AGENDA
Pismo Beach City Council
Tuesday, February 6, 2024
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:
This meeting is 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 2-6-2024
Pismo Beach City Council Agenda February 6, 2024
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 2-6-2024
Pismo Beach City Council Agenda February 6, 2024
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 October 10, 2023 Special Parking Study Session;
2. Adopt Minutes of the January 16, 2024 Closed and Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for December 31, 2023 and January 14, 2024;
2. Approve the Register of Demands for January 5, 2024 and January 12, 2024.
Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for December 2023 of FY 2024 (Feeser)
Recommendation:
No action recommended; for information only.
Item 9.D: Fiscal Year 2024 Second Quarter Financial Status Report (Feeser)
Recommendation:
No action recommended; for information only.
Item 9.E: Quarterly Investment Report for the Three Months of October through December 2023 – the Second Quarter of Fiscal Year (FY) 2024 (Feeser)
Recommendation:
No action recommended; for information only.
Item 9.F: Update on January 9, 2023 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
No action recommended; for information only.
Council Agenda 2-6-2024
Pismo Beach City Council Agenda February 6, 2024
Item 9.G: Agreement with Diversified Project Services International for Engineering Design Services for the Digester #1 Demolition Project (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Diversified Project Services International in the amount of $71,915 for engineering design services for the Digester #1 Demolition project.
Item 9.H: Amendment #2 to the Agreement with Bureau Veritas North America Inc. for Building Division Services (Codron)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Amendment #2 to the agreement with Bureau Veritas North America Inc. in the amount of $120,000 in Fiscal Year 2024 for professional Building Division services.
Item 9.I: Agreement with Matrix Consulting Group, Ltd., for Operational Review and Assessment of the Public Works Department (Garcia)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Matrix Consulting Group, Ltd., in the amount of $58,000 for an Operational Review and Assessment of the Public Works Department, and Appropriating Related Budget Adjustments in Fiscal Year 2024.
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 (Buchanan)
Recommendation:
Receive the 2023 Risk Management Annual Report as information.
Item 12.B: Outside Users Agreement with Coastal Christian School for Fire Suppression Water (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an Outside Users Agreement with Coastal Christian School for Fire Suppression Water.
Council Agenda 2-6-2024
Pismo Beach City Council Agenda February 6, 2024
13.CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken
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
Special Meeting 1:00 p.m. Tuesday, February 13, 2024 City Hall Conference Room Special Workshop 10:00 a.m. Friday, February 16, 2024 Vespera Hotel, Meeting Room 1, 147 Stimson Ave, Pismo Beach
Regular Meeting 5:30 p.m. Tuesday, February 20, 2024 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 6, 2024 meeting(s) of the Pismo Beach City Council was posted on February 1, 2024, 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 2-6-2024
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: February 6, 2024
TITLE:
Adoption of Meeting Minutes
RECOMMENDATION:
1.Adopt Minutes of the October 10, 2023 Special Parking Study Session;
2.Adopt Minutes of the January 16, 2024 Closed and Regular Meeting.
DISCUSSION:
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.
ATTACHMENTS:
1.Draft Minutes of the October 10, 2023 Special Parking Study Session
2.Draft Minutes of the January 16, 2024 Closed and Regular Meeting Submitted by:
Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 2-6-2024 9.A-1
Packet Page 1
DRAFT MINUTES
Pismo Beach City Council
Tuesday, October 10, 2024
Special Meeting—1:30 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:
Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Jeff Smith, Chief of Police
Other staff present as noted below
2.PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3.AGENDA ITEMS
Item 3.A: Downtown Parking Management Study Session (Downing) Recommendation:
Receive information regarding the City’s Parking Management Program, including parking locations, revenue, parking software application, and parking in-lieu fee, and provide direction to staff if desired.
Council Agenda 2-6-2024 9.A-2
Attachment 1
Packet Page 2
Presenting staff:
Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, City Manager
Gordon Jackson, Director of Tourism and Events
Jeff Smith, Chief of Police
Call for public comment:
Don Day commented.
Jeanette Vierra commented.
Mark Schmitt commented.
Action: Consensus in support of providing the following direction to staff:
1.Return to the Council with options for the parking in-lieu fee program, potentially including:
•Reducing, eliminating, or offering fee credits or other incentives for, the parking in-lieu fee based on zone, business corridor, or historical payment of fees for a particular location;
•Offering a phased approach where project applicants do not have to pay a project’s total parking in-lieu fees up front;
2.Advertise the yearly resident parking pass program in the Clam Chronicle.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
4.ADJOURNMENT
At 2:35 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 2-6-2024 9.A-3
Attachment 1
Packet Page 3
PAGE 1 OF 7
Approved _______________________ CCM-2024-01-16 Closed and Regular
DRAFT MINUTES
Pismo Beach City Council
Tuesday, January 16, 2024
Special Closed Session—5:00 p.m.
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 Council Member Stacy Inman
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Scott Newton
Staff Present:
David Fleishman, City Attorney
Jorge Garcia, City Manager
2.ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session items listed below.
Item 2.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 County Superior Court Case No. 20CV-0652
3.PUBLIC COMMENT PERIOD
Call for public comment: No comment.
4.CLOSED SESSION
The Council retired to Closed Session to consider the above items.
Council Agenda 2-6-2024 9.A-4
Attachment 2
Packet Page 4
5.CLOSED SESSION REPORT
City Attorney Fleishman would make a report in the next regular open session detailing the reportable action taken on the above item.
6.ADJOURNMENT
At 5:31 p.m., to the 5:30 p.m. Regular Meeting.
Council Agenda 2-6-2024 9.A-5
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 Council Member Stacy Inman
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Scott Newton
Staff Present:
Michael Codron, Interim Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
Jeff Smith, Chief of Police
Other staff present as noted below
2.PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance.
3.ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
4.PRESENTATIONS
None.
5.PUBLIC COMMENT PERIOD
Call for public comment:
Jim Buttery commented.
Council Agenda 2-6-2024 9.A-6
Attachment 2
Packet Page 6
6.CITY MANAGER’S REPORT
City Manager Garcia 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:
Mayor Waage:
San Luis Obispo Local Agency Formation Commission (SLO LAFCO).
San Luis Obispo County Community Fire Safe Council.
9.CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Reiss
Second: Newton
Vote: The motion passed on the following vote (Items 9.A through 9.H):
Ayes: 4 Reiss, Newton, Guthrie, Waage
Noes: 0
Absent: 1 Inman
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1.Adopt Minutes of the April 17, 2023 Closed Session;
2.Adopt Minutes of the December 19, 2023 Closed and Regular Meeting.
Council Agenda 2-6-2024 9.A-7
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 3, 2023 and December 17, 2023;
2. Approve the Register of Demands for December 1, 2023, December 8, 2023, December 15, 2023, December 22, 2023 and December 29, 2023.
Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for November 2023 of FY 2024 (Feeser)
Recommendation:
No action recommended; for information only.
Item 9.D: Annual Review and Approval of Investment Policy (Feeser)
Recommendation:
Approve the City of Pismo Beach Investment Policy.
Item 9.E: Annual Pavement Cut Moratorium Update (Fine)
Recommendation:
No action recommended; for information only.
Item 9.F: Paid Parking Quarterly Update—Second Quarter of Fiscal Year 2024 (Livingston)
Recommendation:
No action recommended; for information only.
Item 9.G: Agreement with Diversified Project Services International for Professional Engineering Services for the Bello Street and Wadsworth Avenue Water Main Replacement Project (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Diversified Project Services International in the amount of $166,375 for engineering design services for the Bello Street and Wadsworth Avenue Water Main Replacement project; and appropriating related budget adjustments in Fiscal Year 2024.
Legislative Record: Resolution R-2024-001 adopted.
Council Agenda 2-6-2024 9.A-8
Attachment 2
Packet Page 8
Item 9.H: Digital Signature and Electronic Document Authorization (Inderlied)
Recommendation:
Adopt a Resolution authorizing the use and acceptance of digital signatures and electronic documents to the greatest extent allowed by law.
Legislative Record: Resolution R-2024-002 adopted.
10. ITEMS PULLED FROM CONSENT
None.
11. PUBLIC HEARINGS
None.
12. BUSINESS ITEMS
Item 12.A: Progress Report on Fiscal Year 2024 & 2025 City Council Goals (Garcia)
Recommendation: Receive a progress report on the City Council’s Fiscal Year 2024 & 2025 Goals.
Presenting staff:
Jorge Garcia, City Manager
Jeff Smith, Chief of Police
Call for public comment: No comment.
Action: Consensus in support of directing staff to return at the February 16, 2024 Goal-Setting Workshop with more information about options for acquisition of real estate for the purpose of affordable housing projects.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
13. CITY COUNCIL COMMENTS AND REQUESTS
No action.
Council Agenda 2-6-2024 9.A-9
Attachment 2
Packet Page 9
14.ADJOURNMENT
At 6:13 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 2-6-2024 9.A-10
Attachment 2
Packet Page 10
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
Meeting Date: February 6, 2024
TITLE:
Payroll Register and Register of Demands
RECOMMENDATION:
1. Approve the Summary of Payroll Register for December 31, 2023 and January 14, 2024;
2. Approve the Register of Demands for January 5, 2024 and January 12, 2024.
DISCUSSION:
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.
ATTACHMENTS:
1.Payroll Summary
2. Registers of Demands
Submitted by: Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:
Council Agenda 2-6-2024 9.B-1
Packet Page 11
FOR PERIOD ENDING 12/31/23
CHECKS DATED 01/05/24
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557052‐557053 2
ACH 125
EARNINGS
REGULAR 373,668.68
HOLIDAY 5,362.29
OVERTIME (Includes Comp Time Payouts)17,613.50
Administration
Building
Conference & Visitors Bureau
Police Department 11,307.55
Parking
Engineering
Fire
Recreation
Public Works 579.74
Water 2,865.92
Wastewater 2,860.29
Motor Vehicles
Subtotal‐Overtime 17,613.50$
SALARY ADJUSTMENTS 1,148.59
TRAINING / UNIFORM ALLOWANCE 161.25
OTHER EARNINGS 14,592.74
$412,547.05
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 41,139.49
FICA & MEDICARE 31,586.21
STATE INCOME TAX 14,758.47
STATE DISABILITY INSURANCE 3,565.83
GARNISHMENTS 501.53
HEALTH 4,016.98
SUPPLEMENTAL DISABILITY 1,509.23
SECTION 125 2,276.56
PERS 35,003.93
DEFERRED COMPENSATION 12,721.21
ADDITIONAL LIFE INSURANCE 271.00
UNION DUES 2,305.94
PISMO ATHLETIC CLUB 357.50
OTHER
NET PAYROLL $262,533.17
DIRECT DEPOSIT DEDUCTION 261,000.10
NET PAYROLL AFTER ACH DEPOSIT 1,533.07
SUMMARY PAYROLL REGISTER
Council Agenda 2-6-2024 9.B-2
Attachment 1
Packet Page 12
FOR PERIOD ENDING 01/14/24
CHECKS DATED 01/19/24
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557054‐557055 2
ACH 123
EARNINGS
REGULAR 417,399.27
HOLIDAY 5,050.34
OVERTIME (Includes Comp Time Payouts)18,172.70
Administration
Building
Conference & Visitors Bureau
Police Department 14,232.96
Parking
Engineering
Fire
Recreation
Public Works 210.59
Water 1,657.51
Wastewater 2,071.64
Motor Vehicles
Subtotal‐Overtime 18,172.70$
SALARY ADJUSTMENTS
TRAINING / UNIFORM ALLOWANCE 1,341.00
OTHER EARNINGS 13,845.69
$455,809.00
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 49,345.73
FICA & MEDICARE 35,118.96
STATE INCOME TAX 19,519.96
STATE DISABILITY INSURANCE 3,980.85
GARNISHMENTS 501.53
HEALTH 4,173.31
SUPPLEMENTAL DISABILITY 1,509.23
SECTION 125 2,276.56
PERS 32,952.94
DEFERRED COMPENSATION 12,920.64
ADDITIONAL LIFE INSURANCE 306.80
UNION DUES 2,325.58
PISMO ATHLETIC CLUB 357.50
OTHER
NET PAYROLL $290,519.41
DIRECT DEPOSIT DEDUCTION 288,878.75
NET PAYROLL AFTER ACH DEPOSIT 1,640.66
SUMMARY PAYROLL REGISTER
Council Agenda 2-6-2024 9.B-3
Attachment 1
Packet Page 13
City of Pismo Beach
Final Disbursement List Check Date 01/05/2024
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service 104,311.91$ Federal Income Tax PD 01/05/24 ACH 11208 SEIU Local 620 AFL/CIO 916.52 SEIU Dues PD 01/05/24 ACH 12260 dba: Mission Square ICMA Retirement Trust ‐ 457 24,365.42 ICMA 457 Deferred Comp EE & ER PD 01/05/24 ACH 12305 Franchise Tax Board 18,307.90 State Income Tax & SDI PD 01/05/24 ACH 12360 CalPERS 457 Plan 291.67 PERS 457 Deferred Comp ER PD 01/05/24 ACH 12708 dba: Mission Square ICMA Retirement Trust‐Roth IRA
525.00 ICMA Roth IRA PD 01/05/24
128298 10434 Abalone Coast Analytical Inc 432.00 Water Analysis 128299 10446 Achievement House, Inc.9,579.55 Sidewalk Cleaning Services & Pressure Washing Rental ‐ 11/7/23 ‐ 11/10/23, Pismo Beach Litter Removal Services ‐ November 2023 128300 10695 AFLAC 2,773.40 Supplemental Disability Insurance ‐ December 2023 128301 12275 Airgas West Inc 147.43 Welding Gas
128302 11882 Alexander's Contract Services Inc 4,059.07 Water Meter Reading Services Dec 2023 128303 10294 Allstar Fire Equipment 4,896.16 Supervac and Bracket 128304 14448 David Blanchard 210.00 M&IE: ACM Background Check 1/15‐1/19/24 128305 14119 Boone Printing & Graphics, Inc.122.73 Business Cards 128306 11392 Brenntag Pacific Inc.1,381.04 Sodium Bisulfite 128307 10028 Brisco Mill & Lumber Yard 96.31 Maintenance Supplies 128308 13591 Ryan Bullock 280.16 Reimb: Safety Boots FY 2024 128309 10074 Burdine Printing 2,973.40 Winter 2023 Clam Chronicle ‐ Printing and Mailing 128310 14414 California State Disbursement Unit 461.53 Tax Withholding Order PD 01/05/24 128311 12134 Camp Fire USA 320.00 Deposit Refund: PBVH Events 3/16/19 & 3/17/19, Refund: Reduced rental hours & facility attendant
128312 10085 Cannon Associates 17,245.82 Ocean Blvd CM ‐ Nov 2023, CM Inspection Materials Testing‐2022 Paving ‐ Nov 2023
128313 14663 Carlos Xavier Delatorre 17,325.00 IT Proj. Mgmt. Services for Public Safety Facility 8/3‐12/8/23 128314 13951 Central Coast Portables 541.80 Portable Restrooms ‐ PB Tennis Courts 11/11‐12/09/23 128315 11451 Channel Islands Technology Integrators' Group 1,057.54 IT Professional Services: Remote Support 128316 10708 Coastline Equipment 518.07 Vehicle Maintenance 128317 UB*01061 MARY JO & ANGEL COLUMBUS (T)121.97 Refund Check 018744‐000, 267 CYPRESS 128318 14146 Pamela Ann Coslick 80.00 Instructor: Tae Kwon Do 12/6‐12/27/23 #11349 128319 12628 Dell Marketing LP 856.20 Computer Accessories 128320 12224 Delta Dental Of California 6,832.58 Dental Premiums ‐ January 2024 128321 14217 Deltina Coffee Roasters 125.00 Coffee
128322 12307 Department Of Justice 831.00 Livescan Services ‐ October & November 2023 128323 14519 Matthew Downs 376.00 M&IE: Police Service Dog Training 1 1/14‐1/19/24 128324 14473 DXP Enterprises, Inc.2,530.05 90Pt Horizon Tablets 128325 10746 Electricraft Inc.1,786.17 Light pole Maintenance 128326 14638 F&H Construction 532,542.38 Public Safety Facility Design‐Build Progress Payment 1‐ Oct 2023, Public Safety Facility Design‐Build Progress Payment 2‐ Nov 2023 128327 13586 Famcon Pipe & Supply Inc.1,078.58 Distribution Maintenance 128328 12123 Farm Supply 381.45 Maintenance Supplies
128329 11868 FGL Environmental 643.00 Water Analysis
128330 13846 Franchise Tax Board‐Tax Withholding‐2 40.00 Tax Withholding Order PD 01/05/24 128331 14722 H & M Gopher Control 11,020.94 PERC Rodent Control Compressor 128332 11487 Hamner, Jewell And Associates 2,239.06 Cliff Ave and Ocean Blvd Right of Way ‐ Nov 2023 128333 13607 Kip Harms 500.00 Deposit Refund: PBVH Event 12/15/23 128334 14043 Health & Human Resource Center, Inc.428.40 Employee Assistance Program November 2023 128335 14246 Hunter Smith Architecture 8,812.50 Chapman Sewer Upgrades ‐ Nov 2023 128336 12018 Erica Inderlied 80.70 Reimb: SLO airport parking ‐ City Clerks Seminar 12/13‐12/15/23 128337 11739 J.B. Dewar Incorporated 6,742.20 Diesel & Unleaded Fuel Deliveries 12/06/23 128338 UB*01060 MARLIN MCKEEEVER KERRY RUTHERFORD (T)8.18 Refund Check 018573‐000, 1702 OCEAN BLVD 128339 12096 Lee Wilson Electric Co Inc 649.55 Signal Light Maintenance ‐ October 2023, Signal Light Repairs 11/7/23 & 11/29/23
128340 14729 Stephanie Li 250.00 Deposit Refund: DCP Event 10/14/23 128341 14427 Rubio Medina 4,360.60 Architectural Design Services for the Police Annex ‐ Nov 2023 128342 12090 Mier Bros. Landscape Products 762.88 Maintenance Supplies 128343 10097 Miners Hardware 1,740.04 Maintenance Supplies 128344 12199 Noble Saw, Inc 998.31 Parks Equipment
128345 11202 Pavement Engineering, Inc.14,903.75 Paving Project ESDC ‐ Nov 2023 Council Agenda 2-6-2024 9.B-4
Attachment 2
Packet Page 14
City of Pismo Beach
Final Disbursement List Check Date 01/05/2024
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
128346 12316 PG&E CFM/PPP Department 66,194.01 Central Coast Blue ‐ 980 Huber service extension agreement 128347 12022 Pismo Beach Police Officer's Association 1,389.42 POA Dues PD 01/05/24 128348 14701 Pre Con Industries 107,389.26 Police Dept. Parking Division Annex Pay App 1 ‐ Nov 2023 128349 12335 Procare Janitorial Supply Inc 2,983.38 Janitorial Supplies 128350 10817 PRP Co Dba PRP Companies 34.32 Uniform Embroidery 128351 11266 San Luis Auto Parts Inc 43.45 Vehicle Maintenance 128352 10093 SLO County Auditor‐Controller 12,525.00 Phoenix Parking Surcharges ‐ October 2023 128353 10532 SLO County Sheriff‐Coroner 27.00 Drug Testing 128354 11412 Jennifer Franco Smith 450.00 Portable Toilets ‐ Chapman ‐ December 2023 128355 13115 South Bay Regional Public Safety Training
Consortium
300.00 Registration: FTO Training 2/7‐2/9/24
128356 14732 St. Macarius the Great Orthodox Church 100.00 Deposit Refund: SBVH ongoing events 128357 13530 TCA Tools Inc 340.49 Maintenance Supplies
128358 14731 Cynthia Tedford 250.00 Deposit Refund: DCP Event 4/15/23 128359 14015 The Pape` Group Inc.246.76 Equipment Maintenance 128360 13097 The Standard 1,506.80 Life & Additional Life Insurance Premiums ‐ January 2024 128361 14721 Andrew Thomson 675.00 Well Maintenance
128362 12924 Traffic Management Inc 119.05 Signs
128363 UB*01058 DON & PRAPATSRI TULLMAN 230.39 Refund Check 017324‐000, 40 CAPANNA 128364 13392 Urban Planning Concepts 9,270.00 In‐house Planning Services ‐ Nov 2023 128365 12622 USA Bluebook Acct: 82507 1,384.30 WWTP Lan Supplies, Water Supplies 128366 14115 Vanir Construction Mgmt, Inc.10,663.00 Owner's Rep & CM ‐ Design‐Build Safety Facility Nov 2023 128367 13073 VSP‐ Vision Service Plan (CA)1,626.14 VSP Vision Coverage January 2024 128368 13548 Jodi Weimer 238.00 M&IE: Supervisory Leadership Institute Week 1 1/3‐1/6/24 128369 12132 White Flag Pest Control Inc 1,142.00 Pest Control 128370 UB*01059 YVONNE MEEKS TRUST 62.37 Refund Check 014167‐000, 122 HERMOSA Total:1,034,051.06$
Council Agenda 2-6-2024 9.B-5
Attachment 2
Packet Page 15
City of Pismo Beach
Final Disbursement List Check Date 01/12/2024
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 11224 Richards, Watson, Gershon Attorneys At Law 33.80$ Professional Legal Services ‐ November 2023 128371 14078 5‐Cities Community Service Foundation 20.00 Five Cities Men's Club ‐ Dues Dec 2023 128372 12631 Air Exchange, Inc 4,892.22 Equipment Maintenance 128373 12275 Airgas West Inc 46.08 Oxygen ‐ Dec 2023
128374 12433 Alpha Electrical Service Inc 524.50 WW Electrical Repairs 128375 13460 AT&T Mobility 287284035974 1,268.87 Cell Phone Charges‐ Nov 2023 128376 11589 Austin's Wet Pets and Pond Maintenance, Inc 210.00 Pond Maintenance ‐ December 2023 128377 10293 Battery Systems Inc 349.38 Vehicle Maintenance 128378 13603 Francine Bracamonte 239.74 Plaques
128379 11392 Brenntag Pacific Inc.1,957.08 Sodium Bisulfite 128380 12564 Broadcast Music Inc 421.00 Music License Fee 11/01/23 ‐ 10/31/24 128381 13269 Bianka Buchanan 143.00 M&IE: JPIA Risk Academy 1/22‐1/25/24 128382 14038 Bureau Veritas North America, Inc.3,315.00 Professional Building Division Support ‐ Nov 2023 128383 14736 Susan Carlisle 250.00 Deposit Refund: DCP ongoing events 128384 10799 Lindsay Carter Coates 528.00 Instructor: Yoga with Lindsay 12/6/23‐12/27/23 #11385 12/6/23‐ 12/27/23 #11385
128385 14682 Church of God 500.00 Deposit Refund: PBVH Event 10/09/22 ‐ 10/17/22 128386 11552 Agritec International Ltd CleanTech
Ei l
1,466.36 Equipment Maintenance
128387 14202 Crisp Imaging 70.52 Banner for Annex
128388 11986 Culligan/Central Coast Water 95.00 Soft Water Tank Rental ‐ January 2024 128389 14313 Culligan/Santa Maria 261.60 Drinking Water Dec 2023 128390 14733 Deep Blue Integration 1,095.00 Annual Fire Alarm Test & Inspection / Quarterly Fire Alarm Monitoring ‐ Corp Yard 1/1/24‐3/31/24
128391 14519 Matthew Downs 117.00 M&IE: K9 Selection 1/11 ‐ 1/12/24 128392 14519 Matthew Downs 376.00 M&IE: Police Service Dog Training 2 ‐ 1/21‐1/26/24 128393 14627 Easy Glider Corp 2,016.00 Instructor: Art Camp 1/2/24 ‐ 1/5/24 #11250 128394 10746 Electricraft Inc.545.13 Electrical Service Call ‐ Intersection Cameras 128396 13669 Frontal Security Services of California 175.00 Security ‐ PBVH Event 12/17/23 128397 10398 Liliana Graham 232.00 Instructor: Ballroom/Latin Dance Class 12/4/23 ‐ 12/18/23 #11356 128398 12952 GSI Water Solutions Inc 2,624.48 NCMA Annual Report ‐ Nov 2023 128399 14735 House of God Church 250.00 Deposit Refund: DCP Event 5/20/23 128400 12600 Intoximeters, Inc.394.63 Equipment Supplies 128401 12255 Iron Mountain Information Mgmt, Inc 400.68 Shredding Services 128402 11833 Keylock Security Specialists 110.00 Facilities Maintenance 128403 14503 Scott Lakey 300.00 Clam Pismo Coast Village Painting January 2024 128404 11586 Liebert, Cassidy & Whitmore 2,380.00 Reg: LCW Public Sector Employment 2/7‐2/9/24 128405 13836 Mesa Energy Systems, Inc 308.10 Facilities Maintenance 128406 10097 Miners Hardware 878.61 Maintenance Supplies 128407 14405 Mission Linen Supply 839.05 Uniforms/Floor Mats/Towels ‐ Dec 2023 128408 14343 ODP Business Solutions, LLC 156.78 Office Supplies 128409 13862 Ami Ortloff 300.00 CVB Dolliver Clam Painting January 2024/Monarch 128410 12315 Pacific Gas & Electric Company 5,181.73 Electricity 12/06/23 ‐ 01/07/24 128411 14102 Peak WiFi, LLC 549.70 Internet Service PD ‐ Camera Network / Police Internet connection for LPR ‐ Jan 2024
128412 14550 Phillco 109.90 Soft Water ‐ Stations 63 & 64 Jan 2024 128413 12335 Procare Janitorial Supply Inc 1,349.31 Janitorial Supplies 128414 10817 PRP Co Dba PRP Companies 1,024.53 Citations 128415 14613 Dennis Richardson 200.00 Instructor: Tennis with Dennis 11/4‐11/25/23 #11320 128416 13201 Rincon Consultants, Inc.1,932.00 Central Coast Blue EIR ‐ Nov 2023 128417 11266 San Luis Auto Parts Inc 147.10 Vehicle Maintenance 128418 11148 Software Solutions Team 12,225.00 Onsite Training: Microsoft O365 128419 12321 The Gas Company 1,554.24 Gas Service 11/14/23 ‐ 12/18/23 128420 12991 TransUnion Risk and Alternative 150.00 Investigative Services‐ Dec 2023 128421 14710 TVY SONS TSLO LLC 693.73 Vehicle Maintenance 128422 10135 U.S. Travel Association 2,650.00 US Travel Assoc Pillar 2024 Membership ‐ Pismo Beach CVB 128423 13365 V. Lopez Jr & Sons G.E.C., Inc 83,574.14 Five Cities Lift Station & Lift Station Maintenance Retention Total:141,431.99$
Council Agenda 2-6-2024 9.B-6
Attachment 2
Packet Page 16
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: February 6, 2024
TITLE:
Monthly Investment Transaction Report of the City’s Cash and Investments for December 2023 of FY 2024
RECOMMENDATION:
No action recommended; for information only.
DISCUSSION:
This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending December 31, 2023. California State Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body.
The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of December 31, 2023. Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending December 31, 2023.
FISCAL IMPACT:
No fiscal impact from the report itself—information only.
ATTACHMENTS:
1. Summary Table for ALL Funds, including Book Values and Earnings Data for Investments in Other Financial Instruments
2. For the General Fund Reserve and City Pooled Funds A—Transactions on Investments in Securities
3. For City Pooled Funds B—Summary of monthly transactions by fund Prepared by: Vanessa Garris, Finance Manager
Submitted by: Nadia Feeser, Administrative Service Director / City Treasurer City Manager Approval:
9.C-1Council Agenda 2-6-2024
Packet Page 17
City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned
December 2023
Actual Year-to-
Date Interest
Earned Ending
12/31/2023 * Data Sources
General Fund Reserves US Bank CDs/GASs/Corp/
Muni Bonds
2.08% avg 7,658,980 10,621$ 80,242$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note
3.20% avg 39,893,145 255,479 690,388 1
Total All Securities 47,552,125$ 266,100$ 770,630$ City Pooled Funds - B US Bank Custody 0.00%-$ 1,373$ 2,969$ 1 City Pooled Funds - B Local Agency Invest.
Fund
State Investment
Pool
4.00%14,883,931 149,526 282,535 2
City Pooled Funds - B US Bank Checking 0.00%14,175,865 1,094 8,000 3 City Pooled Funds - B 29,059,795$ 151,993$ 293,504$ City Pooled Funds total A + B 68,952,940$ 407,472$ 983,892$ Funds Held with Fiscal
Agent
Bond funds:
Wilmington Trust
2017 Pier Project 579$ 579$ 587$ 4 Funds Held with Fiscal
Agent
Bond funds:
Wilmington Trust
2017 CREB's
Project
1,009 488 498 4
CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed by
CalPERS
5,133,541$ 495,615$ 307,739$ 5 TOTAL, Cash and Investments at December 31, 2023:81,747,049$ 914,774$ 1,372,958$ TOTAL for City Managed Portfolio, Cash and Investments:76,611,920$ 418,093$ 1,064,134$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly reconciled bank statement from US Bank
4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments
9.C-2Council Agenda 2-6-2024
Attachment 1
Packet Page 18
CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
December 31, 2023
INVESTMENT ACTIVITY
PURCHASES OR DEPOSITS
12/26/23 Purchase US Treasury Bill 2,999,261$
12/28/23 Purchase US Treasury Bill 4,993,453
Total 7,992,713$
SALES, MATURITIES, CALLS OR WITHDRAWALS
12/21/23 Matured US Treasury Bill 2,999,548$
12/26/23 Matured US Treasury Bill 2,998,733
12/28/23 Matured US Treasury Bill 4,999,404
Total 10,997,685$
ACTIVITY TOTAL (3,004,972)$
INTEREST REVENUE
GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 10,621$
POOLED INVESTMENTS
Interest Earned on Investments 255,479$
TOTAL INTEREST EARNED 266,100$
Data Source: Monthly Download of Transactions from US Bank
9.C-3Council Agenda 2-6-2024
Attachment 2
Packet Page 19
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 12/31/2023 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Checking US Bank 13,001,701$ 4,150,086$ (6,248,366)$ 3,272,444$ -$ 14,175,865$ LAIF LAIF 14,883,931 - - - - 14,883,931 Total all Bank Accounts 27,885,632$ 4,150,086$ (6,248,366)$ 3,272,444$ -$ 29,059,795$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Fund
General Fund 1001-10101 2,784,971 3,374,334 (1,576,420) - - 4,582,885 General Fund-Reserve 1001-10105 341,465 10,829 - - - 352,294 Half Cent Sales Tax Fund 1002 1,493,662 496,047 - - - 1,989,709 Special Revenue Funds
Gas Tax Fund 2001 104,663 3,961 - - - 108,625 LTF - Streets 2002 253,826 (29,227) - - - 224,599 PEG Access Fund 2003 85,940 (321) - - - 85,619 Police Grant Fund 2004 113,277 33,427 - - - 146,704 Housing In Lieu Fund 2005 431,314 1,200,913 (1,519,846) - - 112,381 LBID Fund 2006 2,151,977 177,348 (94,972) - - 2,234,352 Chapman House 2007 81,191 149,439 (147,443) - - 83,187 Capital Projects Funds
Capital Projects Fund 3001 706,180 450,879 (494,483) - - 662,576 Public Facilities Fund 3002 886 - - - - 886 Park Development Fund 3003 284,859 16,448 - - - 301,308 Circulation Fund 3101 533,812 (5,407) - - - 528,405 Development Impact Fee Fund 3102 354,677 (45,679) - - - 308,997 Developer Impact Fee Fund 3103 168,604 - - - - 168,604 Underground Utility Fund 3201 16,669 - - - - 16,669
9.C-4Council Agenda 2-6-2024
Attachment 3
Packet Page 20
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 12/31/2023 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 771 - - - - 771 Spyglass AD Fund 4102 12,839 - - - - 12,839 Indio-El Portal AD Fund 4112 746 - - - - 746 Visalia Street AD Fund 4113 3,623 381 - - - 4,004 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 4,399,427 663,401 (1,917,915) - - 3,144,912 Water Construction Fund 6103 837,056 8,766 (8,753) - - 837,070 Water Expansion Fund 6104 866,457 9,018 - - - 875,475 Wastewater Enterprise Fund 6201 1,271,187 379,801 (411,981) - - 1,239,008 Wastewater Construction Fund 6202 1,412,960 - - - - 1,412,960 Wastewater Expansion Fund 6203 1,997,489 8,141 - - - 2,005,631 LTF - Transit Fund 6301 28,493 - - - - 28,493 Pier Operations Fund 6401 15,725 6,247 (19,754) - - 2,219 Parking Fund 6501 2,855,547 204,186 (48,602) - - 3,011,131 Internal Service Funds
Technology Service Fund 7101 117,472 116,227 (113,060) - - 120,639 Motor Vehicle Fund 7201 2,909,710 120,091 (42,531) - - 2,987,270 Trust & Agency Funds
SLO County TMD 8201 171,974 138,708 (172,490) - - 138,192 Control Funds
Payroll Control Fund 9301 911,334 1,754 249,452 - - 1,162,539 Interest Control Fund 9302 2,440 1,094 - - - 3,534 Utility Billing Control Fund 9304 162,410 2,156 - - - 164,566 M/R Control Fund 9305 - - - - - - Total all cash funds 27,885,632 7,492,962 (6,318,799) - - 29,059,795
9.C-5Council Agenda 2-6-2024
Attachment 3
Packet Page 21
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 12/31/2023 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 - - - - 0 General Fund - CD's 1001-10404 6,115,033 245,000 - - - 6,360,033 General Fund - Fed Agency 1001-10405 4,049,000 - - - - 4,049,000 GF - Half Cent Sales Tax CD's 1002-10404 735,000 - - - - 735,000 GF - Half Cent Sales Tax Fed Ag1002-10405 500,000 - - - - 500,000 GF - Half Cent Sales Tax Mny M1002-10108 0 - - - - 0 GF Reserve Money Mkt Cash 1001-10109 0 - - - - 0 GF Reserve - CD's 1001-10403 3,182,967 - - - - 3,182,967 GF Reserve - Fed Agency 1001-10402 2,208,000 - - - - 2,208,000 GF Reserve - Building 1001-10406 202,000 - - - - 202,000 GF Reserve - Building - Federal A1001-10146 298,000 - - - - 298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 150,000 - - - - 150,000 GF Reserve - Risk Mgmt - Fed A 1001-10140 50,000 - - - - 50,000 GF Corp Bond - Pooled 1001-10141 529,143 - - - - 529,143 GF Corp Bond - Reserve 1001-10145 500,000 - - - - 500,000 GF Municipal Bonds Pooled 1001-10142 897,022 - - - - 897,022 GF Municipal Bonds Reserve 1001-10143 1,018,013 - - - - 1,018,013 Risk Mgmt Muni Bonds Reserve 1001-10144 50,000 - - - - 50,000 Half Cent Sales Tax - Pooled 1002-10141 - - - - - - Half Cent Sales Tax - Muni Bond 1002-10142 - - - - - - GF CREB's Fiscal Agent 1001-10515 (0) - - - - (0) GF Treasury Note 1001-10410 13,029,864 (2,068,742) - - - 10,961,122 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0) - - - - (0) Housing In Lieu Fund 2005-10404 630,000 (245,000) - - - 385,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 - - - - 140,000 Housing In-Lieu Treasury Note 2005-10410 936,230 (936,230) - - - - Capital Projects Funds
Park Develop. Fund Mny Mkt 3003-10108 - - - - - - Park Development Fund 3003-10404 - - - - - - Park Develop Federal Agencies 3003-10405 - - - - - - Circulation Fees Mny Mkt 3101-10108 - - - - - - Circulation Fees 3101-10404 - - - - - - Develop. Impact Fee Mny Mkt 3102-10108 0 - - - - 0 Development Impact Fee Fund 3102-10404 245,000 - - - - 245,000 Impact Fees Federal Agencies 3102-10405 - - - - - -
9.C-6Council Agenda 2-6-2024
Attachment 3
Packet Page 22
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 12/31/2023 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 281,306 (280,727) - - - 579 Public Fin Fiscal Agent-CREBs 4002-10515 236,724 (235,715) - - - 1,009 Visalia Street CD's 4113-10404 100,000 - - - - 100,000 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 0 - - - - 0 Water Fund CD's 6101-10404 490,000 - - - - 490,000 Wtr Fund Federal Agencies 6101-10405 2,155,000 - - - - 2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 - - - - - - Water Fund Treasury Note 6101-10410 1,015,796 - - - - 1,015,796 Water Construction Money Mkt 6103-10108 (0)-- - - (0) Water Construction 6103-10404 504,363 -- - - 504,363 Wastewater Fund Money Market 6201-10108 0 -- - - 0 Wastewater Fund CD's 6201-10404 490,000 -- - - 490,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 -- - - 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,062,000 -- - - 1,062,000 WWtr Fund Treasury Note 6201-10410 1,015,796 -- - - 1,015,796 Parking Enterprise Money Mrkt 6501-10108 (0)-- - - (0) Parking Fund Corp Bond-Pooled 6501-10141 500,000 -- - - 500,000 Parking Enterprise 6501-10404 980,000 -- - - 980,000 Parking Fund Federal Agencies 6501-10405 1,750,000 -- - - 1,750,000 Parking Fund Treasury Note 6501-10410 902,872 -- - - 902,872 Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 - - - - 0 MVR Fund CD's 7201-10404 1,526,000 - - - - 1,526,000 MVR Fund Federal Agencies 7201-10405 500,000 - - - - 500,000 CalPers Benefit Trust
OPEB Trust Account 8101-10408 4,638,943 494,597 - - - 5,133,541 Total all Investments 55,714,070$ (3,026,817)$ -$ -$ -$52,687,253$ Total all Funds 83,599,702$ 4,466,146$ (6,318,799)$ -$ -$81,747,049$
9.C-7Council Agenda 2-6-2024
Attachment 3
Packet Page 23
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: February 6, 2024
TITLE:
Fiscal Year 2024 Second Quarter Financial Status Report RECOMMENDATION:
No action recommended; for information only.
EXECUTIVE SUMMARY:
This report updates the City Council on the Fiscal Year (FY) 2023-24 ending on June 30, 2024, or FY 2024, financial status based on actual revenues and expenditures during the first six months of the fiscal year.
Overall, the City of Pismo Beach’s funds are projected to be financially stable, with sufficient fund balances. The FY 2024 ending General Fund unassigned fund balance is projected to be $6.61 million, which is $10.63 million less than the FY 2023 ending unassigned fund balance. This decrease is largely due to the projected spending of various large capital projects, including $4.00 million for the Public Safety Facility project, $2.81 million for the current Paving Project, $2.67 million for the James Way Beautification project, and $1.73 million for the Chumash and Palisades Parks improvements projects, drawing down from the beginning unassigned fund balance.
For most of the City’s other funds, revenues and expenditures are projected to be on budget and the ending fund balances are in line with the FY 2025 Adopted Budget beginning fund balances. In all the funds, there are sufficient fund balances and projected revenues to cover projected expenditures.
The following sections provide details of the General Fund financial picture, followed by a summary and highlights of the City’s other funds.
I. General Fund Budget Summary
In summary, based on early projections from the first six months of the fiscal year, the General Fund is projected to end FY 2024 with a $6.61 million unassigned fund balance.
The FY 2024 projected $6.61 million unassigned fund balance is $2.49 million greater than the FY 2024 Revised Budget. This increase is attributable to $2.19 million in additional projected operating expenditure savings compared to the Revised Budget and $572 thousand additional projected operating revenues compared to the Revised Budget, offset by $273 thousand fewer projected one-time revenues compared to the Revised Budget.
The unassigned fund balance is used to pay for future one-time investments included in the FY 2024 and FY 2025 Budgets and in the 10-year Capital Improvement Plan.
9.D-1Council Agenda 2-6-2024
Packet Page 24
In addition to the General Fund unassigned fund balance, the General Fund includes the Budget Stabilization Reserve set-aside of $2.00 million and a CalPERS Pre-Payment set- aside of $1.00 million.
Table 1 is a summary of the FY 2023 actuals and the FY 2024 General Fund revised budget, projected actuals, and a variance comparing the budget to projected actuals.
Table 1: FY 2024 General Fund Budget Summary
II. General Fund Beginning Fund Balance
The General Fund beginning fund balance is comprised of two different components:
The unassigned fund balance, which are funds that are not committed for any specific purpose and could be used for various one-time projects, and The committed or carryforward fund balance, which are funds that are committed for a specific budgeted use.
As illustrated in Table 2, the FY 2024 Adopted Budget General Fund beginning fund balance was projected to be $12.26 million. Based on changes during FY 2023 and carrying forward fund balance to cover previously budgeted but not-yet-spent expenditures, the actual fund balance is revised to $25.03 million. This includes $19.24 million of unassigned fund balance and $5.80 million of carryforward fund balances.
AB CD = C - B
($ thousands)
FY 2023
Actuals
FY 2024
Revised
Budget
FY 2024 Year-
End Projected
Actuals
Variance
(Actuals-
Budget)
Unassigned Fund Balance 8,469$ 19,236$ 19,236$ -$ Committed Fund Balance 17,259 5,798 5,798 - a Beginning Fund Balance 25,727 25,034 25,034 - b Operating Revenues 32,544 31,724 32,296 572 c Operating Expenditures 24,665 30,301 28,111 (2,190) d = b - c Net Operating Surplus/(Deficit) 7,879 1,423 4,185 2,762 e One-time Revenues 337 709 436 (273) f One-time/Capital Expenditures 8,098 21,733 13,166 (8,566) g = a+d+e-f Ending Fund Balance 25,845$ 5,433$ 16,488$ 11,056$ Unassigned Fund Balance 17,236$ 4,119$ 6,608$ 2,489$ Committed Fund Balance 5,798 - 8,566 8,566 Contribution to Reserves 811 (1,686) (1,686) - Budget Stabilitation Set-Aside 2,000 2,000 2,000 - CalPERS Pre-Payment Set-Aside 1,000 1,000 -
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Table 2: FY 2024 General Fund, Beginning Fund Balance
III. General Fund Reserve
The City maintains various General Fund reserves totaling $6.01 million for emergency operations, building depreciation, and risk management. These reserves are crucial to avoid disrupting the City’s operations following unanticipated events. The reserves are shown in Table 3, followed by a summary of each reserve.
Table 3: General Fund Reserves
Reserve Amount ($ thousands)
General Fund 25% Reserve $5,261
City Building Reserve 500
Risk Management Reserve 250
Total $6,011
General Fund 25% Reserve
The City has adopted a fiscal policy to fund a General Fund Reserve of 25% of General Fund budgeted annual operating expenditures for FY 2024. The General Fund reserve should be equal to $7.58 million, which is 25% of the total FY 2024 budgeted annual operating expenditures of $30.30 million. On October 17, 2023, the City Council adopted Resolution R-2023-081 allocating $2.00 million of the General Fund Reserve to support the Public Safety Facility project. Currently, the General Fund Reserve is $5.26 million, which reflects $2.00 million already allocated to the Public Safety Facility project. Of this $5.20 million, $4.91 million is invested in various securities and $352 thousand is pending investment. This reserve allows the City to maintain its operations for a few months in the event that an emergency or disaster impacts the City’s finances, and can also be used for emerging opportunities. The City Treasurer will be investing an additional $314 thousand during FY 2024 to support the additional amount required to meet the 25% of the total FY 2024 budgeted annual operating expenditures. Based on the projected FY 2024 projected ending fund balance that is $2.52 million greater than budget, the City Treasurer may reach out to Council to restore all or part of the General Fund 25% Reserve towards the end of FY 2024 or during FY 2025 to get back to fully funding the General Fund Reserve over time.
($ thousands)
Adopted
Budget
Budget
Revisions Actuals
Unassigned Fund Balance 12,263$ 6,973$ 19,236$
Capital Funds Carryforward 5,114 5,114
Purchase Orders Carryforward 615 615
Prepayment Carryforward 69 69
Total Fund Balance 12,263$ 12,771$ 25,034$
$5,798
Carryforward
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City Building Reserve
The City Council created a City Building Reserve of $500 thousand, for the maintenance and upkeep of City facilities and buildings, particularly if funds are not available. This amount is equal to five years of annual depreciation on City-owned buildings.
Risk Management Reserve
The City Council established a Risk Management Reserve, contributing $50 thousand each year to the budget for unanticipated risk management costs. This reserve has a balance of $250 thousand, which is the maximum contribution level.
IV. General Fund Revenues
The FY 2024 Revised Budget revenues total $32.43 million. FY 2024 projected actual revenues are $32.73 million, or $299 thousand greater than budget. Compared to the previous year, FY 2024 projected actual revenues are $149 million, or 0.5% less than FY 2023. This decrease over the prior year is largely due to a projected reduction of $643 thousand in Transient Occupancy Tax revenues compared to the previous fiscal year, offset by a projected increase of $608 thousand in Other Revenues for additional overhead charges to other funds compared to the previous fiscal year. Table 4 summarizes the General Fund revenue budget and projected actual revenues for FY 2024, which is followed by a brief discussion of the top three FY 2024 projected actual sources of revenues.
Table 4: FY 2024 General Fund Revenue Budget and Projected Actuals
A B C D = C - B E = C - A F = C/A-1
($ thousands)
Revenue Category
FY 2023
Actuals
FY 2024
Revised
Budget
FY 2024
Projected
Actuals
Variance
(Projected
Actuals -
Revised
Bdgt)
Variance
(FY24 Proj
Act - FY23
Actuals)
% Variance
(FY24 Proj
Act v FY23
Actuals)
Proj
Actual
% of
Total
Transient Occupancy Tax 15,481$ 14,715$ 14,838$ 123$ (643)$ -4.2% 45.3% Property Related Taxes 7,046 7,009 7,093 84 46 0.7% 21.7% Sales and Use Tax 4,041 3,835 3,969 134 (72) -1.8% 12.1% Other revenues 2,121 2,615 2,728 113 608 28.7% 8.3% Permits 1,336 1,241 1,312 71 (24) -1.8% 4.0% Departmental Revenues 865 893 828 (65) (36) -4.2% 2.5% Franchise Taxes 800 698 800 103 - 0.0% 2.4% Business Tax 291 244 291 47 - 0.0% 0.9% Transfers In 140 140 140 - - 0.0% 0.4% Other Taxes 170 139 139 - (31) -18.1% 0.4% Other Finan Sources 114 87 87 - (26) -23.1% 0.3% Intergovernmental Revenue 85 70 70 - (15) -17.8% 0.2% Grants 54 37 - (37) (54) -100.0% 0.0% Total Operating Revenues 32,544$ 31,724$ 32,296$ 572$ (248)$ -0.8% 98.7% One-time Revenues 337 709 436 (273) 99 29.4% 1.3% Total Revenues 32,880$ 32,432$ 32,732$ 299$ (149)$ -0.5% 100.0%
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Transient Occupancy Tax (TOT) revenues are projected to be $123 thousand greater than budget and are projected to be $643 thousand, or 4.2%, less than the previous year’s TOT revenues. TOT revenues are generated by charging 11% of the rent for all lodging businesses that provide occupancy for a period of 30 consecutive days or less. This decrease in TOT revenues reflects an average 4.6% decline in TOT revenues received in the first five months of the fiscal year and a projected 4.2% decrease for the year in FY 2024 compared to FY 2023. Staff projects another rainy winter, but not as significant as FY 2023, with room rates at reduced rates and level occupancy. Chart 1 further illustrates FY 2024 TOT revenues collected in comparison to FY 2023.
Chart 1. TOT Revenues FY 2024 compared to FY 2023
Data obtained from Smith Travel Research Inc., a provider of competitive benchmarking, information services, and research to the hotel industry, indicates that the decrease in TOT revenues is largely due to a decrease in the average daily room rate and occupancy rates. On average, the average daily rate decreased by 1.6% and occupancy rates decreased slightly by 0.4% during the first five months of FY 2024, compared to the same period in the previous fiscal year.
Based on these trends, staff projects that TOT revenues will reach $14.84 million, representing a $123 thousand surplus from the budgeted amount, and a 4.2% decrease, or $643 thousand decrease, from the previous year's TOT revenues.
$‐
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
TO
T
Am
o
u
n
t
FY 2024
FY 2023
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Property-related tax revenues are projected to be $84 thousand greater than budget and $46 thousand, or 0.7%, greater than previous year’s property-related tax revenues. There are two sources of property-related tax revenues:
o Property Tax Assessed Value revenues: equivalent to 1% of assessed values o Property Tax In-Lieu of Vehicle License Fees: 1% tax on the market value of a registered vehicle.
Assessed value cannot increase by more than 2.0% per year per Section 2 of Article XIIIA of the California Constitution. The San Luis Obispo County Auditor-Controller’s office is projecting assessed values to increase by 2.0%. Sales and Use Tax revenues are projected to be $134 thousand greater than budget and $72 thousand, or 1.8%, less than the prior year. Sales and use tax revenues are made up of two sources:
o Bradley-Burns uniform sales and use tax, which is a 1.0% tax on taxable sales within the City.
o Public safety tax, which is a 0.5% tax on taxable sales for specified public safety purposes.
Based on actual sales tax received to date, the Bradley-Burns uniform sales and use tax is expected to be $141 thousand greater than budget, but $63 thousand less than the prior year. Based on actual revenues received to date and projections from the City’s sales tax consultant, City staff estimates that Bradley-Burns sales and use tax revenues will be $3.85 million. This reflects a decline in both consumers due to projected decline in visitors and a reduction in consumption due to higher prices.
Chart 2 illustrates sales tax revenues received in FY 2023 and FY 2024 by the month in which the sales tax was collected.
Chart 2. Bradley Burns Sales Tax Revenues FY 2024 compared to FY 2023 $‐
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
Sa
l
e
s
Ta
x
Am
o
u
n
t
FY 2023
FY 2024
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The public safety sales tax revenues are budgeted at $125 thousand in FY 2024 and are anticipated to be $7 thousand less than budget. This FY 2024 projected amount is $10 thousand less than the FY 2023 public safety sales tax revenues.
In summary, sales and use tax revenues are projected to be $134 thousand greater than budget and $72 thousand, or 1.8%, less than the prior year.
V. General Fund Expenditures
The FY 2024 Revised Budget expenditures total $52.03 million and projected actual expenditures total $14.55 million. Operating expenditures are projected to be $2.19 million less than the Revised Budget based on the first two quarters of expenditures. One- time capital costs are projected to be $8.57 million less than budget largely attributable to the timing of cash flow for the Paving project and the Public Safety Facility project that is anticipated to continue beyond FY 2024. These savings will be carried forward to next fiscal year and do not contribute to an increase in fund balance.
Total operating expenditures for the first two quarters total should be about 50% of the budget, assuming the timing of expenditures is consistent throughout the year. This year, about 43% of the operating budget has been spent in the first two quarters, while only 7% of the one-time capital expenditure budget has been spent in the first two quarters. These one-time costs are dependent on the timing of construction of these projects. Table 5 provides details of actuals as a percentage of budget by expenditure category, followed by explanations of the large variances from the 50% mark.
Table 5. FY 2024 General Fund Expenditure Budget and Projected Actuals
A B C D = C/B E F = B - E
($ thousands)
Expenditure Category
FY 2023
Actuals
FY 2024
Revised
Budget
FY 2024
Second
Quarter
Actuals to
Date
Second
Quarter
Actuals % of
Budget
FY 2024
Projected
Actuals
Variance
(Revised
Bdgt -
Projected
Actuals)
Proj
Actual
% of
Total
Salaries & Wages 8,350$ 10,046$ 4,858$ 48%9,022$ 1,024$ 21.9% Benefits 5,144 5,580 3,389 61%5,222 358 12.7% Professional Services 4,267 4,829 602 12%4,428 400 10.7% Contract Services 2,805 3,769 1,897 50%3,497 272 8.5% Operations & Maintenance 1,367 1,647 659 40%1,511 135 3.7% Other Expenses 980 1,504 653 43%1,504 - 3.6% Other Financing Uses 143 1,128 101 9%1,128 - 2.7% Transfers Out 717 811 301 37%811 - 2.0% Retiree Medical Insurance 443 431 99 23%431 - 1.0% Debt Service 432 429 305 71%429 - 1.0% Total Operating Expenditures 24,665$ 30,301$ 12,973$ 43% 28,111$ 2,190$ 68.1% One-time Capital Costs 8,098 21,733 1,581 7%13,166 8,566 31.9% Total Expenditures 32,763$ 52,034$ 14,554$ 28% 41,277$ 10,757$ 100.0%
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Some operating costs that do not reflect consistent monthly spending include:
Benefits, which includes retirement, health, and other benefits for employees. In order to take advantage of a 3% savings in CalPERS pension costs, the City prepaid the full year of its projected normal CalPERS pension costs. As such, the Benefits expenditure category reflects that 61% of the budget spent in the first two quarters. Professional Services, which reflects that 12% was spent in the first two quarters.
These costs are based on the timing of work performed and are not set amounts per month.
Operations & Maintenance expenses reflect that 40% of the budget was spent in the first two quarters. Staff anticipates about $135 thousand in savings for the year in operations & maintenance based on the current level of spending. Other Expenses, which includes Technology Services Fund allocations and other city- wide expenditures and reflects that 43% of the budget has ben spend in the first two quarters. Staff estimates that expenses have not yet been incurred, but will be equal the Revised Budget.
Other Financing Uses, which includes a $1.00 million general contingency budget and reflects that only 9% of the budget has been spent in the first two quarters. This budget is allocated over time based on unanticipated costs that come up throughout the year and are not a consistent allocation of expenditures.
Transfer Out to other funds, which includes support for the Chapman Estate Fund and Pier Enterprise Fund and reflects that only 37% of the budget has been spent in the first two quarters. The majority of these transfers are scheduled for the end of FY 2024, pending the need for General Fund support in those funds. Retiree Medical Insurance costs, which reflects that 23% of budget was spent in the first two quarters. The monthly costs are payments to Retirees, but the majority of these payments are contributions to CalPERS for the actuarially determined contribution and are paid toward the end of the fiscal year. Debt Service costs, which reflects that 71% of the budget was spent in the first two quarters. Debt service costs are paid when due and staff anticipates these costs to be equal to the Revised Budget.
VI. General Fund Contingency Budgets
General Contingency
The FY 2024 Adopted Budget included $1.00 million in the General Fund general contingency account that may be used for various one-time items that come up during the year. None of this contingency has been allocated in the first quarter of FY 2024.
Council Contingency
The FY 2024 Adopted Budget also includes a $5 thousand City Council contingency appropriation that may be used for various one-time items that come up during the year.
None of this contingency has been allocated in the first quarter of FY 2024.
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VII. Next Level Budget
The FY 2024 Adopted Budget includes $400 thousand in the General Fund non- department contract services account that may be used for various “next-level” contract services. None of this budget has been allocated in the first two quarters of FY 2024.
However, staff anticipates allocating about $160 thousand for various contract services for additional cleanings of sidewalks, restrooms, and other Public Work Facilities Division services.
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VIII. Other Funds
Table 6 reflects fund balance, projected revenue, and projected expenditure activity in the City’s other funds. For most funds, revenues and expenditures are projected to be on budget and the ending fund balances are in line with the FY 2025 Adopted Budget beginning fund balances.
Table 6. Other Funds
AB CD = B ‐ CE = A + DFG = E ‐ F
Fund
Type Fund Fund Title
Beginning
Fund Balance
Projected
Actual Revenue
Projected Actual
Expenditure Net Rev ‐ Exp
Projected
Ending Fund
Balance Carryforward
Unrestricted
Fund Balance
General Operating Funds
1001 General Fund 25,033,776 32,731,530 41,276,833 (8,545,303) 16,488,473 8,566,462 9,608,074 1002 Half‐Cent Sales Tax Fund 3,205,576 1,982,874 1,827,888 154,985 3,360,562 1,414,000 1,946,562 Special Revenue Funds
2001 Gas Tax Fund 300,722 439,829 460,737 (20,908) 279,814 ‐ 279,814 2002 Local Transportation 415,770 188,512 305,535 (117,023) 298,747 ‐ 298,747 2003 PEG Fund 73,720 40,187 63,849 (23,662) 50,058 (22,113) 72,171 2004 Grants‐NonCapital 62,847 151,911 208,769 (56,858) 5,989 ‐ 5,989 2005 Housing In Lieu Fee 4,047,150 91,162 2,653,130 (2,561,968) 1,485,183 ‐ 1,485,183 2006 LBI D Operations 719,530 1,357,386 1,506,394 (149,008) 570,522 16,000 554,522 2006 LBID Improvements 495,132 1,357,386 15,083 1,342,304 1,837,436 1,192,001 645,435 2007 Chapman Estate 78,323 965,540 932,568 32,972 111,295 81,396 29,899 Capital Project Funds
3001 Capital Projects 738,719 17,335,154 17,278,535 56,618 795,338 795,338 ‐ 3002 Public Facilities Fund 844 ‐ ‐ ‐ 844 ‐ 844 3003 Park Development Fund 336,724 16,082 85,437 (69,355) 267,370 145,029 122,341 3101 Circulation Fees 556,181 13,710 89,999 (76,289) 479,892 ‐ 479,892 3102 Impact Fees 491,886 27,179 250,879 (223,700) 268,186 ‐ 268,186 3103 Developer Impact Fee 56,352 ‐ ‐ ‐ 56,352 ‐ 56,352 3201 Underground Utility Fnd 15,890 ‐ ‐ ‐ 15,890 ‐ 15,890 Debt Service Funds
4001 PFA Debt Service ‐ 3,368,380 3,368,380 ‐ ‐ ‐ ‐ 4002 PF Agency Debt 893 704,530 704,530 ‐ 893 ‐ 893 4101 Reass 92‐1 Fwy Fthlls 735 ‐ ‐ ‐ 735 ‐ 735 4102 Spyglass 92‐4 12,239 ‐ ‐ ‐ 12,239 ‐ 12,239 Enterprise Funds
6101 Water Enterprise 8,492,793 5,749,356 5,802,890 (53,534) 8,439,259 8,439,259 ‐ 6102 Water Tax (Lopez/State) 296,671 2,127,000 2,395,720 (268,720) 27,951 27,951 ‐ 6103 Water Construction Fund 1,257,703 65,025 315,763 (250,738) 1,006,965 1,006,965 ‐ 6104 Water E xpansion Fund 805,404 30,779 ‐ 30,779 836,183 836,183 ‐ Water Enterprise Funds 10,852,570 7,972,160 8,514,372 (542,213) 10,310,357 10,310,357 ‐ 6201 Wastewater Treatment 9,219,597 5,776,915 14,096,477 (8,319,562) 900,035 900,035 ‐ 6202 Wastewater Capital Proj 1,349,394 3,634,263 305,240 3,329,023 4,678,417 4,678,417 ‐ 6203 Wastewater Expansion 1,863,327 54,489 ‐ 54,489 1,917,816 1,917,816 ‐ Wastewater Enterprise Fund 12,432,318 9,465,667 14,401,718 (4,936,050) 7,496,268 7,496,268 ‐ 6301 Local Trans Transit 27,158 ‐ ‐ ‐ 27,158 27,158 ‐ 6401 Pier Enterprise 97,885 81,151 162,066 (80,915) 16,970 16,970 ‐ 6501 Parking Enterprise 5,846,885 2,588,600 7,416,022 (4,827,422) 1,019,463 1,019,463 ‐ Internal Service Funds
7101 Technology Service Fund 114,799 1,711,050 1,783,167 (72,117) 42,682 ‐ 42,682 7201 Motor Vehicle Fund 4,681,754 1,403,231 2,860,609 (1,457,378) 3,224,376 ‐ 3,224,376
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Highlights of Other Funds
Half-Cent Sales Tax Fund (1002)
The Half-Cent Sales Tax Fund is part of the General Fund which includes a 0.50% transaction sales and use tax. This tax was approved by Pismo Beach voters in June 2008, effective October 1, 2008, and renewed in November 2014, which extends the tax to March 31, 2027. The tax proceeds are used exclusively for infrastructure projects. This fund started the year with a $3.21 million beginning fund balance (after including carryforward fund balances). Projected actual revenues are $1.98 million. Projected actual expenditures are $1.83 million. After accounting for a $1.41 million carryforward of project budgets, there is a projected $1.95 million projected ending fund balance in this fund. Table 7 lists the budgeted projects in this fund for FY 2024.
Table 7: Half-Cent Sales Tax Fund FY 2024 Budgeted Projects and Projected Actuals
Gas Tax Fund (2001)
The Gas Tax Fund is a Special Revenue Fund whose revenues include State gas tax funds based on the State’s apportionment formula. These funds are used for City street light costs, City traffic signal maintenance costs, and street repairs and/or capital improvements. This fund started the year with a $301 thousand beginning fund balance (after including carryforward fund balances). Projected actual revenues are $440 thousand and projected actual expenditures are $461 thousand for the Paving project.
Based on the projected revenues and expenditures for the current year, there is a $280 thousand projected ending fund balance in this fund.
Local Transportation Fund (2002)
The Local Transportation Fund is a Special Revenue Fund whose funds are used for construction and maintenance of streets, bluff protection, and beach access. Revenues for this fund consist of State Transportation Development Act funds, which remain after funds are allocated for regional transit, local transit, and Ride-on services. Projected actual revenues are $189 thousand and projected actual expenditures are $306 thousand, primarily for the Paving Project. Based on the projected revenues and expenditures for the current year, there is $299 thousand projected ending fund balance for this fund.
Projects FY 2024 Budget
FY 2024 Projected
Actuals
Paving Project $ 1,527,888 $ 1,527,888 Shell Beach Parking Lot 1,000,000 - Signalize Bello/Price Canyon Rd 389,000 - FY 2025 Paving project 300,000 300,000 City Hall Parking Lot 25,000 - Total $ 3,241,888 $ 1,827,888
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Public Education Government Fund (2003)
The Public, Educational, and Governmental (PEG) Access Fee Fund includes revenues from a PEG Access Fee collected from cable television providers (i.e. Charter Communications) with franchise operations within city limits. Expenditures include capital costs related to governmental cable broadcasting and equipment. Based on projected revenues of $40 thousand and projected expenditures of $64 thousand, the PEG Fund is expected to end the year with a $72 thousand fund balance.
Housing In-Lieu Fund (2005)
The Housing In-Lieu Fund is a Special Revenue Fund with revenues from a development impact fee paid to the City as an alternative to the production of affordable housing (housing in-lieu fee). These funds are used for the acquisition, construction, or rehabilitation of affordable housing. The fund is projected to have $1.49 million of funds available by the end of the year for this purpose.
Lodging Business Improvement District Fund (2006) Operations The Pismo Beach Lodging Business Improvement District (LBID) Fund for operations reflects a 1% assessment on transient rents at transient lodging providers as revenues and budgeted expenditures to promote Pismo Beach lodging businesses. The LBID Fund started the year with a $720 thousand beginning fund balance. City staff projects that LBID assessment revenues and interest earnings will be $1.36 million. Operating expenditures are projected at $1.51 million. The fund is expected to end the year with a $555 thousand unrestricted fund balance.
LBID Fund (2006) Improvements
The LBID Fund for improvements includes a 1% assessment for physical improvements, in particular the Pier Plaza project. The LBID Fund started the year with a $495 thousand beginning fund balance. City staff projects that LBID assessment revenues and interest earnings will be $1.36 million. Budgeted expenditures include $1.20 million for the Addie Street Restroom Improvement project, $15 thousand for replacement beach wheelchairs, and $7 thousand for the beach swing replacement project. Projected actual expenditure are $15 thousand for the beach wheelchairs and swings. The fund is expected to end the year with a $1.84 million unrestricted fund balance. Of this amount, the $1.20 million for the Addie Street Restroom Improvement project will be carried forward to next year, leaving a projected $637 thousand ending available balance. This amount plus the FY 2025 projected assessment revenues are anticipated to support future visitor-serving physical improvements.
Chapman Estate Fund (2007)
The Chapman Estate Fund reflects donations or other contributions for the Chapman Estate as revenues and ongoing maintenance and one-time infrastructure improvements to the Chapman Estate as expenditures. The fund started the year with $78 thousand and is expected to receive $966 thousand of revenues, including $857 thousand from the General Fund for Chapman Estate improvements project and $100 thousand from the General Fund to support operations, and $8 thousand from private event revenues.
Projected actual expenditures are $933 thousand, including $857 thousand for the
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Chapman Estate improvements project and $76 thousand for operating costs of the home and grounds and monthly maintenance costs for utilities and gardening. The remaining projected ending balance of this fund is $30 thousand.
Park Development Fund (3003)
The Park Development Fund is a Capital Project Fund with Quimby Act (park development in-lieu) fees and Impact Fees as funding sources to support construction costs of new parks and park lands, and the enhancement of existing parks to serve new development. The fund started the year with $337 thousand and is projected to receive $16 thousand in impact fee and permit revenues. Projected actual expenditures total $85 thousand and include the projects in the following table. Table 8 lists the budgeted projects in this fund for FY 2024.
Table 8: Park Development Fund FY 2024 Budgeted Projects
The fund is expected to end the year with a $122 thousand ending fund balance.
Water Enterprise Fund (6101)
The Water Enterprise Fund is an Enterprise Fund consisting of revenues from water billings and expenditures for: contract meter reading; direct water services and supplies; on-going inspection, repair, and maintenance of the City’s wells, tanks, booster stations, hydro-pneumatic system, and water distribution system components; water conservation efforts; and ensuring that a safe, drinkable supply of water is provided to Pismo Beach.
Water revenues are projected to be $5.75 million and expenditures are projected to be $5.80 million, including $669 thousand for the Central Coast Blue project.
The projected ending fund balance for the Water Enterprise Fund is $8.44 million, which is allocated for future water system capital costs, including the Central Coast Blue project.
Note that the Water Enterprise Fund also includes the Water Tax, Water Construction, and Water Expansion Funds and the ending fund balance across all these funds is $10.31 million.
Wastewater Treatment Fund (6201)
The Wastewater Treatment Fund is an Enterprise Fund consisting of revenues from wastewater billings and expenditures for direct services and supplies; operation and maintenance of the City’s wastewater treatment plant and the wastewater collection facilities including pumps and pipelines; and ensuring the City’s treatment and collection Projects
FY 2024
Budget
FY 2024
Projected
Actuals
Price Historic Park/ Meherin House 85,029$ -$
Palisades and Chumash Park Improvements 80,000 80,000 South Palisades Outdoor fitness equipment/trail 60,000 - Overhead costs 5,437 5,437
Total 230,466$ 85,437$
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system operations meet City, federal, and state laws and requirements. Wastewater revenues are projected to be $5.78 million and expenditures are projected to be $14.10 million, including $1.90 million for the Central Coast Blue project. The ending fund balance is $900 thousand which is already allocated for other wastewater capital projects. Note that the Wastewater Treatment Funds also include the Wastewater Capital Fund and the Wastewater Expansion Fund. The total combined ending fund balance across all these funds is $7.50 million.
Pier Enterprise Fund (6401)
The Pier Enterprise Fund includes revenues from a concession lease on the Pier and expenditures for repair and maintenance of the Pier, Promenade, and nearby facilities.
The beginning fund balance is $98 thousand and projected revenues are $81 thousand, from revenues from the Pier Airstreams. Projected expenditures include $162 thousand for Pier and Pier Plaza operating costs. The Pier Enterprise Fund is expected to end the year with a $17 thousand ending fund balance.
Parking Enterprise Fund (6501)
The Parking Enterprise Fund is an Enterprise Fund consisting of revenues from parking kiosks, parking citations, and parking permits to support a Parking Supervisor and Parking Enforcement Officer, implement the goals of the Pismo Beach Parking Management Plan, to administer existing parking more efficiently, provide more downtown parking, improve enforcement and parking management, and provide funds for future parking structures.
Revenues are projected to reach $2.59 million.
As shown in Table 9, addition to operating expenditures, the budget includes $6.82 million for one-time projects, including $4.00 million for the Public Safety Facility project, $1.31 million for the purchase of property to increase the City’s parking inventory, $1.16 million for the Police Department Parking Division Substation, $261 thousand for additional parking meters, $88 thousand for Addie Street Parking and Access Improvements, $4 thousand for a radio system upgrade and reliability project, and $1 thousand for other projects. Of these projects, staff projects $6.51 million will be spent while the other projects are delayed. The FY 2024 projected ending fund balance is $1.02 million.
Table 9: Parking Enterprise Fund FY 2024 Budgeted Projects Projects
FY 2024
Budget
FY 2024
Projected
Actuals
Public Safety Facility 4,000,000$ 4,000,000$
Parking Garage/Parking Inventory 1,305,496 1,305,496 Police Dept/Parking Substation 1,159,056 849,528
Parking Kiosk Machines 260,884 260,884
Addie St Parking & Access Impr 88,398 88,398
Radio System Reliability Upgrd 4,000 4,000
Other projects 1,097 1,097
Total 6,818,931$ 6,509,403$
9.D-14Council Agenda 2-6-2024
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Motor Vehicle Replacement Fund (7201)
The Motor Vehicle Replacement (MVR) Fund is an Internal Service Fund that funds the City’s motor vehicle operations and maintenance and motor vehicle replacements for various City departments. These costs are funded by accumulated fund balance, transfers from other funds, and motor vehicle rental charges to other funds. The MVR Fund started the year with a $4.68 million beginning fund balance. The FY 2024 projected ending fund balance is $3.22 million, which are accumulated funds necessary to fund future replacements.
Conclusion and Recommendation
Staff recommends that Council receive this report as information only.
FISCAL IMPACT:
There is no fiscal impact from receiving this report as it is information only.
ATTACHMENTS:
None
Submitted by: Nadia Feeser, Administrative Services Director City Manager Approval:
9.D-15Council Agenda 2-6-2024
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.E
Meeting Date: February 6, 2024
TITLE:
Quarterly Investment Report for the three months of October through December 2023 – the second quarter of Fiscal Year (FY) 2024
RECOMMENDATION:
No action recommended; for information only.
EXECUTIVE SUMMARY:
This report updates City Council on the City’s investment portfolio as of the quarter ending on December 31, 2023. This report complies with regulations set forth in California State Government Code Section 53646 in which the City Treasurer is required to submit to the legislative body (City Council) a quarterly report containing various information on the City’s investments.
The report includes all investments managed by the City, including funds invested in various securities, the City’s pooled funds invested in various financial instruments, and funds held in reserve with fiscal agents.
Table 1 (Attachment 1) provides a summary of the City’s cash, investments, and earnings based on book value as of December 31, 2023.
Tables 2 and 3 (Attachments 2 and 3) provides details on the investment type, issuer, maturity date, book value, market value, and interest rates as of December 31, 2023 for the General Fund Reserve and City Pooled Funds A, respectively.
All of the City’s investments and the City’s allocation of funds in the various financial instruments comply with State Government Code Sections 53610—53686 and with the City’s Investment Policy’s primary objective to safeguard the principal. Additionally, the City of Pismo Beach’s invested funds as described in this report comply with the City’s Investment Policy and meet the City’s pooled expenditure requirements for the next six months.
Description of Cash and Investment Accounts
Negotiable Certificates of Deposit (CDs), US Government Agency Securities (GASs), Corporate Bonds (Corp Bonds), US Treasury Notes, and Municipal Bonds (Munis) General Fund Reserves: The City has three reserves invested in various financial instruments that mature at various periods over the next five years. The total amount invested for these three reserves is $7.66 million, earning a projected 2.08% average interest rate during Fiscal Year (FY) 2024. Specifics of each reserve are provided below:
o General Fund Reserve: The City adopted a Fiscal Policy that maintains a General Fund Reserve of 25% of budgeted annual operating expenditures. This Reserve should be $7.58 million, which is 25% of the FY 2024 budgeted annual operating expenditures. Currently, $7.26 million is invested in various CDs, GASs, and Munis
9.E-1Council Agenda 2-6-2024
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earning 2.13% on average per year. Note that on October 17, 2023, Council approved Resolution R-2023-081 allocating $2.00 million of the General Fund Reserve to support the Public Safety Facility project. A future Quarterly Investment Report will reflect this shift.
o City Building Reserve: The City Council created a City Building Reserve of $500 thousand for the maintenance and upkeep of City facilities and buildings. Currently, this Reserve is invested in various CDs, GASs, and corporate bonds earning on average 2.38% per year during FY 2024.
o Risk Management Reserve: The City Council established a Risk Management Reserve, contributing $50 thousand each year to a maximum of $250 thousand . Currently, this Reserve is $250 thousand, which is invested in CDs, GASs, and Munis earning 3.10% on average per year.
City-Pooled Funds A (for deferred capital projects): Based on the City’s 10-year capital plan and the cash flow needs for the next five years, the City has invested $39.89 million in various CDs, GASs, Corp Bonds, Treasury notes, and Munis that mature at various periods over the next five years and have a 3.20% average interest rate during FY 2024.
Other Financial Instruments
City-Pooled Funds B (for current year expenditures): The City follows the practice of pooling cash for all funds in financial instruments. Interest earned on pooled cash and investments is allocated quarterly to the various funds based on the respective fund’s average quarterly cash balance. As of December 31, 2023, the City-Pooled Funds B are allocated or invested as described below.
$14.88 million in Local Agency Investment Fund (LAIF): LAIF is a State investment pool earning 4.00% annually and is the City’s main savings account where the majority of cash is held for current year expenditures.
$14.18 million in U.S. Bank Checking: This account is the City’s primary checking account.
OPEB Trust Account
The Governmental Accounting Standards Board (GASB) requires public-sector entities to account for the promise to provide other post-employment benefits (OPEB) over the working life of the employee rather than on a pay-as-you-go basis. The City has an actuarial study performed every two years to determine how much to set aside each year to partially or completely fund the City’s future obligations for retiree health costs.
The OPEB Trust Account is the California Employers’ Retiree Benefit Trust (CERBT) Fund that was set up for the purpose of receiving employer contributions to prefund retiree health and OPEB costs for retirees and their beneficiaries. This trust fund helps finance future costs in large part from the investment earnings provided by CalPERS, rather than the City’s restricted investment earnings. The projected earnings are 6.75% per year and fluctuate from quarter to quarter. The City contributes to the account at the Actuarial Determined Contribution amount of $180 thousand for this year toward the City’s unfunded liability. This contribution now appears as an asset for the City’s future retiree health costs instead of a significant liability on the City’s balance sheet.
9.E-2Council Agenda 2-6-2024
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Portfolio Allocation
Per California Government Code 53600 et seq., and the City's Investment Policy, the City may invest up to a maximum percentage of the entire portfolio of funds in authorized financial instruments. The following table shows a summary of the authorized financial instruments, the maximum percentage limits, the book value as of December 31, 2023 of the City’s funds, and the percentage of the total City’s pooled funds that are invested in each financial instrument.
Financial Instrument
Maximum
%
Book Value as
of 12/31/23
% of
Portfolio
Negotiable Certificates of Deposit 30% 15,350,363$ 20% Local Agency Investment Fund 100% 14,883,931 19%
Checking Account 100% 14,175,865 19%
US Treasury Issues 100% 13,895,585 18%
US Government Agency Obligations 50% 13,750,000 18% Corporate Bond 30% 2,591,143 3%
Issues of Other California entities 30% 1,965,035 3% 76,611,920$ 100%
Bond funds: Wilmington Trust 1,588$
OPEB Trust Account 5,133,541
Total Book Value 81,747,049$
Negotiable
Certificates of
Deposit, 20%
Local Agency
Investment
Fund, 19%
Checking
Account, 19%
US Treasury
Issues, 18%
US
Government
Agency
Obligations,
18%
Corporate
Bond, 3%Issues of Other
California
entities, 3%
Portfolio Allocation
9.E-3Council Agenda 2-6-2024
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Portfolio Liquidity
The portion of the City’s portfolio that is managed by the City Treasurer (all accounts except the Bond Funds and OPEB Trust Account) is sufficiently liquid to meet the City’s expenditure requirements for the next 6 months. The majority of funds are invested in LAIF, which has a liquidity of one day. The following table and chart illustrate the liquidity of the City’s managed portfolio.
Liquidity Amount
0 to 30 days 29,059,795$
FY 2024 14,040,585
FY 2025 9,211,177
FY 2026 8,250,000
FY 2027 9,170,363
FY 2028 5,655,000
FY 2029 1,225,000
76,611,920$
0 10,000 20,000 30,000 40,000
0 to 30 days
FY 2024
FY 2025
FY 2026
FY 2027
FY 2028
FY 2029
Portfolio Amount ($ thousands)
Li
q
u
i
d
i
t
y
P
e
r
i
o
d
Portfolio Liquidity
9.E-4Council Agenda 2-6-2024
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Investment Value
Book Value: The book value represents the initial outlay for an investment and is the amount carried on a balance sheet. In the past quarter ending December 31, 2023, the City’s total book value of cash and investments was $81.75 million. This is $1.51 million less than the last quarter’s ending balance. There are a number of factors that impact changes in cash and investment balances from quarter to quarter. These changes may include receiving periodic payments (e.g., property taxes are received in December and April), large payments on debt service or capital projects, seasonal revenues and expenditures, and other factors affecting cash flow.
Market Value: The market value represents the current price at which a security can be traded and is the value of an investment comparing the various aspects of the security to other factors in the market such as interest rates. The market value as of December 31, 2023 for CDs, GASs, Municipal Bonds, Treasury Notes, and Corporate Bonds was $48.45 million, which is $2.36 million less than the book value. The City expects to hold onto the majority of its investments to maturity and would receive the book value of its investment.
Investment Name Type of Investment
Book Value as
of 12/31/23
Book Value as of
9/30/23 Variance
General Fund Reserve CDs/GASs/Corp
Bonds/Muni Bonds
7,658,980$ 7,903,980$ (245,000)$
City Pooled Funds - A CDs/GASs/ Corp
Bonds/ Muni
Bonds/ US
Treasury Note
39,893,145 42,903,978 (3,010,833)
City Pooled Funds - B Various 29,059,795 27,811,450 1,248,345 Bond funds Blackrock Federal
Fund
1,588 900 687
OPEB Trust Account Benefit Trust
Account
5,133,541 4,638,943 494,597
TOTAL 81,747,049$ 83,259,252$ (1,512,203)$
Investment Name
Type of
Investment
Book Value as of
12/31/23
Market Value as
of 12/31/23 Variance
General Fund Reserve CDs/GASs/
Corp Bonds/
Muni Bonds
7,658,980$ 7,219,442$ (439,538)$
City Pooled Funds - A CDs/GASs/
Corp Bonds/
Muni Bonds/US
Treasury Note
39,893,145 38,735,441 (1,157,704)
Total All Securities 47,552,125$ 45,954,882$ (1,597,243)$
9.E-5Council Agenda 2-6-2024
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Investment Earnings and Performance
Interest Earnings: In the past quarter ending December 31, 2023, the City’s total interest earnings were a gain of $1.09 million, including a $589 thousand gain in the City’s managed portfolio and a $496 thousand gain in OPEB. The estimated interest earnings for FY 2024 are $2.24 million, which is a gain of 2.74% for the year for the City’s entire portfolio and a gain of 2.71% for the City’s managed portfolio. Note that as the City’s cash and investments change, the interest earnings change correspondingly.
Performance: The projected annual interest earnings rate for FY 2024 is 2.74% for the City’s entire portfolio. The projected annual interest earnings rate for FY 2024 is 2.71% for the City’s managed portfolio (excludes Bond funds and OPEB Trust Account). This is compared to LAIF, which is earned 4.00% as of December 31, 2023, or the 1-year U.S.
Treasury Note, which earned 4.78% as of December 31, 2023. The following table lists the various performance measures regarding the various annual earnings rate for the City’s entire portfolio, the City’s managed portfolio, and the two benchmarks of LAIF and the 1-year U.S. Treasury Note.
Performance Measure Earnings
Rate
City’s Annual Earnings Rate for entire Portfolio 2.74%
City’s Annual Earnings Rate for Managed Portfolio 2.71% LAIF Average Annual Earnings Rate 4.00%
1-Year U.S. Treasury Note 4.78%
Investment Name Type of Investment
Book Value as
of 12/31/23
Actual
Interest
Earned 2nd
Quarter
Estimated
Annual
Interest
Earnings
* Data
Sources
Actual Annual
Interest
Earnings
Estimated
Annual Interest
Earnings Rate
General Fund Reserves CDs/GASs/Corp
Bonds/Muni Bonds
7,658,980$ 51,567$ 80,242$ 1 160,060$ 2.09% City Pooled Funds - A CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note
39,893,145 382,347 690,388 1 1,328,704 3.33%
City Pooled Funds - B Various 29,059,795 155,327 293,504 3 587,008 2.02% Bond funds Wilmington Trust 1,588 1,074 1,085 2,169 136.65% OPEB Trust Account* Benefit Trust
Account
5,133,541 495,615 307,739 4 160,423 3.13%
TOTAL 81,747,049$ 1,085,930$ 1,372,958$ 2,238,365$ 2.74% Total Managed Portfolio 76,611,920$ 589,241$ 1,064,134$ 2,075,772$ 2.71%
9.E-6Council Agenda 2-6-2024
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Future Outlook
Recent economic indicators suggest a slowdown in the growth of economic activity following a robust third quarter. Although job gains have moderated, they remain strong, and the unemployment rate remains low. Inflation has eased over the past year but remains elevated. The U.S. banking system is deemed sound and resilient, but tighter financial and credit conditions for households and businesses are expected to impact economic activity, hiring, and inflation, with the extent of these effects remaining uncertain.
The Federal Open Market Committee (Committee) is focused on achieving maximum employment and a 2 percent inflation rate over the longer run. On December 13, 2023, the Committee decided to maintain the target range for the federal funds rate at 5.25 to
5.50 percent. It will continue assessing additional information and its implications for monetary policy.
With the elevated federal funds rate, market interest rates are greater than the City’s overall portfolio. With these higher interest rates, the City’s investment earnings potential is improving and could lead to greater investment earnings as the City’s current investments mature and are reinvested in higher yielding securities. The yield curve is currently inverted, meaning that longer term rates are less than shorter term rates. As such, the City Treasurer is investing more of its idle cash in shorter-term investments to take advantage of the higher rates, while preserving principal and remaining liquid.
FISCAL IMPACT:
No fiscal impact from the report itself—information only.
ATTACHMENTS:
1. Table 1: Summary Table for ALL Funds, including Book Values and Earnings Data for Investments in Other Financial Instruments
2. Table 2: For the General Fund Reserve—Basic Data on Investments in Securities
3. Table 3: For City Pooled Funds A—Basic Data on Investments in Securities Submitted by: Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:
9.E-7Council Agenda 2-6-2024
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Investment Name Name of Institution Type of Investment Current
Earnings
Rate
Book Value
as of 12/31/23
Actual Interest
Earned 2nd
Quarter Ending
12/31/23
Year-to-Date
Interest
Earned
Ending
12/31/23
* Data
Source
Estimated
Annual Interest
Earnings **
General Fund Reserves US Bank CDs/GASs/Corp
Bonds/Muni Bonds
2.08% avg 7,658,980$ 51,567$ 80,242$ 1 160,060$ City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note
3.20% avg 39,893,145 382,347 690,388 1 1,328,704
Total All Securities 47,552,125$ 433,914$ 770,630$ 1,488,764$ City Pooled Funds - B US Bank Custody 0.00%-$ 2,266$ 2,969$ 1 5,939 City Pooled Funds - B Local Agency Invest.
Fund
State Investment Pool 4.00%14,883,931 149,526 282,535 2 565,070 City Pooled Funds - B US Bank Checking 0.00%14,175,865 3,534 8,000 3 16,000 City Pooled Funds - B 29,059,795$ 155,327$ 293,504$ 587,008$ City Pooled Funds total A + B 68,952,940$ 537,674$ 983,892$ 2,075,772$ Funds Held with Fiscal
Agent
Bond funds: Wilmington
Trust
2017 Pier Project 579$ 582$ 587$ 4 1,173
Funds Held with Fiscal
Agent
Bond funds: Wilmington
Trust
2017B CREBs 1,009 492 498 4 996
Calpers Benefit Trust
OPEB Trust Account CalPERS Benefit Trust
Account
Various managed by
CalPERS
5,133,541$ 495,615$ 307,739$ 5 160,423
TOTAL, Cash and Investments at Dedember 31, 2023:81,747,049$ 1,085,930$ 1,372,958$ 2,238,365$ TOTAL for City Managed Portfolio, Cash and Investments:76,611,920$ 589,241$ 1,064,134$ 2,075,772$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund. 3 = Monthly reconciled bank statement from respective bank. 4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account ** Estimated Annual Interest Earnings for the current Fiscal Year (FY) 2024:
1. Estimated Earnings on Investments are based on scheduled Interest Payments during FY 2024
2. Estimated Earnings on Other Financial Instruments are based on anticipated average account balances (Book Values) and interest rates during FY 2024.
City of Pismo Beach
Table 1: Summary Table for All Funds,
including Book Values & Earnings Data for Investments in Other Financial Instruments
9.E-8Council Agenda 2-6-2024
Attachment 1
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City of Pismo Beach
December 31, 2023 QUARTERLY INVESTMENT REPORT
Table 2: For the General Fund Reserves - Basic Data on Investments in Securities:
Government Agency Securities, Bank Certificates of Deposit, Municipal Bonds, Corporate Bonds CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturit y
020080BL0 Alma Bank 1.75% 09/11/19 09/11/24 CD 97.692 245,000 239,345 (5,655) 73 02589ACE0 American Express
(59.76%)
2.90% 05/03/22 04/27/27 CD 94.083 147,000 138,311 (8,689) 1,031 052392BT3 Austin Telco Federal
Credit Union
3.80% 09/21/22 09/21/27 CD 96.735 245,000 237,001 (7,999) 1,178 06406RBA4 Bank New York Mellon
(32.69%)
2.05% 01/26/22 01/26/27 CD A 92.917 245,000 227,809 (17,191) 940 05600XQL7 BMO Harris Bank
(56.73%)
4.45% 05/24/23 05/24/28 CD 101.37 139,000 141,229 2,229 1,424 13063CLW8 California State GO
Bonds (41.83%)
5.00% 05/08/20 10/01/24 Municipal Bond AA- 101.671 245,000 212,645 (32,355) 93 13063CLW8 California State GO
Bonds (8.54%)
5.00% 05/08/20 10/01/24 Municipal Bond AA- 101.671 50,000 43,414 (6,586) 93 14042TFP7 Capital One Bank
(47.76%)
2.90% 04/27/22 04/27/27 CD 94.083 117,000 110,088 (6,912) 1,031 24951TAL9 Department of
Commerce FCU
(20.41%)
1.25% 01/07/22 01/07/27 CD 89.769 50,000 44,889 (5,111) 921 24951TAL9 Department of
Commerce FCU
(22.45%)
1.25% 01/07/22 01/07/27 CD 89.769 55,000 49,375 (5,625) 921 27004PCV3 Eaglemark Savings Bank
(20%)
3.25% 06/22/22 06/22/27 CD 95.036 50,000 46,568 (3,432) 1,087 291916AB0 Empower Federal Credit
Union (53.06%)
5.10% 09/29/23 09/29/28 CD 102.341 130,000 133,675 3,675 1,552 29367RLM6 Enterprise Bank
(63.27%)
0.85% 05/18/20 05/14/25 CD 94.515 155,000 146,509 (8,491) 318 3130APB87 FHLB 1.10% 10/13/21 10/13/26 Agency AA+ 91.575 500,000 457,875 (42,125) 835 3130AQZ55 FHLB 2.50% 03/10/22 03/10/27 Agency AA+ 94.902 500,000 474,510 (25,490) 983 3130ALYC2 FHLB (19.2%)1.14% 04/29/21 04/29/26 Agency AA+ 92.98 192,000 178,522 (13,478) 668 3130AMCY6 FHLB (2.5%)1.00% 05/27/21 05/27/26 Agency AA+ 92.412 50,000 46,206 (3,794) 696 3130AQAU7 FHLB (24.5%)1.45% 12/29/21 12/29/26 Agency AA+ 91.927 245,000 225,221 (19,779) 912 3130AMCY6 FHLB (25.8%)1.00% 05/27/21 05/27/26 Agency AA+ 92.412 516,000 476,846 (39,154) 696 3130ARF55 FHLB (49%)2.60% 03/30/22 03/30/27 Agency AA+ 95.119 245,000 233,042 (11,958) 1,003 3130ALYC2 FHLB (5.3%)1.14% 04/29/21 04/29/26 Agency AA+ 92.98 53,000 49,279 (3,721) 668 3130ARF55 FHLB (51%)2.60% 03/30/22 03/30/27 Agency AA+ 95.119 255,000 242,553 (12,447) 1,003 32024JAM5 First Federal Credit
Union - (78.35%)
4.40% 02/17/23 02/17/28 CD 98.968 191,967 190,124 (1,843) 1,327 33847E3J4 Flagstar Bank 0.90% 05/15/20 05/15/25 CD 94.571 245,000 231,699 (13,301) 319 39573LEM6 Greenstate Credit Union
(20.4%)
5.00% 09/26/23 09/26/28 CD 101.905 50,000 51,173 1,173 1,549 46632FRU1 JP Morgan Chase Bank 0.70% 01/22/21 01/22/26 Corporate Bond A+ 89.905 500,000 449,525 (50,475) 571 50625LBN2 Lafayette Federal Credit
Union
3.25% 06/15/22 06/15/27 CD 95.031 245,000 232,826 (12,174) 1,080 59013KPN0 Merrick Bank 1.10% 11/09/21 11/09/26 CD 89.907 245,000 220,272 (24,728) 862 6966674G6 Palm Springs USD GO
Bonds (95.66%)
0.85% 10/28/20 08/01/24 Municipal Bond AA 97.667 773,013 752,097 (20,915) 32 835104BZ2 Somerset Tr Co 1.00% 03/19/20 03/19/25 CD 95.178 245,000 233,186 (11,814) 262 87164X2C9 Synchrony Bank 4.60% 09/15/23 09/15/28 CD 100.153 245,000 246,482 1,482 1,538 88413QDL9 Third Federal Savings
Bank
3.50% 06/28/22 06/28/27 CD 95.821 245,000 234,761 (10,239) 1,093 89235MLC3 Toyota Financial Savings
Bank
0.95% 07/15/21 07/15/26 CD 90.769 245,000 222,384
Total $ 7,658,980 $ 7,219,442
9.E-9Council Agenda 2-6-2024
Attachment 2
Packet Page 47
City of Pismo Beach
December 31, 2023 QUARTERLY INVESTMENT REPORT
Table 3: For City Pooled Funds A - Basic Data on Investments in Securities:
Government Agency Securities, Bank Certificates of Deposit, Municipal Bonds, Corporate Bonds, Treasury Notes CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturit y
00257TBH8 Abacus Federal Savings
Bank
1.70% 09/18/19 09/18/24 CD 97.592 245,000 239,100 (5,900) 80 011852AE0 Alaska USA Federal
Credit Union
4.60% 03/08/23 03/08/28 CD 99.757 245,000 244,672 (328) 1,347 01664MAB2 All In Federal Credit
Union
4.40% 12/20/22 12/20/27 CD 98.887 245,000 242,268 (2,732) 1,268 01882MAB8 Alliant Credit Union 4.95% 12/30/22 12/30/27 CD 100.917 245,000 247,249 2,249 1,278 02554BDA6 American Eagle Bank 1.10% 03/13/20 03/13/25 CD 95.351 245,000 233,610 (11,390) 256 02589ACE0 American Express
(40.24%)
2.90% 05/03/22 04/27/27 CD 94.083 99,000 93,133 (5,867) 1,031 037833AZ3 Apple Inc 2.50% 03/05/20 02/09/25 Corporate Bond AA+ 97.523 1,062,000 975,230 (86,770) 224 062119BS0 Bank Five Nine (40.82%) 4.60% 04/14/23 04/13/28 CD N/A 99.839 100,000 100,016 16 1,383 062119BS0 Bank Five Nine (59.18%) 4.60% 04/14/23 04/13/28 CD N/A 99.839 145,000 145,001 1 1,383 06406RBA4 Bank New York Mellon
(67.31%)
2.05% 01/26/22 01/26/27 CD A 92.917 504,363 469,068 (35,294) 940 06048WS43 Bank of America Corp 2.00% 02/18/22 08/18/25 Corporate Bond A- 93.852 500,000 469,260 (30,740) 414 06740KQE0 Barclays Bank 3.00% 05/11/22 05/11/27 CD 94.358 245,000 231,177 (13,823) 1,045 05600XQL7 BMO Harris Bank
(43.27%)
4.45% 05/24/23 05/24/28 CD 101.37 106,000 107,720 1,720 1,424 05580AW59 BMW Bank North
America
4.60% 03/10/23 03/10/28 CD 99.744 245,000 244,645 (355) 1,349 13063CLW8 California State GO
Bonds (49.63%)
5.00% 05/08/20 10/01/24 Municipal Bond AA- 101.671 290,655 252,297 (38,358) 93 14042TFP7 Capital One Bank
(52.24%)
2.90% 04/27/22 04/27/27 CD 94.083 128,000 120,415 (7,585) 1,031 14042RQU8 Capital One National
(20.41%)
2.90% 04/27/22 04/27/27 CD 94.083 50,000 47,046 (2,954) 1,031 14042RQU8 Capital One National
(79.59%)
2.90% 04/27/22 04/27/27 CD 94.083 195,000 183,458 (11,542) 1,031 15118RUR6 Celtic Bank 1.35% 04/02/20 04/02/25 CD 95.484 245,000 233,936 (11,064) 276 15201QCJ4 Centerstate Bank 1.00% 03/30/20 03/31/25 CD N/A 95.114 245,000 233,029 (11,971) 274 12547CAX6 CIBC Bank USA Chicago 4.45% 04/14/23 04/14/28 CD 99.252 245,000 243,577 (1,423) 1,384 17286TAG0 Citadel Federal Credit
Union
1.65% 02/25/20 02/27/25 CD 96.12 245,000 235,494 (9,506) 242 19075JAB4 Cobalt Federal Credit
Union
3.60% 09/15/22 09/15/27 CD 96.058 245,000 235,345 (9,655) 1,172 22551KAU6 Credit Union of Texas 4.40% 12/09/22 12/09/27 CD 98.876 245,000 242,244 (2,756) 1,257 23204HPB8 Customers Bank 4.50% 06/14/23 06/14/28 CD 102.11 245,000 250,860 5,860 1,445 24951TAL9 Department of
Commerce FCU
(57.14%)
1.25% 01/07/22 01/07/27 CD 89.769 140,000 125,670 (14,330) 921 254673D94 Discover Bank 3.20% 05/19/22 05/19/27 CD 94.963 245,000 232,659 (12,341) 1,053
9.E-10Council Agenda 2-6-2024
Attachment 3
Packet Page 48
City of Pismo Beach
December 31, 2023 QUARTERLY INVESTMENT REPORT
Table 3: For City Pooled Funds A - Basic Data on Investments in Securities:
Government Agency Securities, Bank Certificates of Deposit, Municipal Bonds, Corporate Bonds, Treasury Notes CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturit y
27004PCV3 Eaglemark Savings Bank
(80%)
3.25% 06/22/22 06/22/27 CD 95.036 195,000 186,271 (8,729) 1,087 291916AB0 Empower Federal Credit
Union (46.94%)
5.10% 09/29/23 09/29/28 CD 102.341 115,000 118,256 3,256 1,552 29367SJQ8 Enterprise Bank 1.80% 11/08/19 11/08/24 CD 97.201 245,000 238,142 (6,858) 131 29367RLM6 Enterprise Bank
(36.73%)
0.85% 05/18/20 05/14/25 CD 94.515 90,000 85,053 (4,947) 318 30002CAT5 Everett Co-Operative 3.90% 01/23/23 01/19/27 CD 97.493 245,000 238,858 (6,142) 933 3130ALD76 FHLB 0.70% 02/25/21 02/25/26 Agency AA+ 92.547 500,000 462,735 (37,265) 605 3130ANSB7 FHLB 1.00% 09/17/21 09/17/26 Agency AA+ 91.513 1,000,000 915,130 (84,870) 809 3130ARGQ8 FHLB 2.88% 04/14/22 04/14/27 Agency AA+ 96.016 500,000 480,080 (19,920) 1,018 3130ATDV6 FHLB 5.00% 09/30/22 09/30/27 Agency AA+ 99.104 500,000 495,520 (4,480) 1,187 3130AQAU7 FHLB (14%)1.45% 12/29/21 12/29/26 Agency AA+ 91.927 140,000 128,698 (11,302) 912 3130AMS37 FHLB (20%)1.00% 06/24/21 06/24/26 Agency AA+ 92.204 400,000 368,816 (31,184) 724 3130AMCY6 FHLB (25%)1.00% 05/27/21 05/27/26 Agency AA+ 92.412 500,000 462,060 (37,940) 696 3130AMS37 FHLB (30%)1.00% 06/24/21 06/24/26 Agency AA+ 92.204 600,000 553,224 (46,776) 724 3130AMCY6 FHLB (46.7%)1.00% 05/27/21 05/27/26 Agency AA+ 92.412 934,000 863,128 (70,872) 696 3130AMS37 FHLB (50%)1.00% 06/24/21 06/24/26 Agency AA+ 92.204 1,000,000 922,040 (77,960) 724 3130ARGE5 FHLB (50%)3.00% 04/21/22 04/21/27 Agency AA+ 96.376 250,000 240,940 (9,060) 1,025 3130ARGE5 FHLB (50%)3.00% 04/21/22 04/21/27 Agency AA+ 96.376 250,000 240,940 (9,060) 1,025 3130AV6C1 FHLB (50%)5.71% 03/27/23 03/27/28 Agency AA+ 99.938 250,000 249,845 (155) 1,366 3130AV6C1 FHLB (50%)5.71% 03/27/23 03/27/28 Agency AA+ 99.938 250,000 249,845 (155) 1,366 3130AQAU7 FHLB (61.5%)1.45% 12/29/21 12/29/26 Agency AA+ 91.927 615,000 565,351 (49,649) 912 3130ALYC2 FHLB (75.5%)1.14% 04/29/21 04/29/26 Agency AA+ 92.98 755,000 701,999 (53,001) 668 32024JAM5 First Federal Credit
Union - (21.65%)
4.40% 02/17/23 02/17/28 CD 98.968 53,033 52,536 (497) 1,327 32110YE84 First National Bank
America
4.60% 09/21/23 09/21/28 CD 100.189 245,000 246,607 1,607 1,544 32112UDJ7 First National Bank
McGregor
1.80% 12/30/19 12/30/24 CD 96.735 245,000 237,001 (7,999) 183 334342CD2 First National Bank
Syracuse
1.85% 08/30/19 08/30/24 CD 97.875 245,000 239,794 (5,206) 61 33715LED8 First Technology 3.70% 08/19/22 08/19/27 CD 96.413 245,000 236,212 (8,788) 1,145 3136G4WV1 FNMA 0.75% 06/16/20 06/16/25 Agency AA+ 94.895 1,000,000 948,950 (51,050) 351 3136G4J61 FNMA 0.57% 08/26/20 08/26/25 Agency AA+ 93.909 750,000 704,318 (45,683) 422 3136G43L5 FNMA 0.55% 09/30/20 09/30/25 Agency AA+ 93.471 1,000,000 934,710 (65,290) 457 38149MAJ2 Goldman Sachs Bank 2.70% 05/22/19 05/22/24 CD 99.027 145,000 143,589 (1,411) (39) 39573LEM6 Greenstate Credit Union
(79.6%)
5.00% 09/26/23 09/26/28 CD 101.905 195,000 199,673 4,673 1,549 472207AE9 Jeanne D Arc Federal
Credit Union
3.80% 09/30/22 09/30/27 CD 96.744 245,000 237,025 (7,975) 1,187 502516QY6 La Canada California
USD
1.75% 04/28/20 08/01/24 Municipal Bond N/A 98.198 571,288 554,819 (16,470) 32 51210SSD0 Lakeside Bank 1.40% 03/30/20 03/31/25 CD N/A 95.565 245,000 234,134 (10,866) 274 58404DSM4 Medallion Bank Utah 4.40% 06/16/23 06/16/28 CD 99.158 245,000 243,626 (1,374) 1,447 60425SKB4 Minnwest Bank 4.25% 05/01/23 05/03/27 CD 98.197 245,000 240,583 (4,417) 1,037 61690UJ68 Morgan Stanley Bank 3.25% 05/19/22 05/19/27 CD N/A 95.11 245,000 233,020 (11,981) 1,053 67054NBC6 Numerica Credit Union 4.95% 11/04/22 11/04/27 CD 100.763 245,000 246,864 1,864 1,222 694231AF8 Pacific Enterprise Bank 1.35% 04/09/20 04/09/25 CD N/A 95.425 245,000 233,791 (11,209) 283 69506YRG6 Pacific Western Bank 1.35% 04/16/20 04/16/25 CD 95.394 245,000 233,715 (11,285) 290
9.E-11Council Agenda 2-6-2024
Attachment 3
Packet Page 49
City of Pismo Beach
December 31, 2023 QUARTERLY INVESTMENT REPORT
Table 3: For City Pooled Funds A - Basic Data on Investments in Securities:
Government Agency Securities, Bank Certificates of Deposit, Municipal Bonds, Corporate Bonds, Treasury Notes CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturit y
6966674G6 Palm Springs USD GO
Bonds (4.34%)
0.85% 10/28/20 08/01/24 Municipal Bond AA 97.667 35,078 34,122 (956) 32 70962LAS1 Pentagon Federal Credit
Union
0.90% 09/29/21 09/29/26 CD 89.806 245,000 220,025 (24,975) 821 75472RAE1 Raymond James Bank 2.00% 08/23/19 08/23/24 CD 98.012 245,000 240,129 (4,871) 54 79772FAG1 San Francisco Federal
Credit Union
4.35% 02/03/23 02/03/28 CD 98.762 245,000 242,102 (2,898) 1,313 856285K91 State Bank India 2.00% 03/23/22 03/23/27 CD 91.535 245,000 224,261 (20,739) 996 88241THJ2 Texas Exchange Bank 1.00% 06/10/20 06/13/25 CD 94.415 245,000 231,317 (13,683) 348 89236TGT6 Toyota Motor Corp 1.80% 06/05/20 02/13/25 Corporate Bond A+ 96.719 257,893 241,798 (16,095) 228 90348JTH3 UBS Bank USA 1.25% 03/25/20 03/25/25 CD N/A 95.421 245,000 233,781 (11,219) 268 90331HMS9 US Bank National 2.80% 05/29/20 01/27/25 Corporate Bond A+ 97.314 271,250 243,285 (27,965) 211 912797LL9 US Treasury Bill
(11.71%)
4.93% 12/28/23 03/21/24 Treasury Note N/A 98.861 936,230 935,854 (376) (101) 912797LL9 US Treasury Bill
(12.71%)
4.93% 12/28/23 03/21/24 Treasury Note N/A 98.861 1,015,796 1,015,773 (22)(101) 912797LL9 US Treasury Bill
(12.71%)
4.93% 12/28/23 03/21/24 Treasury Note N/A 98.861 1,015,796 1,015,773 (22)(101) 912797LL9 US Treasury Bill
(25.34%)
4.93% 12/28/23 03/21/24 Treasury Note N/A 98.861 2,025,632 2,025,153 (478) (101) 912797LL9 US Treasury Bill
(37.53%)
4.93% 12/26/23 03/21/24 Treasury Note N/A 98.861 2,999,261 2,999,369 108 (101) 912828V23 US Treasury Note
(15.30%)
4.74% 05/01/23 12/31/23 Treasury Note N/A 100 902,872 918,000 15,128 (182) 912828V23 US Treasury Note
(84.70%)
4.74% 05/01/23 12/31/23 Treasury Note N/A 100 5,000,000 5,082,000 82,000 (182) 917352AH9 Utah Community Credit
Union
4.50% 06/07/23 06/07/28 CD 101.772 245,000 250,000 5,000 1,438 92891CCP5 Vystar Credit Union 4.45% 09/30/22 09/30/27 CD 98.963 245,000 242,457 (2,543) 1,187 938828BN9 Washington Federal
Bank
1.95% 08/28/19 08/28/24 CD 97.944 245,000 239,963 (5,037) 59 98138MCC2 Workers Federal Credit
Union
5.25% 11/15/23 11/15/28 CD 103.168 245,000 254,202 9,202 1,599 Total 39,893,145$ 38,735,441$
9.E-12Council Agenda 2-6-2024
Attachment 3
Packet Page 50
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.F
Meeting Date: February 6, 2024
TITLE:
Update on January 9, 2023 and January 12, 2017 Emergency Proclamations RECOMMENDATION:
No action recommended; for information only.
DISCUSSION:
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 the City. The declaration is an acknowledgement of the need for additional resources and expedited procedures to deal with the emergency. The Director of Emergency Services’ 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, 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 Newsom 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 Pier Avenue Storm Drain Outfall
Council Agenda 2-6-2024 9.F-1
Packet Page 51
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)
Summary of Current Events
Staff continues to work 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 from the January storm.
January 12, 2017 Proclamation: Winter Storms
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-0121, 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, 2017 and March 16, 2017 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) 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)
1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=107586&dbid=0&repo=Laserfiche Council Agenda 2-6-2024 9.F-2
Packet Page 52
Summary of Current Events
The consultant is moving forward with work to obtain right-of-way authorization for the Cliff Avenue and Ocean Boulevard site. Staff has submitted a time extension request to Caltrans Local Assistance and is waiting for their review and determination. Caltrans Local Assistance has indicated that is expected to be received in mid-February 2024.
FISCAL IMPACT:
There is no direct fiscal impact from this report.
January 2023 Winter Storms
The cost of damage from the January 2023 storms is estimated to be about $26 million.
January 2017 Winter Storms
The cost of damage from the January 2017 storms is approximately $12 million.
ATTACHMENTS:
None.
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 2-6-2024 9.F-3
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.G
Meeting Date: February 6, 2024
TITLE:
Agreement with Diversified Project Services International for Engineering Design Services for the Digester #1 Demolition Project
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Diversified Project Services International in the amount of $71,915 for engineering design services for the Digester #1 Demolition project.
DISCUSSION:
In August of 2020 Council authorized the Wastewater Treatment Plant (WWTP) Improvements project consisting of the following items that would be completed either by staff or bid as separate contracts:
Rehabilitation of the existing belt filter press
Rehabilitation of the existing Dissolved Air Flotation Tank (DAFT) Demolition of Digester #1
Rehabilitation of the existing clarifiers
Construction of a 60-foot by 60-foot steel building
Rehabilitation of Digester #2
Cleaning of the oxidation ditches
Construction of a dump station and approximate 90-foot retaining wall Slurry sealing of the Corporation Yard
The rehabilitation of the belt filter press, DAFT and Digester #2 have been completed and staff is ready to move forward with the demolition of Digester #1. Staff issued a Request for Proposals (RFP) for engineering design services for the Digester #1 Demolition project. One proposal was received on January 18, 2024, from Diversified Project Services International (DPSI). 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 DPSI’s cost proposal is provided as Attachment 1.A.
9.G-1Council Agenda 2-6-2024
Packet Page 54
Demolition of Digester #1 will include removal and disposal of the biosolids contained within the digester, and preparation of the site for future use.
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 DPSI in the amount of $71,915 to complete the engineering design of the Digester #1 Demolition project.
FISCAL IMPACT:
The fiscal impact of adopting the attached resolution is $71,915. The FY 2024 Wastewater Enterprise Fund’s WWTP Improvements project budget includes $2,017,626 to complete the WWTP Improvements Project.
FY 2024 WWTP Improvements Project Budget $2,017,626
DPSI Design Contract $71,915
Remaining Project Balance $1,945,711
Once the design of the Digester #1 Demolition has been completed, the project advertised and construction bids are received, staff will return to Council to award the project.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: DPSI Cost Proposal
2. DPSI Vendor Agreement
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
9.G-2Council Agenda 2-6-2024
Packet Page 55
RESOLUTION NO. R-2024-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 DIVERSIFIED PROJECT SERVICES INTERNATIONAL IN THE AMOUNT OF $71,915 FOR ENGINEERING DESIGN SERVICES FOR THE DIGESTER #1 DEMOLITION PROJECT
WHEREAS, in August of 2020 Council authorized the Wastewater Treatment Plant Improvements project consisting of nine items to be completed by staff or bid as separate contracts; and
WHEREAS, three of the items have been completed and staff are ready to move forward with the Digester #1 Demolition portion of the project; and WHEREAS, an RFP for engineering design services was advertised and the proposal from Diversified Project Services International was evaluated and selected by a review panel.
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 (scope provided as Exhibit A) with Diversified Project Services International in the amount of $71,915 for engineering design services for the Digester #1 Demolition 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 6th day of February 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk
9.G-3Council Agenda 2-6-2024
Attachment 1
Packet Page 56
January 17, 2024
Billy HaasCity of Pismo Beach760 Mattie RoadPismo Beach, CA 93449 Subject: Request For Proposals - Engineering Design Services for Digester 1 Demolition Dear Mr. Haas:
Thank you for the opportunity to provide this Fee Proposal for our services. Attached you will find our fee breakdown showing estimated hours, hourly rates and other expected costs which shall remain effective for 120 days.
We understand that this work will be conducted under a Time & Materials Not-to-Exceed (NTE) contract.
Our goal was to provide enough detail to allow you to understand our rate structures and general approach.
We fully expect this to be adjusted during discussions and negotiations with the City of Pismo Beach.
We will be able to be very flexible in making quick adjustments to staffing and support levels as the intensity and focus of the project work ebbs and flows. Any time the project requires or if the City requests adjustments, you will find us to be very responsive.
We thank you for your consideration and look forward to working again with the City of Pismo Beach.
Sincerely,
Samuel D. Lux, RCEDirector of Civil EngineeringCA License 77460 5351 Olive Drive, Suite 100
Bakersfield, CA 93308
(661) 371-2800
[email protected]
ENGINEERING DESIGN SERVICES FOR DIGESTER 1 DEMOLITION 2
9.G-4Council Agenda 2-6-2024
Attachment 1.A
Packet Page 57
Date: 1/17/2024
2024 Rates $240 $230 $160 $220 $170 $130 $135
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Total
HRS HRS HRS HRS HRS HRS HRS $
Task 1: As-Built Research, Investigation and Review $4,160 As-Built Research, Investigation and Review 0.5 4 2 8 $2,520 Utility Research and Notification 0.5 2 8 $1,640
$0
Task 2: Site Visit $2,760
Field visit to review existing facilities and plan for removal 4 4 4 $2,760 $0
Task 3: Final Engineering Design $46,720
60% Digester 1 Demolition Plan Package 2 4 16 4 20 40 $13,440 60% Engineer's Quantity and Cost Estimate 2 4 12 8 $5,080 90% Digester 1 Demolition Plan Package 1.5 4 8 4 10 20 $7,740 90% Engineer's Quantity and Cost Estimate 1.5 8 $1,640
90% Construction Specifications and Bid Documents 2 8 $1,760 100% Digester 1 Demolition Plan Package 0.5 4 6 2 6 12 $5,020 100% Engineer's Quantity and Cost Estimate 0.5 4 6 6 $3,320 100% Construction Specifications and Bid Documents 2 4 8 8 8 24 $8,720 Task 4: Engineering Support for Bidding $3,600
Plan Interpretation and Bidding Assistance 8 8 $3,600
Task 5: Meetings and Reports $14,675
Kick-Off Meeting $0
Meetings with City Staff (60%, 90%, etc.as needed)5 15 15 $7,950 Bi-Weekly Progress Reports 5 10 15 $5,375
Meeting Minutes 10 $1,350
Total 22 60 72 73 36 88 57 $71,915
Project: Engineering Design Services Digester 1 Demolition
9.G-5Council Agenda 2-6-2024
Attachment 1.A
Packet Page 58
1 of 12
Vendor Agreement (Rev. 2/2/2018)
CITY OF PISMO BEACH
VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Diversified Project Services International (“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 – Digester #1 Demolition
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 seventy one thousand nine hundred fifteen dollars ($71,915), unless otherwise first approved in writing by CITY. Should this 2 of 12
Vendor Agreement (Rev. 2/2/2018)
AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.
B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.
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.
9.G-6Council Agenda 2-6-2024
Attachment 2
Packet Page 59
3 of 12
Vendor Agreement (Rev. 2/2/2018)
VII. CITY REPRESENTATIVE
The Utilities 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
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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 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.
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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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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: Jorge E. Garcia
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:
Diversified Project Services International
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
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9.G-12Council Agenda 2-6-2024
Attachment 2
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9.G-13Council Agenda 2-6-2024
Attachment 2
Packet Page 66
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.H
Meeting Date: February 6, 2024
TITLE:
Amendment #2 to the Agreement with Bureau Veritas North America Inc. for Building Division Services
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute Amendment #2 to the agreement with Bureau Veritas North America Inc. in the amount of $120,000 in Fiscal Year 2024 for professional Building Division services.
DISCUSSION:
Bureau Veritas, formerly California Code Check, has been providing plan check services to the City since 2007, and building inspection services since 2015. Established in 1967, the company has extensive experience providing Building Division services and their staff is familiar with the City’s processes, procedures, and the local building code.
The City’s current contract with Bureau Veritas was approved by the City Council December 6, 2022, and Amendment #1 to extend the term of the contract was executed under the City Manager’s authority on June 28, 2023. The scope of the current contract covers a wide range of Building Division services, designed to be available to support any function of the Building Division that needs supplementation when workload exceeds staff capacity. Services available under the scope of the current contract include plan check, inspection, Permit Tech, and Building Official services.
Current Building Division staffing levels (one Building Official, one Permit Technician, and one Inspector) are designed to support the Building Division’s typical workload, with the Building Official conducting most plan check services and the Building Inspector performing most inspection services. However, there are times when inspection coverage is needed due to vacations or illnesses, or plan check services are necessary due to the scope of large projects that would otherwise monopolize the Building Official’s time.
Currently, the high volume of electronic submittals has created a backlog of permits to be processed. Additional support from a Permit Technician via Bureau Veritas will help to ensure timely intake and processing of new building permit applications during this time.
In addition, the upcoming departure of the City’s Building Official means that the City must utilize a contract Building Official to ensure continuity of services during the City’s recruitment for a new permanent Building Official.
Staff expects the demand for building permit plan review and inspection coverage to remain at the cyclical level experienced in recent fiscal years. The Council-approved fee structure supports the City’s full cost to provide these services, which are reflected in the Fiscal Year (FY) 2024 budget. More of these budgeted funds must be allocated to the existing agreement with Bureau Veritas in order to support the cost of required services.
Amendment of the existing agreement to allocate the additional funding will ensure that Council Agenda 2-6-2024 9.H-1
Packet Page 67
the City continues to provide the high level of service to which the community is accustomed. Amendment #2 is provided as Attachment 1.A.
Conclusion and Recommendation
Due to current and anticipated volumes of submittals in the Building Division, and the creating of a vacancy in the position of Building Official, the City is in need of additional contract Building Division services in order to continue to provide a high level of service.
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute Amendment #2 (Attachment 1.A) to the Agreement with Bureau Veritas, which will allocate additional funding for these services.
FISCAL IMPACT:
The fiscal impact of adopting the Resolution approving Amendment #2 with Bureau Veritas North America Inc. is $120,000 from the General Fund Community Development Department Building Division Professional Services account in FY 2024, for a total contract amount of $240,000. There is sufficient budget in the General Fund Community Development Department Building Division Professional Services account to support this cost. This cost will be offset by various building fees already in the City’s Fee Schedule.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: Amendment #1
Prepared by:
Ian Livingston, Building Official
Submitted by: Michael Codron, Interim Community Development Director City Manager Approval:
Council Agenda 2-6-2024 9.H-2
Packet Page 68
RESOLUTION NO. R-2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #2 TO THE AGREEMENT WITH BUREAU VERITAS INC. IN THE AMOUNT OF $120,000 IN FISCAL YEAR 2024 FOR PROFESSIONAL BUILDING DIVISION SERVICES WHEREAS, since 2007, Bureau Veritas has been providing personnel with a high level of skill and experience for construction plan check and inspection services to the City of Pismo Beach, and has extensive experience providing Building Division services specifically tailored to the City and its needs; and
WHEREAS the City’s current contract with Bureau Veritas was approved by the City Council December 6, 2022, and Amendment #1 to extend the term of the contract was executed under the City Manager’s authority on June 28, 2023; and WHEREAS, Building Division staffing levels are designed to support the basic need for services, to be supplemented by contract services when needed; and WHEREAS, the City expects the demand for building permit plan reviews and required building inspections to remain at the high level experienced in recent fiscal years, exceeding the capacity of current Building Division staff levels; and WHEREAS, a vacancy in the position of Building Official will necessitate the use of contract Building Official services during the recruitment for a new Building Official; and WHEREAS, the Council-approved fee structure supports the City’s full cost to provide development review services, which are reflected in the General Fund budget; and WHEREAS, the Fiscal Year (FY) 2024 General Fund Community Development Department professional services account has sufficient funds to support these services; and
WHEREAS, amendment of the current contract with Bureau Veritas to allocate additional funding to the contract will allow Bureau Veritas to provide the City with the level of contract services needed to support required Building Division functions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #2 (Exhibit A) to the agreement with Bureau Veritas North America Inc. for building permit plan check review, building inspection, Permit Technician, and Building Official services in an amount of $120,000 in FY 2024, for a resulting contract total of $240,000.
Council Agenda 2-6-2024 9.H-3
Attachment 1
Packet Page 69
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 6th day of February 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk
Council Agenda 2-6-2024 9.H-4
Attachment 1
Packet Page 70
AMENDMENT # 2
to the
December 15, 2022 AGREEMENT BETWEEN THE CITY OF PISMO BEACH AND BUREAU VERITAS NORTH AMERICA INC.
Pursuant to the December 15, 2022 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Bureau Veritas North America Inc., hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:
1. Additional services shall be performed as set forth in the proposal dated December 15, 2022, which is attached hereto and by this reference made a part hereof.
2. Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of one hundred twenty thousand dollars ($120,000.00), without prior written approval of the City.
3. The revised fee under the December 15, 2022 contract, plus this addendum, is two hundred forty thousand dollars ($240,000.00).
4. The term end date of the agreement is hereby revised to December 31, 2024.
5. All other provisions of the Professional Building Division Services for Fiscal Year 2023 agreement between City and Vendor shall remain in full force and effect.
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Michael Codron
Title: Interim Community Development Director
Dated: ________________________________
Signed:
Name: Jorge E. Garcia
Title: City Manager
Dated: ________________________________
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
Bureau Veritas North America Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
(if changed from prior agreement)
______________________________________
______________________________________
Email address for official communications:
(if changed from prior agreement)
______________________________________
Vendor Representative:
(if changed from prior agreement)
Name/Title: ____________________________
Attachment: Scope/Cost Proposal Council Agenda 2-6-2024 9.H-5 Attachment 1.A
Packet Page 71
STATEMENT OF
QUALIFICATIONS
PLAN REVIEW, INSPECTION
& PERMIT TECHNICIAN SERVICES
BV BUILDING & INFRASTRUCTURE, FACILITIES DIVISION
ATTENTION:
Ian Livingston, CASp, CBO
Building Official
Community Development Department
City of Pismo Beach
P: 805-773-7070
E:[email protected]
CONTACT:
Joe Chao, PE
Regional Manager
Bureau Veritas
5905 Capistrano Ave., Suite F
Atascadero, CA 93422
P: 805.230.2888
E: [email protected]
Council Agenda 2-6-2024 9.H-6
Attachment 1.A
Packet Page 72
TABLE OF CONTENTS
1. Firm Introduction .........................................................................................................................02
2. Service Capabilities & Qualifications.............................................................................................03
3. Relevant Project Experience .........................................................................................................09
4. Contact List ..................................................................................................................................10
5. Fee Schedule ................................................................................................................................11 Council Agenda 2-6-2024 9.H-7
Attachment 1.A
Packet Page 73
1. FIRM INTRODUCTION
03 Firm Background
Founded in 1828, Bureau Veritas is a global leader in quality assurance, health, safety, and environmental (QHSE)
solutions. Recognized and accredited by the largest national and international organizations, and with over 75,000
employees, Bureau Veritas has unparalleled expertise and resources to manage projects requiring a broad range of expertise across vast geographies. With operations in 140 countries and all continents, Bureau Veritas draws on the synergies between its local teams and dedicated technical centers throughout the world.
Over the past number of years, Bureau Veritas has
undergone several company acquisitions in order to grow our offerings. These acquisitions benefit our existing and future clients by increasing the level of support we can provide; diversifying our service offering; and enabling our teams to work together to cross train, tap into subject matter experts, and successfully support innovative and complex projects throughout the Western United States. Our combined team is excited to work together to better serve the built environment and to work towards safe solutions to new technology, building procedures, and alternate
materials and methods.
What Sets Us Apart
We are ideally suited to provide plan review and inspection services because we possess:
Unparalleled Expertise
•Proven track record of providing services to 400+
agencies nationally
•Building and fire life safety consulting to 150+ agencies in California
•Municipal management and staff augmentation
expertise
•Key staff who have helped to establish and implement
the latest codes
Depth of Resources and Proximity to Meet Peak
Workloads
•50+ offices throughout the United States, including eight offices in California, with three in Southern California •Registered Engineers and ICC certified staff dedicated to code compliance
•No private sector design work = no conflict of interest Best Practices and State-of-the-Art Processes to
Consistently Meet Turnaround Schedules
•Comprehensive and formalized plan check procedures
•Award-winning, web-based project tracking and
controls
•Electronic plan check to save time, money, and paper = a GREEN solution
•99% success rate meeting review turnaround schedules
Putting the Right People to Work for You
We have extensive resources and a large pool of licensed and certified experts who are equipped to handle all of your needs. Our professionals have extensive experience in educational, residential, commercial, industrial, and other related projects of all sizes and complexities, allowing them to tailor solutions specifically to your needs.
Council Agenda 2-6-2024 9.H-8
Attachment 1.A
Packet Page 74
2. SERVICE CAPABILITIES & QUALIFICATIONS
04 Building Department Plan Review
As the largest plan review firm in the United States,
we provide full-service code consulting and plan review services for compliance with a variety of codes, including the California Building, Plumbing, Electrical, Mechanical, Fuel Gas, Energy Conservation, and Fire Codes, as well as the National Electric Codes as adopted by each jurisdiction.
We have specific experience working through a variety of challenges, including (but not limited to) infill commercial development; adaptive reuse and change of occupancies
of existing buildings; retrofit of un-reinforced masonry or soft-story buildings; large commercial shopping centers and mixed-use multi-family developments; live-work projects; and high tech, research, and development facilities.
BV personnel have performed and managed plan review for thousands of projects. Project types include high-rise hotels and office buildings; institutional occupancies (including jails, shipping facilities, and room additions); single-family tract and custom homes; tilt-up shells; tenant improvements; and infrastructure (roads, wet and dry utilities). Our staff has considerable review experience of virtually any structure requiring permits, plan reviews, and inspections. Our large, licensed plan review staff enables us to manage numerous and complex projects simultaneously, as well as provide discipline- specific plan reviews (e.g., structural, mechanical/plumbing, electrical, fire, access, street, drainage, map, civil infrastructure).
We offer the following plan review and inspection services:
•Architectural, fire & life safety
•Structural
•Energy code
•Accessibility requirements, including:
-Barrier free
-Disabled access
-CASp
-ADA
•Mechanical, electrical, and plumbing code
•Review and approval of alternative materials, design,
and methods of construction
•Civil plans examination, including:
-Grading and drainage
-NPDES/SWPPP
-Development
-Infrastructure
-Water and wastewater
-Sewer
•Green building and LEED consulting
Plan Review Time Schedule
At your request, BV can provide plan review activities on a fast-track basis. Turnaround times for each submittal will relate to the size and nature of the project and its impact on the construction schedule. To reduce turnaround times for plan review, we use electronic submittals, phased
submittals, conference calling, and videoconferencing.
BV has built long-term partnerships with agencies. We
understand that accuracy, efficiency, and integrity in all aspects of professional services are required. Testimony to our professional excellence is the fact that we have provided services to many of our municipal clients since their incorporation. Because of our large pool of accessible resources, we can assemble experienced personnel in order to help with project schedule recovery when necessary. Our team maintains efficient turnaround times on all reviews as a key measurement of performance of our plan review services.
BV will also accommodate preliminary reviews to facilitate fast-tracked, or accelerated, projects. This aids with timely turnaround and enhances public relations. If applicants include designs that do not conform to the prescriptive requirements of the codes, the jurisdiction’s designee
will have final approval over the plan being reviewed. If requested, our staff will make recommendations for the
resolution. We are also available to meet with agency staff or others as needed to discuss our findings.
Council Agenda 2-6-2024 9.H-9
Attachment 1.A
Packet Page 75
2. SERVICE CAPABILITIES & QUALIFICATIONS
05 Electronic Plan Reviewing
Bureau Veritas provides an alternative solution to traditional plan checking. By utilizing Blue Beam with electronic plan submittal and commenting, our plan reviewers can quickly and accurately review plans for compliance with applicable codes; this allows for economical movement of plans and quick turnaround, eliminating shipping time and costs. In this way, electronic plans with comments can be viewed
and discussed with tenant, designer, and plans examiner as needed to resolve issues quickly and efficiently.
As part of this process, plans are first submitted as PDF files via a secure and confidential FTP site in which the client also has access. Our staff then reviews these plans and places comments and redlines directly on the plans, corresponding to areas needing revisions. Next, redlined plans with
comments are forwarded to, or placed on, the secure FTP site for the designers, engineers, and architects. Plans can then be revised and resubmitted via the same method
described. Once all items are resolved, hard copy plans are sent to BV for approval stamps and signatures. Finally, these stamped and signed approved drawings are sent to the
jurisdiction for permitting.
Transmittal of Plans and Correction Lists
BV assumes responsibility for the pickup and return of plans.
All plans shall be picked up from the jurisdiction offices within 24 hours of notification. Should the volume of work be sufficient, we propose to establish regular pickup of plans on a consistent basis. We will also utilize shipping courier at no additional cost to the jurisdiction.
Upon completion of each plan review, we will forward a
copy of the correction list to both the jurisdiction and the applicant by mail. When corrected plans are resubmitted, we will either follow the previous procedure, or the applicant may schedule an office visit to go over any corrections in person. BV will forward completed plans once they are
stamped and signed by BV staff. Our transmittal forms are customized for use unique to the specific jurisdiction.
Council Agenda 2-6-2024 9.H-10
Attachment 1.A
Packet Page 76
2. SERVICE CAPABILITIES & QUALIFICATIONS
06 Building Inspection
At Bureau Veritas, we are client-focused and customize
the work according to your specific needs. We can provide inspection services for a single project that presents unique complexities due to its construction or size, or we can provide enough staff to handle all inspection services for an entire jurisdiction. Our building inspection services can be adjusted to provide a high level of coordination specifically suited to the design-build concept. Our inspectors are ICC certified and have extensive experience in the construction trades. Fast-tracked projects may be built into small phases based on incremental design and fabrication steps. In
such cases, our inspection team keeps daily logs to track corrections and plan review changes.
BV’s inspection teams also provide on-call building
inspection services to cover staff vacation time, peak
workloads, specialized inspection activities, and any other situations that may arise. These activities may include next- day inspections and same-day response to important or
urgent requests.
Bureau Veritas will provide the client with ICC certified personnel to provide the following services:
1.Read and study project specifications, plans, and
drawings to become familiar with project prior to
inspection, ensuring that structural or architectural
changes have been stamped as approved by
appropriate authority and recognizing the need for/
requiring of plan checks for electrical, plumbing, and
mechanical code requirements.
2.Perform and document inspections on construction
projects to determine that all aspects of the project,
such as foundations, building, electrical, plumbing, and mechanical systems, conform to the applicable building
codes, zoning ordinances, energy conservation, and
accessibility requirements, including known local, city, state, and federal requirements.
3.Review plans for building construction, plumbing, electrical, and mechanical details prior to making inspection.
4.Bring to the attention of the jurisdiction for approval of certain changes in building, plumbing, mechanical,
electrical, and related work consistent with code and
ordinance requirements.
5.Participate in reviews with fire, health, and other
government agency inspectors, as well as owners.
6.Maintain a record of non-complying items and follow up to resolution of such items.
7.Inspect existing buildings for substandard, unsafe
conditions, upon request.
Permit Technician Services
BV staff will work with the jurisdiction staff to seamlessly staff the public counter, issue counter permits, answer plan review or inspection questions, and assist the public with a high level of customer service. Our staff will be trained and proficient in the policies, procedures, and administrative and technical regulations of the jurisdiction. All staff members are familiar with various software systems and are able to answer questions pertaining to inspections, plan approvals, business license approvals, and certificates of occupancy.
Permit technician services may include:
•Interfacing with the public, internal staff, and related departments
•Review of permit applications for completeness
•Acceptance and routing of plans
•Calculation and/or fee collection
•Issuance of permits
•Review and issuance of counter permits, when authorized •Maintenance of permit records
•Use of jurisdiction permitting programs and/or software, where applicable
Council Agenda 2-6-2024 9.H-11
Attachment 1.A
Packet Page 77
2. SERVICE CAPABILITIES & QUALIFICATIONS
07 Building Department Administration
and Special Project Management
Our experienced BV building official staff will work with the jurisdiction’s management team to administer the building and safety or community development divisions. Our staff is familiar with the day-to-day building department operations, financial budget management, and political environment of a jurisdiction department. Our experienced building officials will participate in the project’s design review sessions and pre-plan check code compliance meetings with permit
applicants, as well as attend other required meetings for different types of large, special developments and other projects on behalf of the jurisdiction.
Fire Plan Review
Our staff will consult closely with the Fire Chief/Fire Marshal or this person’s designated representative on any areas which require code interpretation or where alternate methods
are being proposed and considered. Our proposed fire
plan review engineers have specific experience working
within multiple types of facilities to ensure compliance with applicable codes, standards, and amendments,
including CFC, CBC, the Adopted National Fire Protection Standards, the California Health & Safety Codes, CSFM,
and U.L. Our experience includes written comments and
verbal communication with applicants to better understand requirements and provide direction for compliance, as well as close communication with fire departments to clarify policies, code interpretations, plan review status, and procedures.
Bureau Veritas staff have reviewed hundreds of projects for fire safety components, including NFPA 13, NFPA 72, and NFPA 101, among others. Example projects in which our
reviewers have worked include The Village at Bella Terra in Huntington Beach, Lifetime Fitness in Roseville, and Sysco Food Services Expansion in Sutter County. All personnel assigned to your project will have the necessary materials, resources, and training available to conduct plan reviews, including copies of applicable local amendments, policies, procedures, and forms.
Fire Inspections
BV can place an experienced fire inspector for a single project or to augment existing staff to cover staff vacations and other leaves of absence. We can even provide all fire inspection on a daily basis. Systems and components we
inspect include (but are not limited to):
•Fire sprinklers, including systems beginning at property line, as directed
•Fire pumps
•Fire alarm systems
•Automatic suppression systems, including Halon,
FM200, and CO2
•Hoods
•Duct extinguishing systems
•Exits
•Emergency lighting
•Voice evacuation systems
•Fire permit inspections
Additionally, we can provide regular inspections of all aspects of the fire permit requirements, whether annually, biannually, triennially, every five years, or any other length of time as mandated by the adopted codes.
Engineering Plan Review Services
As a result of our extensive experience providing
development review and processing services to public
agencies, we are able to evaluate those qualities which are essential to providing effective review services.
Foremost among these are the following:
•A thorough command of the adopted design standards
for drainage and streets, as well as NPDES-enhanced
Clean Water Act requirements
•Clear, friendly, and articulate communication with the applicant
BV has developed a successful approach to providing
development review services to achieve these goals.
Council Agenda 2-6-2024 9.H-12
Attachment 1.A
Packet Page 78
2. SERVICE CAPABILITIES & QUALIFICATIONS
08 Plan Review Compliance Standards
As an initial step prior to beginning a review, our professional staff familiarize themselves with all city, state, and federal requirements applicable to the project. Requirements for civil infrastructure originate from multiple sources, including statutory requirements; local ordinances and design
guidelines; federal requirements, including ADA and NPDES; state requirements, including Title 24; and the requirements of any affected utilities, districts, or agencies.
Civil infrastructure and site plans are reviewed for
conformity to the following quality standards:
•Greenbook
•Geotechnical Report recommendations
•Conditions of Approval of the use permit or tentative map •Municipal Code and local ordinances
•Jurisdiction’s design guidelines and standard plans and specifications
•ADA and Title 24 accessibility standards
•NPDES C.3 requirements when applicable
•Environmental mitigation requirements
•Requirements of affected outside agencies and utility
districts
Our professional plan reviewers provide a comprehensive assessment of the conformity of submitted improvement
plans to these quality standards.
Improvement Plan Review Tasks
The following outlines our typical scope of services for the review plans:
•Check design for conformity to the approved tentative
map and conditions of approval
•Evaluate the layout for consistency with the final map •Review grading plans for consistency with the applicable drainage standards and grading ordinance
•Review for erosion and sediment control provisions
•Check Storm Water Pollution Prevention Plans and
RWQCB N.O.I.
•Review horizontal and vertical alignment of streets for conformity to the applicable street design standards
•Check pavement structural section against geotechnical recommendations
•Review storm and sanitary sewer systems and
hydrology/hydraulic calculations
•Review water distribution system for fire hydrant and
valve spacing
•Check streetlight spacing and location for potential
conflicts
•Review underground utilities for crossing clearances and conflicts
•Review for compliance with outside agency requirements •Review quantities, estimates, and schedules
Prompt turnaround of quality plan reviews is the hallmark of our service. Ideally, the review process involves no more than two plan submittals, perhaps three under extraordinary circumstances. To achieve this, it is important for the plan reviewer to see the “big picture” during the approval process and to expedite the review, while assuring adherence to all adopted standards and requirements.
Development Review & Entitlement
Processing
Accurate, Timely Civil Engineering Plan & Final Map Reviews Facilitating land development projects requires a strong public- private partnership. Project momentum must be balanced with engineering, water quality, traffic, public safety, and final map plans that comply with applicable codes, requirements, and design standards. The various parties need impartial counsel from Registered Engineers and Land Surveyors, as well as quick turnaround review comments in a seamless manner.
Development review and entitlement processing involves
working seamlessly with the public agency and developer in the preliminary planning stages to facilitate development agreements along with the review of civil engineering plans and maps for conformity with conditions of approval along with local and other applicable ordinances and standards. All work is performed under the direction of a Registered Civil Engineer or Land Surveyor. BV utilizes proven best practices, staff specialists, and comprehensive web-based tools to provide timely review, responsiveness, and accurate and detailed review comments.
Council Agenda 2-6-2024 9.H-13
Attachment 1.A
Packet Page 79
2. SERVICE CAPABILITIES & QUALIFICATIONS
09 Map Review
Final Maps and Parcel Maps
Review final maps and parcel maps for conformity to the requirements of the Subdivision Map Act, the Land Surveyors Act, the Municipal Code and ordinances, the approved
tentative map, and any conditions of approval which have been set by the Planning Commission.
Reversions to Acreage
Review reversions to acreage maps prepared pursuant to
§66499.11 of the Subdivision Map Act.
Lot Line Adjustments and Parcel Mergers
Review legal descriptions prepared to affect lot line
adjustments pursuant to §66412(d) and parcel mergers
pursuant to §66451.10 of the Subdivision Map Act.
Legal Descriptions and Plats
Review and/or prepare legal descriptions and plats for right- of-way takes and easements or for other purposes when
necessary.
Certificates of Correction
Review proposed map amendments and Certificates of
Correction prepared pursuant to §66469 of the Subdivision Map Act.
Flood/Floodplain Management
BV provides comprehensive inspection and review of
projects proposed within the designated floodplain. We
review plans for compliance with federal, state, and local adopted regulations and practices. Plan review will consider FIRM map designations; Flood Plain Elevation Certificate review; and any LOMA, LOMR, or CLOMRs appropriately
approved for the proposed project. Floodplain resistant construction will be plan checked and inspected in
accordance with adopted regulations and standards as well as any pertinent FEMA technical bulletins.
Council Agenda 2-6-2024 9.H-14
Attachment 1.A
Packet Page 80
3. RELEVANT PROJECT EXPERIENCE
010
City of Pismo Beach
Plan Review Services and Inspection Services
Since 2019, BV has been provided plan review and
inspections services for the City of Pismo Beach. Staff has reviewed commercial buildings, condominiums, office
buildings, medical offices, residential projects, tenant improvements of various complexities as well as buildings for assembly occupancies.
City of Malibu
Plan Review Services
In November 2018 , the Woolsey Fire ignited and burned
96,949 acres in Los Angeles and Ventura Counties, destroying 1,643 structures and prompting the evacuation of more
than 295,000 people. In January of 2019, Bureau Veritas was selected to provide fire-related permitting services for the City of Malibu toward rebuilding the structures destroyed in this treasured coastal city.
Review building construction, grading and drainage,
and development construction plans and documents for
compliance with required codes; plan check and inspection services for residential and commercial projects; onsite permit issuance services for Building, Mechanical, Electrical, Plumbing and Miscellaneous; strong collaboration with
City staff and the public to expedite rebuilding of destroyed structures.
City of Oxnard
Engineering Plan Review and Inspection Services
BV has provided engineering plan review and isnpection
services for multiple projects to the City’s jurisidiction. Plan review and inspecitons are completed in compliance with applicable codes, standards, local ordinances, and permit requirements as per thecurrently adopted California Building Codes (California Building Code, California Residential Code, CaliforniaElectrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California GreenBuilding Standards Code, Uniform Code for the
Abatement of Dangerous Buildings, International Property Maintenance Code, California Historical Building Code,
California Existing Buildings Code, California Reference Standards Code, California Fire Code), OSHPD 3 standards, and local ordinances.
City of Ventura
Plan Review and Inspection Services
BV provides plan review, contract inspection and Chief
Building Offical advisement for a wide range of projects for the City of Ventura. Staff has reviewed commercial buildings, condominiums, office buildings, medical offices, residential projects, tenant improvements of various complexities as well as buildings for assembly occupancies. BV provides a licensed engineer two days per week and has provided a
building inspection services.
City of Santa Barbara
Plan Review Services
Since 2015, BV has been providing plan review services to the City of Santa Barbara. An example project that BV has worked on with the City of Santa Barbara is:
Grace Village Senior Housing
The project consisted of demolishing an existing 11,200 SF church and auxiliary building to make way for Low Income Senior Apartments. The new building is three stories, spans 44,785 SF, and has 58 ADA accessible units. Disciplines reviewed include building, fire, mechanical, electrical, plumbing, energy, CALGreen, and accessibility.
County of Santa Barbara
Plan Review and Inspection Services
BV provides plan review and inspection services to the
County of Santa Barbara. Since 2017 we have provided full plan review as well as partial plan review to clients requiring a quick turnaround, or who may have complex projects, as well as building inspection services.
Council Agenda 2-6-2024 9.H-15
Attachment 1.A
Packet Page 81
4. CONTACT LIST
11 Gus Guerrero, P.E., PMP, LEED AP
Chief Operating Officer
220 Technology Drive, Suite 100
Irvine , CA 92618
P 818.406.1495
E [email protected]
Craig Baptista
Vice President - West
180 Promenade Circle, Suite 150
Sacramento, CA 95834
P 916.514.4516
E [email protected]
Tom Harris, S.E.
Building Plan Review & Inspection
ServicesLiaison
250 N. Westlake Blvd., Suite 150
Westlake Village, CA 91362
P 805.230.2888
Joe Chao, P.E.
Regional Manager
250 N. Westlake Blvd., Suite 150
Westlake Village, CA 91362
P 805.230.2888
E [email protected]
Trang Huynh, P.E., C.B.O.
Regional Manager
1940 E. Deere Street, Suite 210
Santa Ana, CA 92705
P 714.431.4100
E [email protected]
Moe Heivand, P.E.
Regional Manager
9988 Hilbert Street, Suite 100
San Diego, CA 92131
P 858.353.8058
E [email protected]
CALIFORNIA OFFICES
MANAGEMENT
Pasadena Office
600 N.Rosemead Blvd., Suite 205
Pasadena, CA 91107
P 626.325.9800
Santa Ana Office
1940 East Deere Avenue, Suite 210
Santa Ana, CA 92705
P 714.431.4100
San Diego Office
9988 Hibert Street, Suite 100
San Diego, CA 92131
P 858.863.2000
Los Angeles Metro Office
250 N. Westlake Blvd., Suite 150 West-
lake Village, CA 91362
P 805.230.2888 | 800.803.3622
Sacramento Office
180 Promenade Circle, Suite 150
Sacramento, CA 95834
P 916.725.4200 | 916.725.8242
San Ramon Office
440 Camino Ramon, Suite 155
San Ramon, CA 94583
P 800.803.3622
Atascadero Office
5905 Capistrano Avenue, Suite F
Atascadero, CA 93422
P 805.792.1109
Irvine Office
220 Technology Drive, Suite 100
Irvine, CA 92618
P 949.528.3099
Santa Rosa Office
111 Santa Rosa Ave, Suite 406
Santa Rosa, CA 95404
P 707.757.6090
Council Agenda 2-6-2024 9.H-16
Attachment 1.A
Packet Page 82
5. FEE SCHEDULE
12 Bureau Veritas’ pricing reflects our commitment to the success of your project by helping you maintain significant quality and cost saving benefits moving forward.
These include:
• Reduced plan review and inspection turnaround times
• Implementation of established electronic plan review processes • Commitment to maintain a proposed rate structure for the life of the initial contract period • Confidence of working with a well-established consultant in business for 190+ years
PLAN CHECK PERCENTAGE FEE
Percentage of Fees, Based on the City’s Collected Fees:
70% for valuation under 1,500,000
65% for valuation 1,500,000 and greater
HOURLY RATES
Personnel Classification/Title:Hourly Rate:
Civil Plan Review $165
Plan Review (non-structural)$130
Plan Review (structural)$150
CASp (plan review/inspection)$125 / $130
Building Inspector $90 - $115
Fire Inspector $110 - $135
Permit Technician $65 - $95
The proposed rates above are non-union/non-prevailing wages.All Employees classified as “non-exempt” by the U.S.
Department of Labor will be compensated at 1-1/2 times salary for overtime hours as per State and Federal wage and hour laws. No overtime will be charged without prior consent. Reimbursement for employee-owned vehicles used in connection with the work will be at the current IRS rate. Fees are subject to an annual increase in accordance with the CPI from Engineers News Record (ENR) and with the City of Pismo Beach’s approval.
PLAN REVIEW, INSPECTION
& PERMIT TECHNICIAN SERVICES
SCHEDULE OF FEES
Council Agenda 2-6-2024 9.H-17
Attachment 1.A
Packet Page 83
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.I
Meeting Date: February 6, 2024
TITLE:
Agreement with Matrix Consulting Group, Ltd., for Operational Review and Assessment of the Public Works Department
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Matrix Consulting Group, Ltd., in the amount of $58,000 for an Operational Review and Assessment of the Public Works Department, and Appropriating Related Budget Adjustments in Fiscal Year 2024.
DISCUSSION:
The City of Pismo Beach Public Works Department is comprised of three divisions:
Engineering, Utilities, and Public Facilities. Over the years, the department has been restructured and staffing has been adjusted to meet the needs of the community at those times. As the City prepares to potentially serve as the operating staff for Central Coast Blue, and to ensure the department meets the current and long-term needs of the City, staff proposes that an Operational Review and Assessment be completed.
The work product will include a current state assessment of the department, analysis and findings in work practices, policies, and procedures, service levels, customer service, operations, and use of technology. This analysis will provide the City with insights into opportunities for future improvement so that the department will be prepared to deliver the highest quality service, in alignment with City Goals.
A Request for Proposals (RFP) was released and qualified proposals were submitted to the City. After review and consideration, Matrix Consulting Group Ltd. (proposal provided as Attachment 1.A) was selected as the most qualified to meet the needs of the City.
Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with Matrix Consulting Group, Ltd., in the amount of $58,000 to complete an Operational Review and Assessment of the Public Works Department.
FISCAL IMPACT:
The fiscal impact of approving the attached Resolution is $58,000. Staff recommends that Council transfer $58,000 from the FY 2024 General Fund Next Level Service budget contract services account to the General Fund City Manager’s Office professional services account budget to support the cost of the agreement.
Council Agenda 2-6-2024 9.I-1
Packet Page 84
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Scope of Services
2. Proposed Matrix Consulting Group contract
Submitted by:
Jorge Garcia, City Manager
City Manager Approval:
Council Agenda 2-6-2024 9.I-2
Packet Page 85
RESOLUTION NO. R-2024-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 MATRIX CONSULTING GROUP LTD. IN THE AMOUNT OF $58,000 FOR AN OPERATIONAL REVIEW AND
ASSESSMENT OF THE PUBLIC WORKS DEPARTMENT, AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2024
WHEREAS, the City of Pismo Beach delivers critical services to the community through its Public Works Department; and
WHEREAS, in order to ensure that the department is structured to meet the current and future needs of the City, staff proposes that an operational review and assessment be conducted; and
WHEREAS, this project will include a current assessment of the department, analysis and finding in work practices, policies, procedure, and use of technology to ensure the highest level of service to the community; and
WHEREAS, an RFP for the assessment was advertised and the proposal from Matrix Consulting Services, Ltd. was evaluated and selected by a review panel.
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 Matrix Consulting Group, Ltd. in the amount of $58,000 for Operational Review and Assessment of the Public Works Department (scope provided as Exhibit A).
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby de-appropriates $58,000 from the General Fund Next Level Services budget and appropriates $58,000 in the General Fund City Manager’s Office professional services account budget to support this agreement in Fiscal Year 2024.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 6th day of February 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 2-6-2024 9.I-3
Attachment 1
Packet Page 86
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk
Council Agenda 2-6-2024 9.I-4
Attachment 1
Packet Page 87
Proposal to Conduct a Public Works Dept. Operational Review and Assessment Matrix Consulting Group 13
4 Statement of Understanding and Scope of Work
This section of our proposal includes an overview of our project understanding followed by a detailed task plan.
Project Understanding
The project will include an operational review and assessment of the City of Pismo Beach Public Works Department with the goal to further promote an environment of continuous improvement centered on core public works best management practices.
This assessment will include the operations, staffing, and organizational structure of the Department and its primary divisions of Engineering, Public Facilities, and Utilities.
Project Task Plan
The following task plan outlines our proposed project task plan to conduct an organizational review and assessment of the Public Works Department.
Task 1 Project Kickoff
In this task, the project team will hold a virtual project initiation and kickoff meeting with the City’s project steering committee and appropriate departmental and divisional personnel. During this kickoff, the City will share the study goals and desired scope of service objectives. The project team will review the proposed task plan and schedule. As a result of this project initiation, the project team will finalize the project schedule, data collection instrument, and updated project task plan (if necessary). Then we will begin scheduling initial staff interviews.
Task Deliverable – The project team will develop a kickoff meeting agenda and provide a project schedule, data collection list, and updated work plan (if necessary) to the City’s project coordinator(s) and schedule initial interviews with staff.
Task 2 Develop an Existing Condition Assessment
To evaluate the department operations, processes, and work practices, we need to develop an in-depth understanding of the key issues impacting and shaping service requirements both internally and externally. To develop this perspective, we will conduct interviews with staff, management and internal stakeholders who are involved in various activities of the department. These interviews will focus on understanding and documenting the following areas:
Council Agenda 2-6-2024 9.I-5
Attachment 1.A
Packet Page 88
Proposal to Conduct a Public Works Dept. Operational Review and Assessment Matrix Consulting Group 14
• Adequacy of service levels and gaps in existing levels of service. • Goals and objectives for the delivery of services for each division. • Document technical skill set, training, and certifications of staff. • Adequacy of management systems and technology and the extent to which managers utilize this information to make meaningful service decisions. • Outsourcing philosophy of the department, the services that are currently outsourced/contracted and additional candidates for alternative service delivery to meet peak workload demands.
• Identification of relevant workload for staff in each functional area. • Understand the current technology systems and utilization.
Next, we will develop a detailed description of the services provided the Department. Our focus will be on how services are delivered, staffed, and managed, as well as the costs associated with the delivery of those services. The development of this detailed description will be based on interviews as well as on the collection of operating information and data, including the following:
• The current organization of the Department.
• Documentation of all key operations:
–Service scope and content.
–How staff are scheduled and deployed.
–Workload data and base service levels.
–The extent of any contracted services by type, size, and cost. • Documentation of management systems to support divisional operations:
– Organizational business processes and procedures; and – Performance monitoring systems.
• Document current performance targets related to major services areas. • Document the current coordination mechanisms and procedures in place to coordinate service delivery among different departments and divisions.
Council Agenda 2-6-2024 9.I-6
Attachment 1.A
Packet Page 89
Proposal to Conduct a Public Works Dept. Operational Review and Assessment Matrix Consulting Group 15
Once initial data collection activities have been completed, the project team will prepare a document that presents our understanding of the current organization, staffing, and operations.
Task Deliverable – A current state assessment summarizing the current organizational structure, staffing levels, roles, workload, management systems and technology used by the department.
Task 3 Conduct an Operational Assessment
In this task, our project team will utilize a best management practices assessment to evaluate processes, policies, use of technology, management planning, and the general operations of the department. We will address these issues by employing several different approaches, such as those outlined below:
•Best Management Practice (BMP) Assessment: The best practice assessment will include the identification of areas where the Department currently meets the best practice and more importantly, the analysis will identify areas where current gaps and shortcomings exist and therefore present opportunities for improvement of existing operations. We have developed a comprehensive list of best practices from organizations including the American Public Works Association (APWA). The best practice assessment will begin to clearly identify operational issues and will provide the baseline information for the APWA Self-Assessment process.
The BMP assessment will include practices specific to each of the operational areas and divisions as well as departmental management practices related to purchasing and personnel.
• Evaluate the adequacy of major work practices. This analysis will include the review of departmental and divisional workload. Additional analysis will focus on the identification of opportunities to streamline internal processes and assignments as well as work practices to increase productivity and/or enhance their effectiveness. Also, we will identify the degree to which key projects or work tasks are not being accomplished due to lack of staff and assess the extent to which tasks could be absorbed through streamlining of work process, if at all.
Analysis will also focus on defining specific roles of various staff each division and updating corresponding job duties if needed. Process diagrams will be revised if significant process reengineering is recommended.
•Evaluate customer service including internal and external customers. The project team will analyze the level of service provided to both internal and external Council Agenda 2-6-2024 9.I-7
Attachment 1.A
Packet Page 90
Proposal to Conduct a Public Works Dept. Operational Review and Assessment Matrix Consulting Group 16
customers. The project team will address coordination between divisions for the various business processes and approach used for public outreach and education. •Evaluate current technology systems. This task will focus on understanding and assessing current technology systems utilized by the Department. The project team will evaluate the current software suites to evaluate how effectively all functionalities of the software have been implemented, degree to which GIS is implemented and utilized, how mobile and handheld devices are used in the field, and the degree to which current systems result in efficient information-sharing and elimination of duplicative input. We will also evaluate how proposed changes to the use of technology may impact efficiencies and operations and identify any current issues related to accessibility and training related to the use of technology.
In conjunction with earlier interviews and data collection, the project team will, at this juncture, be able to evaluate the operations of the Department as compared to industry best management practices.
Task Deliverable – A summary of the analysis and key findings in work practices, policies and procedures, service levels, customer service, operations, and use of technology in the Public Works Department.
Task 4 Conduct a Staffing and Organizational Assessment This task involves an evaluation of workload, staffing levels, management practices and the organizational structure. We will evaluate these areas by employing several different approaches, such as those outlined below:
•Evaluate staff resources. In this analysis, we will evaluate the existing and projected workload to identify the staffing resources needed to complete these work tasks in respect to desired service levels. This will include a review of both internal and contracted staffing resources.
This task will review any training programs in place and identify any gaps in skills sets of staff and staff training needs to improve department operations. Per the objectives outlined in the RFP, this will include identification of resource(s) and/or training needed for the APWA Self-Assessment process and possible accreditation.
The staffing assessment will also include a task to identify the staffing resources necessary should the City be the operator of Central Coast Blue, a major regional recycled water project that will include construction of an Advanced Water Council Agenda 2-6-2024 9.I-8
Attachment 1.A
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Proposal to Conduct a Public Works Dept. Operational Review and Assessment Matrix Consulting Group 17
Purification Facility to treat wastewater from Pismo Beach and the South San Luis Obispo County Sanitation District.
•Assess how the department is organized. The project team will evaluate the plan of organization for the department and each primary work group. We will utilize several principles in the evaluation of organizational structure including:
–Does the approach to organizing development foster accountability and are supervisor spans of control appropriate and consistent? –Does the current organizational structure provide adequate communication and coordination and enhance shared knowledge?
–Do the plans of organization enable staff to provide better public service? –Is there consistency among organizational structure, employee classification, and roles and responsibilities between divisions and departments?
The result of this analysis will be a proposed organizational structure highlighting any changes (if necessary) for the Public Works Department. •Evaluate management practices. The project team will evaluate how best practices are implemented and monitored, the extent to which managers are implementing effective asset management techniques, effective operational practices, identifying needed training for employees, and implementing, tracking, and reporting on performance measures.
At the conclusion of this task the project team will have evaluated the staffing, structure, and management of the Department.
Task Deliverable – A summary of the analysis and key findings in organizational structure, staffing allocation and resources, and management practices.
Task 5 Operational Review and Assessment Report
Once the work tasks noted above have been completed, our analysis, findings, and conclusions will be documented and reviewed with the project steering committee and City leadership. The draft and final reports will contain the following elements:
• An executive summary that includes the recommendations with implementation plans for each showing the priority, lead entity for recommendation implementation, timeframe, and any cost/savings.
Council Agenda 2-6-2024 9.I-9
Attachment 1.A
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Proposal to Conduct a Public Works Dept. Operational Review and Assessment Matrix Consulting Group 18
• Detailed analysis of the staffing and operations of the Public Works Department along with recommendations to improve the current approaches. Identification of improvement opportunities relating to philosophies and commitments of the department, staffing required given these commitments, and managerial and operational practices for improved service delivery.
Once the City has reviewed the draft final report and implementation timeframe and provided input, we would develop the final report. We will be available to make a presentation of our findings and recommendations to the City Manager and/or City Council.
Task Deliverable – The product of this task would be the draft and final reports including an implementation plan.
Task 6 Corporation Yard Master Plan (Optional Future Task) The RFP also included information regarding an optional future task to evaluate the condition of City facilities located at the Cooperation Yard, assess their ability to meet the needs of current services, anticipate growth and future needs, analyze gaps in delivering services and create an action plan to ensure the effectiveness in delivering services to the community for the next thirty years by including a ten-, twenty, and thirty-year needs assessments.
While a detailed scope is to be defined at a future date, we have included the appropriate team members to accomplish this task that is to include:
• Mapping and identifying existing uses of existing buildings, infrastructure and assets.
• Identifying necessary use of space and potential new buildings that may be required.
Depending on the exact scope, we also have several architectural firms we frequently partner with on space planning studies to develop the site plans, layouts, floor plans, and elevations.
No estimated hours or fees have been included in the proposal for this optional task.
Council Agenda 2-6-2024 9.I-10
Attachment 1.A
Packet Page 93
Proposal to Conduct a Public Works Dept. Operational Review and Assessment Matrix Consulting Group 19
5 Schedule
We have proposed a work plan that would complete the assessment over a 20-week time period. The following graphic outlines the proposed project schedule.
Week
Task 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
1. Project Kickoff
2. Existing Conditions
3. Operations
4. Staffing Assessment
5. Draft & Final Report
Deliverables associated with each task will be provided at the conclusion of the task.
Council Agenda 2-6-2024 9.I-11
Attachment 1.A
Packet Page 94
January 18, 2024
Jorge E. Garcia, City Manager
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
Dear Mr. Garcia:
The Matrix Consulting Group proposed to conduct an organizational review and assessment of the City of Pismo Beach’s Public Works Department for $58,000. The following table shows for each task the estimated hours required at each classification.
Task
Sr. Vice
President
Vice
President
Mgr./
Subcons.
Sr.
Consultant
Total
Hours
Total
Fee
Project Kickoff 1 4 2 2 9 $1,925
Existing Condition Assessment 2 8 32 32 74 $13,650
Operational Assessment 2 8 32 32 74 $13,650
Staffing Assessment 2 8 32 24 66 $12,450
Draft and Final Report 4 16 24 24 68 $13,300
Total Hours 11 44 122 114 291
Hourly Rate $325 $225 $200 $150
Total Professional Fees $3,575 $9,900 $24,400 $17,100 $54,975 Travel Expenses $3,025
Total Project Cost $58,000
We bill monthly for actual time and expenses incurred in providing services. If desired, we are amendable to a payment schedule based upon completion of each deliverable outlined in our task plan.
I can be reached at the address and phone number listed below, or via email at [email protected].
Richard Brady, President
Matrix Consulting Group, Ltd.
matrix
consulting group
Council Agenda 2-6-2024 9.I-12
Attachment 1.A
Packet Page 95
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 Matrix Consulting Group, Ltd. (“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:
Operational review and assessment of the Public Works Department 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 December 31, 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 fifty eight thousand dollars ($58,000.00), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.
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 Assistant City 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 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 such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.
XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
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 Council Agenda 2-6-2024 9.I-15
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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 of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.
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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.
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 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: Mike James
Title: Assistant City Manager
Dated: ________________________________
Signed:
Name: Jorge E. Garcia
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:
Matrix Consulting Group, Ltd.
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
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Council Agenda 2-6-2024 9.I-20
Attachment 2
Packet Page 103
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Council Agenda 2-6-2024 9.I-21
Attachment 2
Packet Page 104
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Council Agenda 2-6-2024 9.I-22
Attachment 2
Packet Page 105
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Exhibit A
Council Agenda 2-6-2024 9.I-23
Attachment 2
Packet Page 106
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Council Agenda 2-6-2024 9.I-24
Attachment 2
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Council Agenda 2-6-2024 9.I-25
Attachment 2
Packet Page 108
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Council Agenda 2-6-2024 9.I-26
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Council Agenda 2-6-2024 9.I-27
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Council Agenda 2-6-2024 9.I-28
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Council Agenda 2-6-2024 9.I-29
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Council Agenda 2-6-2024 9.I-30
Attachment 2
Packet Page 113
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: February 6, 2024
TITLE:
Risk Management Annual Report
RECOMMENDATION:
Receive the 2023 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 exposures 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, 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. 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, 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 focuses on identifying, evaluating, and addressing loss exposures through various mitigation and preventive services. The program’s areas of focus include addressing exposures related to Workers’ Compensation, General Liability, Property, Cyber, and Special Events.
Workers’ Compensation
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 and risk assessments and safety meetings Prompt reporting of all workplace injuries that includes documented investigations and root cause analysis
Quarterly City Safety Steering Committee Meetings to review injuries and safety training requirements and progress, and site safety inspections. Working with the California JPIA and Athens Administrators for claims administration and case management.
12.A-1Council Agenda 2-6-2024
Packet Page 114
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 Program
This program focuses on managing risk associated with city’s real and personal property, including buildings, automobiles, equipment, and related infrastructure in the city’s care.
Cyber Program
This program focuses on managing risk associated with Cyber Crime, Network Security, and Privacy Incidents.
Risk Assessment/LossCAP Program
With the goal of minimizing the City's risk exposure, CJPIA conducts regular Risk Assessments approximately every three years. This program both reviews and makes recommendations for corrections to:
City policies and programs
Contractual language and insurance requirements
Public Facilities including sidewalks, streets, parks, and buildings Training programs and procedures
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 exposures.
Reporting and Claims History
The City’s cost of coverage with the California JPIA is primarily based on the City’s Payroll and loss experience.
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 Report
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.
12.A-2Council Agenda 2-6-2024
Packet Page 115
1. Workers’ Compensation: The total number of workers’ compensation claims in the policy year 2022/2023 was 18, with 11 closed and 7 currently open and being managed with the assistance of Athens Administrators. The highest-frequency claim was strains and contusions, with an overall average severity of $26,000. The City’s cost of claims is lower than the pool average.
a. As a continued measure of commitment to public service, the City Council granted the City Manager authority to over hire up to three additional sworn peace officer positions to compensate for the vacancies created by several long-term claims.
The City has been successful in recruiting top talent to aid in police safety services to meet the needs of the community. Human Resources has been working with Athens Administrators to resolve long-term claims efficiently.
2. General Liability Program: The City had 15 total liability claims for the policy year. The claims incurred an average severity of $12,377, including what is reserved but not yet paid. City 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 consistent with the risk pool. The cost of claims for the Pismo Beach Police Department is 76% lower than the risk pool’s Police Departments overall.
FISCAL IMPACT:
There is no fiscal impact associated with receiving this report.
ATTACHMENTS:
None.
Submitted by:
Bianka Buchanan, Human Resources Officer
City Manager Approval:
12.A-3Council Agenda 2-6-2024
Packet Page 116
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
Meeting Date: February 6, 2024
TITLE:
Outside Users Agreement with Coastal Christian School for Fire Suppression Water
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute an Outside Users Agreement with Coastal Christian School for Fire Suppression Water.
DISCUSSION:
On November 16, 2021, the City Council considered and approved a request from Coastal Christian School (CCS) for the City of Pismo Beach to provide emergency fire suppression water to the school’s campus at 1005 North Oak Park Boulevard, which is outside the City’s limits. The City executed an Extra-Territorial Service and Offsite Infrastructure Agreement with CCS subject to approval of the proposal by the San Luis Obispo Local Agency Formation Commission (LAFCO), as the campus is located outside city limits but within its sphere of influence. Further background information is provided in staff’s November 16, 2021 report to Council, which is available in the Access Pismo public records portal at www.pismobeach.org/accesspismo.1
Current Water System and City Agreement
The current water system for the campus consists of five 5,000-gallon tanks which supply 25,000 gallons for fire suppression and a separate tank for domestic water use. To meet fire suppression requirements for Phase II of the campus development (shown in Figure 1), the fire system must be able to provide 1,500 gallons per minute (gpm) for two hours.
The onsite well can only provide a maximum of 70 gpm, which means the school’s current water system would require a 180,000-gallon reservoir for fire suppression storage.
However, on November 16, 2021, the City Council approved an Extra-Territorial Service and Offsite Infrastructure Agreement between CCS and the City of Pismo Beach (included in Attachment 2) to allow the school to utilize the City’s water system to fill the fire suppression reservoir should the reservoir’s water level fall below a set limit. With this configuration it was estimated that fire suppression needs could be achieved with two additional 5,000-gallon tanks, which would have considerable cost savings to the school.
The City’s water supply would be controlled by a float valve as shown in Figure 2, on the next page.
1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=362772&dbid=0&repo=Laserfiche Council Agenda 2-6-2024 12.B-1
Packet Page 117
Figure 1: Coastal Christian School Campus
Figure 2: Typical Float Valve
Further Analysis and Revised Proposal
After a further in-depth analysis of the proposed emergency water supply connection as well as coordination with CalFire and City staff, Coastal Christian School is now requesting a direct connection to City’s water system only for the Multipurpose Building fire sprinkler system. All domestic water and onsite fire hydrants would still be supplied by CCS’s onsite water system. This connection would provide CCS with the following benefits:
Reduced complexity of the fire water system
Council Agenda 2-6-2024 12.B-2
Packet Page 118
Reduced maintenance costs
Reduces the potential City supplied water from 903 gpm for four hours to 450 gpm for one hour
Provides CCS’s fire water system with enhanced reliability Eliminates the need for pumps in CCS’s fire suppression sprinkler system Staff brought the revised request to the City Council on July 18, 2023, for consideration.
The City Council directed staff to work with CCS to develop a revised Outside User Agreement to allow for a direct connection to the City’s water system that meets the following conditions:
CCS revise their plans to rely on the City’s water supply for only the fire sprinkler system
CCS to agree to pay water service fees in excess of the typical costs to cover the City’s additional administrative expenses for billing and infrastructure planning CCS to install a double detector check valve to prevent backflow and contamination of the City’s water supply/infrastructure CCS to hire a consultant to ensure that the emergency connection would not negatively impact:
o The City’s ability to provide domestic water to its residents and businesses o The City’s own fire suppression needs
The full staff report for the July 18, 2023 meeting can be found the Access Pismo public records portal at www.pismobeach.org/accesspismo2 .
Since that time staff has worked with CCS and their consultant team to revise the Outside Users Agreement (Attachment 1.A) which has been approved at a staff level by both parties.
Should the Council adopt the resolution, the next step would be to take the revised plan and agreement to LAFCO for their approval.
This item is being considered solely for institutional educational use and for emergency fire connection only. This item shall not set a precedent for any future use of the City’s potable water system at this site or any other service requests.
Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) approving the Outside User Agreement between the Coast Christian School and the City of Pismo Beach to provide fire suppression water with a direct connection to the city’s water system.
2 Ful URL: https://ch-laserfiche/laserfiche/DocView.aspx?db=Laserfiche&docid=482378 Council Agenda 2-6-2024 12.B-3
Packet Page 119
FISCAL IMPACT:
There is no direct fiscal impact associated with Council adopting the resolution. There will be a fiscal impact to provide the water service connection and water supply to Coastal Christian School, which the City will recover from CCS through additional service charges.
These charges will include maintenance of the water system and facilities, customer service, administration, and staffing, plus an additional cost to provide services outside of the City’s limits.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Outside Users Agreement
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
Council Agenda 2-6-2024 12.B-4
Packet Page 120
RESOLUTION NO. R-2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AN OUTSIDE
USERS AGREEMENT WITH COASTAL CHRISTIAN SCHOOL FOR FIRE
SUPPRESSION WATER
WHEREAS, Coastal Christian School (CCS) is located at 1005 North Oak Park Boulevard outside Pismo Beach city limits, but within its sphere of influence; and WHEREAS, on November 16, 2021, the City Council considered and approved a request from CCS for the City of Pismo Beach to provide emergency fire suppression water to the school’s campus; and
WHEREAS, after a further in-depth analysis of the proposed emergency water supply connection, Coastal Christian School is now requesting a direct connection to City’s water system only for the Multipurpose Building fire sprinkler system; and WHEREAS, on July 18, 2023 City Council directed staff to work with CCS to develop a revised Outside User Agreement to allow for a direct connection to the City’s water system that meets the following conditions:
CCS revise their plans to rely on the City’s water supply for only the fire sprinkler system
CCS to agree to pay water service fees in excess of the typical costs to cover the City’s additional administrative expenses for billing and infrastructure planning CCS to install a double detector check valve to prevent backflow and contamination of the City’s water supply/infrastructure CCS to hire a consultant to ensure that the emergency connection would not negatively impact:
o The City’s ability to provide domestic water to its residents and businesses o The City’s own fire suppression needs; and
WHEREAS, staff has worked with CCS and their consultant team to revise the Outside Users Agreement, which has been approved at a staff level by both parties.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute an Outside Users Agreement with Coastal Christian School for Fire Suppression Water (Exhibit A).
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 6th day of February 2024, by the following vote:
AYES:
NOES:
Council Agenda 2-6-2024 12.B-5
Attachment 1
Packet Page 121
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk
Council Agenda 2-6-2024 12.B-6
Attachment 1
Packet Page 122
Recording Requested by and:
When recorded return to:
City of Pismo Beach
760 Mattie Road
Pismo Beach, California 93449
For Recorder’s use only
EXTRA-TERRITORIAL SERVICE AND OFFSITE INFRASTRUCTURE
AGREEMENT BETWEEN COASTAL CHRISTIAN SCHOOL AND CITY OF
PISMO BEACH
THIS AGREEMENT is made and entered into effective the ______ day of , 2024, ("Effective Date") by and between the CITY OF PISMO BEACH, a California municipal corporation (hereinafter referred to as "CITY"), and COASTAL CHRISTIAN SCHOOL, (hereinafter referred to as "CCS").
RECITALS
WHEREAS, CCS intends to construct a new multi-purpose building including a gym, classrooms, and administrative functions, sports fields, and related parking. The proposed school site is located near the intersection of James Way and Oak Park Boulevard at 1005 North Oak Park Boulevard and is more specifically referred to as San Luis Obispo County Assessor's Parcel Number _079-261-012 (“Property”).
WHEREAS, Phase 0 of the proposed school serves predominately grades K – 6, the new multi-purpose building will include expanded classrooms for grades 7 – 12. The facilities are designed for up to six hundred (600) students and fifty (50) faculty/staff members; WHEREAS, CCS anticipates the multi-purpose building will be constructed and operational on the Property by the 2024/25 school year. The actual timing for construction will be subject to funding availability and other factors; WHEREAS, under an existing Extra-Territorial Service and Offsite Infrastructure Agreement between CCS and the City, sewer service is currently provided to the Property;
Council Agenda 2-6-2024 12.B-7
Attachment 1.A
Packet Page 123
WHEREAS, there is no municipal water service currently available to the Property, which relies on well water for domestic water supply;
WHEREAS, the Property is within CITY's sphere of influence, but is currently outside of CITY's limit boundary;
WHEREAS, CCS does not desire to annex the Property to CITY, and City does not desire to annex the Property to CITY at this time. CCS has filed an extension of water services application, for fire suppression only, with the San Luis Obispo Local Agency Formation Commission ("LAFCo") and obtained the necessary approvals; WHEREAS, LAFCo has reviewed CCS's request for an extension of CITY water services for fire suppression only to Property and has found that it would be appropriate to permit such an extension of services under Government Code Section 56133; WHEREAS, CITY has available water service for fire suppression which may be extended to the Property and is willing to provide water service to the Property so long as CCS installs all infrastructure needed to provide CITY fire suppression service to the Property, and CCS agrees to install said infrastructure in accordance with the provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto, agree as follows:
1. Location for Connection to CITY Municipal Water Main. CCS and CITY acknowledge the nearest CITY municipal water main to serve the Property is located at 921 Oak Park Boulevard #204 on APN 002-404-001. Connection to CITY's municipal water system by CCS shall be made at this location, or other location approved in writing by the City Engineer.
2. Location of Water Improvements for Fire Suppression to be Constructed at CCS's Expense. CCS shall design and construct, at its sole responsibility and expense, the following water improvements for fire suppression: double check assembly, UL-Listed fire service water meter with bypass meter, and approximately 1,050 linear feet of AWWA C900 PVC water main connected directly and exclusively to the fire sprinkler riser at the proposed Multipurpose Building on the Property (“Water Improvements”). All connections to the City’s water system shall be completed to the satisfaction of the City Engineer. The appropriate sizes of the Water Improvements will be determined by hydraulic calculations. It is anticipated that the water meter and double check assembly will not exceed 8-inch, while the water main will not exceed 12-inch in nominal diameter. The Water Improvements shall ensure that water from the CITY’s municipal water system shall only be taken for use on the Property for the initial fill of the fire sprinkler system, replenishing the system for code-required draining, flushing, or testing, or for discharging from one or more activated sprinklers in the event of a fire. The CITY’s municipal water system shall not be connected to any other CCS infrastructure at Council Agenda 2-6-2024 12.B-8
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any other location than what is approved in this agreement, including but not limited to domestic-use water supply lines, fire hydrants or hose bibbs on the Property. CCS acknowledges and agrees that any use of CITY water other than for the fire sprinkler system activities described above, or inadvertent discharge in the event of a below- or above-ground piping failure, will constitute a material breach of the Agreement, entitling CITY to immediately terminate the Agreement and terminate water service to the Property. CCS shall also permit CITY to install on the Property an antenna array and associated infrastructure to support CITY’s advanced metering infrastructure (AMI) system. The installation of such antenna array and associated equipment shall be at CITY’s sole expense. Notwithstanding the foregoing sentence, at such time as CITY adopts a requirement for AMI water meters to be installed within the CITY, CCS shall install, at CCS’s sole cost and expense, such AMI water meters as are directed by CITY to measure the water service provided under this Agreement.
3. Water Fire Suppression Facility Improvement Plans for Water Improvements.
Prior to installation of the Water Improvements, CCS shall submit engineered water improvement plans, prepared by a Registered Civil Engineer, to CITY, for review and approval by CITY. CITY approval, at CITY's sole discretion, shall be required before construction and operation of the Water Improvements by CCS.
4. Compliance with Alignments and Permits. CCS is solely responsible to ensure that construction of the Water Improvements shall follow an alignment acceptable to CITY. CCS shall obtain all necessary permits from CITY and any other applicable agencies to ensure the Water Improvements comply with CITY Public Works Standard Specifications and Drawings.
5. Easements Required for Water Improvements. CCS shall secure and, if necessary, pay for all easements required for the construction and installation of the Water Improvements. Any easements and deeds for the Water Improvements shall be recorded by CCS prior to approval of improvement plans for the Water Improvements.
6. Construction of Water Improvements. The Water Improvements shall be constructed in accordance with CITY’s Engineering Standard Specifications and Drawings, policies, conditions, and ordinances. All improvements and materials for the Water Improvements shall be done, performed, and installed in strict accordance with the approved construction plans for said work, on file with the Public Works Director/City Engineer for CITY. In the event there are not Engineering Standard Specifications and Drawings for any of the improvements or materials associated with the construction of the Water Improvements, it is agreed that the same shall be done, performed, and installed in accordance with the standards and specifications of the State of California, Department of Transportation (CalTrans). CCS agrees it will correct any and all deficiencies in the construction and installation of the Water Improvements identified by CITY's Public Works Director/City Engineer or Public Works Department.
7. Coordination of Work by CCS and Notice to CITY. It shall be the responsibility of CCS to coordinate all work done by its contractors and subcontractors, such as Council Agenda 2-6-2024 12.B-9
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scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of CITY be placed in the position of making decisions that are the responsibility of CCS. It shall further be the responsibility of CCS to give CITY's Public Works Director/City Engineer written notice not less than two (2) weeks in advance of the actual date on which work is to be started on the Water Improvements. All improvements associated with the Improvements must be inspected by CITY, and CCS shall request CITY inspections in accordance with CITY polices, conditions and ordinances. Failure on the part of CCS to notify CITY's Public Works Director/City Engineer of either the actual date on which work is to be started or to request CITY inspections may cause delay for which CCS shall be solely responsible.
8. Notice for CITY Inspections. Whenever CCS varies the period during which work is carried out each day, it shall give due notice to CITY's Public Works Department so that proper inspection by CITY may be provided. If CCS fails to duly notify CITY as herein required, any work done in the absence of CITY's inspector will be subject to rejection. The inspection of the improvements and materials associated with the Water Improvements shall not relieve CCS of any of its obligations to fulfill this Agreement as prescribed. Defective work shall be repaired or otherwise made good by CCS, and unsuitable materials may be rejected by CITY, notwithstanding the fact that such defective work and unsuitable materials may have been previously overlooked by CITY's inspector and accepted.
9. Inspection Fees and Permits. CCS shall pay all applicable inspection fees and obtain all necessary construction permits to ensure the Water Improvements comply with CITY's Public Works Standard Specifications and Drawings, conditions, policies and ordinances. The Water Improvements shall comply with CITY Engineering Standard Specifications, conditions, policies and ordinances related to providing water service, including but not limited to payment by CCS to CITY of all CITY water impact and water connection charges established in CITY's Fee Schedule. Said fees shall be paid by CCS to CITY at the time CITY approves engineered improvements plans for the Water Improvements submitted by CCS. CCS shall also reimburse CITY its reasonable costs of staff review of the Water Improvement plans, and legal review of associated documentation supporting this Agreement.
10. Maintenance of Water Improvements. CCS shall, at its sole cost and expense, maintain, repair and replace the Water Improvements. CCS's obligation to maintain, repair and replace the Water Improvements shall include, without limitation, any maintenance, repair, replacement, or modification of the Water Improvements that may be required by CITY. Should CCS fail to maintain, repair and replace the Water Improvements required by this paragraph, CITY shall have the right, but not the obligation, to maintain, repair and replace the Water Improvements. Should CITY elect to maintain, repair and replace the Water Improvements pursuant to this paragraph, CCS shall reimburse CITY and all fees, costs and expenses incurred by CITY to maintain, repair and replace the Water Improvements within ten (10) days after the date of invoice from CITY.
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11. Maintenance of Private Water Facilities. All Water facilities installed by CCS related to the Property not part of the Water Improvements, including the installation of Water facilities from the point of connection with the Water Improvements, including the connection itself, upstream to and including facilities in the Property site or within private streets, shall be private ("Private Water Facilities"). It is the sole responsibility of CCS to repair, maintain and replace all Private Water Facilities, and CITY shall have no responsibility or liability for these Private Water Facilities. CCS shall obtain all necessary permits or other approvals necessary for constructing and connecting CCS's Private Water Facilities to the Water Improvements.
12. CITY to Provide Water Services. Upon CCS's full and complete performance of all of CCS's obligations and responsibilities under this Agreement, CITY agrees to provide CCS's Property with water services from CITY's municipal water system for fire suppression purposes only, to the extent the CITY’s water system will allow under normal circumstances. As a result, the parties anticipate that in most months during the term of this Agreement, there shall be no water flow from the City’s water system to the Property. In the event CCS uses water from CITY’s municipal water system for purposes other than fire suppression or annual testing of fire suppression systems, CITY may, at its option, declare CCS to be in breach of this Agreement and terminate water service to the Property immediately without notice. CITY's obligation to provide CCS's Property with water services from CITY's municipal water system is conditioned upon CITY and CCS obtaining the consent of all applicable governmental agencies, including but not limited to LAFCo. As a condition to providing water service, to aid CITY in correctly billing CCS for water services, CITY shall have the right of access to all water meters, including any irrigation meter(s) located on the Property. CCS shall promptly repair or replace damaged water meters. In the event water meters are not present on the property, CCS agrees to install at CCS’s sole expense such meters as will enable CITY to accurately determine the amount of water being taken from the CITY’ water system for use on the Property.
13. Additional Provisions. The following provisions shall apply to this entire Agreement:
a. Continuing Obligations and Responsibilities of CCS. CCS agrees to promptly pay to City any and all fees for water service supplied by City to CCS's Property. All fees listed in CITY's Fee Schedule are regularly updated and amended from time to time by CITY's City Council. Notwithstanding any other section of this Agreement, the fees and rates set forth by the Fee Schedule, as currently in effect or as it may be amended, are incorporated herein and shall have precedence over any fees listed in this Agreement and attached exhibits, if any. CCS is responsible to pay the fees and rates as set forth by the Fee Schedule, which may include fees even if no water is used. CCS agrees to maintain its water service accounts with CITY in a current status.
b. CCS acknowledges that extraterritorial water service results in additional administrative expense to the CITY, both for billing and infrastructure planning purposes.
Therefore, CCS acknowledges that the fees and rates charged to CCS for water service Council Agenda 2-6-2024 12.B-11
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will be higher than those charged to a comparable facility within the City limits. Should CCS’s Property be annexed into the City under subsection d. below, the additional administrative fees and charges charged to CCS will be eliminated.
c. CCS acknowledges and agrees that should its water service account with CITY become sixty (60) days delinquent, City shall have the right, at CITY's sole option, to discontinue water service to CCS's Property and to terminate this Agreement. Otherwise, this Agreement shall remain in effect unless and until either party gives the other party a minimum of one year’s advance written notice of termination.
d. Consent to Future Annexation. In further consideration of CITY's agreement to provide water services from CITY’s water system to CCS's Property in accordance with the provisions of this Agreement, CCS agrees not to oppose or protest, in any way, the future annexation of CCS's Property to CITY and to pay CCS's share of all applicable fees and charges CITY, or any other governmental agency may require at the time of annexation of CCS's Property to CITY. CCS will sign a petition to annex the Property when asked by CITY.
14. Covenants Running with the Land. CCS acknowledges and agrees that all of CCS's covenants, agreements, promises, representations and warranties as set forth in this Agreement are covenants running with CCS's Property as defined in the applicable provisions of Civil Code Sections 1457 et seq. CCS's covenants, agreements, promises, representations and warranties as contained in this Agreement, shall run with CCS's Property and shall be binding on CCS and CCS's successors and assigns and all parties and persons claiming under them. Within thirty (30) days of execution by the last party to sign this Agreement, CCS agrees to record a copy of this Agreement as a covenant running with the land.
15. Successors and Assigns. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. CCS may not assign its rights and/or obligations under this Agreement without the prior written consent of City, which consent shall not be unreasonably withheld. Any such consent by CITY shall not, in any way, relieve CCS of its obligations and responsibilities under this Agreement.
16. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by email followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at three business days after the mailing thereof.
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17. Binding. Subject to Section 19, below, once this Agreement is signed by all patties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.
18. Compliance With Law. In providing the services required under this Agreement, CCS shall at all times comply with all applicable laws of the United States, the State of California, County of San Luis Obispo and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. CCS, not CITY, is responsible for determining applicability of and compliance with all local, State and federal laws. CITY makes no representations regarding the applicability of any such laws to this Agreement, the project, or the parties’ respective rights or obligations under this Agreement including, without limitation, payment of prevailing wages, competitive bidding, subcontractor listing, or other matters.
CITY shall not be liable or responsible, in law or equity, to any person for CCS's failure to comply with any such laws, whether CITY knew or should have known of the need for CCS to comply, or whether CITY failed to notify CCS of the need to comply. CCS is referred to CITY's Department of Public Works, to obtain the current prevailing wage rates, to the extent said rates are applicable to the construction of any of the improvements regarding the Water Improvements.
19. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement.
Waiver of anyone provision herein shall not be deemed to be a waiver of any other provision herein.
20. Indemnification of City: To the greatest extent allowed by law, CCS shall indemnify, hold harmless and defend CITY and each of its elected and appointed officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, CCS or any other person, and from any and all claims, demands, liabilities, damages and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of the performance or non-performance of this Agreement or the performance or non-performance of any or all work to be done in and upon the street rights-of-way, the Property, and premises adjacent thereto, pursuant to this Agreement, or arising or alleged to have arisen directly or indirectly in any way related to the construction, installation and operation of the Water Improvements by anyone occupying any portion of CCS's property, including, without limitation, any such claims, causes of action, damages, liabilities, fees, costs, expenses and attorney fees arising from water quality compliance, or lack of flow capacity, pressure or functional operation in the Water Improvements or the CITY’s water system. CCS's obligations under the preceding sentence shall apply regardless of Council Agenda 2-6-2024 12.B-13
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whether CCS or any of its officers, officials, boards, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY or any of its elected or appointed officers, officials, employees, agents or volunteers.
21. If CCS should subcontract all or any portion of the work to be performed under this Agreement, CCS shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its elected and appointed officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. Notwithstanding the preceding sentence, any subcontractor who is a "design professional," as defined in Section 2782.8 of the California Civil Code, shall, in lieu of indemnity requirements set forth in the preceding paragraph, be required to indemnify, hold harmless and defend CITY and each of its elected and appointed officers, officials, employees, agency and volunteers, to the furthest extent allowed by law, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
CCS further agrees that the use for any purpose and by any person of any and all of the Water Improvements, and other water improvements specified in this Agreement, shall be at the sole and exclusive risk of CCS at all times prior to final acceptance by CITY of the completed improvements described herein. This section shall survive termination or expiration of this Agreement.
22. Public Health, Safety and Welfare. Nothing contained in this Agreement shall limit CITY's authority to exercise its police powers, governmental authority or take other appropriate actions to address threats to public health, safety and welfare, including temporarily suspending water services as deemed appropriate by CITY in its sole determination and discretion. Should the improvements described in this agreement contaminate or otherwise interfere with the CITY’s operation of the CITY’s water system, CCS at its sole expense shall remediate said contamination or operational deficiencies to the satisfaction of the City Engineer.
23. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be San Luis Obispo County, California.
24. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.
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25. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of anyone provision in this Agreement shall not affect the other provisions.
26.Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
27. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
28. Exhibits. Each exhibit and attachment referenced in this Agreement is, by reference, incorporated into and made a part of this Agreement.
29. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.
30. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
31. No Third-Party Beneficiaries. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
32. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral.
This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CCS. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CCS.
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IN WITNESS WHEREOF, CCS and CITY have entered into this Agreement as of the date(s) indicated above, notwithstanding a date of execution differing from that set forth above.
Coastal Christian School
___________________________
Dated:______________________
Notice address: 1005 N. Oak Park Boulevard
Pismo Beach, CA 93449
City of Pismo Beach
By:_______________________
City Manager
Dated:_____________________
Notice address: 760 Mattie Road
Pismo Beach, CA 93449
Attest:
By:_______________________
City Clerk
Dated:_____________________
Approved as to form:
By:_______________________
City Attorney
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