; AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR (FY) 2023
WHEREAS, on August 16, 2022 staff provided Council with options for the “Palisades Park Improvements” and “Chumash Park Improvements” projects; and WHEREAS, Council directed staff to proceed with “option B” for Chumash Park (replacing all play equipment and softfall material) and “option B” for Palisades Park (relocating the playground to “site B”, a location approximately midway between the parking lot and the current play equipment location, while keeping the elevation to a minimum); and WHEREAS, staff received revised cost proposals from the playground equipment manufacturer Landscape Structures, Inc., and the design consultant Callander Associates for the preparation of the construction plans and bid documents based on the updated scope of work; and
WHEREAS, once those documents are complete, staff will solicit construction bids for the removal of the existing equipment and installation of new equipment and site improvements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement with Landscape Structures, Inc. (Exhibit A) in the amount of $326,841.99 for design, purchase and delivery of playground equipment for the Palisades and Chumash Parks Playground Project.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement with Callander Associates (Exhibit B) in the amount of $109,342 for preparation of construction documents for the Palisades and Chumash Parks Playground Project.

9.I-4Council Agenda 9-6-2022
Attachment 1

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes staff to advertise for construction bids once the construction documents are complete.

BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby combines the Palisades Park Improvements and Chumash Park Improvements projects into one consolidated project called the Palisades and Chumash Park Improvements project in FY 2023, including appropriating any related transfers between funds.

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 6th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

9.I-5Council Agenda 9-6-2022
Attachment 1

'LVFRXQW
$''237,21

&KXPDVK3DUN3OD\JURXQG2SWLRQ
&XVWRP
6XSHU1HWSOH[7RZHUZLWK
6HDZHHG7RSSHUV6SLUDO6WDLUFDVH
7XUER7ZLVWHU 'RXEOH6ZRRVK6OLGH
4XDQWLV$&OLPEHU
=LS.URR]
7RSV\7XUQ\6SLQQHU&XUYD6SLQQHU
+HGUD6ZLQJ)UDPHZWZREHOWVVZLQJVDQG
D)ULHQGVKLS6ZLQJ*)5&%DODQFH%HDP
3RG6WHSSHUV3OD\6WUXFWXUH
5HYL%RXQFHDQG7RGGOHU6ZLQJ
&RQWUDFW'LVFRXQW
7%'

&KXPDVK*)5&7KDWFK+XWZLWK'LJLIXVH
LQIRUPDWLRQDOVLJQ

127(
&RVWOLVWHGIRU$''237,216
GR127LQFOXGHGLVFRXQWWD[HVRUDGGHG
IUHLJKWFRVWV

1RWHV
7KLVTXRWHJRRGXQWLOGD\VIURPGDWHRIWKLVSURSRVDO

4XRWHLVIRUHTXLSPHQWRQO\2IIORDGLQJLQVWDOODWLRQVXUIDFLQJDQGVLWHZRUN DUH127LQFOXGHG(QJLQHHUHG&DOFVDUH127LQFOXGHG
:HDVVXPH',5(&7%85<RQDOOMREVXQOHVVRWKHUZLVHDGYLVHGE\FOLHQW $6HUYLFH)HHZLOOEHDGGHGWRWKH7RWDO$PRXQWZLWKXVHRI&UHGLW&DUG Freight:
&LW\RI3LVPR%HDFK
%LOO7R

3OHDVHILOOLQDVQHFHVVDU\

0DWWLH5G
3LVPR%HDFK &$

&LW\RI3LVPR%HDFK&RUSRUDWLRQ<DUG
)UDG\/DQH
6KLS7R

3OHDVHILOOLQDVQHFHVVDU\

3LVPR%HDFK &$

&+(&.672%(0$'(28772

/$1'6&$3(6758&785(6,1&
6'6

32%2;
0,11($32/,601

1HWIURP6KLSPHQW7HUPV

3URMHFW7LWOH

&KXPDVK 3DUN 2SW
3LVPR %HDFK &$
/RFDWLRQ

$FFW&RGH

'DWH

Subtotal Material:

Installation:

Sales Tax :
TOTAL:

Total Weight:

5HVDOH

3URSRVDO1R

NATE STUTZ
$&&(37('%<'$7(
5(&:(67287'225352'8&76,1&

5(35(6(17$7,9(62)/6,
;
3URSRVDO
6,*1$785(%(/2:$&&(37,1*7+,6352326$/:,//&2167,787( $385&+$6(25'(521/<8321$33529$/%<

&86720(55(&(,372)$125'(5$&.12:/('*0(17
&2167,787(668&+$33529$/
/$1'6&$3(6758&785(6,1&
47<,7(012'(6&5,37,21 35,&(81,7 (;7(1'('$078QLW:W /%6:W ),1$1&(&+$5*(3(5
0217+,0326('$)7(5'$<6
2),192,&('$7(
385&+$6(25'(56&2175$&7672

/$1'6&$3(6758&785(6,1&
7+676287+
'(/$1201

9.I-6Council Agenda 9-6-2022
Attachment 1A

'LVFRXQW
127(6

3DOLVDGHV3DUN3OD\JURXQG2SWLRQ
&XVWRP6PDUW3OD\%HDFK&RPEHU6WUXFWXUH
&XUYD6SLQQHU2RGOH6ZLQJ7RSV\7XUQ\
6SLQQHU
&RQWUDFW'LVFRXQW
)UHLJKW4XRWH9DOLGIRU'$<621/<
/HDGWLPH7%'DWWLPHRIRUGHURQO\6KLSV
LQ

1RWHV
7KLVTXRWHJRRGXQWLOGD\VIURPGDWHRIWKLVSURSRVDO

3OHDVHILOOLQDVQHFHVVDU\

0DWWLH5G
3LVPR%HDFK &$

&LW\RI3LVPR%HDFK&RUSRUDWLRQ<DUG
)UDG\/DQH
6KLS7R

3OHDVHILOOLQDVQHFHVVDU\

3LVPR%HDFK &$

&+(&.672%(0$'(28772

/$1'6&$3(6758&785(6,1&
6'6

32%2;
0,11($32/,601

1HWIURP6KLSPHQW7HUPV

3URMHFW7LWOH

3DOLVDGHV 3DUN 2SW
3LVPR %HDFK &$
/RFDWLRQ

$FFW&RGH

'DWH

Subtotal Material:

Installation:

Sales Tax :

TOTAL:

Total Weight:

5HVDOH

3URSRVDO1R

NATE STUTZ
$&&(37('%<'$7(
5(&:(67287'225352'8&76,1&

5(35(6(17$7,9(62)/6,
;
3URSRVDO
6,*1$785(%(/2:$&&(37,1*7+,6352326$/:,//&2167,787( $385&+$6(25'(521/<8321$33529$/%<

/$1'6&$3(6758&785(6,1&
7+676287+
'(/$1201

9.I-7Council Agenda 9-6-2022
Attachment 1A

Task Matrix
Chumash and Palisades Park
08/18/2022
@ $226 @ $160 @ $139 @ $116 @ $173 Surveyor Structural Geotech Phase Description hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s $'s $'s $'s

1.0 Preliminary Engineering Investigation

1.01 Kick-off Meeting 4.0 904.00$ 4.0 640.00$ - -$ 1.0 116.00$ - -$ 9.0 1,660.00$ -$ -$ -$

1.02 Acquire Base Info - -$ 4.0 640.00$ - -$ - -$ - -$ 4.0 640.00$ -$ -$ -$

1.03 Project Schedule 1.0 226.00$ 2.0 320.00$ - -$ - -$ - -$ 3.0 546.00$ -$ -$ -$ SUBTOTAL 1.0 5.0 1,130.00$ 10.0 1,600.00$ - -$ 1.0 116.00$ - -$ 16.0 2,846.00$ -$ -$ -$ Subconsultant Administration 10%-$ -$ -$

2.0 Field Survey

2.01 Topographic Survey - -$ 5.0 800.00$ - -$ - -$ - -$ 5.0 800.00$ 11,970.00$-$ -$ SUBTOTAL 2.0 - -$ 5.0 800.00$ - -$ - -$ - -$ 5.0 800.00$ 11,970.00$ -$ -$ Subconsultant Administration 10%1,197.00$ -$ -$

3.0 Preliminary Engineering Design

3.01 Site Investigation - -$ 8.0 1,280.00$ 8.0 1,112.00$ - -$ - -$ 16.0 2,392.00$ -$ -$ 10,000.00$

3.02 Site Analysis and Vendor Coordination 6.0 1,356.00$ 6.0 960.00$ 15.0 2,085.00$ - -$ - -$ 27.0 4,401.00$ -$ -$ -$

3.03 Review Meeting #1 4.0 904.00$ 4.0 640.00$ -$ 0.5 58.00$ - -$ 8.5 1,602.00$ -$ -$ -$

3.04 Site Plan and Basis of Design 6.0 1,356.00$ 14.0 2,240.00$ 16.0 2,224.00$ - -$ - -$ 36.0 5,820.00$ -$ -$ -$

3.05 Cost Estimate - -$ 8.0 1,280.00$ 6.0 834.00$ 1.0 116.00$ - -$ 15.0 2,230.00$ -$ -$ -$

3.06 Review Meeting #2 4.0 904.00$ 4.0 640.00$ - -$ 0.5 58.00$ - -$ 8.5 1,602.00$ -$ -$ -$ SUBTOTAL 3.0 20.0 4,520.00$ 44.0 7,040.00$ 45.0 6,255.00$ 2.0 232.00$ - -$ 111.0 18,047.00$ -$ -$ 10,000.00$ Subconsultant Administration 10%-$ -$ 1,000.00$

4.0 Final Engineering Design

4.01 50% PS&E's 10.0 2,260.00$ 36.0 5,760.00$ 64.0 8,896.00$ 2.0 232.00$ - -$ 112.0 17,148.00$ -$ 1,500.00$ -$

4.02 Review Meeting #3 4.0 904.00$ 4.0 640.00$ - -$ 0.5 58.00$ - -$ 8.5 1,602.00$ -$ -$ -$

4.03 90% PS&E's 12.0 2,712.00$ 30.0 4,800.00$ 48.0 6,672.00$ 2.0 232.00$ - -$ 92.0 14,416.00$ -$ 1,000.00$ -$

4.04 Review Meeting #4 4.0 904.00$ 4.0 640.00$ - -$ 0.5 58.00$ - -$ 8.5 1,602.00$ -$ -$ -$

4.05 Review Meeting #5 - -$ 4.0 640.00$ - -$ 0.5 58.00$ - -$ 4.5 698.00$ -$ -$ -$

4.06 100% PS&E's 6.0 1,356.00$ 20.0 3,200.00$ 36.0 5,004.00$ 2.0 232.00$ - -$ 64.0 9,792.00$ -$ 1,000.00$ -$ SUBTOTAL 4.0 36.0 8,136.00$ 98.0 15,680.00$ 148.0 20,572.00$ 7.5 870.00$ - -$ 289.5 45,258.00$ -$ 3,500.00$ -$ Subconsultant Administration 10%-$ 350.00$ -$
Proj Manager 1 Administrator
Callander Associates' Personnel and Rates
Construction Man. Designer 1
CA Fees
Principal
PJ496_FEE_Rev1.xlsx
© copyrighted 2020 Callander Associates
Landscape Architecture, Inc.

Page 1 of 2 ends

9.I-8Council Agenda 9-6-2022
Attachment 1B

Task Matrix
Chumash and Palisades Park
08/18/2022
@ $226 @ $160 @ $139 @ $116 @ $173 Surveyor Structural Geotech Phase Description hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s $'s $'s $'s Proj Manager 1 Administrator
Callander Associates' Personnel and Rates
Construction Man. Designer 1
CA Fees
Principal

5.0 Engineering Support During Bidding and Construction

5.01 Bid Period Assistance - -$ 6.0 960.00$ 8.0 1,112.00$ - -$ 10.0 1,730.00$ 24.0 3,802.00$ -$ 500.00$ -$ SUBTOTAL 2.0 - -$ 6.0 960.00$ 8.0 1,112.00$ - -$ 10.0 1,730.00$ 24.0 3,802.00$ -$ 500.00$ -$ Subconsultant Administration 10%-$ 50.00$ -$ hrs CALA Surveyor Structural Geotech

1.0 Preliminary Engineering Investigation 16.0 2,846.00$ -$ -$ -$

2.0 Field Survey 5.0 800.00$ 13,167.00$ -$ -$

3.0 Preliminary Engineering Design 111.0 18,047.00$ -$ -$ 11,000.00$

4.0 Final Engineering Design 289.5 45,258.00$ -$ 3,850.00$ -$

5.0 Engineering Support During Bidding and Construction 24.0 3,802.00$ -$ 550.00$ -$ Additional Services Contingency 5,000.00$ -$ -$ -$ Reimbursables (allowance)5,022.00$
445.5 80,775.00$ 13,167.00$ 4,400.00$ 11,000.00$ TOTAL COMPENSATION PJ496_FEE_Rev1.xlsx
© copyrighted 2020 Callander Associates
Landscape Architecture, Inc.

Page 2 of 2 ends

9.I-9Council Agenda 9-6-2022
Attachment 1B

1 of 12
Vendor Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES

This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Landscape Structures, Inc. (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:

Design, Purchase and Delivery of Playground Equipment for Palisades and Chumash Parks

VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR

VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

II. TERM

Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through 06/30/2023. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.

III. COMPENSATION

A. VENDOR’s Fee

For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of three hundred twenty-six thousand eight hundred forty-one dollars and ninety-nine cents ($326,841.99), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II,

2 of 12
Vendor Agreement (Rev. 2/2/2018)
VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

B. Schedule of Payment

VENDOR will submit invoices monthly for actual services performed and associated expenses.

IV. TERMINATION OF AGREEMENT

V. FORCE MAJEURE

VI. RETENTION OF FUNDS

9.I-10Council Agenda 9-6-2022
Attachment 2

3 of 12
Vendor Agreement (Rev. 2/2/2018)
VII. CITY REPRESENTATIVE

The Senior Engineer is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

VIII. VENDOR REPRESENTATIVE(S)

IX. INDEPENDENT CONTRACTOR

X. BUSINESS LICENSE

VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XI. OTHER LICENSES AND PERMITS

VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS

4 of 12
Vendor Agreement (Rev. 2/2/2018)
services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

XIII. INDEMNIFICATION

A. Non-design, non-construction Professional Services:

B. Non-design, construction Professional Services:

9.I-11Council Agenda 9-6-2022
Attachment 2

5 of 12
Vendor Agreement (Rev. 2/2/2018)
C. Design Professional Services:

In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.

XV. INSURANCE

6 of 12
Vendor Agreement (Rev. 2/2/2018)

4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

B. Other provisions or requirements:

Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.

9.I-12Council Agenda 9-6-2022
Attachment 2

7 of 12
Vendor Agreement (Rev. 2/2/2018)
CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement

8 of 12
Vendor Agreement (Rev. 2/2/2018)
of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.

XVI. SUBCONTRACTORS

Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;

9.I-13Council Agenda 9-6-2022
Attachment 2

9 of 12
Vendor Agreement (Rev. 2/2/2018)
XVII. CONFLICT OF INTEREST

No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

XVIII. NOTICE

All notices, requests, demands, or other communications under this AGREEMENT will be in writing.

Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.

Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.

10 of 12
Vendor Agreement (Rev. 2/2/2018)
XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING

This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.

The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.

XX. INTERPRETATION

XXI. SEVERABILITY

XXII. TIME OF ESSENCE

Time is of the essence in the performance of this AGREEMENT.

XXIII. GOVERNING LAW; JURISDICTION

This AGREEMENT will be administered and interpreted under the laws of the State of California.

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS

XXV. WAIVER OF BREACH

XXVI. ATTORNEY’S FEES

9.I-14Council Agenda 9-6-2022
Attachment 2

11 of 12
Vendor Agreement (Rev. 2/2/2018)
will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

XXVII. EXHIBITS

All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.

In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

XXIX. INTEGRATION; AMENDMENT

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

Signatures begin on next page.

12 of 12
Vendor Agreement (Rev. 2/2/2018)
CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Benjamin A. Fine, P.E.

Title: Director of Public Works/City Engineer
Dated: ________________________________

Signed:

Name: James R. Lewis
Title: City Manager
Dated: ________________________________

Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

Name: David M. Fleishman
Title: City Attorney
VENDOR:

Landscape Structures, Inc.

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice (See Section XVIII):
______________________________________
______________________________________

Email address for official communications:
______________________________________

Vendor Representative (See Section VIII):

Name/Title: ____________________________

Attachments:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule

9.I-15Council Agenda 9-6-2022
Attachment 2

'LVFRXQW
$''237,21

127(
&RVWOLVWHGIRU$''237,216
GR127LQFOXGHGLVFRXQWWD[HVRUDGGHG
IUHLJKWFRVWV

1RWHV
7KLVTXRWHJRRGXQWLOGD\VIURPGDWHRIWKLVSURSRVDO

3OHDVHILOOLQDVQHFHVVDU\

0DWWLH5G
3LVPR%HDFK &$

&LW\RI3LVPR%HDFK&RUSRUDWLRQ<DUG
)UDG\/DQH
6KLS7R

3OHDVHILOOLQDVQHFHVVDU\

3LVPR%HDFK &$

&+(&.672%(0$'(28772

/$1'6&$3(6758&785(6,1&6'6

32%2;
0,11($32/,601

1HWIURP6KLSPHQW7HUPV

3URMHFW7LWOH

&KXPDVK3DUN2SW
3LVPR %HDFK &$
/RFDWLRQ

$FFW&RGH

'DWH

Subtotal Material:

Installation:

Sales Tax :
TOTAL:

Total Weight:

5HVDOH

3URSRVDO1R

NATE STUTZ
$&&(37('%<'$7(
5(&:(67287'225352'8&76,1&

5(35(6(17$7,9(62)/6,
;
3URSRVDO
6,*1$785(%(/2:$&&(37,1*7+,6352326$/:,//&2167,787( $385&+$6(25'(521/<8321$33529$/%<

/$1'6&$3(6758&785(6,1&
7+676287+
'(/$1201
([KLELW$ %

'LVFRXQW
127(6

3OHDVHILOOLQDVQHFHVVDU\

0DWWLH5G
3LVPR%HDFK &$

&LW\RI3LVPR%HDFK&RUSRUDWLRQ<DUG
)UDG\/DQH
6KLS7R

3OHDVHILOOLQDVQHFHVVDU\

3LVPR%HDFK &$

&+(&.672%(0$'(28772

/$1'6&$3(6758&785(6,1&6'6

32%2;
0,11($32/,601

1HWIURP6KLSPHQW7HUPV

3URMHFW7LWOH

3DOLVDGHV 3DUN 2SW
3LVPR %HDFK &$
/RFDWLRQ

$FFW&RGH

'DWH

Subtotal Material:

Installation:

Sales Tax :

TOTAL:

Total Weight:

5HVDOH

3URSRVDO1R

NATE STUTZ
$&&(37('%<'$7(
5(&:(67287'225352'8&76,1&

5(35(6(17$7,9(62)/6,
;
3URSRVDO
6,*1$785(%(/2:$&&(37,1*7+,6352326$/:,//&2167,787( $385&+$6(25'(521/<8321$33529$/%<

/$1'6&$3(6758&785(6,1&
7+676287+
'(/$1201

9.I-16Council Agenda 9-6-2022
Attachment 2

1 of 12
Vendor Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES

This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Callander Associates Landscape Architecture, Inc. (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:

Palisades and Chumash Park Playgrounds – Preparation of Construction Documents

VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR

VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

II. TERM

Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through June 30, 2023. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.

III. COMPENSATION

A. VENDOR’s Fee

For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of one hundred nine thousand three hundred forty-two dollars ($109,342), unless otherwise first approved in writing by CITY. Should this

2 of 12
Vendor Agreement (Rev. 2/2/2018)
AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

B. Schedule of Payment

VENDOR will submit invoices monthly for actual services performed and associated expenses.

IV. TERMINATION OF AGREEMENT

V. FORCE MAJEURE

VI. RETENTION OF FUNDS

9.I-17Council Agenda 9-6-2022
Attachment 3

3 of 12
Vendor Agreement (Rev. 2/2/2018)
VII. CITY REPRESENTATIVE

VIII. VENDOR REPRESENTATIVE(S)

IX. INDEPENDENT CONTRACTOR

X. BUSINESS LICENSE

VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XI. OTHER LICENSES AND PERMITS

VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS

XIII. INDEMNIFICATION

A. Non-design, non-construction Professional Services:

B. Non-design, construction Professional Services:

9.I-18Council Agenda 9-6-2022
Attachment 3

5 of 12
Vendor Agreement (Rev. 2/2/2018)
C. Design Professional Services:

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.

XV. INSURANCE

6 of 12
Vendor Agreement (Rev. 2/2/2018)

4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

B. Other provisions or requirements:

9.I-19Council Agenda 9-6-2022
Attachment 3

7 of 12
Vendor Agreement (Rev. 2/2/2018)
CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement

8 of 12
Vendor Agreement (Rev. 2/2/2018)
of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

XVI. SUBCONTRACTORS

Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;

9.I-20Council Agenda 9-6-2022
Attachment 3