AGENDA
Pismo Beach City Council
Tuesday, February 7, 2023
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:
• Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. • To make 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:
• 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 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:
• Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted. • To make 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:
• 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:
• 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:
• 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 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:
• 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; 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 2-7-2023
Pismo Beach City Council Agenda February 7, 2023
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: Guthrie, Inman, 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 - No action to be taken
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT - No action to be taken
8. COUNCIL COMMITTEE REPORTS
1- Air Pollution Control District, SLO County (Newton/Reiss) 2- California Joint Powers Insurance Authority (Reiss)
3- CAPSLO (Reiss)
4- Central Coast Blue Regional Recycled Water Authority (Waage) 5- Central Coast Community Energy Policy Board (Mayor)
6- Chapman Estate Foundation (Liaison) (Reiss)
7- Coastal Cities Group, League of CA Cities (Waage)
8- Conference and Visitors Bureau / LBID Board (Liaison) (Inman) 9- Friends of Price House Liaison (Waage)
10- Hazard Mitigation & Fire Safety (Inman/Waage)
11- Homeless Services Oversight Council (Guthrie/Reiss) 12- Integrated Waste Management Authority (Newton/Inman) 13- Mobile Home Rent Stabilization Subcommittee (Inman/Reiss) 14- REACH (Newton)
15- Regional Transit Authority, SLO (Waage/Reiss)
16- Shell Beach Improvement Group Liaison (Inman)
17- SLOCOG (Waage/Reiss)
18- South County Chambers Gov’t Affairs (Guthrie/Inman) 19- Visit SLO CAL Advisory Committee (Inman)
20- Water Resources Advisory Committee, SLO (Guthrie/Inman) 21- Zone 3 Water Advisory Committee, SLO (Guthrie/Inman) (Govt Code Section 53232.3)
Council Agenda 2-7-2023
Pismo Beach City Council Agenda February 7, 2023
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:
1. Adopt Minutes of the January 11, 2023 Special Meeting.
2. Adopt Minutes of the January 17, 2023 Closed and Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for January 15, 2023;
2. Approve the Register of Demands for January 6, 2023.
Item 9.C: Update on January 9, 2023, March 16, 2020, and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
No action recommended; for information only.
Item 9.D: Purchase of Replacement Vehicle for Fire Department (Fine)
Recommendation:
Adopt a Resolution:
1. Authorizing the purchase of one 2023 F250 Super Duty truck from National Auto Fleet Group in the amount of $55,806.90; and
2. Accepting $17,999 in future grant revenues in Fiscal Year 2024 to reimburse the Motor Vehicle Replacement Fund for this purchase; and
3. Appropriating related budget adjustments in Fiscal Years 2023 and 2024.
Item 9.E: Revised Building Code Findings in Response to Building Standards Commission Review (Downing)
Recommendation:
Adopt a Resolution setting forth findings in support of amendments to the 2022 California Building Code, Residential Code, Existing Building Code, Electrical Code, Mechanical Code, and Plumbing Code based on local climactic, topographic and/or geological conditions.
Item 9.F: Acceptance of Public Improvements Related to Tract 192, Ocean View Estates No. 2 (Fine)
Recommendation:
Adopt a Resolution accepting the streets related to Tract 192, Ocean View Estates No. 2.
Council Agenda 2-7-2023
Pismo Beach City Council Agenda February 7, 2023
Item 9.G: Agreement with SOV Security for Digital Video Storage Retention Upgrade (Feeser)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an agreement with Merjan Enterprises, Inc. dba SOV Security in the amount of $177,880.95 for digital video storage equipment and services.
10. ITEMS PULLED FROM CONSENT CALENDAR
11. PUBLIC HEARINGS - No earlier than 6:00 p.m.
None.
12. BUSINESS ITEMS - May be reordered and heard prior to Public Hearings
Item 12.A: Risk Management Annual Report (Garcia)
Recommendation:
Receive the 2022 Risk Management Annual Report as information.
Item 12.B: Agreement with Water Systems Consulting, Inc. For Engineering Design Services for a New Groundwater Production Well (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Water Systems Consulting, Inc. in the amount of $445,559 for engineering design services for the New Groundwater Production Well project.
Item 12.C: Water Conservation Programs and Funding (Fine)
Recommendation:
1. Adopt a Resolution appropriating $50,000 from the Water Enterprise Fund to fund the City’s current water conservation incentive programs; and
2. Adopt a Resolution amending the limit for the Cash for Grass rebate program to be $2.00 per square foot of lawn removed, with a maximum rebate of the lesser amount between $10,000 or 50% of the total project cost.
13. CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken
Council Agenda 2-7-2023
Pismo Beach City Council Agenda February 7, 2023
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
Closed Meeting 5:00 p.m. Tuesday, February 21, 2023 Council Chamber, City Hall Regular Meeting 5:30 p.m. Tuesday, February 21, 2023 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 February 7, 2023 meeting(s) of the Pismo Beach City Council was posted on February 2, 2023, 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 [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 2-7-2023
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.A
` SUBJECT/TITLE:
ADOPTION OF MEETING MINUTES
RECOMMENDATION:
1. Adopt Minutes of the January 11, 2023 Special Meeting.
2. Adopt Minutes of the January 17, 2023 Closed 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 for January 17, 2023
2. Draft Minutes for January 11, 2023
Submitted by: Erica Inderlied, City Clerk Meeting Date: February 7, 2023 City Manager Approval:
9.A-1Council Agenda 2-7-2023
Packet Page 1
DRAFT MINUTES
Pismo Beach City Council
Wednesday, January 11, 2023
Special Meeting—2:00 p.m.
Meeting Conducted Virtually
The City Council of the City of Pismo Beach met this date in a special session with Mayor Waage presiding.
CALL TO ORDER: 2:01 p.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Assistant City Manager
Erica Inderlied, City Clerk
James R. Lewis, City Manager
Jeff Smith, Chief of Police
2. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3. AGENDA ITEMS
Item 3.A: Resolution Ratifying Proclamation of the Existence of a Local Emergency by Director of Emergency Services, and Proclaiming Continued Existence of Local Emergency (Lewis)
Recommendation: Adopt a Resolution ratifying and confirming actions by the Director of Emergency Services/City Manager during the existence of a local emergency, and proclaiming the continued existence of a local emergency.
9.A-2Council Agenda 2-7-2023
Attachment 1
Packet Page 2
Presenting staff:
James R. Lewis, City Manager
Call for public comment: No comment.
Action: Adopt a Resolution ratifying and confirming actions by the Director of Emergency Services/City Manager during the existence of a local emergency, and proclaiming the continued existence of a local emergency.
Motion: Reiss
Second: Newton
Vote: The motion passed on the following vote:
Ayes: 5 Reiss, Newton, Guthrie, Inman, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-001 adopted.
4. CITY COUNCIL COMMENTS AND REQUESTS
No requests.
5. ADJOURNMENT
At 2:14 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
9.A-3Council Agenda 2-7-2023
Attachment 1
Packet Page 3
DRAFT MINUTES
Pismo Beach City Council
Tuesday, January 17, 2023
Special Closed Session—5:00 p.m.
Administration Conference Room, City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 5:00 p.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
James R. Lewis, City Manager
2. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session item listed below.
Item 3.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: V. Lopez Jr. & Sons General Engineering Contractors, Inc. vs. City of Pismo Beach
San Luis Obispo Superior Court Case No. 20CV-0652
9.A-4Council Agenda 2-7-2023
Attachment 2
Packet Page 4
4. CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above item.
5. ADJOURNMENT
At 5:20 p.m., to the 5:30 p.m. Regular Meeting.
9.A-5Council Agenda 2-7-2023
Attachment 2
Packet Page 5
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 Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
Ian Livingston, Building Official
James R. Lewis, City Manager
Jeff Smith, Chief of Police
2. PLEDGE OF ALLEGIANCE
Council Member Newton led the Pledge of Allegiance.
3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
4. PRESENTATIONS
None.
5. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
9.A-6Council Agenda 2-7-2023
Attachment 2
Packet Page 6
6. CITY MANAGER’S REPORT
City Manager Lewis commented on various topics.
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman reported that the Council had taken no reportable action during its 5:00 p.m. Closed Session.
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Inman:
Shell Beach Improvement Group
Mayor Pro Tem Reiss:
San Luis Obispo Council of Governments (SLOCOG) Board
Mayor Waage:
San Luis Obispo County Community Fire Safe Council.
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote (Items 9.A through 9.I):
Ayes: 5 Guthrie, Newton, Inman, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the December 12, 2022 Special Meeting.
2. Adopt Minutes of the December 20, 2022 Regular Meeting.
9.A-7Council Agenda 2-7-2023
Attachment 2
Packet Page 7
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for December 18, 2022 and January 1, 2023.
2. Approve the Register of Demands for December 16, 2022 and December 30, 2022.
Item 9.C: Department Activity Reports for November 2022 (All)
Recommendation:
Receive reports as information only.
Item 9.D: Paid Parking Quarterly Update—Second Quarter of Fiscal Year 2023 (Downing)
Recommendation:
No action recommended; for information only.
Item 9.E: Annual Review and Approval of Investment Policy (Feeser)
Recommendation:
Approve the City of Pismo Beach Investment Policy.
Item 9.F: Award of Construction Contract to American Enviro Services, Inc. for the North Shell Beach Road Storm Drain Repair Project (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to award a contract to American Enviro Services, Inc. in the amount of $199,417 for the construction of the North Shell Beach Road Storm Drain Repair Project, and appropriating related budget adjustments.
Legislative Record: Resolution R-2023-002 adopted.
Item 9.G: Award Construction Contract to Jack Handley Construction Services for the Chapman Estate ADA Restroom Remodel and Addition Project (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to award a contract to Jack Handley Construction Services in the amount of $327,950 for the construction of the Chapman Estate ADA Restroom Remodel and Addition Project.
Legislative Record: Resolution R-2023-003 adopted.
9.A-8Council Agenda 2-7-2023
Attachment 2
Packet Page 8
Item 9.H: Purchase of Additional Parking Meters, Associated Hardware, and Housings from IPS Group (Smith)
Recommendation:
Adopt a Resolution authorizing the City of Pismo Beach to purchase 210 Parking Meters, associated hardware, and housings from IPS Group for a total of $255,911 in Fiscal Year 2023, and appropriating related budget adjustments.
Legislative Record: Resolution R-2023-004 adopted.
Item 9.I: Contract with Phoenix Group Information Systems for Parking Revenue and Citation Management for a Three-Year Term
(Smith)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a three- year contract with Phoenix Group Information Systems for parking revenue and citation management services from February 1, 2023, to January 31, 2026.
Legislative Record: Resolution R-2023-005 adopted.
10. ITEMS PULLED FROM CONSENT
None.
11. PUBLIC HEARINGS
None.
12. BUSINESS ITEMS
Item 12.A: Progress Report on Fiscal Year 2022 & 2023 City Council Goals (Lewis)
Recommendation:
Receive a progress report on the City Council’s Fiscal Year 2022 & 2023 Goals.
Presenting staff:
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
Call for public comment: No comment.
Action: No action.
9.A-9Council Agenda 2-7-2023
Attachment 2
Packet Page 9
Item 12.B: Water Supply Update (Fine)
Recommendation:
Receive an update on the City’s water supply.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment:
Tedd commented.
Action: Consensus to direct staff to return with a consent agenda item allowing the Council to consider allocating additional funding, in an amount determined to be appropriate by staff, to maintain current Water Conservation Rebate Programs.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
13. CITY COUNCIL COMMENTS AND REQUESTS
The Council commended staff for their emergency response to the storm that occurred January 8 and 9, 2023.
14. ADJOURNMENT
At 6:33 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
9.A-10Council Agenda 2-7-2023
Attachment 2
Packet Page 10
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 January 15, 2023.
2. Approve the Register of Demands for January 6, 2023.
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. Registers of Demands
Submitted by: Meeting Date: February 7, 2023
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:
9.B-1Council Agenda 2-7-2023
Packet Page 11
FOR PERIOD ENDING 01/15/23
CHECKS DATED 01/20/23
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556930 ‐ 556933 4
ACH 124
EARNINGS
REGULAR 482,137.10
HOLIDAY 5,527.65
OVERTIME (Includes Comp Time Payouts)12,156.05
Administration
Building
Conference & Visitors Bureau
Police Department 6,937.77
Parking
Engineering
Fire
Recreation
Public Works 156.37
Water 2,317.09
Wastewater 2,744.82
Motor Vehicles
Subtotal‐Overtime 12,156.05$
SALARY ADJUSTMENTS 2,820.06
TRAINING / UNIFORM ALLOWANCE 96.00
OTHER EARNINGS 15,227.11
$517,963.97
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 57,219.96
FICA & MEDICARE 38,963.55
STATE INCOME TAX 22,565.00
STATE DISABILITY INSURANCE 4,440.81
GARNISHMENTS 461.53
HEALTH 2,133.27
SUPPLEMENTAL DISABILITY 1,578.02
SECTION 125 3,033.32
PERS 34,601.39
DEFERRED COMPENSATION 10,014.71
ADDITIONAL LIFE INSURANCE 286.42
UNION DUES 2,529.85
PISMO ATHLETIC CLUB 230.00
OTHER
NET PAYROLL $339,906.14
DIRECT DEPOSIT DEDUCTION 338,159.95
NET PAYROLL AFTER ACH DEPOSIT 1,746.19
SUMMARY PAYROLL REGISTER
9.B-2Council Agenda 2-7-2023
Attachment 1
Packet Page 12
City of Pismo Beach
Final Disbursement List Check Date 01/06/2023
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 01/06/2023 92,629.11$ Federal Income Tax PD 01/06/23 ACH 12260 dba: Mission Square ICMA Retirement Trust ‐ 457 01/06/2023 23,725.42 ICMA 457 Deferred Comp EE & ER PD 01/06/23 ACH 12305 Franchise Tax Board 01/06/2023 15,262.22 State Income Tax & SDI PD 01/06/23 ACH 12360 CalPERS 457 Plan 01/06/2023 291.67 PERS 457 Deferred Comp 01/06/23 ACH 12708 dba: Mission Square ICMA Retirement Trust‐Roth IRA 01/06/2023 510.00 ICMA Roth IRA PD 01/06/23 124644 10434 Abalone Coast Analytical Inc 01/06/2023 120.00 Water analysis 1/2/23 124645 12362 Applied Industrial Technologies 01/06/2023 595.32 Chain for DAF unit 124646 10147 Arrowhead Scientific, Inc 01/06/2023 228.82 Evidence packaging material 124647 12282 ASCE Membership 01/06/2023 310.00 2023 Annual Membership 124648 10295 B & B Steel & Supply 01/06/2023 773.11 Facilities ‐ Shelving 124649 11501 Backyard Improvement Center 01/06/2023 1,490.84 St. Jude's Fence 124650 10293 Battery Systems Inc 01/06/2023 6,881.65 FDE64‐ FDE63‐ FDE264 Batteries 124651 UB*00960 SHAMUS BETTENCOURT 01/06/2023 180.00 Refund Check 018936‐000, 1557 COSTA BRAVA 124652 UB*00957 FERNANDO BOSSELOO 01/06/2023 283.33 Refund Check 018842‐000, 117 PALOMAR #C 124653 14229 Brendler Janitorial Service 01/06/2023 16,152.00 Janitorial Services November 2022 124654 14148 Michael H. Bruffey 01/06/2023 1,125.00 Lead & Mold Spore Sampling Collection/Report 124655 13852 California Diesel & RV LLC 01/06/2023 222.68 FDE63 Air Dryer Assy 124656 14414 California State Disbursement Unit 01/06/2023 461.53 Tax Withholding Order PD 01/06/23 124657 10085 Cannon Associates 01/06/2023 160,334.13 Ocean Blvd CM ‐ Nov 2022 124658 14382 CleanStreet, LLC 01/06/2023 13,662.62 Street Sweeping ‐ November 2022 124659 11465 Coast Electronics 01/06/2023 4,661.23 Lifeguard & JG Instructor radios 124660 14445 Consor North America, Inc. 01/06/2023 26,462.58 Bello and Price Canyon Signal ‐ Oct 2022 124661 14202 Crisp Imaging 01/06/2023 49.10 Office Supplies 124662 14313 Culligan/Santa Maria 01/06/2023 12.00 Drinking Water Dec 2022‐ VIC 124663 11469 Eikhof Design Group Inc 01/06/2023 1,320.00 Development Review Services Nov 2022 124664 12541 Engel & Gray Inc 01/06/2023 12,228.16 Composting Biosolids Nov 2022 124665 11156 Barry Erlich 01/06/2023 550.00 Cash for Grass ‐ 130 Seaview 124666 12700 Russ Fleming 01/06/2023 161.06 Reimb: SWRCB T2 Drinking Water Operator Certification 124667 14490 Dominique Gonzales 01/06/2023 1,000.00 Refund: Deposit for SBVH 12/17/22 124668 10751 Haaker Equipment Company 01/06/2023 1,362.80 Vactor ‐Joystick controller for hose reel 124669 11977 Dan Hall 01/06/2023 324.80 Instructor: Yoga with Dan 12/1 ‐ 12/21/22 #11034 124670 14246 Hunter Smith Architecture 01/06/2023 6,967.50 Design work for Chapman Estate ‐ Nov 2022 124671 10760 Johnboy's Towing 01/06/2023 300.00 WT171 Tow 124672 12371 Kemira Water Solutions Inc 01/06/2023 9,657.16 Ferrous Chloride 124673 11230 MBS Land Surveys 01/06/2023 2,000.00 Huber St Easement 124674 12279 McMaster Carr 01/06/2023 30.94 Corrosion resistant tape measure 124675 13645 MDN Engineering, LLP 01/06/2023 1,375.00 Bello Bridge monitoring ‐ Nov 2022 124676 11172 Mullahey Ford 01/06/2023 63.20 PD096 ‐ Annual Smog Inspection 124677 14343 ODP Business Solutions, LLC 01/06/2023 423.38 Office Supplies 124678 10728 Oilfield Environmental & Compliance, Inc. 01/06/2023 2,930.33 Lab Analysis Nov 2022 124679 14492 Patriot Plumbing and Drain Cleaning 01/06/2023 1,000.00 Release bond for encroachment permit ‐ 475 Hollister 124680 UB*00959 PCR HOMES LLC 01/06/2023 13.32 Refund Check 018856‐000, 1045 CANYON LANE 124681 13197 Pioneer Americas, LLC 01/06/2023 8,505.00 Sodium Hypochlorite 124682 10633 Pismo Beach Athletic Club Inc 01/06/2023 516.00 PBAC Dues January 2023 124683 14491 Pittman Construction 01/06/2023 2,500.00 Release bond for water lateral ‐ 383 Palomar 124684 12022 Pismo Beach Police Officer's Association 01/06/2023 1,570.76 POA Dues PD 01/06/23 124685 13796 ReadyRefresh by Nestle 01/06/2023 193.99 Drinking Water Dec 2022 124686 12174 Rotary Club Of Pismo Beach 01/06/2023 99.82 Rotary Club Dues ‐ November 2022 124687 11208 SEIU Local 620 AFL/CIO 01/06/2023 934.14 SEIU Dues PD 01/06/23 124688 13913 Silvas Oil Co., Inc 01/06/2023 12,747.54 Diesel & Unleaded Fuel Deliveries 12/13/22 124689 UB*00958 SK3 HOMES, INC. 01/06/2023 43.38 Refund Check 018938‐001, 132 VISTA DEL MAR #B 124690 12031 Stanley Convergent Security Solutions 01/06/2023 516.50 Installation charges ‐ Corp Yard Building 124691 10025 State Water Resource Ctrl Brd 01/06/2023 25,397.00 Annual Permits: Pier Plaza, Collection System, MS4 & WWTP 124692 12630 SWCA Environmental Consultants 01/06/2023 4,350.37 Ocean Blvd Archaeological Support Nov 2022 124693 14493 Tyler Thurston 01/06/2023 250.00 Reimb: Safety Boots ‐ FY23 124694 12461 TJA Advertising 01/06/2023 67,625.38 CVB & LBID Advertising and Media Dec 2022 124695 12622 USA Bluebook Acct: 82507 01/06/2023 370.16 WWTP Supplies 124696 10507 V & V Manufacturing 01/06/2023 575.00 Pink Badges for Command Staff/Records/Dispatch 124697 14488 VBP Operating Co., LLC 01/06/2023 9,401.89 Remaining Balance for 1/6/2023 Holiday Event 124698 12527 Water Systems Consulting Inc 01/06/2023 325,320.56 CCB final design, NCMA Staff Extension ‐ Nov 2022 124699 13490 WIP, Inc.‐PBR Enterprises 01/06/2023 24,267.84 Installation of Automated Chamber AV Equipment Total:893,317.34$
9.B-3Council Agenda 2-7-2023
Attachment 2
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.C
SUBJECT/TITLE:
UPDATE ON JANUARY 9, 2023, MARCH 16, 2020, AND JANUARY 12, 2017
EMERGENCY PROCLAMATIONS
RECOMMENDATION:
No action recommended; for information only.
BACKGROUND:
Chapter 2.32 of the Pismo Beach Municipal Code empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by an emergency and the City Council is not in session. An emergency exists when conditions are beyond the control of the services, personnel, equipment, facilities, and existing laws of this City. The declaration is an acknowledgement of the need for additional resources and expedited procedures to deal with the emergency. The Director of Emergency Service’s declaration is subject to City Council ratification within seven days.
As required by the Emergency Declarations ratified by Resolution R-2023-001 on January 11, 2023, relating to winter storm damage, Resolution R-2020-026 on March 17, 2020, relating to the COVID-19 health threat, and by Resolution R-2017-012 on January 17, 2017, relating to winter storm damage, the following status report is provided for information purposes.
January 11, 2023 Proclamation: Winter Storms
The City Council declared a state of emergency on January 11, 2023, via Resolution R- 2023-001, ratifying the Emergency Services Director’s proclamation of a local emergency in response to the January 2023 winter storms. On January 9, 2023, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Newson for the region. On January 14, 2023 President Biden approved a major disaster declaration for the January storms, making federal disaster aid available. The storms, which began the first week of January, took a toll on the community, causing conditions of peril to the safety of persons and property due to flooding, bluff erosion, strong winds and other storm related damages.
Staff took immediate cleanup and protective measures of the sites where possible and has been working with FEMA through the California Governor's Office of Emergency Services (CalOES) for reimbursement for work and funds required to cleanup and secure the various sites. Staff attended a Recovery Scoping Meeting with FEMA on January 18, 2023. Sites that were submitted to FEMA/CalOES include:
Section of bluff on Ocean Boulevard north of Margo Dodd Park between Seaview Avenue and Palisade Avenue
Section of failed bluff at intersection of Palisade Avenue and Ocean Avenue Council Agenda 2-7-2023 9.C-1
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Pier Avenue Storm Drain Outfall
Pier Avenue Stairs
Eldwayen Park Point (area in park that includes telescope and public bench) Eldwayen Park North (section of park on north end adjacent to Ocean Boulevard Improvement Project)
Price Canyon Slope (section of recently completed slope repair)
March 17, 2020 Proclamation: COVID-19
A severe acute respiratory illness caused by a novel (new) coronavirus, known as COVID- 19, has spread globally and rapidly, resulting in illness and death around the world. The World Health Organization has described COVID-19 as a global pandemic. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the increased spread of COVID-19. Additionally, on March 13, 2020, the County of San Luis Obispo declared a countywide emergency. And on March 13, 2020, the President of the United States declared a federal emergency as a result of COVID-19.
The City Manager, acting as the Director of Emergency Services, proclaimed the existence of a local emergency on March 16, 2020, which declaration was ratified by Council Resolution R-2020-0261 on March 17, 2020. The Council further proclaimed that a local emergency existed as of the date of the Governor’s March 4, 2020 declaration of emergency, and that the local emergency continued to exist. The City also partially activated its Emergency Operations Center on March 16, 2020 and the EOC team has met periodically to address the changing conditions presented by the various emergency declarations and other state and county health guidance.
Actions taken to date with respect to COVID-19 response have included the continued procurement of sanitation supplies, the temporary closure of City Hall and other City facilities to the public, additional software licensing to increase public access to the City’s online records, and the development of virtual meeting models to allow the City Council, staff, the business community, and residents to participate remotely in critical meetings.
The City ordered Pismo Beach-branded bandanas to be used as face coverings, and provided them to lodging properties and other businesses for distribution to customers.
As a result of seasonal crowds, staff ordered and posted signage promoting keeping physical distance. The City has allowed the use of the right-of-way for queuing of customers, and developed a pilot Temporary Outdoor Dining Area Certification (TODAC) program allowing businesses to place tables for their customers in approved outdoor areas such as parking lots. The City Council has also authorized the use of certain street rights-of-way for temporary outdoor dining as part of the City’s COVID-19 Support Dining Encroachment Permit program, which is still in effect.
During the initial closure of City facilities, the City adopted work-from-home policies and procedures to allow “essential” staff to continue their work and offer many public services virtually. At a special meeting of the City Council held on December 11, 2020, the Council authorized the Mayor to support a regional initiative for the counties of San Luis Obispo,
1 Full URL:
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Santa Barbara, and Ventura to be considered separately from the “Southern California” region for purposes of state COVID-19 metrics that dictate which counties are able to “re- open,” as the rates of infection and ICU occupation remain much lower in the tri-county area than the remainder of the counties currently considered to be part of the “Southern California” region. A joint Mayors’ letter asking for the state’s consideration of this request was transmitted the week of December 14, 2020. At this same meeting, the Council affirmed its support for this City’s continued enforcement of what were then known as state “purple tier” health and safety restrictions.
On May 19, 2020, the Council adopted Urgency Ordinance O-2020-004 which implemented a requirement that employees of any business open to the public wear face coverings when unable to maintain adequate physical distance from customers, as well as a requirement that each such business post signage encouraging patrons to wear masks, and providing information about CDC recommendations relating to hand washing and other topics. This Ordinance became effective on May 20, 2020. Staff delivered direct messaging to the business community using contact information provided in business licensing records. On June 15, 2021, following the relaxing of state health directives relating to the virus, the City Council adopted Urgency Ordinance O-2021-002 which repealed the City’s local face covering mandates.
The City provided messaging to the community encouraging the public to pursue vaccination, and has ensured that City Council Members and staff members are enrolled in vaccination opportunities as appropriate. On April 27, 2021, it was announced that San Luis Obispo County would be moved to what was then known as the state’s “orange” tier of state-mandated health and safety restrictions, effective April 28, 2021, enabling the transition to certain activities, such as limited indoor gatherings of individuals, with certain restrictions. As such, staff implemented a hybrid model for City Council and Planning Commission meetings, where a majority of legislative body members and some staff are present in person, and some legislative body members, some staff, and all members of the public are present virtually.
In late May of 2021, the State of California announced the planned repeal of most temporary health and safety restrictions relating to COVID-19 on June 15, 2021. In anticipation of a grace period allowing local jurisdictions to return to pre-pandemic practices shortly after the emergency orders were lifted, staff prepared logistically for the full return of the public in-person access to City Hall, other City facilities, and City Council Meetings. At the time of the update presented on August 17, 2021, nearly all City staff had returned to the office full-time, and CalOSHA guidance relating to the use of face coverings in the workplace had been implemented.
As of late 2021, City was monitoring concerns relating to the delta variant of the coronavirus, and the full return to in-person legislative meetings had yet to be implemented. In accordance with face covering guidance issued by the County Health Officer effective September 1, 2021, the City had issued a directive requiring employees to return to the use of face masks indoors and in vehicles when in proximity to other employees, as well as requiring visitors to wear masks inside City facilities.
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The California Governor ended the state’s indoor mask mandate for vaccinated people on February 15, 2022, and at that point, vaccinated employees and officials were no longer required to wear face coverings inside City work facilities. A hybrid in-person/virtual legislative meeting model was implemented for meetings of the City Council and advisory bodies, with legislative body members, staff, and the public participating both in the Council Chamber and virtually.
Due to a relatively high number of COVID-19 cases at City Hall in late May and early June 2022, a number of staff resumed work-from-home practices on a temporary basis, and in addition to following standard CalOSHA guidance, enhanced guidance for masking upon returning to the office was implemented. Legislative meetings in the first half of June were held entirely virtually, and have since returned to fully in-person, with a virtual access option. Staff is monitoring state and county regulatory changes, including Assembly Bill 2449, which became effective January 1, 2023, and affect logistics relating to the implementation of the teleconferencing under the Brown Act for legislative meetings, making it significantly more difficult for legislative body members to attend meetings remotely.
On October 17, 2022, the California Governor’s Office announced its plans to terminate the statewide COVID-19 state of emergency as of February 28, 2023. As such, staff will return on February 21, 2023 with a recommendation that the City Council terminate the City’s local emergency relating to the pandemic.
January 12, 2017 Proclamation: Winter Storms
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-0122, in response to the January 2017 winter storms. Shortly after the Council’s declaration, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Jerry Brown for the region. On February 14, 2020 and March 16, 2020 President Donald Trump declared a major disaster for the early and late January storms, making federal disaster aid available. The storms, which began the first week of January, took a toll on the community, culminating with a Caltrans storm drain failure on Highway 101, which caused flooding of two hotels on Price Street, blockage of the City’s Franklin storm drain outfall and debris scattered along Highway 101, Price Street and sidewalk, on Franklin Drive and various private parcels on January 20, 2017. Damage from the storms includes but is not limited to the following:
Bluff failure on Ocean Boulevard (Caltrans purview)
Bluff failure at Memory Park (FEMA purview)
Franklin Avenue storm drain failure (FEMA purview)
City Hall storm damage (FEMA purview)
Bluff failure at Ebb Tide Park (FEMA purview)
Bluff failure at Cypress Street at Harloe Avenue (FEMA purview)
2 Full URL:
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Storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort (FEMA purview)
Storm drain failure on Cliff Avenue at Ocean Boulevard (adjacent to Dinosaur Caves Park) (Caltrans Purview)
Storm drain failure at the end of Harbor View Avenue (FEMA purview) Slope/road failure on Price Canyon Road (Caltrans purview)
Summary of Current Events
The storm drain failure at Cliff Avenue and Ocean Boulevard required a Phase II Environmental Study per Caltrans Local Assistance (LA) and the City’s environmental subconsultant. The Phase II Environmental Study fieldwork is complete and National Environmental Policy Act (NEPA) clearance has been provided. Caltrans LA has granted approval of a time extension and the authorization for the Right of Way (RW) phase of this project was approved on December 13, 2022.
Contracts were awarded by Council on December 21, 2021 to Granite Construction, Inc. (Granite) and Cannon Associates (Cannon) for construction and construction management services for the Ocean Boulevard Improvement Project, respectively.
Construction is ongoing and the project is anticipated to be complete in early Summer 2023.
A contract was awarded by Council on January 17, 2023 to American Enviro Services, Inc. for construction of the repair of the storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort. Construction is set to begin April 17, 2023 and be completed by May 26, 2023.
FISCAL IMPACT:
There is no direct fiscal impact from this report.
January 2017 Winter Storms
The cost of damage from the January 2023 storms is estimated to be about $17 million.
COVID-19
Costs related to the COVID-19 emergency are continuing on an ongoing basis, and as such, a precise total is difficult to assess at the current time. Staff will continually update Council as appropriate on anticipated future costs and reduced revenues as a result of the emergency.
January 2017 Winter Storms
The cost of damage from the January 2017 storms is estimated to be between $3,000,000 and $6,000,000.
ALTERNATIVES:
None, for information only.
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ATTACHMENTS:
None.
Prepared by: Meeting Date: January 17, 2023
Chad Stoehr, P.E., Engineer
Erica Inderlied, City Clerk
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D
SUBJECT/TITLE:
PURCHASE OF REPLACEMENT VEHICLE FOR FIRE DEPARTMENT
RECOMMENDATION:
Adopt a Resolution:
1. Authorizing the purchase of one 2023 F250 Super Duty truck from National Auto Fleet Group in the amount of $55,806.90; and
2. Accepting $17,999 in future grant revenues in Fiscal Year 2024 to reimburse the Motor Vehicle Replacement Fund for this purchase; and
3. Appropriating related budget adjustments in Fiscal Years 2023 and 2024.
BACKGROUND:
The Fiscal Year (FY) 2023 Motor Vehicle Replacement (MVR) Fund budget includes $64,000 for the replacement of the Fire Department’s Lifeguard Truck LG061, including additional equipment needed to place the vehicle into service. Due to the harsh conditions the lifeguard truck operates in, staff is recommending that the current backup lifeguard truck, FDU63, be used to replace LG061 and a new vehicle is purchased to replace FDU63. Due to the harsh conditions on the beach, it has been long-standing practice that new trucks are not put directly into service as a lifeguard truck. New trucks are put into service as a fire utility vehicle, and the fire utility vehicles are then rotated into the lifeguard fleet. This practice extends the useful life of vehicles and provides a cost-effective way to manage the Fire fleet.
The Lifeguard Truck is essential to maintain public safety on the beach as well as other situations that may require a four-wheel drive vehicle. The replacement of this vehicle will reduce downtime from breakdowns, as well as reduce maintenance and repair costs.
Additionally, replacing the existing lifeguard truck will allow lifeguards to operate in a safe and effective manner.
In FY 2023, the City’s Lifeguard Program applied for the 2022 OHV grant in the amount of $17,999 for the replacement purchase of the Lifeguard Truck. The San Luis Obispo County Parks and Recreation Commission recommended that the County Board of Supervisors approve the FY 2023 $17,999 grant, which is expected to be available in FY 2024. If approved by the Board of Supervisors, the funds will be available July 1, 2023.
So far, the City’s Lifeguard Program has been 100% successful in obtaining grants from the Board of Supervisors as recommended by the County Parks and Recreation Commission.
Due to the current production challenges for Ford Super Duty trucks, orders for model year 2023 are based upon allocations issued to fleet customers nationwide. The City has received an allocation of one Super Duty truck through the State’s contract (Attachment 2) with National Auto Fleet Group through Sourcewell, a municipal national contracting agency that provides nationally leveraged and competitively solicited purchasing Council Agenda 2-7-2023 9.D-1
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contracts under the guidance of the Uniform Municipal Contracting Law and the City’s Purchasing Policy. National Auto Fleet Group’s quote is provided as Attachment 1.A.
Conclusion and Recommendation
Staff recommends Council adopt a Resolution (Attachment 1) authorizing the purchase of one 2023 F250 Super Duty truck from National Auto Fleet Group in the amount of $55,806.90; accepting future grant revenues in the amount of $17,999 in FY 2024 to partially reimburse the Motor Vehicle Replacement Fund for this purchase; and appropriating related budget adjustments.
FISCAL IMPACT:
The fiscal impact of adopting the attached Resolution is additional revenues of $17,999 offset by additional costs of $16,806.90, for a net additional revenues of $1,192.10 in the Motor Vehicle Replacement (MVR) Fund.
The FY 2023 budget includes $64,000 to replace Utility 63 (Vehicle number FDU63) including additional equipment needed to place the vehicle into service. The San Luis Obispo County Parks and Recreation Commission recommended to the County Board of Supervisors to approve the FY 2023 $17,999 grant, which is expected to be available in FY 2024. If approved by the Board of Supervisors, the funds will be available July 1, 2023.
The available budget and costs are shown in the table below.
Budget
FY 2023 MVR Fund FDU63 replacement funds $64,000
FY 2024 OHV Grant Funds (proposed to be appropriated) $17,999 Total Available Budget $81,999
Estimated Vehicle Cost
One 2023 F250 Super Duty truck $55,806.90
Equipment needed to place into service $25,000.00 Total Estimated Vehicle Cost $80,806.90
Remaining Budget Surplus $1,192.10
If approved, staff recommends the Council accept $17,999 in future grant revenues to partially reimburse the MVR Fund for this purchase, appropriate $17,999 in additional grant revenues in FY 2024, and appropriate $16,810 in additional capital outlay- automotive expenditures in the MVR Fund in FY 2023.
ALTERNATIVES:
1. Do not authorize the Resolution; provide staff with direction on how to proceed.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: National Auto Fleet Quote
2. Sourcewell Contract
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Prepared by: Meeting Date: February 7, 2023
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
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RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE PURCHASE OF ONE 2023 F250 SUPER DUTY TRUCK FROM NATIONAL AUTO FLEET GROUP IN THE AMOUNT OF $55,806.90, ACCEPTING $17,999 IN FUTURE GRANT REVENUES IN FISCAL YEAR 2024 TO
REIMBURSE THE MOTOR VEHICLE FUND, AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEARS 2023 AND 2024
WHEREAS, the Fiscal Year (FY) 2023 Motor Vehicle Replacement (MVR) Fund budget includes $64,000 for the replacement of the Fire Department’s Lifeguard Truck LG061 including additional equipment necessary to place the vehicle into service; and WHEREAS, due to the harsh conditions the lifeguard truck operates in, staff is recommending that the current backup lifeguard truck, FDU63, be used to replace LG061 and a new vehicle is purchased to replace FDU63; and
WHEREAS, due to current production challenges for Ford Super Duty trucks, orders for model year 2023 are based upon allocations issued to fleet customers nationwide, and as a result, the City has received an allocation of one Super Duty truck through the State’s contract with National Auto Fleet Group through Sourcewell; and WHEREAS, the City’s Lifeguard Program has applied for an OHV grant in the amount of $17,999 for replacement of the Lifeguard Truck, which the San Luis Obispo County Parks Commission recommended that the San Luis Obispo County Board of Supervisors approve, and which is expected to be available July 1, 2023 if approved by the Board of Supervisors; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the cooperative purchase of one 2023 F250 Super Duty truck from National Auto Fleet Group through the State’s Sourcewell contract, in the amount of $55,806.90.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby accepts $17,999 in future grant revenues should they be granted to the City, to partially reimburse the MVR Fund for this purchase.
BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $17,999 in future grant revenues to partially reimburse the MVR Fund for this purchase in FY 2024 in the MVR Fund and appropriates $16,810 in capital outlay- automotive expenditures in the MVR Fund in FY 2023.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of February 2023, by the following vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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Council Agenda 2-7-2023 9.D-6
Attachment 1.A
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Attachment 1.A
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Council Agenda 2-7-2023 9.D-9
Attachment 1.A
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Council Agenda 2-7-2023 9.D-10
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Attachment 1.A
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091521-NAF
Rev. 3/2021 1
Solicitation Number: RFP #091521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
091521-NAF
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
091521-NAF
Rev. 3/2021 16
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
Attachment 2
Council Agenda 2-7-2023 9.D-24
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091521-NAF
Rev. 3/2021 17
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
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Rev. 3/2021 18
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell 72 Hour LLC dba: National Auto
Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
Attachment 2
Council Agenda 2-7-2023 9.D-25
Packet Page 44
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Council Agenda 2-7-2023 9.D-26
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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
Attachment 2
Council Agenda 2-7-2023 9.D-28
Packet Page 47
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Attachment 2
Council Agenda 2-7-2023 9.D-29
Packet Page 48
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Attachment 2
Council Agenda 2-7-2023 9.D-30
Packet Page 49
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Attachment 2
Council Agenda 2-7-2023 9.D-31
Packet Page 50
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Council Agenda 2-7-2023 9.D-32
Packet Page 51
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Attachment 2
Council Agenda 2-7-2023 9.D-33
Packet Page 52
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E
SUBJECT/TITLE:
REVISED BUILDING CODE FINDINGS IN RESPONSE TO BUILDING STANDARDS
COMMISSION REVIEW
RECOMMENDATION:
Adopt a Resolution setting forth findings in support of amendments to the 2022 California Building Code, Residential Code, Existing Building Code, Electrical Code, Mechanical Code, and Plumbing Code based on local climactic, topographic and/or geological conditions.
BACKGROUND:
On November 15, 2022, the City Council adopted Ordinance O-2022-008 amending and adopting the 2022 Building Codes, among others, and making findings supporting the local amendments. Following adoption, the Ordinance was submitted to the State Building Standards Commission for review and approval as prescribed by Section 17958.7 and Section 18941.5 of the Health and Safety Code.
The Building Standards Commission requested clarification of findings for California Building Code Section 105.2, and Appendices G, H, J, California Residential Code Section R105.2, and California Existing Building Code Section A102. Although the findings have remained generally unchanged from previous years, new reviewers have necessitated amendments to the findings supporting the City’s local amendments to these Codes. The Resolution provided as Attachment 1 includes revised findings that will be submitted to the Building Standards Commission. The revised findings clarify findings for California Building Code Section 105.2, and Appendices G, H, J, California Residential Code Section R105.2, and California Existing Building Code Section A102 as requested by the Building Standards Commission but are otherwise consistent with the prior findings made in Ordinance O-2022-008. To avoid confusion and create a clear record, the findings contained in Ordinance O-2022-008 will be rescinded as part of the City’s annual omnibus update ordinance, which is slated to be adopted sometime in the spring.
City Council action to address the comments provided by the Building Standards Commission will not change the local amendments as adopted by the City Council under Ordinance O-2022-008, but failure to adopt the revised findings would result in the City’s local amendments being unenforceable.
Conclusion and Recommendation
The amended findings presented in the Resolution (Attachment 1) will satisfy the requirements of the Building Standards Commission and allow approval of the City’s regulations. Staff therefore recommends the City Council adopt a Resolution making revised findings in support of amendments to the 2022 California Building Code, Residential Code, Existing Building Code, Electrical Code, Mechanical Code, and Plumbing Code.
9.E-1Council Agenda 2-7-2023
Packet Page 53
FISCAL IMPACT:
None.
ALTERNATIVES:
1. Do not adopt the resolution in response to Building Standards Commission review; allow the Building Standards Code to be enforceable as written with no Pismo Beach-specific amendments.
2. Direct staff to return with an ordinance amending the findings in Ordinance No. O- 2022-008, and allow the Building Standards Code to be enforceable as written with no Pismo Beach-specific amendments until the effective date of such ordinance amending the prior findings.
ATTACHMENTS:
1. Resolution
Prepared by: Meeting Date: February 7, 2023
Ian Livingston, Building Official
Submitted by: Matthew Downing, Director of Community Development City Manager Approval:
9.E-2Council Agenda 2-7-2023
Packet Page 54
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA SETTING FORTH FINDINGS IN SUPPORT OF AMENDMENTS TO THE 2022 CALIFORNIA BUILDING CODE, RESIDENTIAL CODE, EXISTING BUILDING
CODE, ELECTRICAL CODE, MECHANICAL CODE, AND PLUMBING CODE BASED
ON LOCAL CLIMACTIC, TOPOGRAPHIC AND/OR GEOLOGICAL CONDITIONS WHEREAS, California Health and Safety Code Section 18938(b) provides that building standards adopted by the Building Standards Commission, including those contained in certain model codes and adopted by reference into the most recent edition of the California Building Standards Code, shall apply to all occupancies in the state and shall become effective 180 days after publication in the California Building Standards Code by the California Building Standards Commission (the “Commission”) or at a later date after publication established by the Commission; and
WHEREAS, the California Building Standards Commission published the 2022 Edition of the California Building Standards Code on July 1, 2022, with an effective date of January 1, 2023, including the 2022 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building, and Green Building Codes, incorporated into Title 24 of the California Code of Regulations as Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, and 11, respectively; and
WHEREAS, it is the desire and intent of the City Council of the City of Pismo Beach to adopt Codes comprising the 2022 California Building Standards Code (Title 24, Parts 1- 12, of the California Code of Regulations), including the 2022 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building and Green Building Codes and to adopt the 2021 International Property Maintenance Code; and
WHEREAS, it is the desire and intent of the City Council of the City of Pismo Beach to provide citizens with the greatest degree of fire, life and structural safety in buildings in the most cost-effective manner by adopting that body of regulations referred to as the California Building Standards Code with amendments specific to the City of Pismo Beach; and
WHEREAS, California Health and Safety Code Section 17958 provides that the California Building Standards Code shall be applicable to cities and shall become effective 180 days after publication by the California Building Standards Commission provided cities do not make any modifications or changes to the California Building Standards Code; and WHEREAS, Health and Safety Code Sections 17958.7 and 18941.5 require the City Council, before making any modifications or changes to the California Building Standards Code, to make an express finding that each such modification or change is needed; and
9.E-3Council Agenda 2-7-2023
Attachment 1
Packet Page 55
WHEREAS, Health and Safety Code Section 17958.7 requires that such changes must be determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the State of California Building Standards Commission; and
WHEREAS, the City Council held a public hearing on November 15, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes, as amended therein, and
WHEREAS, also on November 15, 2022 after such public hearing, the City Council adopted Ordinance O-2022-008 thereby adopting by reference the body of regulations referred to as the California Building Standards Code with certain amendments and made findings therein that certain amendments to the California Buildings Standards Code were reasonably necessary due to local climactic, geological, or topographical conditions; and WHEREAS, such findings were thereafter submitted to the Building Standards Commission in accordance with Health and Safety Code Section 17958.7; and WHEREAS, the Building Standards Commission commented on the City’s findings for California Building Code Section 105.2, and Appendices G, H, J; California Residential Code Section R105.2; and California Existing Building Code Section A102; and WHEREAS, to address the Building Standards Commission’s comments and otherwise reaffirm its prior findings, the City Council hereby determines that due to the findings contained herein, Sections 105.2, 502.1, 903.2, 903.3, 903.3.5, 905.3.1, 907.6.6, 1030.1, 1506, 3201, 3202 and appendices G, H, and J of the 2022 California Building Code, Sections R105.2, R310.1, R312.1.5, R313.2, R313.3.1.2, R313.3.5, R319.1, R326.1 and R904 of the 2022 California Residential Code, Article 230.70(A)(1) of the 2022 California Electrical Code, Sections 1501.3, 1503.1.1 and 1503.7 of the 2022 California Plumbing Code, Section A102 of the 2022 California Existing Building Code, Sections 405.7, 503, 504.3, 505, 507.5.1, 603, 903.2, 903.3, 903.3.5, 905.3.1, 907.6.6, 2306.2.3, 5504.3, 5601, 5704, 5706 and 6104.2 of the 2022 California Fire Code, are required to be modified as set forth in Ordinance O-2022-008 to requirements other than those set forth in the California State Building Standards Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach that the recitals set forth above are true and correct and are adopted as findings in support of this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby finds that each of the changes or modifications to measures referred to in Ordinance O- 2022-008 are reasonably necessary because of local climatic, geological, or topographical conditions in the area encompassed by the boundaries of the City of Pismo
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Beach, and the City Council further finds that the following findings support the local necessity for the changes or modifications:
FINDING 1
That the City of Pismo Beach lies approximately midway between the major population centers of San Francisco and Los Angeles, making mutual aid resources from these centers delayed. Furthermore, within San Luis Obispo County, organized fire departments are characteristically at such distance and of such limited resources that they may not present a reliable rapid response mutual aid alternative, although agreements currently exist. The continued development in new residential areas within the City and potential annexation areas will increase response times for personnel, creating a substantial threat to human life and public safety. The afore-described conditions support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than set forth in Sections 105.2, 502.1, 903.2, 903.3.5.3, 905.3.1, 1030.1 and 1506 of the 2022 California Building Code, Sections R105.2, R310.1, R313.2, R313.3.1.2, R313.3.5, R319.1 and R904.5 of the 2022 California Residential Code, and Sections 503, 504.3, 505.1, 903.2, 903.3.5, 905.3.1, 907.6.6, 2306, 5601.1, 5704.2.9.6, 5706.2.4.4, and 6104.2 of the 2022 California Fire Code.
FINDING 2
That on the inland side of the City of Pismo Beach lie large expanses of steep, undeveloped terrain with moderate to high wild-land fuel loading. Furthermore, a wildland fire in these areas, in conjunction with coastal winds, Santa Ana winds, and similar dry, conditions could threaten the City with burning embers traveling thousands of feet that will ignite structures. City fire-suppression resources will be inadequate to resist this threat. The protection of human life and the preservation of property in the event of such an occurrence support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and in particular support the imposition of greater requirements than set forth in Sections 502.1, 903.2, 903.3.5.3, 905.3.1, and 1506.4 of the 2022 California Building Code, Sections R310.1, R313.2, R313.3.1.2, R313.3.5.4, R319.1 and R904.5 of the 2022 California Residential Code, and Sections 503, 504.3, 505.1, 903.2, 903.3.5.3, 905.3.1, 907.6.6, 2306.2.3, 5601.1.3, 5704.2.9.6, 5706.2.4.4, and 6104.2 of the 2022 California Fire Code.
FINDING 3
That the City of Pismo Beach is bisected by Highway 101, and there are only six arterial crossovers along seven miles of City boundary bisected by said highway. This condition increases the response times for fire apparatus, especially during peak traffic flows. A delayed response due to this condition poses a substantial threat of fire to human life, public safety, and the preservation of property and support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code,
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and in particular, support the imposition of greater requirements than set forth in Sections 502.1, 903.2, 903.3.5.3, 905.3.1, and 1506.4 of the 2022 California Building Code, Sections R310.1, R313.2, R313.3.1.2, R313.3.5.4, R319.1 and R904.5 of the 2022 California Residential Code, and Sections 405.7, 503, 504.3, 505.1, 903.2, 903.3.5.3, 905.3.1, 907.6.6, 5601.1.3, 5704.2.9.6, 5706.2.4.4, and 6104.2 of the 2022 California Fire Code.
FINDING 4
That the City of Pismo Beach is bisected by a major freeway (Highway 101), traversing in the north/south direction, and is subject to floods and earthquakes which create impassable roads and collapsed bridges. Emergency personnel responding to a fire may be unduly impeded or delayed in accomplishing an emergency response as a result of this situation, with the potential result of undue and unnecessary risk to the protection of life and public safety, particularly in those buildings or structures without the protection of automatic fire sprinklers. The afore-described conditions support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular support the imposition of greater requirements than set forth in Sections 105.2, 502.1, 903.2, 903.3.5.3, 905.3.1, 1506.4, and Appendices G, H, and J of the 2022 California Building Code, Sections R105.2, R310.1, R313.2, R313.3.5.4 Rand R904.5 of the 2022 California Residential Code, Section 230.70(A)(1) of the 2022 California Electrical Code, Section A102 of the California Existing Building Code, and Sections 503, 504.3, 505.1, 903.2, 903.3.5.3, 905.3.1, 2306.2.3, 5601.1.3, 5704.2.9.6, 5706.2.4.4, and 6104.2 of the 2022 California Fire Code.
FINDING 5
That the City of Pismo Beach lies in a coastal climate zone associated with the Pacific Ocean that creates corrosive moisture conditions damaging to exterior building system components supports the imposition of greater fire sprinkler system component requirements than set forth in Section 903.3.10 of the 2022 California Building Code and Section 903.3.10 of the 2022 California Fire Code.
BE IT FURTHER RESOLVED by the City Council of the City of Pismo Beach that this Resolution is effective immediately upon adoption, and that the City Clerk shall certify to the passage and adoption of this Resolution, shall cause a certified copy to be filed in the book of original resolutions and shall cause a certified copy of this Resolution and Ordinance O-2022-008 to be forthwith transmitted to the California Building Standards Commission.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of February 2023, by the following vote:
AYES:
NOES:
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ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.F
SUBJECT/TITLE:
ACCEPTANCE OF PUBLIC IMPROVEMENTS RELATED TO TRACT 192, OCEAN VIEW ESTATES NO. 2
RECOMMENDATION:
Adopt a Resolution accepting the streets related to Tract 192, Ocean View Estates No.
2. BACKGROUND:
Tract 192, also known as Ocean View Estates No. 2, was developed in the County of San Luis Obispo, prior to Shell Beach being annexed into the City of Pismo Beach. The map was finalized and accepted by the County of San Luis Obispo on February 10, 1960. This tract established the right-of-way for, and constructed, the following streets:
Paddock Avenue
Baker Avenue
Naomi Avenue
Seacliff Drive
Coburn Lane
Ruby Court
In the course of reviewing right-of-way needs for general purposes, staff found that the streets were never accepted for public use. When the map went before the County Board of Supervisors, the County of San Luis Obispo accepted all easements on the map for public use, but it did not accept the avenues, drives, streets and lanes designated on the map, collectively referred to as “streets”. The City has been maintaining the streets located in Tract 192 since this portion of Shell Beach was annexed into the City in 1966.
Because the City has been maintaining the streets since annexation, staff recommends that the City Council accept the avenues, drives, streets and lanes as shown on the tract map. This allows the City the ability to modify or use such “streets” if it deems so necessary.
FISCAL IMPACT:
There is no direct fiscal impact to this action, as the City already maintains the avenues, drives, streets and lanes as shown on the tract map.
ALTERNATIVES:
1. Do not accept the avenues, drives, streets and lanes shown on Tract Map 192; provide direction to staff.
ATTACHMENTS:
1. Resolution
Prepared and Submitted by: Meeting Date: February 7, 2023 Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
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RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ACCEPTING THE STREETS RELATED TO TRACT 192, OCEAN VIEW ESTATES NO. 2
WHEREAS, Tract 192, also known as Ocean View Estates No. 2 was developed in the County of San Luis Obispo, prior to Shell Beach being annexed into the City of Pismo Beach; and
WHEREAS, the tract map was finalized and accepted by the County of San Luis Obispo on February 10, 1960; and
WHEREAS, the developer of Tract 192 dedicated to the County of San Luis Obispo various easements, avenues, drives, streets and lanes for public use; and WHEREAS, the County of San Luis Obispo accepted all easements on the map for public use, but it did not accept the avenues, drives, streets, and lanes designated on the map; and
WHEREAS, the City, as successor in interest to the County through duly completed annexation proceedings, wishes to accept on behalf of the public the avenues, drives, streets and lanes designated on the map; and
WHEREAS, the City has been maintaining the streets located in Tract 192 since this portion of Shell Beach was annexed into the City in 1966; and WHEREAS, staff recommends that the City Council accept the avenues, drives, streets and lanes as shown on the tract map.
NOW, THEREFORE, BE IT RESOLVED that pursuant to Streets & Highways Code Section 1806, the City Council of the City of Pismo Beach hereby accepts the following streets related to Tract 192, Ocean View Estates No. 2 to be made a part of the City street system as public streets:
1. Seacliff Drive
2. Coburn Lane
3. Paddock Avenue
4. Ruby Court
5. Baker Avenue
6. Naomi Avenue
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of February 2023, by the following vote:
Attachment 1
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AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.H
SUBJECT/TITLE:
AGREEMENT WITH SOV SECURITY FOR DIGITAL VIDEO STORAGE RETENTION
UPGRADE
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into an agreement with Merjan Enterprises, Inc. dba SOV Security in the amount of $177,880.95 for digital video storage equipment and services.
BACKGROUND:
On December 1, 2020, the City Council authorized the City Manager to enter into an agreement with SOV Security for security and community camera equipment and related services for a five-year period from December 1, 2020 to November 30, 2025 with the option to extend for a year or more as mutually agreed to.
In August 2022, the City Attorney determined that the City is legally required to retain all video for at least 1 year under Government Code Section 34090.6. This requires that City to significantly increase the digital storage systems that hold the City’s digital video. The amount of storage now required is 7 to 8 times more than the current storage for all of the City’s combined data storage of approximately 60 Terabytes (TB).
The equipment included in the proposal would allow the City to retain all security and community camera video for at least 1 year. If approved the current video storage systems will be moved to existing facilities. The proposed cost of this equipment is less than it could be, as staff is recommending a storage method that has a reduced frame count.
Storing full-quality video would cost three to four times as much and would not physically fit in the City’s current IT spaces. The following details the components of this equipment and minor labor costs:
Pier: The current digital storage system for the Pier will be moved to the Chapman Estate. The Pier will get a new digital storage system storing 288 TB of data that is estimated to cost $93,036.
Street Intersections: The digital storage systems specified for each intersection will be replaced with a single digital storage system storing 244 TB of data that will be installed at the Corporation Yard and is estimated to cost $74,596. Labor: The labor to install the digital storage systems at the Chapman Estate, Pier, and Corporation Yard is estimated at $9,559.
This equipment is expected to last at least 5 years unless the City adds additional cameras.
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Conclusion and Recommendation
Staff recommends that Council adopt a Resolution (Attachment 1) authorizing the City Manager to approve an agreement (Attachment 1.A) with Merjan Enterprises, Inc. dba SOV Security to increase the video retention capabilities of the City’s security and community camera systems.
FISCAL IMPACT:
The fiscal impact of adopting the attached Resolution is an additional one-time cost of $177,880.95. The one-time costs are already budgeted in the Capital Projects Fund, supported by the General Fund.
ALTERNATIVES:
1. Do not adopt the Resolution; continue to use existing systems.
2. As an alternative to the proposed solution to store this digital video on premise, the City could store the video in the cloud. Streaming this video data to the cloud would require internet connections that would cost about $2,850 a month. After a year, the cloud storage costs would be between $4,520 and $9,040 a month depending on how quickly the City wanted to access the videos. The estimated cost over 5 years to store the video in the cloud is between $427,200 and $698,400.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A SOV Scope and Cost Proposal
2. Agreement
Prepared by: Meeting Date: February 7, 2023
Jason Takagi, Information Technology Manager
Submitted by: Nadia Feeser, Administrative Services Director City Manager Approval:
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RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MERJAN ENTERPRISES, INC. DBA SOV SECURITY IN THE AMOUNT OF $177,880.95 FOR DIGITAL VIDEO STORAGE EQUIPMENT AND
SERVICES
WHEREAS, the City Council authorized the City Manager to enter into an agreement with Merjan Enterprises, Inc. dba SOV Security (SOV Security) on December 1, 2020 to provide security and community camera equipment and services for 5 years; and WHEREAS, in August 2022 the City Attorney determined that the City is legally required to retain all video for at least 1 year under Government Code Section 34090.6; and WHEREAS, the City needs to purchase 532 TB of data storage to meet this requirement; and
WHEREAS, the one-time cost of $177,880.95 for this agreement is already budgeted in the Capital Projects Fund, supported by the General Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into an agreement with SOV Security (cost proposal provided as Exhibit A) for digital video storage equipment and services in the amount of $177,880.95.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
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Quote
Date:11/14/2022
Quote #:Q-217821
ǣ
City of Pismo Beach
Attn: Jason Takagi
760 Mattie Road
Pismo Beach, CA 93449
ǣ
City of Pismo Beach
Attn: Jason Takagi
760 Mattie Road
Pismo Beach, CA 93449
Ref.:J. Takagi
Terms:See Below*
Sales Person:Brian
Code 3.0 www.SOVsecurity.com
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California
Certified
Small Business
#05716
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Project Description: City of Pismo Beach One Year NVR Storage (30 days video retention at full quality and 335 days of Data Aged storage for Pismo Beach Pier, Pismo Beach Intersections)
- (1) Avigilon 288 TB NVR for Pismo Beach Pier
- (1) Avigilon 224 TB NVR for Pismo Beach Intersections SECTION #1: ( City of Pismo Beach Pier )
NVR5 Premium 288 TB (360 TB Raw) NVR5 Premium with Microsoft Windows Server 2019 LTSC and Avigilon Control Center, includes NEMA 5-15P/C13 & C13/C14 Power Cords
288 TB NVR1 86,344.16 86,344.16T
SECTION #2: ( City of Pismo Beach Intersections )
NVR5 PRM 224 TB (288 TB Raw) NVR5 Premium with Microsoft Windows Server 2019 LTSC and Avigilon Control Center, includes NEMA 5-15P/C13 & C13/C14 Power Cords
224 TB NVR1 69,230.28 69,230.28T
SECTION #3: ( Labor & Setup )
Setup/Installation79 121.00 9,559.00
- Remove current NVR at City of Pismo Pier
- Move legacy Pier NVR to Chapmen Estates
- Install New NVR at City of Pismo Beach Pier
- Configure New NVR at City of Pismo Beach Pier, and configure legacy Pier NVR at Chapmen Estates.
- City Hall NVR to remain in place, but to be reconfigured for Data Aging for one year of storage.
- Install and setup Intersections NVR at Police Department Data Room.
Project Notes:
- All hours quoted are during regular business hours 9AM-5PM M-F - Any changes to the scope of the project may affect the project price and schedule
- SOV excludes all painting, patching, and permits from this project - NVR storage sizes are based on Avigilon's storage calculations and changes or additions to NVRs may limit the amount of storage time. - Payment for equipment due on order. Labor due upon completion.
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Ǥ ǣ $177,190.46
ǣ $165,133.44
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Attachment 1.A
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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 Merjan Enterprises, INC. dba SOV Security (“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:
Digital video storage equipment and services required to allow the City to retain all security and community camera video for at least 1 year.
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 August 31, 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 included in Exhibit A. 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 thousand seventy seven eight hundred eighty-one dollars and ninety-five cents ($177,880.95), unless otherwise first 2 of 12
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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.
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.
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Vendor Agreement (Rev. 2/2/2018)
VII. CITY REPRESENTATIVE
The Information Technology Manager 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)
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 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.
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.
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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.
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. 6 of 12
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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.
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 Attachment 2
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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.
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 8 of 12
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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 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.
Attachment 2
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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.
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.
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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
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 Attachment 2
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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:
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.
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CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Nadia Feeser
Title: Administrative Services 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:
Merjan Enterprises, Inc., dba SOV Security
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 Services and Compensation: Quote dated November 28, 2022 Attachment 2
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:
RISK MANAGEMENT ANNUAL REPORT
RECOMMENDATION:
Receive the 2022 Risk Management Annual Report as information.
BACKGROUND
The City of Pismo Beach Risk Management Program includes policies, programs, insurance, and risk pool coverage to minimize the City's risk exposure from employee injury claims, third-party liability claims, or property loss.
The California Joint Powers Insurance Authority (CJPIA) is the City's provider of Risk Management Services. Their services include the coverage for Liability, Workers' Compensation, and Property Insurance claims. In addition, the CJPIA works closely with the City's Risk Manager to review and develop the City's Risk Management programs and policies toward the goal of controlling costs and risk exposure to the City. The CJPIA acts as the City's agent in claims processing and litigation and provides the City with regulatory safety training to meet Occupational Safety and Health Administration (OSHA) requirements as well as best practice and development training. In addition to this direct support and coordination with the City of Pismo Beach, the CJPIA evaluates trends in claims exposure across the pool and develops programs for its members.
The City's Three Major Risk Management Programs
The City's Risk Management program is very comprehensive and has received high marks from CJPIA. The Program has three areas of focus: workers' compensation, general liability, and insurance against property loss.
Workers' Compensation Program
This program is designed toward ensuring employee safety and reducing employee injury through proactive activities including:
Safety policies and programs.
Staff training as required by OSHA to improve safe work practices. Regularly scheduled workplace safety evaluations and safety meetings. Prompt reporting of all workplace injuries that includes a documented assessment by the supervisor on ways to prevent future injury.
Quarterly City Safety Steering Committee meetings to review injuries and safety training requirements, develop safety incentive programs, and review site inspections. Working with York Insurance Services for claims administration and case management.
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General Liability Program
This program includes identifying the areas of risk exposure for the City and developing or maintaining programs that will minimize or mitigate liability exposure. General liability is any claim against the City including, but not limited to vehicle accidents, trip-and-falls, sewage backup, and errors and omissions.
Property Insurance
The third component of the City's Risk Management program includes insurance coverage for City property, automobiles, and revenue loss, and a restitution program to pursue reimbursement for damages from third parties.
Risk Assessment/Loss Cap Program
With the goal of minimizing the City's risk exposure, the CJPIA conducts regular Risk Assessments approximately every three years. This program both reviews and makes recommendations for corrections to:
City policies and programs
Contract language
Public Facilities including sidewalks, streets, parks and buildings Insurance requirements
Training programs and procedures for City staff
The City's assessments also include a regular review of claims by the City's Risk Manager and City Attorney, in an effort to learn from and identify areas for correction to prevent future exposure.
Reporting and Claims History
The City's cost of insurance is calculated on both the City's losses, and based on size of payroll, the CJPIA pool losses.
The CJPIA provides the City with claims status reports on the City's General Liability and Workers' Compensation Claims. The Overview reports summarize the claims history over a five-year period, the category or cause of the claim, cost centers, and a comparison to other agencies of a comparable size. The five-year claims history is used in calculating the City's premiums. The City's claims are reviewed by the City's Risk Manager, Safety Steering Committee, and City Attorney, in an effort to learn from and identify areas for correction to prevent future exposure.
Annual Update
The City Council's continued commitment to Risk Management supports staff efforts to update programs and infrastructure, which will continue to reduce or mitigate the City's liability in claims and litigation. Key projects and programs for 2022 included:
1. Workers' Compensation Claims: The total number of workers' compensation claims in the policy year 2021/22 was 34, with 27 closed, and the majority relating to COVID-19. The average severity was $9,227, which remains below average for
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the risk pool at the Authority. The City partners with its assigned CJPIA Regional Risk Manager, Tim Karcz, to continue its work with a focus on applicable trainings and safe working practices aimed at improving worker safety.
2. General Liability Claims: The City had 14 total liability claims for the policy year.
The claims incurred an average severity of $10,491 including what is reserved but not yet paid. The staff and CJPIA continue to manage and defend the City to limit its exposure. In law enforcement-related claims, the City’s claims, as measured by cost per $100 in payroll, is 12 times less than the risk pool.
3. Public Records Requests: While not directly an area related to Risk Management, there is a direct relationship between Public Records Act records releases and liability for the organization. Staff has seen a significant increase in the number of requests, as well as the volume of data being requested. Responses require significant amounts of time from the City Clerk, City Attorney, and department staff.
Since 2018, Public Records Requests have tripled in number.
FISCAL IMPACT:
There is no fiscal impact associated with receiving this report.
ALTERNATIVES:
1. Request more information from staff.
ATTACHMENTS:
None.
Prepared by: Meeting Date: February 7, 2023
Jorge Garcia, Assistant City Manager
City Manager Approval:
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B
SUBJECT/TITLE:
AGREEMENT WITH WATER SYSTEMS CONSULTING, INC. FOR ENGINGEERING
DESIGN SERVICES FOR A NEW GROUNDWATER PRODUCTION WELL
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Water Systems Consulting, Inc. in the amount of $445,559 for engineering design services for the New Groundwater Production Well project.
BACKGROUND:
Well 23, located on Huber Street in Grover Beach, is the most productive municipal well in the City’s infrastructure. In 2017, the well started to show signs of failure and staff developed a tiered repair strategy to keep the well in operation. The repairs were successful; however, they were estimated to keep the well in operation for an additional 7 – 12 years, and due to the nature of the repairs, the well can never be repaired again.
As part of the Central Coast Blue Project, the City purchased a parcel (APN 060-543- 016) located at 980 Huber Street, Grover Beach, which is directly across the street from Well 23. The City has since transferred the property the Central Coast Blue Regional Recycled Water Joint Power Authority (JPA); however, prior to transferring the property to the JPA, the City reserved an easement on the parcel for the relocation of Well 23. The City, along with the partner cities of Grover Beach and Arroyo Grande, plans to construct an Advanced Water Purification Facility on the parcel. In addition, the City also plans to drill and construct a new municipal drinking water well within the easement, relocating the existing aging Well 23 approximately 125 feet from its current location across Huber Street. It is envisioned that the new groundwater production well will be built in concurrence with Central Coast Blue.
Staff issued a Request for Proposals (RFP) for engineering design services for the New Groundwater Production Well project. One proposal was received on January 19, 2023, from Water Systems Consulting, Inc. (WSC). The proposal was evaluated by a review panel based on the following:
Understanding of the scope of work to be performed
Methods, schedule, and procedures to be used
Management, personnel, and experience
Consultation and coordination with the City of Pismo Beach
WSC’s cost proposal is provided as Attachment 1.A.
Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with WSC
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in the amount of $445,559 to complete the engineering design of the New Groundwater Production Well project.
FISCAL IMPACT:
The fiscal impact of adopting the attached resolution is $445,559 in the Water Enterprise Fund. The Fiscal Year (FY) 2023 budget includes $500,000 for the New Groundwater Production Well project. Compared to the budget, this leaves a remaining budget surplus of $54,441.
Water Enterprise Fund
New Groundwater Production Well Budget $500,000
WSC Engineering Design Services contract $445,559
Remaining Budget $54,441
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.
ALTERNATIVES:
1. Do not authorize the contract; provide staff with direction on how to proceed.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: WSC Cost Proposal
2. WSC Vendor Agreement
Prepared by: Meeting Date: February 7, 2023
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
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RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH WATER SYSTEMS CONSULTING, INC. IN THE AMOUNT OF $445,559 FOR ENGINEERING DESIGN SERVICES FOR
THE NEW GROUNDWATER PRODUCTION WELL PROJECT
WHEREAS, Well 23, located on Huber Street in Grover Beach, is the most productive municipal well in the City’s infrastructure; and
WHEREAS, in 2017 the well started to signs of failure and staff developed a tiered repair strategy to keep the well in operation for an additional 7 – 12 years; and WHEREAS, as part of the Central Coast Blue Project the City purchased a parcel (APN 060-543-016) located at 980 Huber Street and plans to drill and construct a new municipal drinking water well within an easement on the parcel; and WHEREAS, the new well will relocate and replace the existing aging Well 23; and WHEREAS, staff issued a Request for Proposals for engineering design services for the New Groundwater Production Well project and received one proposal on January 19, 2023; and
WHEREAS, the proposal from Water Systems Consulting, Inc. (WSC) was evaluated by a review panel and the panel recommended WSC be selected to perform the work.
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 Water Systems Consulting, Inc. (cost proposal provided as Exhibit A) in the amount of $445,559 for engineering design services for the New Groundwater Production Well project.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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City of Pismo Beach
New GW Production Well (Well 23)
1/19/2023
Billing rates, ,�/hr $335 $380 �255 $245 $275 $255 �220 $170 $170 $225 �200 0 Project Management and Meetings
0.1 ProjectAdministration 4 1 48 24 77 $ 18,040 $ 400 $ 18,440 $ 1,415 $ 19,855
0.2 QA/QC 12 24 36 $ 13,140 $ 300 $ 13,440 $ 13,440
0.3 Kickoff-Meeting 2 2 8 12 $ 2,820 $ 600 $ 3,420 $ 3,301 $ 398 $ 7,118
0.4 Well Site Evaluation Meeting 3 � 3 � � � 6 $ 1,590 $ - $ 1,590 $ 1,157 $ 2,747
0.5 Well Design Review Meetings 6 6 12 $ 3,180 $ 100 $ 3,280 $ 1,555 $ 4,835
0.6 Well Equipping Schematic Design Review Meeting 2 3 5 $ 1,170 $ - $ 1,170 $ 472 $ 1,642
0.7 Well Equipping Design Review Meetings 4 6 10 $ 2,340 $ 1,000 $ 3,340 $ 943 $ 4,283 SUBTOTAL 16 25 65 0 11 0 17 0 24 0 0 158 $ 42,280 $ 2,400 $ 44,680 $ 6,130 $ 3,110 $ 53,919 1 Well Site Evaluation
1.1 Data Collection and Utility Research 1 2 1 2 6 $ 1,460 $ - $ 1,460 $ 1,460
1.2 Draft Layouts for Drilling 4 8 4 4 20 $ 4,780 $ 100 $ 4,880 $ 796 $ 5,676
1.3 Technical Memorandum 2 6 4 8 4 24 $ 5,520 $ 100 $ 5,620 $ 1,642 $ 7,262 SUBTOTAL 0 0 7 8 13 0 14 8 0 0 0 50 $ 11,760 $ 200 $ 11,960 $ $ 2,438 $ 14,398 2 Production Well Bid Package
2.1 Draft 90 % Technical Plans, Specifications, and Bid Documents 8 60 32 100 $ 23,980 $ 500 $ 24,480 $ 24,480
2.2 Final Technical Plans, Specifications, and Bid Documents 4 16 16 36 $ 8,140 $ 200 $ 8,340 $ 8,340 SUBTOTAL 0 0 12 0 76 0 0 48 0 0 0 136 $ 32,120 $ 700 $ 32,820 $ - $ - $ 32,820 3 Well Equipping Schematic Design
3.1 Preliminary Design Report 20 4 2 8 40 12 4 90 $ 20,190 $ 400 $ 20,590 $ 5,693 $ 26,283 SUBTOTAL 0 0 20 4 2 8 40 12 4 0 0 90 $ 20,190 $ 400 $ 20,590 $ 5,693 $ - $ 26,283 4 Well Equipping Design
4.1 60 % Well Equipping Draft Design Submittal 20 4 2 36 60 90 212 $ 44,310 $ 900 $ 45,210 $ 22,770 $ 67,980
4.2 90% Well Equipping Draft Design Submittal 30 4 2 50 80 110 276 $ 58,230 $ 1,400 $ 59,630 $ 17,135 $ 76,765
4.3 Final Well Equipping Design Submittal 8 30 8 24 2 72 $ 15,870 $ 500 $ 16,370 $ 10,493 $ 26,863
4.4 Contract Bid Front End Documents Well Equipping 4 4 6 12 4 30 $ 7,150 $ 100 $ 7,250 $ 943 $ 8,193
4.5 Contract Documents for SWRCB and County Well Equipping 4 8 4 16 $ 3,460 $ 100 $ 3,560 $ 3,560
4.6 Engineer's Estimate (60%, 90%, 100%) Well Equipping 12 6 16 34 $ 8,110 $ 200 $ 8,310 $ 2,358 $ 10,668 SUBTOTAL 4 0 78 14 4 122 184 232 2 0 0 640 $ 137,130 $ 3,200 $ 140,330 $ 53,698 $ - $ 194,028 5 Permitting and Environmental Coordination
5.1 Amended Domestic Water Supply Permit 4 4 24 8 2 42 $ 9,100 $ 200 $ 9,300 $ 9,300
5.2 Water Well Construction Permit 4 2 2 8 $ 1,910 $ - $ 1,910 $ 6,176 $ 8,086
5.3 City of Grover Beach Permit 4 6 4 2 16 $ 3,360 $ 100 $ 3,460 $ 3,460 SUBTOTAL 0 0 12 0 6 0 30 12 6 0 0 66 $ 14,370 $ 300 $ 14,670 $ $ 6,176 $ 20,846 6 Well Drilling and Installation Construction Services
6.1 Well Installation Bidding Assistance 1 6 7 $ 1,905 $ - $ 1,905 $ 2,737 $ 4,642
6.2 Well Installation Construction Management 4 8 12 $ 3,220 $ 100 $ 3,320 $ 30,590 $ 33,910
6.3 Well Installation Construction Field Oversight 0 $ - $ - $ - $ 46,184 $ 46,184
6.4 Well Construction Report 2 16 40 24 2 84 $ 18,130 $ 400 $ 18,530 $ 18,530 SUBTOTAL 0 0 7 0 30 0 40 24 2 0 0 103 $ 23,255 $ 500 $ 23,755 $ - $ 79,511 $ 103,266 COLUMN TOTALS 20 25 201 26 142 130 325 336 38 0 0 1243 $ 281,105 $ 7,700 $ 288,805 $ 65,520 $ 91,234 $ 445,559 OT 1 Well Equipping Construction Services
OT 1.1 Well Equipping Bidding Assistance
OT 1.2 Engineering Services During Construction Support OT 1.3 Construction Management and Inspection Services
Well Equipping Construction Services TOTAL
OPTIONAL TASKS TOTAL
2 12
4 28
0 6 40
0 6 40
2 16 16
50 140
2 0 66 156
2 0 66 156
48 $ 11,910 $ 200 $ 12,110 $ 12,110
222 $ 52,210 $ 1,000 $ 53,270 $ 53,210
570 230 800 $ 174,250 $ 3,500 $ 177,750 $ 177,750
0 0 570 230 1070 $ 238,370 $ 4,700 $ 243,070 $ $ $ 243,070 0 0 570 230 1070 $ 238,370 $ 4,700 $ 243,070 $ - $ - $ 243,070 10 % mark-up on direct expenses; 15 % mark-up for sub-contracted services Standard mileage rate $0.625 per mile (or current Federal Mileage Reimbursement Rate) Rates are subject to revision as of January 1 each year.
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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 Water Systems Consulting, 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:
Engineering Design Services for a New Groundwater Production Well
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 June 30, 2024. 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 four hundred forty-five thousand five hundred fifty-nine dollars ($445,559), unless otherwise first approved in writing by CITY.
Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be
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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.
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.
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VII. CITY REPRESENTATIVE
The Director of Public Works/City 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)
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
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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.
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.
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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.
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 su ch 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.
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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.
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
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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.
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
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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 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.
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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.
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.
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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
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
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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:
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.
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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:
Water Systems Consulting, 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
12.B-11Council Agenda 2-7-2023
Attachment 2
Packet Page 86
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
6.5 Scope of Work
The scope of work for the new groundwater production well includes tasks for project management and meetings; two separate design packages for well drilling and equipping; permitting; bidding; and construction services. Both the well construction and equipping include preliminary design report documents and 60%, 90%, and 100% submittals. WSC welcomes the opportunity to negotiate our proposed scope of work with the City to help assure that it aligns with your goals and objectives.
Task 0 Project Management and Meetings
The project management task includes scope for WSC to manage and administer the project by coordinating with the internal team and subconsultants and implementing project controls to maintain the schedule and budget and provide regular progress reports. This task also includes time for comprehensive quality control of all deliverables, as well as time to prepare for and participate in seven (7) design meetings.
0.1 Project Administration
¾WSC will provide project administration and coordination with the City and subconsultants.
¾Prepare and maintain a project schedule with monthly updates to reflect project progress.
¾Provide monthly progress reports to the City summarizing project status, schedule changes, and project spend.
¾Prepare monthly invoices.
¾It is assumed that the project duration is 24 months and includes project management through construction services (Tasks 6 and 7). See attached project schedule in Section 7.0.
0.2 Quality Assurance/Quality Control
¾WSC senior technical staff will be responsible for executing the Quality Assurance and Quality Control (QA/QC) program.
¾WSC senior technical staff will provide comprehensive QC reviews of deliverables prior to submittal to the City for review. Anticipated deliverables are described in subsequent tasks.
0.3 Meeting #1 - Kick-Off Meeting
¾WSC will plan, organize, and conduct one (1) kick-off meeting. The purpose of the kick- off meeting will be to: (1) establish roles and responsibilities; (2) review scope, schedule, and deliverables; (3) review available data and establish data needs; (4) review the site layout and constraints; and (5) discuss the City’s preferences for design plans, building type, and technical specifications.
([KLELW$
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
¾WSC anticipates attendance of the Project Manager, Project Engineer, Hydrogeologist, and Electrical Engineer for a one and one half-hour meeting in person plus travel and preparation time.
0.4 Meeting #2 – Well Site Evaluation Meeting
¾WSC will plan, organize, and conduct a well site evaluation meeting. Discussion topics will include the proposed site layout, well drilling and construction, utility conflicts, access requirements for ongoing operations and maintenance, and conceptual well profile. The review will be followed by a discussion of the next steps for the well drilling design schedule. Draft agendas will be provided prior to the meeting. ¾WSC anticipates attendance of the Project Manager and Hydrogeologist for a two-hour meeting in person plus travel and preparation time.
0.5 Meetings #3 and #4 - Well Design Review Meetings (Draft 90% and Final) ¾WSC will plan, organize, and conduct two design review meetings for the well drilling design. The purpose of these meetings will be to discuss the 60% (Draft) and 90% (Draft Final) plans, specifications, and engineer’s estimate of probable construction cost. The review will be followed by a discussion of the next steps and design completion schedule. Draft agendas will be provided prior to the meeting. ¾WSC anticipates attendance of the Project Manager for two (2) two-hour meetings in person plus travel and preparation time. The QA/QC Engineer and Project Hydrogeologist will attend via conference call or virtually.
0.6 Meeting #5 – Well Equipping Schematic Design Review Meeting ¾WSC will plan, organize, and conduct a schematic design review meeting for the well equipping design. The purpose of the meeting will be to review the submitted schematic design and confirm well equipping design specifics, technical specification preferences, and any other comments or preferences the City would like incorporated into the design. The review will be followed by a discussion of the next steps and the well equipping design schedule. Draft agendas will be provided prior to the meeting. ¾WSC anticipates attendance of the Project Manager for a two-hour meeting in person plus travel and preparation time. The Project Engineer will attend via conference call or virtually.
0.7 Meetings #6 and #7 - Well Equipping Design Review Meetings (60%, 90%) ¾WSC will plan, organize, and conduct two design review meetings for the well equipping design. The purpose of the meetings will be to discuss the 60% (Draft) and 90% (Draft Final) plans, specifications, and engineer’s opinion of probable construction cost. The review will be followed by a discussion of the next steps and design completion schedule. Draft agendas will be provided prior to the meeting. ¾WSC anticipates attendance of the Project Manager for two (2) two-hour meetings in person plus travel and preparation time. The Project Engineer will attend via conference call or virtually.
12.B-12Council Agenda 2-7-2023
Attachment 2
Packet Page 87
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
Deliverable:Project Schedule, Monthly Progress Reports, Monthly Invoices. Meeting Agendas and Notes.
Assumption:- Meetings will be held within five (5) business days after technical submittals. - Project duration is 16 months.
Task 1 Well Site Evaluation
Task 1 includes data collection, research, and preparation of a well site evaluation technical memorandum. This document will present WSC’s evaluation of the selected well site, detailing design considerations and potential conflicts.
1.1 Data Collection and Utility Research
¾WSC will gather and review record maps of existing and proposed facilities, including available information and data for the City’s existing groundwater production well, underground utilities, and the proposed Central Coast Blue design.
1.2 Draft Layouts for Drilling
¾WSC shall prepare a detailed aerial base map of the site. The map will show existing conditions, buildings, etc. and include overlays of:
(1)proposed well location,
(2)existing underground utilities,
(3)designated FEMA Flood Zone,
(4)delineated regulatory setback/separation and 50-foot control zone requirements (5)delineated wellhead protection zones (2-, 5-, and 10-year time of travel), (6)point sources of possible contaminating activities (PCAs) within the identified wellhead protection zones using Department of Toxic Substances Control (DTSC) EnviroStor and SWRCB GeoTracker online databases,
(7)layout of well drilling/construction equipment, including proposed location(s) for noise mitigation sound walls, and
(8)conceptual footprint of the new production well facility within the proposed AWPFfacility, access road, and parking lot. Consider impacts to construction of the AWPF facility.
The map will be used for permit applications, including the Vulnerability Assessment for the preliminary Drinking Water Source Assessment permit amendment application, and will facilitate evaluation of the site for the purpose of constructing a new production well. ¾WSC will conduct a site reconnaissance to verify measurements and identify potential conflicts from existing conditions/infrastructure. The base map will be updated based on any new information obtained during the reconnaissance.
1.3 Well Technical Memorandum
¾A well site evaluation technical memorandum will be prepared documenting the conceptual well design, which will be further developed as part of Task 2. The document will include findings from Tasks 1.1 and 1.2 above.
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
¾The technical memorandum will be revised based on comments received by the City and additional permitting agencies.
Deliverable:Draft and Final Well Site Evaluation Technical Memorandum.
Assumption:The technical memorandum will undergo review by the City and permitting agencies.
Topographic survey and geotechnical investigations will be completed as part of Central Coast Blue. WSC assumes utility maps will be available from the Central Coast Blue utility research.
Task 2 Production Well Bid Package
The production well bid package task includes the preparation of the well drilling and installation bid package, including technical plans, specifications, and bid documents. Draft (60%) and final (90%) submittals are included to allow for comprehensive review by the City and regulatory agencies.
2.1 Technical Plans, Specifications, and Bid Documents
WSC will prepare the technical plans and specifications for the construction of the new groundwater production well to be included in the Notice Inviting Bids issued by the City. The bid package will include, but is not be limited to, the following items:
¾Bidding list based on the specifications for equipment, materials, and records required to be furnished by the drilling contractor.
¾List of permits to be acquired by the drilling contractor, including Underground Services Alert notification. Compliance with National Pollutant Discharge Elimination System (NPDES) and general construction permit requirements.
¾Controls for job site conditions (e.g., control of drilling waste, power, lighting, water, site materials, and work damage).
¾Noise mitigation specifications and requirements.
¾Mobilization, demobilization, site cleanup, and restoration requirements. ¾Drilling method and recommendations, including drilling fluid properties and collection method for formation samples.
¾Geophysical surveying and drift, plumbness, and alignment procedures for pilot and reamed boreholes.
¾Well screen, casing, ancillary tubing, gravel pack, and annular seal material specifications.
¾Primary and secondary well development procedures and criteria specifications. ¾Aquifer pumping test procedures and measurement specifications. ¾Spinner (flowmeter) survey protocol and specifications. ¾Downhole video survey specifications.
¾Plumbness and alignment survey methods and acceptance criteria for the completed well.
¾Well disinfection materials, procedures, and acceptance criteria in accordance with American Water Works Association standards.
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Attachment 2
Packet Page 88
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
Deliverable:Draft (90%) and Final (100%) Production Well Bid Package including drawings, specifications, cost estimates, and bid documents. Draft 90% documents to be submitted in electronic formats. Response to City and agency comments on the draft 90% bid documents.
Final (100%) submittal will include a complete stamped and signed plan set, specifications, and final well construction cost estimation.
Assumption:WSC will utilize the City of Pismo Beach’s existing “front-end” bidding documents for 90% and 100% submittals.
Task 3 Well Equipping Schematic Design
The well equipping schematic design task includes preparation and submittal of a preliminary design memorandum. This report will set the framework for the well equipping design.
3.1 Preliminary Design Memorandum
¾WSC shall prepare a Preliminary Design Memorandum (PDM) based on City guidance to summarize the well equipping project design criteria. ¾The intent of the PDM is to gather and confirm project data and to present preliminary design options (pump size, building type, disinfection requirements, etc.). The PDM will assume some production capacity based on nearby wells to preliminarily size pumps and piping, and include design plans of up to 30% completion. Design drawings including a site plan, single line diagram, and process and instrumentation diagram will be included at the 30% level.
¾The PDM details will include: Hydraulic analysis including system curve and design operating points (based on well production and distribution system pressures), well setting depth, well static and pumped levels, pump curves, recommended pump selection, and well operating parameters. The PDM will also describe above grade equipment, instruments, and facilities such as electrical panels, controls, standby power connection, chemical injection, well building construction, site layout, grading, and other related items. A limited drawing set will be included in the PDM including a site plan, single line diagram, and process and instrumentation diagram. ¾WSC shall provide an electronic copy of the draft report to the City and other permitting agencies. The PDR will be revised as necessary to document the comments and decisions made during the PDM review meeting.
Deliverable:Well Equipping Schematic Design Preliminary Design Memorandum Assumption:Survey and geotechnical engineering were performed as part of the Central Coast Blue project. No water system modeling is included in the design, WSC will meet pressure and flow as currently met by the existing well.
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
Task 4 Well Equipping Design
The well equipping design and bid package task includes the preparation of the well equipping bid package, including technical plans, specifications, a cost estimate, and bid documents. Draft (60%), draft final (90%) and final (100%) submittals are included to allow for comprehensive review by the City and regulatory agencies.
4.1 60% Draft Design Submittal
¾WSC will prepare and submit the 60% Draft Well Equipping Design Submittal (preliminary drawing set, outline specifications, and 60% opinion of probable construction cost) for review.
¾The plans will include the following elements: new well pump and motor; wellhead piping and appurtenances; pump-to-waste piping; a new building to house the well, electrical, and chemical feed systems; a new electrical service, main switchboard, motor control center, instrumentation, and SCADA control; and site improvements including grading and paving.
¾WSC shall prepare all general, civil, mechanical, and structural drawings. Electrical design will be completed by J Calton Engineering.
¾WSC will conduct Meeting #6 with City staff to discuss the 60% Draft Design Submittal and receive comments. Design drawings and specifications will be revised according to City comments.
4.2 90% Draft Design Submittal
¾WSC will submit the 90% Draft Final Design Submittal (drawings, specifications, and 90% opinion of probable construction cost) for review. The Draft Final Design Submittal will incorporate the City’s comments from the 60% submittal. ¾WSC will prepare technical specifications in 50 Division CSI format, including the bid schedule, measurement, and payment provisions, Division 01 General specification, and required technical specifications. It is assumed that front end bid documents from the City will be used for this project.
¾WSC will conduct Meeting #7 with City staff to discuss the Draft Final Design Submittal and receive comments.
¾Draft final bid documents, drawings, and specifications shall be submitted to the City as well as other permitting agencies including the DDW, County of San Luis Obispo Department of Environmental Health, and the City of Grover Beach for review.
Documents will be revised according to received comments.
4.3 100% Design Submittal
¾WSC will submit the Final Well Equipping Design once the City approves the Draft Final Design. This set will incorporate received comments.
¾The Final Design will include front end contract documents, a complete stamped and signed plan set, specification booklet, and final opinion of probable construction cost.
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Attachment 2
Packet Page 89
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
4.4 Contract Bid Front End Documents
¾WSC shall prepare contract documents in accordance with the City requirements starting at the 90% design level. WSC shall use the City’s existing front-end documents and update as required with project specific technical information.
4.5 Contract Documents for SWRCB and County Well Equipping ¾WSC shall submit contract documents to the DDW and the County Department of Environmental Health at the 90% design level. Comments from regulatory agencies will be incorporated into the 100% design submittal. The 100% design submittal will be submitted to the City of Grover Beach for review and issuance of a building permit.
4.6 Engineer’s Opinion of Probable Construction Cost (60%, 90%, 100%) for Well Equipping
¾WSC will prepare and submit an opinion of probable construction cost with the 60%, 90%, and Final Design submittals.
¾The 60% cost opinion will be commensurate with a Class 4 estimate as defined by the Association for the Advancement of Cost Engineering (AACE). ¾The 90% cost opinion will be commensurate with a Class 3 estimate as defined by AACE.
¾The 100% cost opinion will be commensurate with a Class 2 estimate as defined by AACE.
Deliverable:Draft (60%), Draft Final (90%) and Final (100%) Well Equipping Design Documents including drawings, specifications, cost estimates, and bid documents. Response to City and Agency comments on the draft final design package.
Assumption:WSC will utilize the City of Pismo Beach existing front-end bidding documents at 90% and 100% design levels. The well building will be concrete masonry unit (CMU) construction with a removable roof or skylight for well maintenance. WSC assumes no architectural design or fire protection systems are required. WSC will work with the City during preliminary design to select a building type (i.e., CMU, pre-fabricated, awning, or other) that best suits the City’s future needs. Scope does not assume preparation of pre-procurement separate documents for long lead equipment. No significant pipeline design work is expected and connections will be made to the existing Pismo conveyance pipeline in Huber Street. WSC cannot guarantee that the City’s actual project costs will not vary from cost opinions or estimates due to circumstances related to competitive bidding procedures, market conditions, and other economic conditions that could impact project costs. City front-end documents will be used for design packages. City and City legal counsel will supplement the City standard front-end documents as necessary to satisfy project requirements.
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
Task 5 Permitting and Environmental Coordination
During the preliminary design phase, WSC will identify and prepare a list of all permits applicable to well construction and equipping. The anticipated individual permits are listed below in subtasks
5.1 – 5.3.
5.1 Amended Domestic Water Supply Permit
¾Per Title 22 regulations, the City must request an amended Domestic Water Supply Permit prior to constructing the new well. WSC will assist with the permit application process by providing the City with the following preliminary documents which are to be submitted to DDW:
(1)A source water assessment for the proposed new well
(2)Documentation (map) demonstrating that the well site control zone with a 50-foot radius around the well can be established for protecting the source from vandalism, tampering, or other threats at the site by the owner (City) (3)Design plans and specifications for construction of the new well (4)Documentation required for compliance with the California Environmental Quality Act
¾Upon receipt of DDW’s conceptual site approval for the proposed new production well and following the completion (including equipping) of the new well, WSC will prepare and submit to the City all required documents for the Drinking Water Source Assessment and Protection Program (DWSAP). We anticipate these documents will include, but not be limited to:
(1)Profile of the finished borehole showing the encountered strata (2)Copy of the well construction permit issued by the County of San Luis Obispo Department of Environmental Health
(3)California DWR Well Completion Report
(4)Pump test data
(5)As-built plans
(6)Final version of the Drinking Water Source Assessment (7)Final version of the Well Data Sheet
(8)Chlorination Data Sheet
(9)National Sanitation Foundation (NSF) 61 certification of equipment in contact with water including, but not limited to, well pump, flowmeter, valves, etc. (10)NSF 60 certification of chemicals used for well treatment, including disinfection (11)Initial water quality results, including all chemical and bacteriological monitoring in accordance with the DDW’s regulations as stated in Title 22, CCR
5.2 Water Well Construction Permit
¾WSC will coordinate with the drilling contractor to provide project information needed for the water well construction permit application with the County of San Luis Obispo,
12.B-15Council Agenda 2-7-2023
Attachment 2
Packet Page 90
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
Department of Environmental Health Services. The contractor shall submit the application and pay for all associated permit fees.
¾WSC will prepare “Exhibit B” of the Water Well Construction permit application, which provides a statement that the new well will be used exclusively to provide groundwater to the public water supply system for human consumption. Accordingly, it is anticipated the San Luis Obispo Department of Environmental Health will treat the permit application as exempt from the requirements of the Executive Order N-7-22.
5.3 City of Grover Beach Building Permit
¾WSC shall coordinate and apply for a building permit with the City of Grover Beach. ¾Coordinate with City of Grover Beach to determine permitting requirements for well building and related infrastructure.
¾Prepare initial permit applications including drawings and calculations as applicable. ¾Participate in one (1) meeting with the City of Grover Beach Building, Planning, Public Works, and/or Engineering Departments. Address corrections on initial permit application and prepare revised drawings and application materials for the new well facility.
Deliverable:Documents required for the Amended Domestic Water Supply Permit Assumption:WSC assumes the City of Pismo Beach will be the primary contact for DDW and pay any fees for amending the Domestic Water Supply Permit. The City will submit final DWSAP documentation to DDW. The City of Grover Beach building permit will not include pipeline construction, and will be limited to the well building civil, structural, and electrical service drawings. WSC assumes all corrections will be addressed in the second plan check and a third submittal will not be required. Budget is based on an assumed level of effort of 16 hours. Groundwater produced from the new well during development and testing will be discharged to an existing storm water catch basin under the City’s NPDES permit. It is assumed that WSC will assist with the preparation of the PG&E service application, but the City will submit the application and required fees.
Task 6 Well Drilling and Installation Construction Services WSC can provide assistance to the City during the well installation bidding and construction. The specific services, as outlined below, include bid phase support through preparation of a final construction report.
6.1 Bidding Assistance
¾WSC will facilitate a pre-bid meeting at the well site with drilling contractors at the beginning of the bidding process. Discussions will be open to key issues in the technical specifications and to answer questions related to site conditions, preliminary well design, schedule, and contractual matters.
¾WSC will respond to bidder’s questions and prepare bid addenda, as necessary, during the bidding process.
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
¾Upon completion of the bidding process, WSC will assist the City by reviewing and evaluating all bids received and will provide recommendations for contract award.
6.2 Construction Management
WSC’s project hydrogeologist will manage the overall drilling, construction, and testing of the new production well, and will be responsible for the final design as determined from the borehole lithology, geophysical logging, and results of mechanical grading analysis of selected formation samples.
Our subconsultant, CHG, will provide construction management services to confirm that the aspects of this work are carried out by the drilling contractor according to the well drilling and construction specifications. WSC’s project hydrogeologist will have direct contact with CHG to receive progress updates, relevant photographs, construction details, and notification of potential issues. CHG will also assist WSC with finalizing the design of the new well. Construction management services will include, but not be limited to:
¾Reviewing all drilling contractor submittals and providing recommendations for modifications so the submittals meet the requirements of the specifications. ¾Coordinate drilling contractor activities prior to mobilization. This will include verifying that the contractor has provided all submittals required by the technical specifications and that equipment delivered to the site meets the requirements listed in the specifications.
¾Review drilling contractor’s pay requests to verify accuracy and completeness and notifying WSC of any needed revisions to be passed on to the contractor for modifications.
¾Review and respond to drilling contractor’s requests for information and change order requests as needed for legitimacy.
¾Logging essential documents, correspondence records, and field notes. ¾Informing WSC of proposed or anticipated deviations from the specifications by the drilling contractor and providing recommendations on the appropriateness of such changes to allow for approval or rejection.
¾Coordination with drilling contractor for water quality sampling and testing, and NPDES and storm water discharge permit compliance.
¾Coordination with drilling contractor to check that noise control practices are in conformance with local noise ordinances and policies.
¾Reviewing the draft DWR Well Completion Report for the new well submitted by the drilling contractor and providing recommended revisions, as needed. ¾WSC and CHG will chair a pre-construction meeting with the selected drilling contractor and City personnel to review key issues within the contract documents and technical specifications. Items discussed at the meeting will include required submittals and inspections, permitting, work schedule, invoicing, and communication protocols.
6.3 Well Construction Field Oversight
12.B-16Council Agenda 2-7-2023
Attachment 2
Packet Page 91
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
CHG will provide field (on-site) oversight services, under the direct supervision of a California Professional Geologist, during the drilling, construction, development, and testing of the new production well. We assume for this proposal that on-site oversight of these activities will be primarily conducted on a part-time basis as needed to oversee key items of work. However, full- time (24-hour operation) inspection and oversight will be provided at critical times, such as during well construction. Estimated durations for on-site oversight are provided for each well construction activity discussed below.
¾Conductor Casing Installation
Full-time field inspection (est. 14 hours) will be provided during conductor borehole drilling and logging, and conductor casing and sanitary cement seal installation for the new production well to verify that all materials are furnished and installed according to the technical specifications and regulatory requirements.
¾Contractor Mobilization
Part-time field inspection (est. 8 hours) will be provided during the period when the drilling contractor mobilizes the drilling rig and other equipment on to the well site. While on site, CHG will work with the contractor to locate the correct well location, inspect and document the drilling rig and supporting equipment, noise mitigation measures, and any other items and/or layouts necessary for the replacement well construction and well destruction project. ¾Pilot Borehole Drilling and Geophysical Logging
Part-time field inspection (est. 32 hours) will be provided during pilot borehole drilling.
Formation samples will be collected at 10-foot intervals (or more frequently depending on the stratigraphy encountered). Samples will be identified for material type and production potential by visually logging them in the field using the Unified Soil Classification System.
Formation samples will be organized and labeled by depth in boxes. Full-time inspection will be provided during geophysical logging of the completed pilot borehole. ¾Pilot Hole Evaluation Final Well Materials Design
The final lengths and dimensions of the well casing, screen, and annular materials will be determined based on the results of the borehole lithology, geophysical logs, and mechanical grading analysis of formation samples obtained from the pilot borehole.
A properly designed gravel pack and well screen will control sand production from the well when it is operating. Proper selection of the appropriate gravel pack material will be determined by mechanical grading analysis and will be designed based on industry standards regarding pack-to-aquifer ratios. Up to six (6) formation samples will be selected for mechanical grain size (i.e., sieve) analysis by a laboratory to assess permeability, sand migration potential, and uniformity coefficients. These analyses will be used as a basis for preparing the custom gravel pack and well screen design for the well.
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
The final well design will include recommended depth intervals and diameters for the well casing and screens, recommended final borehole diameters, and the proper screen opening size to complement the gravel pack designs.
WSC/CHG will submit a draft final well design recommendation memorandum to the City for consideration and approval. The final well design memorandum will incorporate comments received and will be submitted to the drilling contractor for execution. ¾Borehole Reaming and Caliper Survey
Part-time field inspection (est. 18 hours) will be provided during reaming (enlargement) of the pilot borehole to the final design diameter(s) and depth(s) to verify that the work is performed correctly, and that drilling fluid properties are maintained within parameters defined by the technical specifications. The caliper tool which measures the variation in borehole diameter as it is withdrawn from the bottom of the borehole will be inspected. The results of the caliper survey are translated into borehole volume that will be used to determine the appropriate volume of annular seal material to be added during well construction. ¾Well Casing and Screen, Gravel Pack, and Annular Seals Full-time field inspection (est. 48 hours) will be provided during casing, screen, appurtenances, gravel pack, and annular seal installation to verify that all materials are furnished and placed in accordance with the final well design and technical specifications.
Prior to installation, the gravel pack material and all well casing and screen will be inspected for compliance with the specified well design. During placement, the volume of gravel pack and cement seal materials will be checked against the volume calculated from the caliper log to confirm that there are no voids or bridges forming within the annular space.
¾Initial Well Development by Airlifting and Swabbing
Part-time field inspection (est. 18 hours) will be provided during initial well development by airlifting and swabbing processes. Added dispersants, discharge water, turbidity, and sand content will be monitored to track the development progress of the well. ¾Well Development by Pumping and Surging
Part-time field inspection (est. 20 hours) will be provided during well development by pumping and surging. Tests performed by the contractor for sand content and specific capacity will be monitored frequently to measure the advancement of the development process and to verify that the well is developed to the point at which sand production is minimal and specific capacity is stable before beginning the aquifer pumping tests. ¾Aquifer Pumping Tests
Once the well development process is complete, aquifer pumping tests will be performed by the contractor and results will be used by WSC to determine well and aquifer characteristics. The following aquifer pumping tests will be performed:
12.B-17Council Agenda 2-7-2023
Attachment 2
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6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
x Step Drawdown Pumping Test (8 hours): Time drawdown measurements will be made to determine specific capacity and well efficiency relationships necessary to calculate the optimal production rate and pump setting. Typically, a minimum of three and up to six rates are selected for pumping, beginning with the lowest rate, and progressing to the highest. Full-time inspection by CHG will be provided during this test.
x Constant Rate Pumping and Recovery Test (24 hours): Time drawdown and recovery measurements will be made to estimate aquifer parameters. Typically, the well is pumped at a constant rate for a period of 24 hours which is followed with monitoring the recovering water level for a minimum of 4 hours. Part-time field inspection (est. 16 hours) will be provided by CHG during the constant rate, flowmeter (spinner) survey, and water level recovery testing. ¾Video Survey, Plumbness, and Alignment Surveys, and Final Disinfection Following removal of the test pump and equipment and bailing to remove sediments from the bottom of the well, CHG will provide full-time field inspection (est. 8 hours) of a downhole video survey to document the post-construction condition of the well structure.
Part-time field inspection (est. 16 hours) will be provided during plumbness and alignment surveys to check compliance with State well standards and disinfection of the well to verify that approved chemicals, concentrations, and methods are used by the contractor. ¾Well Completion, Post-Construction Site Evaluation, and Project Close-Out CHG will inspect the final wellhead completion to confirm that the well casing and appurtenances are finished as described by the technical specifications and final well design. Part-time field inspection (est. 8 hours) of the post-construction condition of the well site to verify that all equipment, materials, and trash have been removed from the site.
6.4 Well Construction Report
After well construction activities are completed, WSC will prepare a final construction report that documents the results of the drilling, construction, development, and testing of the new production well. The report, at a minimum, will provide a summary of the activities, materials, and post- construction results for the new well. The following field documentation will be appended to the Well Construction Report:
¾Copy of Water Well Construction permit approved by County Department of Environmental Health and any other permits required for the drilling/construction ¾A photographic log of well construction activities
¾Copies of reviewed submittals and responses to contractor’s requests for information (RFIs) and contract clarifications
¾Lithologic log
¾Borehole geophysical logs
¾Results of mechanical grading analyses for selected drill cuttings and gravel pack material
¾Copies of well construction, development, and aquifer testing field forms
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
¾Copies of spinner/flowmeter log, plumbness and alignment test logs, and post- construction video log
¾Analyses and results of post-construction pumping tests ¾As-built diagram of the completed well
¾Results of water quality laboratory analysis
¾Copy of the California DWR Well Completion Report submitted by the drilling contractor Deliverable:Response to bidder’s questions and clarifications during bidding, as needed. Preparation of Bid addenda, as needed. Formal evaluation of contractor bids. Formation samples collected from conductor and pilot boreholes. Draft and Final Well Design Memo. Draft and Final Well Construction Report. Well construction documentation including permits, logs, sample results, testing field documents, and as-built well diagram.
Assumption:Water discharged during the drilling, development, and aquifer testing of the well will be collected by the contractor in on-site temporary water storage tanks for desilting and then discharged to the approved discharge point via a temporary pipeline. All report documents to be submitted electronically. Contractor will be responsible for collecting and submitting all water quality samples for analysis by a State-certified testing laboratory and paying lab fees.
Optional Task 1 Well Equipping Construction Services
WSC can provide assistance to the City during the bidding and construction of the well equipping.
The specific services, as outlined below, include responding to bidder inquiries, submittal review, responses to requests for information, review of change order requests, and part-time construction management. If WSC is awarded construction management services for the Central Coast Blue project, the cost of administering the new groundwater production well construction contract is estimated to be significantly reduced as the construction management team for Central Coast Blue will be providing oversight for construction and equipping of four injection wells and 11 monitoring wells. The Central Coast Blue construction management team will have the staffing, document control, and contract administration framework in place to efficiently manage the new groundwater production well construction at an incremental additional cost. Well equipping construction services are presented as an optional task so the City can decide whether to include these services as part of the overall Central Coast Blue construction management services scope, or as part of the new groundwater well design scope.
O1.1 Bidding Assistance
¾WSC will facilitate a pre-bid meeting at the well site with contractors at the beginning of the bidding process. Discussions will be open to key issues in the technical drawings and specifications and to answer questions related to site design. ¾WSC will receive questions from the City and prepare responses in the form of addenda. WSC will prepare up to two (2) addenda as part of the well equipping bid assistance.
¾Upon completion of the bidding process, WSC will assist the City by reviewing and evaluating all bids received and will provide recommendations for contract award.
12.B-18Council Agenda 2-7-2023
Attachment 2
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12.B-19Council Agenda 2-7-2023
Attachment 2
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.C
SUBJECT/TITLE:
WATER CONSERVATION PROGRAMS AND FUNDING
RECOMMENDATION:
1. Adopt a Resolution appropriating $50,000 from the Water Enterprise Fund to fund the City’s current water conservation incentive programs; and
2. Adopt a Resolution amending the limit for the Cash for Grass rebate program to be $2.00 per square foot of lawn removed, with a maximum rebate of the lesser amount between $10,000 or 50% of the total project cost.
BACKGROUND:
On January 17, 2023 staff provided an update to the City Council on the City’s water supply and information on the current water conservation incentive programs budget. The staff report for that meeting can be found in Access Pismo online public records portal1 or by scanning the QR Code at the right.
At this meeting, the City Council directed staff to assess the remaining budget of the water conservation incentive program and return with a request for additional funding should staff see a shortfall. The remaining budget for the incentive programs as of January 20, 2023, is $6,470, accounting for applications that have been approved and are under conversion. At the October 4, 2022 meeting, the City Council adopted Resolution R-2022- 086 increasing the rebate for the Cash for Grass water conservation rebate incentive program from $0.50 per square foot to $2.00 per square foot of grass replaced with drought-tolerant landscaping. This increase of the rebate amount per applicant has exhausted the budget at a faster rate.
Staff recently approved a Cash for Grass application in the amount of $10,000, under the new $2.00-per-square-foot reimbursement, which is the program’s maximum rebate limit.
In this particular case, the applicant did not install turf, but rather installed drought-tolerant landscaping. At this point the total cost of the project is unknown; however, the rebate is a substantial portion of the total cost. Staff’s understanding is that the intent of the increase to the dollar-per-square-foot for this program was to help offset the cost of turf and landscaping, but not to fund a majority of the conversion. Staff therefore recommends that the City Council amend the Cash for Grass Rebate program to provide a rebate of $2.00-per-square-foot of lawn removed, with a maximum rebate of the lesser amount between $10,000 or 50% of the total project cost.
1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=459500&dbid=0&repo=Laserfiche Council Agenda 2-7-2023 12.C-1
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Conclusion and Recommendation
Staff recommends the City Council adopt a Resolution (Attachment 1) appropriating an additional $50,000 for the water conservation incentive programs. These additional funds will not only support the increased dollar amount for the cash for grass rebate program, but the high-efficiency toilet, washing machine, hot water recirculation pump, smart irrigation controller, and rain barrel rebate programs that the City currently offers. Staff also recommends that the City Council adopt a Resolution (Attachment 2) amending the limit for the Cash for Grass rebate program to be $2.00 per square foot of lawn removed, with a maximum rebate of the lesser amount between $10,000 or 50% of the total project cost for applications submitted beginning on February 8, 2023.
FISCAL IMPACT:
The fiscal impact of the proposed Resolutions is an additional $50,000 from the Water Enterprise Fund. The current water conservation rebate budget is show below.
Water Conservation Rebate Incentive Programs $6,470
Proposed Water Enterprise Fund additional budget $50,000 Total Water Conservation Rebate Incentive Program $56,470 ALTERNATIVES:
1. Do not approve all or a portion of the recommended items; provide staff with direction.
ATTACHMENTS:
1. Resolution to appropriate additional funds
2. Resolution amending limit for Cash for Grass rebate program Prepared by: Meeting Date: February 7, 2023
Madeline Kacsinta, Engineering Technician
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
Council Agenda 2-7-2023 12.C-2
Packet Page 96
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA APPROPRIATING $50,000 FROM THE WATER ENTERPRISE FUND
TO FUND THE WATER CONSERVATION INCENTIVE PROGRAMS IN FISCAL YEAR 2023
WHEREAS, the City currently has six water conservation rebate incentive programs to help encourage residents save water; and
WHEREAS, those rebate programs include the Cash for Grass, High Efficiency Toilet, Washing Machine, Hot Water Recirculation, Smart Irrigation Controller and Rain Barrel rebates; and
WHEREAS, on October 4, 2022, the City Council adopted Resolution R-2022-086 increasing the rebate for the Cash for Grass water conservation rebate incentive program to from $0.50 per square foot to $2.00 per square foot of grass replaced with drought- tolerant landscaping; and
WHEREAS, increasing the Cash for Grass rebate amount per applicant has exhausted the budget at a faster rate.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $50,000 from the Water Enterprise Fund net position to fund the City’s current water conservation incentive programs 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 7th day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 2-7-2023 12.C-3
Attachment 1
Packet Page 97
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AMENDING THE LIMIT FOR THE CASH FOR GRASS REBATE PROGRAM TO BE $2.00 PER SQUARE FOOT OF LAWN REMOVED, WITH A MAXIMUM REBATE OF THE LESSER AMOUNT BETWEEN $10,000 OR 50% OF
THE TOTAL PROJECT COST
WHEREAS, the City currently has six water conservation rebate incentive programs to help encourage residents save water; and
WHEREAS, on October 4, 2022, the City Council adopted Resolution R-2022-086 increasing the rebate for the Cash for Grass water conservation rebate incentive program to from $0.50 per square foot to $2.00 per square foot of grass replaced with drought tolerant landscaping; and
WHEREAS, the increase to the dollar-per-square-foot rebate amount for this program was intended to help offset the cost of turf and landscaping, but not to fund a majority of the conversion; and
WHEREAS, staff therefore recommends that the City Council amend the Cash for Grass Rebate program to identify a maximum rebate amount for any applications received beginning on February 8, 2023.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby amends the limit for the Cash for Grass rebate program to be $2.00 per square foot of lawn removed, with a maximum rebate of the lesser amount between $10,000 or 50% of the total project cost.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 2-7-2023 12.C-4
Attachment 2
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