Agenda packet — Pismo Beach City Council, July 16, 2024

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AGENDA
Pismo Beach City Council
Tuesday, July 16, 2024
Time Meeting Type Physical Location Virtual Viewing Option 5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual viewing is offered via Zoom.
2 Broadcast meeting also available for viewing 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 options. 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 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.

Listen via telephone:
• Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.

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

Submit voicemail comment:
• 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:
• In the event a Council Member participates in this meeting by teleconference under the provisions of Government Code Section 54953(f), public comment will be accepted via Zoom, including by telephone audio, as required by law. However, the timing of a request by a Council Member to participate remotely may not allow sufficient time to post an agenda containing information on how the public may participate via Zoom or telephone. In such instances, the City Clerk or another staff member will orally provide such information at the meeting.
• Meetings may begin a few minutes after the scheduled start time. • Meetings will be recorded, except closed sessions; these recordings are public record. • Phone numbers of call-in attendees may be visible to other meeting attendees, 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.

Pismo Beach City Council Agenda July 16, 2024

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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
Item 4.A: Presentation: Introduction of New Employees

• Juan Garcia-Amezquita, Maintenance Worker PT (Fine)
• Richard Jones, Maintenance Worker PT (Fine)
• Michael O’Marr, Maintenance Worker PT (Fine)
• Nathan Stong, Senior Engineer (Fine)

• Patricia Gonzalez, VIC Host (Jackson)
• Jennifer Rokes, VIC Host (Jackson)

• Ezra Erler, Lifeguard (Lee)
• Kellen Ernst, Lifeguard (Lee)
• Jake Henderson, Lifeguard (Lee)
• Christian Heppner, Lifeguard (Lee)
• Kate Lima, Lifeguard (Lee)
• Andrew Lopez, Lifeguard (Lee)
• Dominic Mancuso, Lifeguard (Lee)

• Boaz Dedek, Parking Enforcement (Smith)
• Hunter Jones, Parking Enforcement (Smith)

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.

Pismo Beach City Council Agenda July 16, 2024

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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)

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

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

Recommendation:

Adopt Minutes of the June 18, 2024 Regular Joint Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for June 16, 2024 and June 30, 2024;

2. Approve the Register of Demands for May 31, 2024, June 7, 2024, June 14, 2024, June 21, 2024, June 28, 2024 and July 3, 2024.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for May 2024 of Fiscal Year 2024 (Feeser)

Recommendation:

No action recommended; for information only.

Item 9.D: Update on January 9, 2023 and January 12, 2017 Emergency Proclamations (Inderlied)

Recommendation:

No action recommended; for information only.

Item 9.E: Paid Parking Quarterly Update—Fourth Quarter of Fiscal Year 2024 (Graham)

Recommendation:

No action recommended, for information only.

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Item 9.F: Purchase of a Dulevo D3 Sweeper Vehicle (Fine)

Recommendation:

Adopt a Resolution authorizing the purchase of a Dulevo D3 Sweeper vehicle from Nixon-Egli Equipment Company in the amount of $245,424.13, and making related budget adjustments.

Item 9.G: Acceptance of Funding Award from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program (Smith)

Recommendation:

Adopt a Resolution accepting grant funds in the amount of $119,319.28 from the California Highway Patrol through the Cannabis Tax Fund Grant Program, and appropriating $119,319.28 in grant revenues and $119,319.28 in various expenditures in the General Fund Police Department budget in Fiscal Year 2025.

Item 9.H: Amendment #3 to the Agreement with Bureau Veritas North America Inc. for Building Division Services (Graham)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #3 to the agreement with Bureau Veritas North America Inc. in the amount of $70,000 in Fiscal Year 2025 for professional Building Division services.

Item 9.I: Agreement with Earth Systems Pacific for Special Inspection and Materials Testing Services Related to the Public Safety Facility (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Earth Systems Pacific in the amount of $276,430 for Special Inspection and Materials Testing Services for the Public Safety Facility project, and appropriating related budget adjustments in Fiscal Year 2025.

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: Review of Information Technology (IT) Project Updates (Feeser)

Recommendation:

No action required; information only.

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Item 12.B: Introduction (First Reading) of an Ordinance Effecting a Code Enforcement Penalty Update (Fleishman)

Recommendation:

Introduce an Ordinance amending Chapter 9.04 and Chapter 12.20 relating to penalties for certain Municipal Code violations.

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
Regular Meeting 5:30 p.m. Tuesday, August 6, 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 July 16, 2024 meeting(s) of the Pismo Beach City Council was posted on July 11, 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.

Pismo Beach City Council Agenda July 16, 2024

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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).

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: July 16, 2024
TITLE:

Adoption of Meeting Minutes
RECOMMENDATION:

Adopt Minutes of the June 18, 2024 Regular Joint 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 June 18, 2024 Regular Joint Meeting Submitted by:

Erica Inderlied, City Clerk
City Manager Approval:

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DRAFT MINUTES
Pismo Beach City Council
Pismo Beach Public Financing Agency Board of Directors
Tuesday, June 18, 2024
Regular Joint 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 and the Board of Directors of the Pismo Beach Public Financing Agency met this date in a regular joint session with Mayor/Chair Waage presiding.

CALL TO ORDER: 5:30 p.m.

1.ROLL CALL:

City Council:

Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Guthrie, Inman, Newton
Public Financing Agency Board of Directors:

Chair: Waage
Vice-Chair: Reiss
Board Members: Guthrie, Inman, Newton
Staff Present:

Vanessa Garris, Finance Manager
Scot Graham, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager
Paul Lee, Battalion Chief
Chelsea O’Sullivan, Assistant City Attorney
Jeff Smith, Chief of Police
Other staff present as noted below

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

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

4.PRESENTATIONS
Item 4.A: Proclamation: Parks Make Life Better! Month 2024 (Jackson) Presented to Colleen Cashmore-Ghiglia, Recreation Manager, and Ron Rodriguez, Parks, Recreation and Beautification Commission Chair.

5.PUBLIC COMMENT PERIOD
Call for public comment: No comment.

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

7.CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
Assistant City Attorney O’Sullivan reported that the Council had taken no reportable action during its 3:00 p.m. Closed Session on June 10, 2024.

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

Council Member Newton:

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

San Luis Obispo County Air Pollution Control District (APCD) Board.

Mayor Waage:

Friends of Price House Board.

San Luis Obispo County Community Fire Safe Council.

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

Action: Adopt Consent Calendar.

Motion: Guthrie
Second: Inman
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Vote: The motion passed on the following vote (Items 9.A through 9.C; Item 9.E):

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

Absent: 0
Abstain: 0
Recused: 0
(Item 9.D):

Ayes: 4 Guthrie, Inman, Reiss, Waage
Noes: 1 Newton

Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:

1.Adopt Minutes of the June 4, 2024 Regular Meeting;

2.Adopt Minutes of the June 10, 2024 Closed Session.

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

1.Approve the Summary of Payroll Register for June 2, 2024;

2.Approve the Register of Demands for May 17, 2024 and May 24, 2024.

Item 9.C: San Luis Obispo County Regional Special Weapons and Tactics (SWAT) Team Memorandum of Understanding (Smith)
Recommendation:

Adopt a Resolution authorizing the Chief of Police to enter into an updated Memorandum of Understanding for the City’s participation in the San Luis Obispo County Regional Special Weapons and Tactics Team.

Legislative Record: Resolution R-2024-043 adopted.

Item 9.D: Adoption (Second Reading) of an Ordinance Extending and Modifying A Sales And Use Tax (Garcia)
Recommendation:

Adopt an Ordinance amending Title 3, Chapter 3.22, of the Pismo Beach Municipal Code extending and modifying a transactions and use tax to be administered by the California Department of Tax and Fee Administration.

Legislative Record: Ordinance O-2024-XXX adopted; pending voter approval.

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Item 9.E: Amendment 1 to the Central Coast Blue Regional Recycled Water Authority Joint Exercise of Powers Agreement (Garcia) Recommendation:

1.Adopt a Resolution of the City Council authorizing the City Manager to Execute Amendment 1 to the Joint Exercise of Powers Agreement creating the Central Coast Blue Regional Recycled Water Authority and approving related budget
adjustments;

2.Adopt a Resolution of the Public Financing Agency Board of Directors approving admittance as a member agency into of the Joint Exercise of Powers Agreement creating the Central Coast Blue Regional Recycled Water Authority.

Legislative Record: Resolution R-2024-044 adopted.

Legislative Record: Resolution PFA2-R-2024-002 adopted.

12.BUSINESS ITEMS
This item was reordered.

Item 12.A: Clamming Education and Outreach Process (James) Recommendation:

Receive a report on the City’s clamming education and outreach process and provide direction to staff as to which alternative(s) should be implemented.

Presenting staff:

Jorge Garcia, City Manager
Mike James, Assistant City Manager
Supplemental material submitted into the record.

Call for public comment: No comment.

Action: Consensus to direct staff to proceed with implementing the following, to the greatest extent feasible:
•Increased and improved signage, including:
o Spanish translation
o Placement at major beach access points including Main Street, Pomeroy Avenue, Addie Street, and both on and underneath the Pier o Sandwich-board signs, to be placed by Lifeguards each morning o Visual indicators depicting the size of 4.5 inches
•Messaging regarding:

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o The relative scarcity of the adult clam population
o The magnitude of fines for violations
o Where to obtain size gauges
o How to rebury juvenile clams
o How much a fine will cost
o Consider selling gauges at the CVB trailer.
•Social media outreach
•Clam Chronicle outreach
•Website resources containing clamming rules and graphical print-outs •Inclusion of City clam mascots in outreach materials
•4.5-inch measuring devices to be given or sold at locations near the Pier •Partnership with California State Parks
•Partnership with hotels and Chamber of Commerce
•Face-to-face outreach by Lifeguards, Police patrols, and Public Works staff
In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

11.PUBLIC HEARINGS
Item 11.A: Protest Hearing for Declaration of Properties as Non-Compliant for Weed and Rubbish Abatement (Lee)
Recommendation:

Conduct a public hearing to hear protests from property owners whose properties have been identified as non-compliant for weed abatement.

Presenting staff:

Jorge Garcia, City Manager
Paul Lee, Battalion Chief
Public Hearing / Call for public comment:

Bernard Ringer-Britz commented.

The public hearing was closed.

Action: No action.

12.BUSINESS ITEMS
Item 12.A: Clamming Education and Outreach Process (James) Council Agenda 7-16-2024 9.A-6
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This item was reordered and heard prior to Item 11.A.

Item 12.B: 2023 Northern Cities Management Area (NCMA) Annual Report (Fine) Recommendation:

No action recommended; for information only.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, City Manager
Supplemental material submitted into the record.

Call for public comment: No comment.

Action: Consensus to direct staff to formulate a letter of concern from the City, addressed to Nipomo CSD, regarding the permitting of projects such as the Dana Reserve without first delivering baseline water allocation, or delivering water in excess of the baseline allocation to support the development; and to invite the cities of Arroyo Grande and Grover Beach to be signatories to the letter.

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

Absent: 0
Abstain: 0
Recused: 0

13.CITY COUNCIL COMMENTS AND REQUESTS
Consensus to direct staff to return with an agenda item allowing the City Council to give direction on the potential closure of the northern end of Ridge Road at the City limit line.

Consensus to direct staff to schedule a special meeting of the City Council to interview applicants for the vacant Parking Advisory Committee seat.

14.ADJOURNMENT
At 6:48 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
Meeting Date: July 16, 2024
TITLE:

Payroll Register and Register of Demands
RECOMMENDATION:

1. Approve the Summary of Payroll Register for June 16, 2024 and June 30, 2024;

2. Approve the Register of Demands for May 31, 2024, June 7, 2024, June 14, 2024, June 21, 2024, June 28, 2024 and July 3, 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:

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FOR PERIOD ENDING 06/16/24
CHECKS DATED 06/21/24

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557096-557101 7
ACH 135

EARNINGS
REGULAR 393,394.80
HOLIDAY 5,088.86
OVERTIME (Includes Comp Time Payouts)20,310.13
Administration
Building
Conference & Visitors Bureau 117.05
Police Department 12,701.62
Parking
Engineering
Fire 1,411.87
Recreation
Public Works 1,782.51
Water 1,364.49
Wastewater 2,932.59
Motor Vehicles
Subtotal-Overtime 20,310.13$
SALARY ADJUSTMENTS 118.11
TRAINING / UNIFORM ALLOWANCE 5.25
OTHER EARNINGS 12,834.80
$431,751.95

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 38,137.60
FICA & MEDICARE 33,547.25
STATE INCOME TAX 14,704.48
STATE DISABILITY INSURANCE 4,632.88
GARNISHMENTS 537.69
HEALTH 4,238.68
SUPPLEMENTAL DISABILITY 1,509.21
SECTION 125 2,176.56
PERS 36,194.77
DEFERRED COMPENSATION 14,816.11
ADDITIONAL LIFE INSURANCE 327.80
UNION DUES 2,256.68
PISMO ATHLETIC CLUB 515.00
OTHER
NET PAYROLL $278,157.24
DIRECT DEPOSIT DEDUCTION 272,643.31
NET PAYROLL AFTER ACH DEPOSIT 5,513.93

SUMMARY PAYROLL REGISTER
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FOR PERIOD ENDING 06/30/24
CHECKS DATED 07/05/24

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557109-557114 6
ACH 143

EARNINGS
REGULAR 411,502.09
HOLIDAY 5,103.75
OVERTIME (Includes Comp Time Payouts)21,824.99
Administration
Building
Conference & Visitors Bureau
Police Department 13,072.02
Parking
Engineering
Fire 5,342.63
Recreation
Public Works 220.72
Water 2,090.46
Wastewater 1,099.16
Motor Vehicles
Subtotal-Overtime 21,824.99$
SALARY ADJUSTMENTS (112.50)
TRAINING / UNIFORM ALLOWANCE 120.00
OTHER EARNINGS 15,936.08
$454,374.41

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 42,417.03
FICA & MEDICARE 35,309.65
STATE INCOME TAX 16,233.50
STATE DISABILITY INSURANCE 4,876.13
GARNISHMENTS 537.69
HEALTH 4,107.09
SUPPLEMENTAL DISABILITY 1,509.21
SECTION 125 1,849.56
PERS 36,659.17
DEFERRED COMPENSATION 14,666.11
ADDITIONAL LIFE INSURANCE 321.50
UNION DUES 2,258.88
PISMO ATHLETIC CLUB 515.00
OTHER 1,000.00
NET PAYROLL $292,113.89
DIRECT DEPOSIT DEDUCTION 284,093.29
NET PAYROLL AFTER ACH DEPOSIT 8,020.60

SUMMARY PAYROLL REGISTER
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City of Pismo Beach
Final Disbursement List Check Date 05/31/2024
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 12944 Leaf 1,231.19$ Monthly Copier Lease ‐ May 2024 ACH 10371 Visit SLO County 144,872.19 TMD Payments Mar 2024 ACH 14257 Igoe Administrative Services 4,839.52 IGOE FSA & DDS Reimbursement ‐ May 2024 129864 11882 Alexander's Contract Services Inc 3,256.27 Water Meter Reading Services May 2024 129865 11382 Applied Technology Group, Inc. 31,391.92 City Hall and EOC Radio Improvements 129866 11589 Austin's Wet Pets and Pond
Maintenance, Inc
140.00 Pond Maintenance ‐ Chapman Estate ‐ April 2024
129867 11852 Bill Gaines Audio Inc 1,234.00 Audio ‐ Concerts in the Park 06/09/24 129868 14402 Carol A. Burner 933.33 900 Bello Lease ‐ June 2024 129869 14741 Epic Entertainment, Inc.1,000.00 DJ Services ‐ July 4th 129870 14840 Sean Flavin 2,500.00 Release Landscape Bond ‐ 950 Tulare St. 129871 14798 GrassrootsLab, LLC 5,000.00 Community Outreach April 2024 129872 11706 Shirley Horacek 300.00 Instructor: Watercolor 5/22/2024 #11513 129873 10474 Joseph Wolosz 6,500.00 Wolosz Parking Lot Lease ‐ June 2024 129874 14401 Barbara L. Maraist 933.34 900 Bello Lease ‐ June 2024 129875 14674 McGrath Rentcorp 4,269.53 3 Temporary Trailers 330 Main St. ‐ Lease 5/4/24‐ 6/2/24
129876 14427 Rubio Medina 3,884.90 Architectural Design Services: Police Annex ‐ Apr 2024 129877 14042 Merjan Enterprises, Inc.27,000.00 Preventative Maintenance Service 4/14/24‐4/14/25 129878 14343 ODP Business Solutions, LLC 96.91 Office Supplies 129879 10673 Pismo Beach Volleyball Club 5,040.00 Instructor: Pismo Beach Volleyball Club 5/7 ‐ 5/30/2024 #11411
129880 14403 Betty J. Pratt 933.33 900 Bello Lease ‐ June 2024 129881 10452 Richard Rolson 700.00 Mobile Stage Rental: Concert In The Park 6/9/24 129882 14557 Securitas Technology Corporation 2,129.61 Maintenance, Security, & Fire Monitoring 129883 13913 Silvas Oil Co., Inc 7,330.34 Diesel & Unleaded Fuel Deliveries 5/16/24 129884 12630 SWCA Environmental Consultants 1,198.75 Wadsworth Ave and Bello St Waterline ‐ Apr 2024 129885 13392 Urban Planning Concepts 16,320.00 In‐house Planning Services ‐ April 2024 129886 10370 Visit SLO CAL 10,276.20 Visit SLO CAL IPW ‐Booth & Related Expenses 2024 129887 13548 Jodi Weimer 256.00 M&IE: SLI 6/5‐6/8/24 (Week 6) Total:283,567.33$
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ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 14547 Quadient, Inc ‐ Postage 2,000.00 Postage
129890 10434 Abalone Coast Analytical Inc 663.00 Water Analysis 129891 UB*01101 DOMINIC SCHIRO ALANA SCHREIBER (T)132.84 Refund Check 019188‐000, 314  PLACENTIA 129892 12433 Alpha Electrical Service Inc 1,711.50 Service Call: Vista Del Mar Lift Station Troubleshooting & Wire Removal From Generator Building
129893 UB*01097 SHELBI ANGELO (T)18.24 Refund Check 018671‐000, 507  SAN LUIS 129894 12362 Applied Industrial Technologies 463.39 WWTP Supplies 129895 11096 Arroyo Grande Chevrolet 352.60 Vehicle Maintenance 129896 14514 BEK Collective Inc 2,631.75 James Way Beautification Design ‐ Apr 2024 129897 14841 Brand Creative 2,923.85 Neighborhood Events Supplies 129898 14229 Brendler Janitorial Service 16,152.00 Janitorial Service ‐ April 2024 129899 11392 Brenntag Pacific Inc.1,910.96 Sodium Bisulfite 129900 13591 Ryan Bullock 256.00 M&IE: AWWA Conference 2024 6/10‐6/13/24 129901 10074 Burdine Printing 1,891.81 Postcard Mailers & Water Violation Notice & Postage 129902 13852 California Diesel & RV LLC 2,193.49 Vehicle Maintenance 129903 12610 CalPortland Construction 364,342.86 Paving Project ‐ Mar 2024 129904 10085 Cannon Corp 1,330.25 Clarifier Bid Support ‐ April 2024 129905 10269 Carquest Auto Parts 9.37 Vehicle Maintenance 129906 14415 CLAD Consulting, Inc.40,932.50 On Call Engineering Services & Palisades and Chumash CM & Parking Annex CM & Parking Annex Bid Alt ‐ Apr
2024
129907 14146 Pamela Ann Coslick 112.00 Instructor: Tae Kwon Do 5/1‐5/29/24 #11465 129908 14303 County of San Luis Obispo 3,783.85 Annual Fee: Injection Well ‐ Test Well Site & Outfall Connection
129909 12516 County of San Luis Obispo Health Agency 10,412.50 Animal Shelter Services Q4 FY 23‐24 129910 UB*01100 NEIL CREWS 12.22 Refund Check 006944‐000, 736  VISTA PACIFICA 129911 14202 Crisp Imaging 1,808.92 Large Format Printing & Printer Maintenance Cartridge & Poster Printer Cyan Ink Cartridge & Print Safety Facility Plan Set
129912 12628 Dell Marketing LP 4,289.53 Computer Supplies & Accessories 129913 14217 Deltina Coffee Roasters 187.50 Coffee
129914 11794 Dimes Media Corporation 200.00 Advertising 129915 11289 eGenoa, LLC 456.75 Concert Banner
129916 14325 Engeo Incorporated 7,942.91 Cliff/Ocean Storm Drain Design ‐ Apr 2024 129917 14638 F&H Construction 323,692.01 Public Safety Center ‐ Apr 2024 129918 14845 Lauren Fessenden 250.00 Deposit Refund: Park Rental 5/26/24 129919 13669 Frontal Security Services of California 175.00 Security Guard: PBVH Rental 5/26/24 129920 10398 Liliana Graham 438.40 Instructor: Ballroom/Latin Dance Class 5/6‐5/27/24 #11462
129921 13083 Anne Grannis 420.00 Instructor: Back to Sewing 5 Classes 4/25‐5/30/24 #11506
129922 12952 GSI Water Solutions Inc 3,801.78 NCMA Annual Report ‐ April 2024 129923 10751 Haaker Equipment Company 782.61 Vehicle Maintenance 129924 12691 Billy Haas 525.86 M&IE: AWWA Conference 2024 6/10‐6/13/24 129925 12525 JJ Fisher Construction 348,154.38 James Way Beautification ‐ Mar 2024 129926 12083 Daniel Johnson 454.48 M&IE & Mileage: TPC Basic Electrical Training 129927 UB*01099 ALEC & BROOKE JOHNSON (T)35.39 Refund Check 019133‐000, 619  VISTA PACIFICA 129928 11586 Liebert, Cassidy & Whitmore 85.00 Professional Services 129929 10175 Life‐Assist, Inc.420.41 Medical Supplies
129930 14839 Little Pink Houses of Hope 250.00 Deposit Refund: PBVH Event 5/11/24 City of Pismo Beach
Final Disbursement List Check Date 06/07/2024
US BANK
Council Agenda 7-16-2024 9.B-5
Attachment 2
Packet Page 12

ACH/ Vendor Check
Check# Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 06/07/2024
US BANK
129931 UB*01098 MICHELLE & JIM MAPLES 13.07 Refund Check 017739‐000, 119 KAREN WAY 129932 14785 Matrix Consulting Group, Ltd. 9,000.00 Operational Review & Assessment of PW Dept. Mar‐Apr 129933 13645 MDN Engineering, LLP 23,500.00 Chapman Estate ADA Restroom ‐ Final Billing 129934 14042 Merjan Enterprises, Inc. 1,955.55 Evidence Trailer Digital Lockset 129935 12032 Midwest Motor Supply 340.31 MVR Shop Supplies 129936 10097 Miners Hardware 412.59 Maintenance Supplies 129937 11172 Mullahey Ford 628.42 Vehicle Maintenance
129938 14563 Micah Nelson 157.00 M&IE: TPC Basic Electrical Training 6/9‐6/11/24 129939 10039 New Times 346.00 Legal Advertising
129940 14343 ODP Business Solutions, LLC 65.88 Office Supplies 129941 14842 Pismo Beach Cities Lions Club 200.00 Water Rebate 129942 14701 Pre Con Industries 382,192.83 Parking Annex ‐ April 2024 129943 12335 Procare Janitorial Supply Inc 1,230.90 Janitorial Supplies 129944 14354 Gerald D. Purify Jr 1,200.00 Pacific Breeze Concerts Band 6/9/24 129945 14762 Quick Crete Products Corp 2,030.54 City Hall Bollards ‐ 50% Deposit 129946 12218 R. Baker Inc.15,600.00 New Air Vac Assembly Install with Vault 129947 14613 Dennis Richardson 400.00 Instructor: Tennis With Dennis 4/6‐4/27/24 #11505 & 5/4‐5/25/24 #11508
129948 14355 Safety 1st Seminars 2,136.00 Instructor: Babysitting 5/18/2024 129949 11266 San Luis Auto Parts Inc 534.65 Vehicle Maintenance 129950 11796 San Luis Powerhouse, Inc.2,362.71 Annual Generator Service 129951 12680 Brandon Shea 244.68 Safety Boots FY 2024
129952 10913 Siteone Landscape Supply LLC 64.74 Maintenance Supplies 129953 12570 SLO Roasted Coffee 76.00 Coffee
129954 12925 Smith's Alarms & Electronics 162.71 Security System Service Repairs 129955 14113 Southpaw Sign Co., Inc.18,123.74 City Hall Sign Refurbishment & Deposit: Dino Caves Kiosk & Kiosk Interpretive Panels
129956 13422 STA‐CCI, LLC 215.29 Postage Meter Ink Cartridge 129957 14757 Quincy Storm 440.00 Design Services
129958 UB*01102 SEAN SULLIVAN (T)29.72 Refund Check 019282‐000, 561 WADSWORTH #C 129959 13530 TCA Tools Inc 510.79 MVR Shop Supplies
129960 14440 The Top Shop 107.81 Uniform Embroidery & Logowear 129961 14459 Melanie Thurston 282.50 Reimb: Shipping
129962 13877 Michael D. Tindell 3,457.74 Lifeguard Towers Decals & Signs 129963 12461 TJA Advertising 217,068.17 CVB & LBID Advertising & Promotion: Apr 2024 129964 14821 Traffic Management Products Inc 79.31 Parking Signs 129965 14115 Vanir Construction Mgmt, Inc.8,257.50 Safety Facility CM ‐ Apr 2024 129966 12527 Water Systems Consulting Inc 23,316.47 NCMA Staff Extension & Management Agreement Update & CCB ‐ PM‐ Permitting and Final Design ‐ Apr 2024
129967 12132 White Flag Pest Control Inc 696.00 Pest Control 129968 UB*01103 AMANDA SABALBORO WILLIAM
ARELLANO (T)

20.41 Refund Check 018626‐000, 430 SOLAR #A
129969 12686 Mark Wilson 103.74 Reimb: Hotel Fees
Total:1,866,171.68$
Council Agenda 7-16-2024 9.B-6
Attachment 2
Packet Page 13

ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service 119,306.11 Federal Income Tax PD 06/07/24 ACH 11208 SEIU Local 620 AFL/CIO 921.95 SEIU Dues PD 06/07/24 ACH 11305 Public Employees Retirement System 78,292.03 PERS Retirement from Springbrook EE & ER PD 06/07/24 ACH 12260 dba: Mission Square ICMA Retirement Trust ‐ 457 28,351.99 ICMA 457 Deferred Comp EE& ER PD 06/07/24 ACH 12305 Franchise Tax Board 23,119.94 SDI & State Income Tax PD 06/07/24 ACH 12360 CalPERS 457 Plan 291.67 PERS 457 Deferred Comp ER PD 06/07/24 ACH 12708 dba: Mission Square ICMA Retirement Trust‐Roth IRA
575.00 ICMA Roth IRA PD 06/07/24
129970 12624 AT&T 9391012187 9,763.00 PSF Internet ‐ 05/10/2024 ‐ 06/09/2024 129971 12623 AT&T 9391012188 4,806.29 Phone Service 05/10/2024 ‐ 06/09/2024 129972 13278 AT&T 9391059148 1,575.11 Phone Bill ‐ 05/10/2024 ‐ 06/09/2024 129973 14363 AT&T Mobility 287314925891 127.73 iPad Tablet Service ‐ May 2024 129974 14832 AT&T Mobility 287339470580 1,943.54 iPad Minis (3) & Internet ‐ May 2024 129975 14850 Katie Baca 400.00 Refund: x2 Art Camp #11456 129976 10435 Berchtold Equipment Company 622.85 Equipment Maintenance 129977 14229 Brendler Janitorial Service 16,932.00 Janitorial Service ‐ May 2024 & Event Rental Cleanings 129978 10074 Burdine Printing 2,931.97 Summer 2024 Clam Chronicle Printing & Mailing 129979 14038 Bureau Veritas North America, Inc.10,042.50 Building Division Support Services ‐ Apr 2024 129980 13852 California Diesel & RV LLC 699.69 Vehicle Maintenance 129981 14414 California State Disbursement Unit 461.53 Tax Withholding Order PD 06/07/24 129982 14771 California State Disbursement Unit 18.46 Tax Withholding Order #2 PD 06/07/24 129983 10085 Cannon Corp 142,889.88 Paving Project CM & James Way CM ‐ April 2024 129984 13951 Central Coast Portables 541.80 Portable Restrooms ‐ 4/27/24 ‐ 5/25/24 129985 11451 Channel Islands Technology Integrators' Group 111.47 IT Professional Services 129986 11373 Cherry Lane Nursery 73.23 Maintenance Supplies 129987 14415 CLAD Consulting, Inc.6,062.50 On Call Inspections & Inspection Services 2655 Shell Beach Rd ‐ Apr 2024
129988 14847 Roger T. Craig 8,305.00 Window Tint ‐ City Hall Building 129989 14202 Crisp Imaging 219.82 PSF Groundbreaking Program Prints 129990 13386 Cuesta Polygraph & Investigations, LLC.550.00 Psych Evaluation 129991 14313 Culligan/Santa Maria 871.05 Drinking Water May 2024 129992 12119 Dave Bang Associates Inc of California 174.09 Maintenance Supplies 129993 12628 Dell Marketing LP 7,484.68 Computer Supplies 129994 12320 Dept Of Forestry and Fire Protection 734,042.52 Sched A 3rd Qtr Actual FY 23/24 1/1/24‐3/31/24 129995 11222 Drive Customs 39,802.25 Vehicle Maintenance 129996 13697 Dudek 2,185.00 Prof Svcs GP/LCP Update 3/20/24‐4/26/24 129997 14473 DXP Enterprises, Inc.2,534.42 Horizon 90 PT Tablets 129998 11289 eGenoa, LLC 775.39 Stride With The Tide Banners 129999 10746 Electricraft Inc.5,762.00 Service Call
130000 14325 Engeo Incorporated 8,340.00 Vista Del Mar Stairway ‐ Through 5/12/24 130001 11868 FGL Environmental 1,269.00 Organic & Inorganic & Misc. Analysis 130002 12035 Ben Fine 427.02 M&IE: CalCities PW Officer Institute 3/12‐3/15/24 130003 14575 GE Software, Inc.935.00 GasBoy EKOS Software 130004 12595 Gibbs International Truck Centers 308.95 Vehicle Maintenance 130005 11487 Hamner, Jewell And Associates 222.35 Cliff Ocean RW Services ‐ April 2024 130006 14836 House2Home Interiors, Inc.8,417.24 Blinds / Window Coverings ‐ City Hall 130007 12255 Iron Mountain Information Mgmt, Inc 771.06 Shredding Services 130008 13926 Jack Handley Construction Services 239,431.60 Chapman ADA Restroom ‐ Jan 2024 Final Billing 130009 11828 Gordon Jackson 40.44 Reimb: Para Surf League Lunch Meeting 130010 10564 Jonathan Beller Construction 1,500.00 Encroachment Permit Bond Release 130011 12894 Just Cruzin Productions, Inc.1,000.00 Refund: Cleaning Deposit 130012 10175 Life‐Assist, Inc.768.40 Medical Supplies
130013 14577 LK Graphics 143.00 Nameplates
130014 10200 Mack's Canvas & Awning 8,122.15 City Hall Awnings City of Pismo Beach
Final Disbursement List Check Date 06/14/2024
US BANK
Council Agenda 7-16-2024 9.B-7
Attachment 2
Packet Page 14

ACH/ Vendor Check
Check# Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 06/14/2024
US BANK
130015 13361 Marborg Industries Santa Barbara 65.25 ADA Portable Restroom 130016 UB*01104 VICTORIA MARETTI 117.94 Refund Check 019163‐000, 373 WAWONA 130017 12279 McMaster Carr 524.22 Maintenance Supplies 130018 10097 Miners Hardware 686.60 Maintenance Supplies & Vehicle Maintenance 130019 14405 Mission Linen Supply 305.38 Uniforms/Mats/Towels May 2024 130020 13104 Municipal Management Assoc of Southern
California MMASC
125.00 MMASC Membership Renewal
130021 14343 ODP Business Solutions, LLC 811.34 Office & Kitchen Supplies 130022 12315 Pacific Gas & Electric Company 6,441.87 Electricity 05/06/24‐06/06/24 130023 14848 Darlene Paulson 670.00 Cash for Grass Rebate 130024 11202 Pavement Engineering, Inc.35,667.50 Paving Project ESDC ‐ Mar/Apr 2024 130025 10633 Pismo Beach Athletic Club Inc 1,085.51 PBAC Dues Collected for June 2024 130026 14830 Plants Etc. Inc 8,469.00 Deposit: Price St Planters 130027 12022 Pismo Beach Police Officer's Association 1,378.96 POA Dues PD 06/07/24 130028 12453 Polydyne, Inc.4,232.36 Polymer Tote
130029 14740 Premier Supply, LLC 186.41 Maintenance Supplies 130030 12335 Procare Janitorial Supply Inc 5,536.02 Janitorial Supplies 130031 13255 Rib Line 1,674.75 Neighborhood Event Catering 6/14/24 130032 13201 Rincon Consultants, Inc.2,244.50 Central Coast Blue EIR ‐ April 2024 130033 14849 Joshua Rosenblum 1,000.00 Neighborhood Event Band 6/14/24 130034 12108 Santa Maria Tire, Inc.147.89 Vehicle Maintenance 130035 13994 SBRK Finance Holdings, Inc.656.00 CivicPay IVR Transaction Fees May 2024 130036 11168 Sherwin‐Williams 1,241.98 Facilities Maintenance 130037 12171 State Water Resources Control Board 69,142.56 CWSRF C‐06‐8016‐110 C#D1501027 Five Cities LS 130038 12476 Statewide Traffic Safety And Signs, Inc 4,750.00 Car Show Traffic Control System 130039 14299 Natalia Stilleson 18.00 Translation Services 130040 12387 Teledyne Instruments, Inc 2,217.50 Lab Refrigeration Replacement Assembly 130041 11271 Templeton Uniforms 97.72 Police Equipment 130042 14821 Traffic Management Products Inc 1,991.79 Car Show & Street Signs 130043 12622 USA Bluebook Acct: 82507 81.83 WWTP Lab Supplies 130044 14115 Vanir Construction Mgmt, Inc.10,592.00 Safety Facility CM ‐ Jan 2024 130045 14034 Vital Records Holdings, LLC 196.78 Document Storage June 2024 130046 12527 Water Systems Consulting Inc 1,417.50 Water Loss Audit ‐ Apr 2024 130047 14788 Wertz Werkz 1,707.56 Rec Program Neighborhood Games 130048 14020 Daniel Barrett Wrage 3,120.00 Instructor: Beach Volleyball Camp 6/10‐6/13 #11447 Total:1,693,866.39$
Council Agenda 7-16-2024 9.B-8
Attachment 2
Packet Page 15

ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service 105,232.10$ Federal Income Tax PD 06/21/24 ACH 11208 SEIU Local 620 AFL/CIO 877.72 SEIU Dues PD 06/21/24 ACH 11305 Public Employees Retirement System 77,499.39 PERS Retirement from Springbrook EE & ER PD 06/21/24 ACH 12260 dba: Mission Square ICMA Retirement Trust
‐ 457
28,514.49 ICMA 457 Deferred Comp EE& ER PD 06/21/24
ACH 12305 Franchise Tax Board 19,330.12 SDI & State Income Tax PD 06/21/24 ACH 12360 CalPERS 457 Plan 291.67 PERS 457 Deferred Comp ER PD 06/21/24 ACH 12708 dba: Mission Square ICMA Retirement Trust‐
Roth IRA
575.00 ICMA Roth IRA PD 06/21/24
130049 10446 Achievement House, Inc.15,229.55 Sidewalk Cleaning Services, Pressure Washer Rental, Shell Beach Litter Removal, Clean‐up Services & Pismo Beach
Litter Removal ‐ May 2024
130050 14044 Alan McClintock 15,288.00 Netmotion Annual Renewal PD & CH 130051 11882 Alexander's Contract Services Inc 4,060.27 Water Meter Reading Services Jun 2024 130052 10294 Allstar Fire Equipment 765.00 SCBA Calibration/Testing 130053 12625 AT&T 9391083592 3,232.46 PD Migration Internet ‐ 05/01/2024 ‐ 05/31/2024 130054 13460 AT&T Mobility 287284035974 2,618.91 Monthly Phone Service ‐ Apr & May 2024 130055 11589 Austin's Wet Pets and Pond Maintenance,
Inc
210.00 Pond Maintenance Chapman ‐ May 2024
130056 14799 Bikes by T & W LLC 10,326.76 Employee Wellness Program E‐bikes (4) 130057 11392 Brenntag Pacific Inc.2,079.70 Sodium Bisulfite 130058 10074 Burdine Printing 413.76 Reservation Signs & Neighborhood Event Signs & Rec Program Posters
130059 14038 Bureau Veritas North America, Inc.15,177.50 Plan Review Services 130060 12098 Burke & Pace Lumber of Arroyo Grande 357.42 Maintenance Supplies 130061 10626 California Highway Adoption Co 1,050.00 Highway 101 On/Off Ramp Trash Mitigation 130062 14414 California State Disbursement Unit 519.23 Tax Withholding Order PD 06/21/24 130063 14771 California State Disbursement Unit 18.46 Tax Withholding Order #2 PD 06/21/24 130064 10269 Carquest Auto Parts 260.49 Vehicle Maintenance 130065 14649 Luis Castaneda 509.25 Reimb: Distribution System Basics Class & Grade II Application Fees
130066 12178 Central Coast Playgrounds, Inc.3,760.00 Replacement Beach Swings Installation 130067 11451 Channel Islands Technology Integrators'
Group
18,958.01 Parking Annex ‐ Wireless Access Point, Cloud Controller, IT Services, Monthly Office 365, Phone Licenses May 2024 & Monthly Backup Subscriptions May 2024
130068 14415 CLAD Consulting, Inc.37,492.50 On Call Engineering 5/2‐5/31/24 & Parking Annex & HASLO On Call Inspections ‐ May 2024
130069 12628 Dell Marketing LP 2,235.76 Computer Supplies 130070 14217 Deltina Coffee Roasters 62.50 Coffee
130071 12790 Diversified Project Services International 29,575.25 Bello Wadsworth Water Main & Digester Demo Design ‐ May 2024
130072 UB*01107 DRAKE EXCAVATING & AGGREGATES 848.76 Refund Check 019360‐000, BAY & WADSWORTH HYD 130073 11222 Drive Customs 25,886.39 PD243 PD Admin Explorer, PD242 PD Admin Vehicle & U63 ‐ Outfitting Truck
130074 11289 eGenoa, LLC 1,829.18 Deposit: Recreation Van Wrap 130075 11469 Eikhof Design Group Inc 9,315.00 Wadsworth Storm Drain, Stormwater Inspections & Development Review ‐ May 2024
130076 13137 Evenson Plumbing Inc 42,150.00 James Way Fire Hydrant Repair & Fire Hydrant Repair ‐ Shell Beach Road by Zorro's
130077 14638 F&H Construction 241,461.98 Public Safety Facility ‐ May 2024 130078 13980 Garing, Taylor & Associates, Inc.6,000.00 Chapman Estate Maintenance and Development Study 130079 14575 GE Software, Inc.300.00 EKOS Mifare Fuel Cards 130080 10732 Granite Construction Company 2,866.15 Maintenance Supplies 130081 14798 GrassrootsLab, LLC 5,000.00 Consulting Services ‐ May 2024 City of Pismo Beach
Final Disbursement List Check Date 06/21/2024
US BANK
Council Agenda 7-16-2024 9.B-9
Attachment 2
Packet Page 16

ACH/ Vendor Check
Check# Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 06/21/2024
US BANK
130082 13276 InfoSend, Inc.1,724.82 Processing‐Printing‐Mailing Utility Bills May 2024 130083 13385 IPS Group, Inc.181,936.60 Parking Meter
130084 12255 Iron Mountain Information Mgmt, Inc 60.69 Shredding Services 04/24/2024‐05/28/2024 130085 10175 Life‐Assist, Inc.207.52 Medical Supplies
130086 14674 McGrath Rentcorp 4,269.53 3 Temporary Trailers 330 Main St. ‐ Lease 6/3/24‐7/2/24 130087 13645 MDN Engineering, LLP 3,125.00 De Anza Trail ‐ Apr/May 2024 130088 14427 Rubio Medina 2,221.18 Parking Annex ‐ May 2024 130089 14739 Mike's Coffee and Tea Co.54.00 Coffee
130090 10097 Miners Hardware 787.76 Maintenance Supplies 130091 14405 Mission Linen Supply 1,015.86 Uniforms/Rugs/Towels May 2024 130092 11172 Mullahey Ford 84,660.72 PD 2024 Ford Explorer & 2024 Ford Explorer & Vehicle Maintenance
130093 10039 New Times 117.00 Legal Advertising
130094 UB*01106 NEWTON CONSTRUCTION 894.61 Refund Check 019136‐000, 680 WADSWORTH HYDRANT 130095 10753 Nick's Telecom 1,516.49 Vehicle Maintenance 130096 12199 Noble Saw, Inc 358.28 Equipment Maintenance 130097 14343 ODP Business Solutions, LLC 270.67 Office Supplies 130098 10697 John Parker 75.00 Design Services
130099 12023 Petty Cash 82.50 Petty Cash
130100 14852 Peter Picchi 305.00 Rec Program Supplies
130101 12022 Pismo Beach Police Officer's Association 1,378.96 POA Dues PD 06/21/24 130102 14701 Pre Con Industries 245,988.70 Parking Annex ‐ May 2024 130103 14740 Premier Supply, LLC 59.26 Maintenance Supplies 130104 12335 Procare Janitorial Supply Inc 2,017.69 Janitorial Supplies 130105 UB*01105 R. BAKER INC 1,093.52 Refund Check 019491‐000, BELLO & WADSWORTH 130106 13201 Rincon Consultants, Inc.1,809.00 Central Coast Blue EIR & Pismo Beach General Plan Update PEIR 5/1/2024‐6/3/2024
130107 14049 San Luis Obispo Coast Wine Collective 30,000.00 Sponsorship Marketing Branding & Promotion 130108 12108 Santa Maria Tire, Inc.5,202.55 Vehicle Maintenance 130109 13994 SBRK Finance Holdings, Inc.420.00 TCP Import & Testing for E‐Timesheets ‐ Apr 2024 130110 14738 SCA OF CA, LLC 13,662.62 Street Sweeping Services ‐ May 2024 130111 14853 Robert Silvani 3,024.00 Instructor: Shell Beach Surf Camp 6/11‐6/13/24 #11422 & 6/18‐6/20/24 #11423
130112 10913 Siteone Landscape Supply LLC 173.25 Irrigation Maintenance 130113 11722 SP Maintenance Services Inc 4,688.75 Parking Lot & Street Sweeping Services ‐ May 2024 130114 14851 Spectre Security Inc.3,840.00 July 4th Security 130115 12630 SWCA Environmental Consultants 904.00 Bello & Solar Monitoring ‐ May 2024 130116 13530 TCA Tools Inc 1,016.30 Tool Inventory Project 130117 13442 Thorn Run Partners 4,500.00 Federal Lobbying Services ‐ June 2024 130118 14639 TimeClock Plus, LLC 2,235.94 E‐Timesheet Project Implementation Services April 2024 130119 12860 Townsend Public Affairs 4,000.00 Consulting Services ‐ June 2024 130120 13036 American Trainco LLC TPC Trainco 2,990.00 TPC Basic Electrical Training 130121 14821 Traffic Management Products Inc 1,171.94 Street Signs & Avila Ridge Fire Lane Repairs 130122 12982 Ultrex Business Products 1,303.93 Monthly Copier Usage PD Records & City‐Wide Copier Usage May 2024
130123 12041 United Rentals Northwest, Inc 2,396.53 Equipment Rental 130124 13741 Julia Valentine 1,924.00 Instructor: Sea Exploration Camp 6/10‐6/14 #11418 130125 12527 Water Systems Consulting Inc 18,334.67 Annual Water Use Report ‐ Apr/May 2024 & CCB ‐ PM‐ Permitting and Final Design ‐ May
130126 12132 White Flag Pest Control Inc 742.00 Pest Control 130127 14811 Yoda Painting Inc.102,125.00 City Hall Exterior Improvement/Painting & Extra Work Total:1,472,864.57$
Council Agenda 7-16-2024 9.B-10
Attachment 2
Packet Page 17

City of Pismo Beach
Final Disbursement List Check Date 06/28/2024
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 12017 Vantagepoint Transfer Agents 9,208.00$ Retiree Health Longevity Premiums ‐ PD 07/01/24 ACH 12211 CA. Public Emp Retirement Sys 118,814.33 Medical Insurance ‐ July 2024 ACH 12944 Leaf 1,322.25 Monthly Copier Lease ‐ June 2024 ACH 13455 Wex 886.46 Fuel for City Vehicles 05/07/24 ‐ 06/06/24 ACH 14257 Igoe Administrative Services 126.00 Medical and/or Dependent Care FS Monthly Participation ACH 14257 Igoe Administrative Services 5,323.01 IGOE FSA and DDS Reimbursement ‐ June 2024 ACH 10371 Visit SLO County 151,819.91 TMD Payments Apr 2024 130128 10434 Abalone Coast Analytical Inc 514.00 Water Analysis 130129 10695 AFLAC 3,108.22 Supplemental Disability Insurance ‐ June 2024 130130 11195 Air Pollution Control District‐SLO County 2,233.53 Installation of Emergency Generator for Suite A‐1 130131 10800 Whitney Almaguer 1,768.00 Instructor: Creative Kids Summer Theater 6/24‐6/28/24 #11450 130132 12433 Alpha Electrical Service Inc 322.00 Electrical Repairs 130133 12438 Avila Bay Athletic Club & Spa 934.50 Instructor: Avila Bay Athletic Club Camp 6/17‐6/21/24 #11518 & 6/24‐ 6/28/24 #15519
130134 14229 Brendler Janitorial Service 16,152.00 Janitorial Service ‐ June 2024 130135 12841 Robert Brenman 40.00 Band Member: Senior Dance 6/11/24 130136 11392 Brenntag Pacific Inc.7,554.07 Sodium Bisulfite 130137 14779 Sally Budd‐Unks 816.00 Instructor: Dance Fit 4/2‐4/30/24 #11507, 5/2‐5/30/24 #11509, 6/4‐ 6/27/24 #11510
130138 10074 Burdine Printing 2,900.05 CCR Postcards
130139 13852 California Diesel & RV LLC 825.00 Equipment & Vehicle Maintenance 130140 14854 California Marketplace 631.88 Collateral
130141 10085 Cannon Corp 78,463.44 Ocean Blvd Improvements CM ‐ May 2024, Clarifier Rehab Bid Support ‐ May 2024, James Way Beautification CM ‐ May 2024, & Paving Project CM ‐ May 2024
130142 14554 Jeffrey Cardinal 40.00 Band Member: Senior Dance 6/11/24 130143 10269 Carquest Auto Parts 221.43 Vehicle Maintenance 130144 10799 Lindsay Carter Coates 200.00 Instructor: Yoga with Lindsay 5/1‐5/29/24 #11457 130145 13951 Central Coast Portables 672.85 Portable Restrooms 5/25‐6/22/24 & Neighborhood Events 6/14/24 130146 11451 Channel Islands Technology Integrators' Group 7,852.56 2024 Onsite Helpdesk Days 130147 13105 Chapman Foundation 590.00 Chapman Estate Foundation Docent Tour Fees May 2024 130148 11552 Agritec International Ltd CleanTech 217.45 Parts Washer ‐ Rental Service 130149 12273 Coastal Demo Inc 610.00 Parking Annex
130150 10708 Coastline Equipment 79.27 Vehicle Maintenance 130151 14834 Confluence Engineering Solutions, Inc 4,073.75 LSLI Support ‐ May 2024 130152 14445 Consor North America, Inc.2,121.12 Traffic Signal Design Bello & Price Canyon ‐ Nov 2023 ‐ Apr 2024 130153 14658 Container Stop, Inc.23,700.00 2 ‐ 40' containers for Fire 130154 14146 Pamela Ann Coslick 72.00 Instructor: Tae Kwon Do 6/5‐6/26/24 #11527 130155 14847 Roger T. Craig 560.00 City Hall Window Tint 130156 14202 Crisp Imaging 133.50 Equipment Maintenance 130157 14313 Culligan/Santa Maria 26.40 Drinking Water May 2024 130158 11585 D & H Water Systems Inc 11,509.88 Tank Mixer 130159 14464 DataWorks Plus 1,386.00 Maintenance Fee 1/15/24 ‐ 1/14/25 130160 14217 Deltina Coffee Roasters 125.00 Coffee
130161 12307 Department Of Justice 128.00 Pre‐employment Fingerprinting 130162 10746 Electricraft Inc.2,381.50 Service Call & 320 Main Street ‐ Electrical Work 130163 14375 Endurant Sports, LLC 2,595.00 Lifeguard Rescue Boards 130164 12541 Engel & Gray Inc 8,079.83 Composting Biosolids May 2024 130165 14325 Engeo Incorporated 9,991.46 Cliff/Ocean Storm Drain ‐ Design ‐ May 2024 130166 13586 Famcon Pipe & Supply Inc.3,651.65 Distribution & Streets Maintenance 130167 14860 John Farao 1,000.00 Refund: Deposit PBVH Event 6/8/24 130168 12123 Farm Supply 120.64 Parks Equipment
130169 10191 Nadia Feeser 40.00 Refund: 4th of July Ticket 130170 11868 FGL Environmental 575.00 Water Analysis
130171 13348 Filipponi & Thompson Drilling, Inc 34,303.60 Well 5 Rehabilitation 130172 10398 Liliana Graham 278.40 Instructor: Ballroom/Latin Dance Class 6/3‐6/24/24 #11526 130173 12168 Gregory Dean Gallegos 3,200.00 Weed Abatement 130174 12952 GSI Water Solutions Inc 2,337.72 NCMA Annual Report ‐ May 2024 130175 10751 Haaker Equipment Company 1,697.06 Equipment Maintenance 130176 14862 Bradley Hogan 152.25 Reimb: Uniform Bike Shorts 130177 14660 Interwest Consulting Group 34,297.20 Plan Review & Inspection ‐ Public Safety Facility May 2024 130178 13385 IPS Group, Inc.2,720.75 IPS Transaction Fees ‐ May 2024 130179 14856 Ivan Corona 500.00 Vehicle Delivery
130180 13926 Jack Handley Construction Services 16,923.55 Stair Repairs Council Agenda 7-16-2024 9.B-11
Attachment 2
Packet Page 18

City of Pismo Beach
Final Disbursement List Check Date 06/28/2024
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
130181 12525 JJ Fisher Construction 353,645.91 James Way Beautification ‐ Apr/May 2024 130182 12783 JWC Environmental 12,976.34 Muffin Monster 130183 13679 KC Partners Corp 1,301.34 Equipment Maintenance 130184 14859 Joey LeTourneau 250.00 Refund: Deposit DCP Event 6/14/24 130185 10656 LN Curtis & Sons 3,158.27 Rescue Equipment 130186 14861 Kristian Lundberg 250.00 Refund: Deposit DCP Event 6/15/24 130187 13836 Mesa Energy Systems, Inc 875.80 WWTP HVAC Repairs 130188 14739 Mike's Coffee and Tea Co.81.00 Coffee
130189 10097 Miners Hardware 2,528.31 Maintenance Supplies 130190 14405 Mission Linen Supply 3,010.82 Uniforms ‐ May 2024 130191 14742 Momentum Paddle Sports Inc.2,204.00 Instructor: Pickleball Camp 6/19‐6/21/24 #11474, Instructor: Ocean Adventure Camp June 6/25‐6/27/24 #11466, & Equipment Rental for Ocean Adventure Camp
130192 14611 Jon Wayne Mounts 40.00 Band Member: Senior Dance 6/11/24 130193 10039 New Times 234.00 Legal Advertising
130194 14858 B. Deon Nielsen Price 596.00 Refund: Deposit PBVH Event 6/15/24 130195 14343 ODP Business Solutions, LLC 932.42 Office Supplies & USLA Academy Training Documents 130196 10728 Oilfield Environmental & Compliance, Inc.15,043.17 Lab Analysis ‐ April, May, & June 2024 130197 10241 Original Watermen, Inc.3,224.17 Jr. Lifeguard Uniforms 130198 11202 Pavement Engineering, Inc.47,152.50 Paving Project ‐ May 2024 & Price Canyon Road Pavement Evaluation 130199 13197 Pioneer Americas, LLC 10728 11,485.37 Sodium Hypochlorite 130200 10673 Pismo Beach Volleyball Club 25,359.34 Instructor: Volleyball Club 6/11‐7/18/24 #11438 & Instructor:

Volleyball Club 6/10‐7/17/24 #11436
130201 14857 Caroline Portzel‐Vaccaro 5,060.00 Instructor: Art Camp 6/17‐6/21/24 #11456, Art Camp 6/24‐6/28/24 #11458, & Neighborhood Event Décor
130202 14863 Carlene Powell 80.00 Refund: (2) 4th of July Tickets 130203 12335 Procare Janitorial Supply Inc 2,015.67 Janitorial Supplies 130204 13898 Quadient, Inc.493.20 Neopost Postage Lease 4/16/24‐07/15/24 130205 13255 Rib Line 739.50 Neighborhood Event Catering 6/14/24 130206 14613 Dennis Richardson 448.00 Instructor: Tennis with Dennis 6/1‐6/29/24 #11502 130207 14754 Schwind Electric 14,895.00 Electrical Labor & Materials ‐ Dino Caves Park & Pier Promenade 130208 14076 SCL‐North 7,058.52 Replacement Bollards at Pier Plaza 130209 14853 Robert Silvani 1,008.00 Instructor: Surf Camp 6/25‐6/27/24 #11424 130210 13913 Silvas Oil Co., Inc 6,955.02 Diesel & Fuel Deliveries 6/13/24 130211 10913 Siteone Landscape Supply LLC 321.10 Tool Inventory Project 130212 10093 SLO County Auditor‐Controller 12,850.00 Phoenix Parking Surcharges ‐ March 2024 130213 10576 SLOCO Data, Inc 679.69 Trail Brochures
130214 14846 SmartSafety Software, Inc.200.00 License Upgrade 130215 12806 Donald G. Stever 40.00 Band Member: Senior Dance 6/11/24 130216 12630 SWCA Environmental Consultants 900.00 4th Street Parcel Botanical Survey May 2024 130217 13530 TCA Tools Inc 21,033.47 Tool Inventory Project 130218 14440 The Top Shop 1,734.26 City Branded Clothing 130219 13151 Thread Head, Inc.1,515.00 Jr Lifeguard Uniforms 130220 14821 Traffic Management Products Inc 317.26 Street Signs 130221 13392 Urban Planning Concepts 10,215.00 In‐house Planning Services ‐ May 2024 130222 12622 USA Bluebook Acct: 82507 272.82 WWTP Lab Supplies 130223 10692 Ed Waage 40.00 Refund: 4th of July Ticket
130224 12527 Water Systems Consulting Inc 9,194.05 NCMA Management Agreement Update ‐ May 2024, Eng Design ‐ New Groundwater Production Well, & NCMA Staff Extension ‐ May 2024 130225 14789 Lori Waters 72.00 Instructor: Rays of Revelation 6/22/24 #11483 130226 12132 White Flag Pest Control Inc 476.00 Pest Control 130227 14811 Yoda Painting Inc.5,375.00 City Hall Exterior Improvements ‐ Retention Release Total:1,171,264.79$
Council Agenda 7-16-2024 9.B-12
Attachment 2
Packet Page 19

City of Pismo Beach
Final Disbursement List Check Date 07/03/2024
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
130229 11448 2ND Nature LLC 5,999.07$ Stormwater Annual Software Renewal FY 24/25 130230 14402 Carol A. Burner 933.33 900 Bello Lease ‐ July 2024 130231 11808 California Joint Powers Insurance 1,220,282.00 General Liability & Workers Comp Insurance FY24 130232 11795 California Park & Recreation Society 240.00 Membership Dues: C. Ghiglia & B. Pack FY24/25 130233 14414 California State Disbursement Unit 519.23 Tax Withholding Order PD 07/05/24 130234 14771 California State Disbursement Unit 18.46 Tax Withholding Order PD 07/05/24 130235 13951 Central Coast Portables 131.05 Portable Restroom ‐ Concert 06/09/2024 130236 11451 Channel Islands Technology Integrators' Group 13,419.00 Monthly Help Desk ‐ June 2024 130237 11169 Coast Riders Powersport Sales 849.30 Vehicle Maintenance 130238 14247 Coastal Tree Experts, Inc.2,800.00 Tree Trimming 130239 10667 Complete Paperless Solutions, LLC 25,540.00 Laserfiche Annual Support Renewal 6/21/24‐6/20/25 130240 14844 Cornerstone Tech, Inc 13,832.72 Firewall Support & Maintenance 130241 12628 Dell Marketing LP 122.16 Computer Accessories 130242 12224 Delta Dental Of California 6,829.58 Dental Premiums ‐ July 2024 130243 14360 Fifth Asset, Inc.11,000.00 GASB 87 and 96 Compliance & Debt Service FY24/25 130244 14770 General Lee Enterprises, Inc.7,000.00 Vegetation Management ‐ Chumash Park 130245 14097 Julia Goodman 241.22 Tuition Assistance Program ‐ Fall 2023 & Spring 2024 130246 10811 Governmentjobs.com Inc 6,287.84 Job Postings Governmentjobs.com & HR Software License FY 24/25 130247 14043 Health & Human Resource Center, Inc.159.80 Employee Assistance Program July 2024 130248 12599 ICMA 1,200.00 ICMA Membership Renewal FY24/25 130249 13926 Jack Handley Construction Services 7,704.65 Stair Repairs 130250 10474 Joseph Wolosz 6,500.00 Wolosz Parking Lot Lease ‐ July 2024 130251 12096 Lee Wilson Electric Co Inc 1,371.22 Traffic Light Maintenance & Signal Repairs ‐ April, May, & June 2024 130252 11748 Left Coast Enterprises, Inc.1,161.62 Stride With the Tide ‐ T‐shirts & Caps 130253 11586 Liebert, Cassidy & Whitmore 5,570.00 LCW Consortium Fee & Library Subscription FY24 130254 10175 Life‐Assist, Inc.319.20 Medical Supplies
130255 14401 Barbara L. Maraist 933.34 900 Bello Lease ‐ July 2024 130256 10097 Miners Hardware 2,233.70 Maintenance Supplies 130257 11103 Mission Communications LLC 694.80 Annual Service for Harloe and IRA Alarm System FY24/25 130258 10753 Nick's Telecom 70.00 EOC Red Phone Wiring
130259 10697 John Parker 350.00 Design Services: Stride 2024 Flyer 130260 14102 Peak WiFi, LLC 869.65 Internet Service ‐ PD LPR Internet, PD Camera Network, Lift Station/City Yard Connection & Internet Service ‐ July 2024 130261 14550 Phillco 117.90 Soft Water ‐ Station 63 & 64 June 2024 130262 14586 Jeffery Pienack 1,400.00 Band ‐ Summer Concert Series 7/14/24 130263 14403 Betty J. Pratt 933.33 900 Bello Lease ‐ July 2024 130264 10276 Printpal Promotions & Printing 3,525.62 Collateral 130265 12335 Procare Janitorial Supply Inc 1,541.37 Janitorial Supplies 130266 13198 Progressive Solutions 7,319.09 PSI Annual Software Maintenance FY24/25 130267 12446 Pyro Spectaculars Inc 18,500.00 July 4th Celebration Fireworks Display 130268 14355 Safety 1st Seminars 1,080.00 Instructor: Babysitting Course 6/29/2024 130269 11266 San Luis Auto Parts Inc 99.05 Vehicle Maintenance 130270 12028 San Luis Obispo County Public Works Dept 1,728,563.49 CSA 12 Lopez Water Semi Annual Billing FY24/25, Dept of Water Resources ‐ State Water & Drought Buffer, CCWA Fixed & Variable O & M FY24/25, Final Lopez Water Billing FY 23, & Prelim Semi Annual Lopez Water Contract FY24/25
130271 12570 SLO Roasted Coffee 39.00 Coffee
130272 10576 SLOCO Data, Inc 334.03 Posters ‐ 4th of July Celebration 130273 12630 SWCA Environmental Consultants 1,200.00 Pismo Lake 4th Street Parcel Botanical Survey June 2024 130274 12629 Tetra Tech Inc 1,522.50 Map Checking ‐ Through 4/26/24 130275 12321 The Gas Company 1,221.31 Gas Service 05/13/24‐ 06/17/24 130276 13097 The Standard 1,547.00 Life & Additional Life Insurance Premiums ‐ July 2024 130277 14440 The Top Shop 1,496.67 4th of July T‐shirts & Sweatshirts 130278 14639 TimeClock Plus, LLC 6,726.56 Enterprise License Annual Charge FY24/25 & E‐Timesheet Project Implementation Services May 2024
130279 13073 VSP‐ Vision Service Plan (CA)1,637.92 VSP Vision Coverage July 2024 130280 13548 Jodi Weimer 238.00 M&IE: SLI 7/10‐7/13/24
Total:3,124,225.78$
Council Agenda 7-16-2024 9.B-13
Attachment 2
Packet Page 20

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: July 16, 2024
TITLE:

Monthly Investment Transaction Report of the City’s Cash and Investments for May 2024 of Fiscal Year 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 May 31, 2024. 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 May 31, 2024. •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 May 31, 2024.

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:

Council Agenda 7-16-2024 9.C-1
Packet Page 21

City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned May 2024
Actual Year-to-
Date Interest
Earned Ending
5/31/2024 * Data Sources
General Fund Reserves US Bank CDs/GASs/Corp/
Muni Bonds

2.08% avg 7,658,980 11,418$ 144,987$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note

3.00% avg 34,591,551 47,442 1,181,456 1 Total All Securities 42,250,531$ 58,860$ 1,326,443$ City Pooled Funds - B US Bank Custody 0.00%-$ 277$ 11,529$ 1 City Pooled Funds - B Local Agency Invest.

Fund
State Investment
Pool

4.30%5,263,562 - 512,639 2
City Pooled Funds - B US Bank Checking & Sweep 4.91%32,115,163 122,505 258,362 3 City Pooled Funds - B 37,378,724$ 122,782$ 782,529$ City Pooled Funds total A + B 71,970,276$ 170,225$ 1,963,985$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 117,306$ 2$ 598$ 4 Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
69,715 4 519 4
CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed by
CalPERS
5,500,858$ -$ 496,152$ 5 TOTAL, Cash and Investments at May 31, 2024:85,317,135$ 181,649$ 2,606,242$ TOTAL for City Managed Portfolio, Cash and Investments:79,629,256$ 181,642$ 2,108,972$ 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 Council Agenda 7-16-2024 9.C-2
Attachment 1
Packet Page 22

CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
May 31, 2024

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
No Activity -$
Total -$

SALES, MATURITIES, CALLS OR WITHDRAWALS
05/22/24 Maturity Goldman Sachs 145,000$
Total 145,000$
ACTIVITY TOTAL (145,000)$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 11,418$

POOLED INVESTMENTS
Interest Earned on Investments 47,442$
TOTAL INTEREST EARNED 58,860$
Data Source: Monthly Download of Transactions from US Bank Council Agenda 7-16-2024 9.C-3
Attachment 2
Packet Page 23

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:5/31/2024 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Checking US Bank 28,001,552$ 7,768,820$ (3,859,346)$ 204,137$ -$ 32,115,163$ LAIF LAIF 5,263,562 - - - - 5,263,562 Total all Bank Accounts 33,265,113$ 7,768,820$ (3,859,346)$ 204,137$ -$ 37,378,724$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Fund
General Fund 1001-10101 7,893,556 4,054,759 (1,773,973) - - 10,174,342 General Fund-Reserve 1001-10105 414,933 11,468 - - - 426,401 Half Cent Sales Tax Fund 1002 2,074,040 (54,404) - - - 2,019,635 Special Revenue Funds
Gas Tax Fund 2001 246,719 34,782 - - - 281,501 LTF - Streets 2002 273,256 45,801 - - - 319,058 PEG Access Fund 2003 94,972 9,029 - - - 104,001 Police Grant Fund 2004 136,284 (13,831) - - - 122,453 Housing In Lieu Fund 2005 117,141 37 - - - 117,178 LBID Fund 2006 2,425,716 195,028 (84,451) - - 2,536,293 Chapman House 2007 61,001 122,175 (122,323) - - 60,853 Capital Projects Funds
Capital Projects Fund 3001 771,151 838,808 (820,025) - - 789,934 Public Facilities Fund 3002 898 - - - - 898 Park Development Fund 3003 354,687 (453) - - - 354,234 Circulation Fund 3101 562,895 (3) - - - 562,892 Development Impact Fee Fund 3102 119,863 72,026 - - - 191,889 Developer Impact Fee Fund 3103 171,005 - - - - 171,005 Underground Utility Fund 3201 16,906 - - - - 16,906 Council Agenda 7-16-2024 9.C-4
Attachment 3
Packet Page 24

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:5/31/2024 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 - 185,401 (185,401) - - - Freeway Foothills AD Fund 4101 782 - - - - 782 Spyglass AD Fund 4102 13,022 - - - - 13,022 Indio-El Portal AD Fund 4112 756 - - - - 756 Visalia Street AD Fund 4113 5,621 379 - - - 6,000 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 4,653,129 1,685,984 (101,358) - - 6,237,755 Water Construction Fund 6103 835,842 52,157 (33,699) - - 854,300 Water Expansion Fund 6104 939,752 8,534 - - - 948,286 Wastewater Enterprise Fund 6201 735,594 626,040 (150,853) - - 1,210,781 Wastewater Construction Fund 6202 1,673,911 33,979 (25,591) - - 1,682,299 Wastewater Expansion Fund 6203 2,117,843 21,203 - - - 2,139,046 LTF - Transit Fund 6301 28,898 - - - - 28,898 Pier Operations Fund 6401 (22,846) 36,169 (7,911) - - 5,412 Parking Fund 6501 1,480,557 (514,979) (44,176) - - 921,402 Internal Service Funds
Technology Service Fund 7101 190,929 118,633 (200,081) - - 109,481 Motor Vehicle Fund 7201 3,086,591 116,874 (84,334) - - 3,119,131 Trust & Agency Funds
SLO County TMD 8201 146,033 156,681 (147,829) - - 154,886 Control Funds
Payroll Control Fund 9301 1,357,805 1,417 (74,595) - - 1,284,627 Interest Control Fund 9302 109,928 122,505 - - - 232,433 Utility Billing Control Fund 9304 175,944 4,011 - - - 179,955 M/R Control Fund 9305 - - - - - - Total all cash funds 33,265,113 7,970,212 (3,856,601) - - 37,378,724 Council Agenda 7-16-2024 9.C-5
Attachment 3
Packet Page 25

INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 - - - - 0 General Fund - CD's 1001-10404 6,605,033 (145,000) - - - 6,460,033 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 Age1002-10405 500,000 - - - - 500,000 GF - Half Cent Sales Tax Mny Mkt1002-10108 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 Ag1001-10140 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 6,003,991 - - - - 6,003,991 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0) - - - - (0) Housing In Lieu Fund 2005-10404 385,000 - - - - 385,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 - - - - 140,000 Housing In-Lieu Treasury Note 2005-10410 - - - - - - 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 - - - - - - Council Agenda 7-16-2024 9.C-6
Attachment 3
Packet Page 26

INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 588 116,718 - - - 117,306 Public Fin Fiscal Agent-CREBs 4002-10515 1,026 68,690 - - - 69,715 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 735,000 - - - - 735,000 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 1,000,000 - - - - 1,000,000 Water Construction Money Mkt 6103-10108 (0) - - - - (0) Water Construction 6103-10404 504,363 - - - - 504,363 Wastewater Fund Money Market C6201-10108 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 1,000,000 - - - - 1,000,000 Parking Enterprise Money Mrkt 6501-10108 (0) - - - - (0) Parking Fund Corp Bond-Pooled 6501-10141 500,000 - - - - 500,000 Parking Enterprise 6501-10404 1,225,000 - - - - 1,225,000 Parking Fund Federal Agencies 6501-10405 1,750,000 - - - - 1,750,000 Parking Fund Treasury Note 6501-10410 - - - - - - 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 5,500,858 - - - - 5,500,858 Total all Investments 47,898,003$ 40,407$ -$ -$ -$ 47,938,411$ Total all Funds 81,163,117$ 8,010,620$ (3,856,601)$ -$ -$ 85,317,135$ Council Agenda 7-16-2024 9.C-7
Attachment 3
Packet Page 27

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: July 16, 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.

Summary of Current Events
The City has received reimbursement for emergency protective measures in the amount of $26,977.76 from FEMA through the California Governor's Office of Emergency Services (CalOES). Of the five sites listed above, four have been deemed ineligible by FEMA for various reasons. The Pier Avenue Storm Drain Outfall site is currently in environmental review with FEMA for a permanent repair project to replace the outfall pipe that was washed away during the storm.

Council Agenda 7-16-2024 9.D-1
Packet Page 28

January 12, 2017 Proclamation: Winter Storms
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-012 1, 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.

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 is preparing the request for authorization for construction funding in anticipation of the ROW authorization approval. Staff submitted a time extension request to Caltrans Local Assistance in July of 2023 and has received tentative approval extending the project end date to August 2024. Staff is currently preparing another time extension in the event the request for construction authorization is not submitted prior to August 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:
1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=107586&dbid=0&repo=Laserfiche Council Agenda 7-16-2024 9.D-2
Packet Page 29

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.E
Meeting Date: July 16, 2024
TITLE:

Paid Parking Quarterly Update—Fourth Quarter of Fiscal Year 2024 RECOMMENDATION:

No action recommended, for information only.

DISCUSSION:

This report provides the City Council and public with information on preliminary actual revenues and expenditures for Fiscal Year (FY) 2024 for the quarter ending June 30, 2024, and the current balance of the Parking Enterprise Fund. This report also provides an update on parking initiatives.

FY 2024 Financial Update
Table 1 details the preliminary actual revenues and expenditures for the fourth quarter of FY 2024 compared to the fourth quarter of FY 2023.

Table 1: Parking Enterprise Fund Revenues & Expenditures through 4th Quarter FY 2024 4th
Quarter Actuals
FY 2023 4th
Quarter Actuals
Variance FY24
v FY23 ($)
V ariance FY24 v
FY23 (%)
July 1st Beginning Fund Balance 5,846,885$ 5,409,268$ 437,617$ 8.1%

REVENUES
Parklet Fee -$ 44,298$ (44,298)$ -100.0%
Parking Citations 598,536 624,165 (25,629) -4.1%
Interest Earnings 183,460 112,785 70,676 62.7%
Rents & Leases -3,396 (3,396) -100.0%
Parking Kiosks/Meters 2,579,868 1,833,914 745,954 40.7% Parking Permits 5,091 6,844 118,239 -104.5%
Miscellaneous Revenue (4,002) (113,148) (2,516,255) -100.2% TOTAL REVENUES 3,362,953$ 2,512,253$ (1,654,710)$ 33.9%

EXPENDITURES
Salaries & Wages 181,728$ 196,184$ (14,455)$ -7.4% Benefits 59,771 54,251 5,520 10.2%
Purchased Professional Services 3,562 3,463 99 2.9% Other Purchased Services 13,126 70,727 (57,602) -81.4% Operations and Maintenance 89,215 30,793 58,422 189.7% Other Expenses 320,120 374,174 (54,054) -14.4%
TOTAL OPERATING EXPENSES 667,521$ 729,592$ (62,070)$ -8.5% NET INCOME / (LOSS) As of June
30, 2023
2,695,432$ 1,782,662$ 912,770$ 51.2%
One-time Expenditures 2,846,670$ 238,551$ 2,608,119$ 1093.3% June 30, 2024 Ending Fund
Balance
5,695,646$ 6,953,378$ (1,257,732)$ -18.1% Carryforward One-time projects 4,003,261$ 3,733,906$ 269,355$ 7.2% June 30, 2024 Available Ending
Fund Balance
1,692,386$ 3,219,472$ (1,527,087)$ -47.4% FY 2024 Available Ending Fund Balance is an estimate until revenues and expenditures are final and audited.

Council Agenda 7-16-2024 9.E-1
Packet Page 30

As shown in Table 1, the preliminary estimate of revenues of the Parking Enterprise Fund at the end of the fourth quarter of FY 2024 (ending June 30, 2024) totaled $3,362,953 which is 33.9% greater parking revenue compared to the same period in FY 2023. This increase is largely due to increases in parking rates and occupancy and interest earnings.

Operating expenses at the end of this same period, which include personnel costs, operating expenses, and contract services, totaled $667,521, which is 8.5% less than operating expenditures through the fourth quarter of FY 2023. The projected net operating income (revenues less operating expenses) through the fourth quarter of FY 2024 is $2,695,432. After accounting for one-time expenditures of $2,846,670, the projected ending balance of the Parking Enterprise Fund at the end of the fourth quarter is $5,695,646.

In addition to the ongoing expenses, there are one-time budgeted costs of $6,849,931 for one-time projects. These projects include $4,000,000 to support the parking functions and related public safety support of parking functions associated with and located within the Public Safety Facility project; $1,305,496 for the purchase of parking inventory; $1,159,056 for the Police Department Parking Division Substation; $291,884 for additional parking meters; $88,398 for the Addie Street Parking and Access Improvements project; $4,000 for a radio system upgrade and reliability project; and $1,097 for other projects. After considering these one-time costs of $2,846,670 and carrying forward the $4,003,261 remaining project balances to the next fiscal year, the projected available fund balance is $1,692,386.

Parking Initiatives
The paving project in the Price Street area commenced on April 8, 2024, and includes construction of a center median on Price Street between Bay Street and Pomeroy Avenue and installation of parking meters in this same area including the adjacent stub streets.

Installation of parking meters will occur in the first quarter of Fiscal Year 2025. The City Council authorized the purchase of the parking meters on January 17, 2023.

On April 24, 2024, the Parking Advisory Committee (PAC) discussed possible changes to the downtown parking requirements, including options for updating the structure of the parking in-lieu program. The PAC specifically discussed the following parking related initiatives:

1. Reduce in-lieu parking fee to $9,000.00 per space, or tie the parking in-lieu reduction to a limited time period.

2. Planning Commission to make hardship interpretations that maximize flexibility when granting a higher percentage of spaces for use of the in-lieu fee.

3. Reduce parking requirements for commercial uses or mixed-use commercial/residential.

4. Allow in-lieu fee to cover 100% of the parking requirement, meaning a property owner could pay in-lieu fees for 100% of the required parking spaces. Can only buy 30% of required parking spaces under current policy.

5. Establish parking maximums, in addition to parking minimums in the zoning code.

6. Include off-site parking as an option to satisfy requirement.

Council Agenda 7-16-2024 9.E-2
Packet Page 31

7. Invest in-lieu funds toward a public parking structure, or additional public parking facilities.

8. Allow reduced parking requirements for projects that include senior housing or workforce housing in areas zoned for mixed use on upper floors.

9. Create policy in zoning code that doesn’t trigger parking requirements in the downtown for a change in use.

The PAC provided consensus on items 1, 2, 5 & 9, shown in italics above, and requested some additional information in relation to item 4, which will be going back to the PAC on July 24, 2024. Staff will return to the Council with an item reflecting the direction provided by the PAC after the July 24th meeting.

FISCAL IMPACT:

There is no fiscal impact from staff’s recommendation. Fiscal impacts from parking revenues and expenditures are outlined in the above report.

Prepared by:

Nadia Feeser, Administrative Services Director
Scot Graham, Community Development Director
Jeff Smith, Police Chief
Submitted by: Scot Graham, Community Development Director City Manager Approval:

Council Agenda 7-16-2024 9.E-3
Packet Page 32

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.F
Meeting Date: July 16, 2024
TITLE:

Purchase of a Dulevo D3 Sweeper Vehicle
RECOMMENDATION:

Adopt a Resolution authorizing the purchase of a Dulevo D3 Sweeper vehicle from Nixon-Egli Equipment Company in the amount of $245,424.13, and making related budget adjustments.

DISCUSSION:

One of the City Council’s top goals is to “build on the strength of our local community to preserve the City’s ‘Classic California’ charm and ensure an exceptional quality of life for residents.”
One of the most highly utilized areas is the Pier Plaza, which has led to assigning one full-time Maintenance Worker to be the “Pier Plaza Attendant.” This employee operates the “scrubber,” eliminates trash in the Pier Plaza, keeps the tables clean, and when time permits, ensures that the Pismo Pier and Boardwalk are clean and free of trash, stickers and other debris.

In order to more effectively clean the Pier Plaza area, staff contacted Nixon-Egli Equipment Co. (Nixon-Egli) and arranged for a demonstration of the Dulevo D3 Sweeper.

This sweeper can be utilized to keep the Pier Plaza clean. Staff determined that this sweeper would meet the needs of the city and would be an important piece of the equipment used to maintain our level of service. Nixon-Egli has provided a quote for the sweeper (cost proposal provided as Attachment 1.A) under a Sourcewell cooperative government purchasing agreement #093021-FAY (Attachment 2). The City’s Purchasing Policy authorizes “piggyback” purchases such as this one upon recommendation of the City Manager. The current lead time is approximately 5-6 months.

Conclusion and Recommendation
Staff recommends the City Council adopt a Resolution (Attachment 1) authorizing the purchase of a Dulevo D3 Sweeper in the amount of $245,424.13 from Nixon-Egli Equipment Company.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution (Attachment 1) is $245,424.13 from the Lodging Business Improvement District (LBID) Fund in Fiscal Year (FY) 2025.

The use of LBID Fund physical improvements budget is supported by the Conference Visitors Bureau / LBID Advisory Board. Staff recommends that Council appropriate $245,425 in the FY 2025 LBID Fund from the physical improvements budget to support this cost.

Equipment Cost
Council Agenda 7-16-2024 9.F-1
Packet Page 33

Dulevo D3 Sweeper $225,451.63
Sales Tax $17,472.50
Freight $2,500.00
Total $245,424.13
ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Nixon-Egli Quote

2. Sourcewell Contract #093021-FAY
Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

Council Agenda 7-16-2024 9.F-2
Packet Page 34

RESOLUTION NO. R-2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE PURCHASE OF A DULEVO D3 SWEEPER

VEHICLE FROM NIXON-EGLI EQUIPMENT COMPANY IN THE AMOUNT OF $245,424.13, AND MAKING RELATED BUDGET ADJUSTMENTS
WHEREAS, the Public Works Department strives to provide an exceptional level of services by maintaining clean City facilities; and
WHEREAS, one of the most highly utilized areas is the Pier Plaza; and WHEREAS, in order to more effectively clean the Plaza area, staff obtained a quote from Nixon-Egli for the purchase of a Dulevo D3 Sweeper vehicle under a Sourcewell cooperative government purchasing agreement #093021-FAY and the City’s Purchasing Policy authorizes “piggyback” purchases such as this one upon recommendation of the City Manager; and
WHEREAS, staff determined that this sweeper would meet the needs of the City and would be an important piece of the equipment used to maintain the desired level of service; and
WHEREAS, the Lodging Business Improvement District Fund physical improvements budget has funds available to support this purchase, which is supported by the Conference Visitors Bureau / LBID Advisory Board.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the purchase of a Dulevo D3 Sweeper in the amount of $245,424.13 from Nixon-Egli Equipment Company (quote provided as Exhibit A).

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $245,425 in the Lodging Business Improvement District Fund physical improvements budget in capital outlay machinery and equipment in Fiscal Year 2025 to support the purchase of the Delvo D3 Sweeper.

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 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 7-16-2024 9.F-3
Attachment 1
Packet Page 35

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 7-16-2024 9.F-4
Attachment 1
Packet Page 36

www.nixon-egli.com
SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 • (909) 930-1822 • FAX (909) 923-2356 NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 • (209) 830-8600 • FAX (209) 830-8884 City of Pismo Beach May 1, 2024
760 Mattie Road
Pismo Beach, CA 93449
Attention- Jorge Garcia
Quote# 100872
Reference- Dulevo D3 Street Sweeper
Dulevo Sourcewell Contract# 093021-FAY
We are pleased to quote you a Dulevo D3 equipped as follows:

Standard Unit:
•Hydraulic Traction with Variable Pump and Hydraulic Motor Directly Connected to The Rear Differential
•Hydraulic Two Steering Wheels System
•Type Approved Lighting System with Reverse and Fog Lights •Two Seats (Driving on The Right) Pressurized Cab Equipped with Filtering System, Heating and Safety Belts
•Sweeping System Made Up of Hydraulically Adjustable Central Cylindrical Brush, Left and Right-Hand Side Brushes and Vertical Blades Conveyor
•Hydraulically Controlled Suction Turbines, Cotton – Polyester Filtering System and Hydraulic Filter Shaker
•Belt Conveyor with Washing System (Hydrant Connection) •Fixed Rear Slide
•Working Hour Counter
•Speedometer With Total Km and Working Odometer
•Air Conditioning System
•Rear-View Color Camera
•Safety Belts
•Working LED Lights on The Brushes, LED Flashing Lights and Rear Lights •Hydraulic Opening Door Operated from The Cab
•Container Inspection Door
•MAXI EQUIPMENT
•360° CAMERA
•MANUAL GREASING WITH PUMP
•ELECTR.CONTR.+HEATED MIRRORS
•HIGH PRESSURE WASHING SYSTEM
Council Agenda 7-16-2024 9.F-5
Attachment 1.A
Packet Page 37

www.nixon-egli.com
SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 • (909) 930-1822 • FAX (909) 923-2356 NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 • (209) 830-8600 • FAX (209) 830-8884 Current Lead Time is 5-6 Months ARO
This Quote is Valid for 30 Days
Thank you for the opportunity to quote on your equipment needs. If you have any further questions, please feel free to contact me.

Sincerely,
NIXON-EGLI EQUIPMENT CO.

Christian Velasco
Christian Velasco
Municipal Area Manager
Unit Price: $237,317.50
Additional Dealer Discount 5%: -11,865.87
Sales Tax (San Luis Obispo County 7.75%): $17,472.50
Outbound Freight: $2,500.00
Total Price: $245,424.13
Council Agenda 7-16-2024 9.F-6
Attachment 1.A
Packet Page 38

093021-FAY
Rev. 3/2021 1
Solicitation Number: RFP #093021

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and RAVO Holding BV, dba FAYAT Environmental Solutions Americas, 20 Montesano Road, Fairfield, NJ 07004 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A.EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B.EXPIRATION DATE AND EXTENSION. This Contract expires November 16, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C.SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A.EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# 093021-FAY
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B.WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C.DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A.SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-7
Attachment 2
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093021-FAY
Rev. 3/2021 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B.SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C.HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# 093021-FAY
Rev. 3/2021 4
x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A.PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B.PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A.ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-8
Attachment 2
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093021-FAY

Rev. 3/2021 5

contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# 093021-FAY

Rev. 3/2021 6

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-9
Attachment 2
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093021-FAY

Rev. 3/2021 7

by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-10
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-11
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# 093021-FAY

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-12
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-13
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C.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D.RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E.CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F.DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# 093021-FAY
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G.BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H.RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I.ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J.BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K.ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L.PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-14
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell RAVO Holding BV, dba
FAYAT Environmental Solutions Americas

By: __________________________ By: __________________________ Jeremy Schwartz Patrick Westenhoff
Title: Chief Procurement Officer Title: Managing Director

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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RFP 093021 - Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies

Vendor Details
Company Name:FAYAT Environmental Solutions Americas
Does your company conductbusiness under any other name? If yes, please state:

RAVO / Mathieu / Scarab
Address:
20 Montesano Rd
Fairfield, New Jersey 07004
Contact:Cees van der Put
Email:[email protected]
Phone:262-725-4210
Fax:6-616-7616
HST#:

Submission Details
Created On:Monday August 23, 2021 06:20:27
Submitted On:Thursday September 30, 2021 11:47:19
Submitted By:Cees van der Put
Email:[email protected]
Transaction #:1787e7d3-5f81-449f-90c2-317d96663d8f
Submitter's IP Address:87.214.7.141
Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation).

Line
Item Question Response *
1 Proposer Legal Name (one legal entity only): (In the event of award, will execute the resulting contract as "Supplier") RAVO Holding BV *
2 Identify all subsidiary entities of the Proposer whose equipment, products, or services are included in the Proposal.

RAVO BV, Mathieu SA *
3 Identify all applicable assumed names or DBA names of the Proposer or Proposer's subsidiaries in Line 1 or Line 2 above.

Fayat Environmental Solutions Americas *
4 Proposer Physical Address: 20 Montesano Rd,
Fairfield, NJ 07004
United States
*
5 Proposer website address (or addresses): www.ravo.fayat.com * 6 Proposer's Authorized Representative (name, title,
address, email address & phone) (The representative must have authority to sign the “Proposer’s Assurance of Compliance” on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract):

Patrick Westenhoff
Managing DirectorOtterkoog 1
1822 BW The [email protected]
+31 6 82 84 38 57
*
7 Proposer's primary contact for this proposal (name, title, address, email address & phone):

Cornelis van der Put
Sales Manager20 Montesano Rd, Fairfield, NJ 07004, United States 262 725 4210
[email protected]
*
8 Proposer's other contacts for this proposal, if any (name, title, address, email address & phone):Michael NelsonGeneral Manager 20 Montesano Rd,
Fairfield, NJ 07004United States
(732) [email protected]
Table 2: Company Information and Financial Strength
Line
Item Question Response *
Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-16
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9 Provide a brief history of your company, including your company’s core values, business philosophy, and industry longevity related to the requested equipment, products or services.

RAVO, the inventor of the compact vacuum streetsweeper
Since 1964, RAVO has produced high-quality street sweepers for customers all over the world.

Worldwide RAVO has delivered already over 17,000 RAVO 5 and 5 iSeries sweepers to customers including Berlin, Rome, Amsterdam, Barcelona, Dubai, Greenland, and can now be found in more and more North American cities as well. Portland, Boston, Montreal, San Francisco, San Diego and Vancouver to name a few. The RAVO 5 iSeries is built according to Dutch quality standards, focusing on robustness, superior technology and innovative design.

Its compact vacuum street sweepers deliver at all levels, with their incredible uptime, fuel savings compared to truck-mounted sweepers, designs with operator's comfort in mind and their state-of-the-art build quality. The RAVO 5 iSeries was developed to clean a street in one pass, no matter which season it is and what the condition are. It is perfect for urban or rural areas, sand or leaves, desert heat or arctic cold, downtown areas, suburbs or bicycle lanes. Every RAVO is standard equipped with an ergonomically designed cabin that includes an adjustable steering column and air conditioning.

Additionally, each RAVO comes with a powerful Cummins engine and Linde hydraulics. With a stainless-steel container that has a volume of up to 6.4 cubic yards real usable volume and a loading capacity of 12,125 Lbs and a GVW of 25,125 Lbs, the RAVO 5 iSeries is extremely maneuverable and has a turning circle of just over 16 ft curb to curb. Its unique pulled brush system uses constant brush pressure that extends the brush life by 50 percent and is maintenance friendly — no greasing required. In fact, there are only 15 greasing points on the whole machine. Its hydraulic front suspension also comes with an automatic leveling system.

RAVO supports customers to find solutions for modern-day issues, whether that is lowering noise emissions or producing a sweeper that sweeps and washes simultaneously.

Customize to fit needs RAVO offers a wide range of options to customize the RAVO 5 iSeries, catering to many different needs and situations. Standard dumping height is 3.3 ft and optional 5.3 ft to dump directly in a container. The machine comes standard with a heavy-duty package which includes a coated suction line and borium fan designed to extend its lifetime when working under the heaviest conditions. The front broom option increases the sweeping width of the RAVO 5 iSeries and allows drivers to clean pavements, shoulders and street gutters more efficiently. Combine this option with the weed cutter broom and you have an environmentally friendly way to remove weeds. The third broom can be equipped with a quick release feature, which shortens the removal or installation time to less than 5 minutes. Other options include the high-pressure water pump to clean the inside of the container, broom and suction system or street furniture and independent broom lifting, which can reduce broom wear.

The Swasher installation allows drivers to sweep and spray roads and sidewalks in just one go. Water recirculation doubles your action radius and reduces dust emissions at the same time. The optional suction hose mounted on top with a 360 degrees rotation is perfect for sucking up piles of leaves, but also emptying gutter drains and waste bins. The silent package, meanwhile, can reduce the noise level of the RAVO 5 iSeries by 15 percent.

A preferred partner
RAVO's US based service office and parts supply and nationwide distributors network allows it to provide high-standing service to its fast-growing customer base in North America with over 500 sweepers delivered in the past 7 years.

RAVO stands by the quality of its product and offers a standard warranty of two years or 2,000 hours with every sweeper that leaves its factory. On top of that, RAVO also offers a five-year warranty on the container and chassis.

Since RAVO wants to be as close to its customers as possible we opened up our 100% owned subsidiary in New Jersey where we keep machines in stock. It also includes a parts warehouse, trainings centre, sales and after sales helpdesk and it is the base for our field technicians. We intend to expand this further over the years to proof to the market that we are a solid and reliable partner. *
10 What are your company’s expectations in the event of an award?
We expect to further grow our sales in North America. Since being awarded the Sourcewell contract 3 years ago we have seen an increase in sales especially through Sourcewell. We expect this trend only to further continue. *
11 Demonstrate your financial strength and stability with meaningful data. This could include such items as
financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters.

Upload supporting documents (as applicable) in the document upload section of your response.

Please see the company's annual reports over the past 5 years in the attachement section. *
12 What is your US market share for the solutions that you are proposing?RAVO 5 iSeries: 90% in the compact vacuum sweeper segmentMathieu MC210: 80% in the sub compact vacuum sweeper segment Mathieu MC110: 15% in the mini compact vacuum sweeper segment *
13 What is your Canadian market share for the solutions that you are proposing?RAVO 5 iSeries: 92% in the compact vacuum sweeper segmentMathieu MC210: 90% in the sub compact vacuum sweeper segmentMathieu MC110: 20% in the mini compact vacuum sweeper segment *
14 Has your business ever petitioned for bankruptcy
protection? If so, explain in detail.

No *
Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# 15 How is your organization best described: is it a
manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization.a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned?b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? B) We as RAVO are a manufacturer based in The Netherlands but operating in North America through our fully owned New Jersey based company Fayat Environmental Solutions Americas (FESA). All people (sales and service) working for either RAVO or FESA are fully employed by RAVO and FESA.

We sell through our exclusive privately owned dealer network consisting out of 13 dealers having a total of 31 locations in North America. An overview can be found in the attachment section of the bid. With most have demo we have a relationship since many years since we value continuity and consistency in our business operations. We have chosen for this setup since we believe that in this way we can offer our final customers the best possible service for their equipment. We are there to fully support our dealer network and if required our final customers with both our sales and after sales team. We train all our dealers at least once a year or more when required.

All our dealers have been carefully selected based on their capabilities to deliver service to end customer. We are in close touch with many end customers to make sure they receive the service they require.

All our dealers are required to have a sufficient parts stock at their premises to service the fleet out there in the field. If additional support is required we have a 24 hour delivery parts service out of our warehouse in New Jersey. *
16 If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP.

None
*
17 Provide all “Suspension or Debarment” information that has applied to your organization during the past ten years.

None *
Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
18 Describe any relevant industry awards or recognition that your company has received in the past five years
RAVO is fully ISO 9001:2015 and ISO 14001:2015 certified. * 19 What percentage of your sales are to the
governmental sector in the past three years
We sell to dealers who then sell to governments. The percentage of sales to governments is around 85% of our overall sales. *
20 What percentage of your sales are to the education sector in the past three years The percentage of our sales to the educational sector (colleges, universities an highschools) is around 5% * 21 List any state, provincial, or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? We don't hold any contracts as a manufacturer but our dealers do. They hold the following with the total percentage of sales nationwide through these contracts listed behind them:
1) NC Sheriffs' Association Contract (4%)2) Washington State Contract (5%)3) Minnesota State Contract (1%) 4) Keystone Purchasing Network Contract (8%)
*
22 List any GSA contracts or Standing Offers and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years?
We are currently on the Sourcewell contract through our dealer Atlantic Machinery. The sales volume through the Sourcewell contract has been the following:2019 10 units with a total value of 2,218,839 USD 2020 7 units with a total value of 1,463,504 USD2021 11 units with a total value of 2,682,190 USD Total 28 units with a total value of 6,364,533 USD
*
Table 4: References/Testimonials
Line Item 23. Supply reference information from three customers who are eligible to be Sourcewell participating entities.

Entity Name *Contact Name *Phone Number *
Albany NY Sergio Panunzio 518 434 2489 *
Greensburg KS Mike Hayes 620 723 2751 *
Yonkers NY Tom Tiedemann 914-377-6717 *
Tom's River NJ Mike Grekowski 848-992-1951
Rutgers Newark NJ Yohanna Alcantara 973-353-1177
Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-17
Attachment 2
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Table 5: Top Five Government or Education Customers
Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.

Entity Name Entity Type *State / Province *Scope of Work *Size of Transactions *Dollar Volume Past ThreeYears * City of Montreal Government QC - Quebec City Sweeping Total RAVO Fleet is 14 Sweepers and 3 Mathieu MC210 Sweepers

2.2 Million USD *
City of
Philadelphia
Government Pennsylvania - PA City Sweeping Total RAVO Fleet is 7 units 1.96 Million USD * Jersey City Government New Jersey - NJ City Sweeping Total RAVO Fleet is 8 units 2.3 Million USD * City of Toronto Government ON - Ontario City Sweeping Total RAVO Fleet is 1 unit Total Mathieu MC210 fleet is 6 unitsTotal Mathieu MC110 fleet is 5 units

1.5 Million USD
*
Quebec City Government QC - Quebec City Sweeping Total RAVO Fleet is 9 units 700 Thousend USD * Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.

LineItem Question Response *
25 Sales force. Our sales force consist out of 3 factory representatives and around 50 salesmen working with our dealers. * 26 Dealer network or other distribution methods. We have 13 dealers in the USA with in total 25 branches covering the whole of the USA apart from Hawaii. In Canada we have 1 dealer with 5 branches covering the whole of Canada, the Maritimes included. A full overview of our dealer network can be found in the attachments. *
27 Service force. Our dealers are taking care of field service but in the rare case of an issue which the dealer cannot solve we can rely on our 2 field service support engineers based out of SC and NJ and as back up we can rely on 6 field service supoort engineers based out of the factory, *
28 Describe the ordering process. If orders will be
handled by distributors, dealers or others, explain the respective roles of the Proposer and others.

The customer will contact the dealer, for initial information, contract questions, and ordering item(s) with the support of FESA. The dealer will provide the customer with a quotation provided by FESA, meeting the Sourcewell Contract requirements. After the dealer will receive the customer Purchase Order, order the unit(s) from FESA who will fill the order, ship the order to the local dealer for pre-delivery inspection and test. Then the local dealer will deliver the unit, train on the unit and will invoice the item(s) to the customer. The local dealer will receive the proceeds of the sale in their prospective territory, this encourages contract participation, whereas FESA will report the sale to Sourcewell. FESA will remain the single source of contact for Sourcewell sale.We have chosen for this setup since we noticed that the current setup (one single point of contact for the whole of North America) is chasing away some possible customers who prefer doing business locally and have all the contact with their local dealer and therefore then prefer other contracts then Sourcewell. It must be mentioned that FESA will be in control of all processes. *
29 Describe in detail the process and procedure of
your customer service program, if applicable. Include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises.

We have with all our dealers tight contracts stipulating what we expect from them. We are in the business for over 55 years and have many big customers worldwide who have been returning customers for more then 30 years with some even since the beginning. Providing service is what makes the next sale.

Our dealers are commited to response within 24 hours however most do response within 12 hours. In order to be able to do so they can rely on our after sales desk at our premises in New Jersey but also the after sales desk at our factory. In this way we are able to contact us for 18 hours a day.

Apart from that all our new units are standard equipped with a telematics system through which the dealer and or the factory can remote view the unit if required and diagnose any issues from a distance and in this way saving time since the field technician will arrive fully prepared to sort out any issues with the machine.

We also operate a 24 hours accessible parts webshop for all our dealers through which they can order parts any moment of the day ( www.ravoparts.us) . In this was we can guarantee our 24 hours parts service and provide the right parts at the right moment.

Our company has an incentive program for dealers in terms of awarding the top 3 dealers in terms of service capabilities on our annual dealer meeting with various prices. Apart from increasing sales through delivering the best service this is another great way to keep them motivated. *
30 Describe your ability and willingness to provide your products and services to Sourcewell participating entities in the United States.

We are fully able and willing to provide our products and service to Sourcewell participating entities in the USA through our local privately owned dealer network. * 31 Describe your ability and willingness to provide your products and services to Sourcewell participating entities in Canada.

We are fully able and willing to provide our products and service to Sourcewell participating entities in Canada through our local dealer network owned by Cubex Ltd. * 32 Identify any geographic areas of the United States or Canada that you will NOT be fully serving through the proposed contract.

Hawaii pending dealer appointment for the state *
33 Identify any Sourcewell participating entity sectors (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? None
*
34 Define any specific contract requirements or restrictions that would apply to our participating entities in Hawaii and Alaska and in US Territories.

For Alaska there are no restrictions, For Hawaii we are actively in process of dealer recruitment for the state. Hawaii would be a challenge until such time a dealer is appointed. * Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-18
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Table 7: Marketing Plan
Line
Item Question Response *
35 Describe your marketing strategy for promoting
this contract opportunity. Upload representative samples of your marketing materials (if applicable) in the document upload section of your response.

All relevant marketing material will prominently display the Sourcewell Logo as well as the contract number for ease of customer information.

Electronic media campaign
As RAVO / FESA we actively promote our products through various sources of (social) media like LinkedIn and Worldsweeper.com for example. We will continue to do so and once we can renew our contract we will mention this in our electronic newsletter, our news section on our website but also social media. We have recently reinforced our marketing and communication team with a senior member enabling us to even more effectively approach the market and utilize the Sourcewell contract to its fullest. We also intend to develop a special section on our website describing the Sourcewell contract.

Paper media campaignWe regularly advertise in magazines and once the Sourcewell contract will be renewed we will place a special advert mentioning that we continue to be on the Sourcewell contract and pointing out the various benefits the contract offers.
(Local) Trade ShowsWe will actively encourage all dealers to make sure that it is noticeable when being present at a trade show that our products can be sourced through Sourcewell. We will provide banners and marketing materials like leaflets (please see the RAVO / Leasing 2 leaflet attached as a possible example) in order to do so.

End customer visitsAll our dealers are in the possession of demo units of our products. When making sales calls to arrange product demonstrations but also when the demonstration takes place we will make sure that the salesforce will mention that the products can be sourced through the Sourcewell contract and also hand out the special Sourcewell leaflet we will provide them with. *
36 Describe your use of technology and digital
data (e.g., social media, metadata usage) to enhance marketing effectiveness.

As RAVO we are very active on social media (LinkedIn, Facebook, Instagram), not only through the main company ourselves but also through the various sales managers working for the company. We have found out that LinkedIn has proven to be the most efficient way to reach our target decision makers. On average any item we post is reaching 5,000 people with exceptions up to 20,000 people for some posts. We are very selective in what we post and want every post to be essential, of value and to the point. These posts can include new product launches, maintenance advice, special campaigns or trade show presence as well as customer testimonials. When awarded the Sourcewell contract we will announce this in our Social Media as well and also run a refreshment post every now and then. We want the possibility to order our products through Sourcewell to stay on top of the mind of our customers. *
37 In your view, what is Sourcewell’s role in
promoting contracts arising out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process? We will activily promote our Sourcewell contract through our website but also the dealer's website. Apart from that we will make the sales force of the dealers aware of the Sourcewell contract and knowing that they are very keen to sell through Sourcewell and can eliminate the tender process they would be more than happy to sell through Sourcewell. *
38 Are your products or services available
through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it.

They are not yet.
*
Table 8: Value-Added Attributes
Line Item Question Response *
39 Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell participating entities. Include details, such as whether training is standard or optional, who provides training, and any costs that apply.

We do offer operator and maintenance training with every delivery done by our local dealer network. For bigger orders we can and will send someone from the factory as well. Operator's training is standard but can be extended against an extra fee as stipulated by the local dealer. Maintence training will be performed locally but there is also an option to have training at our facilities in New Jersey through the RAVO academy. The cost for training at the RAVO academy is 500 USD per person per day with a minimum group size of 2 people and a maximum group size of 8 people.

Furthermore we offer online training course as well for all our products as well operators manuals, workshop manuals and technical manuals free of charge with every machine we deliver. Also on our YouTube channel there is a section with videos on how to perform daily maintenance, cleaning and operation of the equipment.

All this is freely accessible since we value proper handling of our products and believe that after sales and training is essential for that. *
Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# 40 Describe any technological advances that
your proposed products or services offer.

As RAVO, we were the inventor the compact vacuum sweeping machine as we know it today. In the meantime our sweeper range has expanded and now has 3 models in the range of 1 Cubic Yard to 6.5 Cubic Yard hopper space. We pride ourselves in having produced and delivered over 16,000 RAVO 5 and 5 iSeries and our production capacity is increasing year over year.

Since our sweepers are pure vacuum sweepers they have a very high compaction grade and hence a high loading capacity allowing the customer to sweep longer before needing to unload. Furthermore all our machines are purpose build single engine machines resulting in lower fuel consumption, lower maintenance costs and a lower noise exhaust. Apart from that all our machines do standard meet the PM10 norm and 2.5PM is optional. The brooms are placed in front of the front wheels so the machine will sweep up anything before driving over it. Optional a third broom is available as well to clean curbs, road shoulders or to rip out weeds without using any toxics.

When it comes to safety and security we have very high standards. The cabins are low to the ground and have big glass surfaces, come standard with rear view and suction mouth cameras and 360 degree cameras are optional. The machines have a short wheelbase making the very maneuverable as well which increases driving comfort.

When it comes to maintenance, we only use the best quality components, offer stainless steel hoppers as standard and our broom carriages have 0 greasing points. The machine has only 16 greasing points in total which only need to be lubricated once a month.

We also have an electrically powered sweeper in our program and are the first ones worldwide to offer an electric sweeper in the 6.5 Cubic Yard class. Our smaller sweepers will be available in electric configuration in 2022.

Also our sweepers are exceptionally well suited to sweep bicycle lanes and over the years we can see an increasing demand in this segment. *
41 Describe any “green” initiatives that relate
to your company or to your products or
services, and include a list of the certifying agency for each.

In 2017 RAVO started a special taskforce within the company with the help of external consultants to make the company as environmental friendly as possible. This has resulted in the following initiatives:

Energy consumption
RAVO uses 100% green electricity from wind power for its factories and facilities. All its facilities have LED lights, windows in the roof of the factory have been made for more natural light and all areas are isolated to safe on heating. All these initiatives and combined with further streamlining of the manufacturing process have resulted in a reduction of CO2 emission per produced machine from 2 ton in 2016 to just under 1 ton in 2020 and we will continue to lower this.

Cradle to cradle
RAVO designs and builds all its product according to the cradle to cradle principle. For all new designs the REACH, ROHS and Global Automotive Declarable Substance List are checked in order to meet those. This has resulted in the phasing out of combined substances and materials meaning that the machine is for 97% completely recyclable when the machine ends its service life.

WasteAll waste created during the production process (oils, paper, wood, metal, etc.) is collected separately and is 96% recycled. All office waste (paper, plastic, etc.) is also collected separately and recycled.

Products
RAVO has been pioneering with the electrification of its 5 iSeries sweeper which was a project started in 2017 which has resulted in now the first 45 units have already been sold and delivered to final customers in Europe like Paris, Barcelona and Berlin but also to Montreal in Canada. The further launch of this model in North America will start in November 2021 via eSeries certified dealers only.

SuppliersAll our suppliers are requested to either be ISO 14001:2015 certified or in the process of getting this certification. Also when it comes to packaging RAVO requires its suppliers to avoid any waste or unnecessary packaging. RAVO is also sourcing more and more parts locally where possible reducing emission by transport. *
42 Identify any third-party issued eco-labels,
ratings or certifications that your company
has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life-cycle design (cradle-to-cradle), or other green/sustainability factors.

Certification
RAVO is ISO 14001:2015 certified. This certificate specifies the requirements for an environmental management system that an organization uses to enhance its environmental performance.

For other initiatives, please see the answer in box 41. *
43 Describe any Women or Minority
Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response.

In the Netherlands, these certifications don't apply however RAVO is actively approaching people with less opportunities on the job market and trying to find suitable positions for them within the company. Apart from that we work together with local schools to offer traineeships to students as well we do visit these schools and offer tours in the factory to show them what we are doing and hoping to get them onboard. We also are trying to have be all inclusive and are proud that we have 16 different nationalities working at our company. We are also trying to actively hire more women but this is unfortunately a slow process but over the past years their share in our workforce has increased considerably. *
Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-19
Attachment 2
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44 What unique attributes does your
company, your products, or your services offer to Sourcewell participating entities? What makes your proposed solutions unique in your industry as it applies to Sourcewell participating entities? As sweeper manufacturer we know sweeping and strive to work with final customers about what the best sweeping solution is for them. In terms of equipment but also in terms of sweeping routes, operation (fuel consumption), etc. We pride ourselves in being a partner for many customers listening to their needs and offer customized solutions. When we design new machines we include customers and operators as well in the process since we value their input.

As RAVO we are marketleader in the compact vacuum segment. We have developed many innovative customer solutions in the past and our latest are a fully electric version of the RAVO 5 iSeries: The RAVO 5 eSeries.

This product is unique to the market.

Another unique innovation is the RAVO Hygion PM2.5 particle dust filter. This filtration system filters all particles up to PM2.5 and even PM1.0 out of the air the sweeper exhausts and in that way contributes to a cleaner environment.

RAVO is also the only compact sweeper manufacturer who is able to offer a hydraulically operated wanderhose on its sweepers which can be used to clean out catch basins, bins, etc. Since it is hydraulically operated it is a lot lighter on the operators to operate making their life easier and also makes the 5 iSeries into a truly multifunctional sweeper which is great for smaller communities who don't have the funding for many different vehicles.
*
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.

Line Item Question Response *
45 Do your warranties cover all products, parts, and labor? Yes, with the exception of wear and tear parts * 46 Do your warranties impose usage restrictions or other limitations that adversely affect coverage?No, but the customer is required to follow the suggested maintenance schedule for the products * 47 Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs?Yes, up to 300 miles each way. * 48 Are there any geographic regions of the United States or Canada (as applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair?
Hawaii, until a local dealer has been appointed, service in Hawaii will be limited. *
49 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer?
Apart from the engine we cover all warranty. In case there is an issue with the engine manufacturer we also will cover the engine warranty. *
50 What are your proposed exchange and return programs and policies?
We don't have a fixed exchange or return program since so far we have never encountered a situation wherein this was required. We have always been able to sort out any issue to full satisfaction of the customer. *
51 Describe any service contract options for the items included in your proposal.Service contracts are offered by the dealers and normally dealt directly with by them since in many cases these are customized to the needs of the final customer. What we do offer are additional warranty options though (Extended warranty up to 4 year) *
Table 10: Payment Terms and Financing Options
LineItem Question Response *
52 Describe your payment terms and accepted payment methods?Our payment term is Net 30 days after delivery of the unit. Accepted payment methods are cheques or wire transfers. The Certificate of Origin for all equipment will be transferred to the customer after receipt of payment in full.
*
53 Describe any leasing or financing options available for use by educational or governmental entities.For leasing and financing we work together with a company ( https://leasing2.com/) specialized in local government equipment financing. They offer various financing options adjusted to the customer's needs. We are not quoting rates or terms for leasing, however it should be known to Members that we have this service available to them. We will also work with any leasing agency of Member's choice, especially leasing companies approved by Sourcewell. *
54 Describe any standard transaction documents that you propose to use in connection with an awarded contract (order forms, terms and conditions, service level agreements, etc.). Upload a sample of each (as applicable) in the document upload section of your response. - Order form- Terms of sale
- Order confirmation *
55 Do you accept the P-card procurement and payment process? If so, is there any additional cost to Sourcewell participating entities for using this process? We do accept P-card procurement for parts and services but not for the actual sweeping units. * Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.

LineItem Question Response *
56 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response.

For our 4 product lines (RAVO 5 iSeries, RAVO 5 eSeries, Mathieu MC110 and Mathieu MC210) we work with standard pricelists. On these pricelists the customer can tick which options he or she would require on the machine and in that way easily calculate the final price. All options have a unique SKU. * 57 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range.

We offer a 5% percentage discount from our MRSP pricelist on all of the items being proposed in this offer. It is a simple off the list price percentage calculation. However, this percentage could be higher upon the dealers' request. * 58 Describe any quantity or volume discounts or rebate programs that you offer.

We offer quantity discount in consultation with the dealer and final customer. These can vary from 1 to 3% *
59 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request.

Various customers might require additional items and / or options which are not avaialbe from the factory. These will be included in the quotation upon request of the dealer after having agreed upon these with the final customer. These could include items such as additional lights, wrapping of the machine, communication devices, etc. *
60 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.

The following costs are not included in the pricing submitted. These can be added to the quote by the local dealer upon consultation with the costumer should he require such items: - Locally installed non factory options upon request of the customer - PDI charges if applicable - Additional training on top of the standard offered training - Freight and Delivery: Freight costs will be pre-paid and added to the Members invoice. Small items will be, in most cases, delivered by UPS. Other freight carriers may be utilized in shipments, i.e. Federal Express, DHL and common carrier for truck freight. The actual cost of shipment will be passed thru to the customer. We will not mark up this item for profit. Minimal handling fees may be added where special packaging is required. The Member will be notified of these charges if applicable prior to order placement.- Federally Mandated Items: The cost of any federally mandated items will be passed on to the Member. Our pricing includes any federally mandated items that are mandated at the time of this proposal. Should there be a Federal Mandate after the date of this proposal, any cost incurred to meet the requirements of this mandate will be passed on to the member. Any costs applicable will be provided to the Member prior to any Purchase Order being issued. This fee would typically be charged to meet any future EFP standards that may arise. *
61 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.

The shipping process and method is done in consultation with the final customer but generally it exists out of the following: New build machine 1) The factory informs the importer (Fayat Environmental Solutions Americas – FESA) when the machine is ready for shipment 2) FESA books transport from the factory to the dealer3) Before transport a final machine check is performed4) The machine will be loaded in a container and transported to the port where it will be loaded onto a vessel5) The vessel arrives at the closest port to the dealer where the container will be loaded on a truck and transported to the dealer6) Upon arrival of the machine the dealer performs a machine check after the machine has been unloaded
7) If required local options will be installed on the machine8) Once finished the machine will be made ready for transport 9) The dealer performs a PDI of the machine10) The machine is transported by the dealer on a flatbed trailer to the customer
11) Upon acceptance of the machine a final check is done12) The machine is handed over including the invoice which includes the freight charges13) Upon payment the Certificate of Origin will be handed over Stock unit at the dealer1) The customer places the order 2) The dealer is informed 3) The dealer performs a PDI of the machine 4) The machine is transported by the dealer on a flatbed trailer to the customer5) Upon acceptance of the machine a final check is done6) The machine is handed over including the invoice which includes the freight charges7) Upon payment the Certificate of Origin will be handed over *
62 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery.We can ship and deliver anywhere in North America upon the customer's request and to Hawaii on a case by case basis until we have appointed a dealer there. * 63 Describe any unique distribution and/or delivery methods or options offered in your proposal.

We will deliver the machine through our dealer network at the final customer. * Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-20
Attachment 2
Packet Page 52

Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: *Comments 64 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. There is a 5% discount on the MSRP
Table 13: Audit and Administrative Fee
LineItem Question Response *
65 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.

We are in the process of hiring a person specially in charge who will be handling the main contact for all dealers handling the sales process. Since FESA will need to check all provided quotations from dealer to end customer under the contract guidelines, we are completely aware of each and every order and all the gathering of information is real time. All Sourcewell orders will be marked as such and tracked in a separate accounting system. We will also require a separate purchase order in reference to the contract. This process make it clear for all personnel to recognize that it is an Sourcewell contract sale. This makes the end of quarter reporting complete at the actual end of quarter.

As a secondary check, when FESA receives a payment for a unit, we verify the contract used in its purchase. This ensures the correct accounting for the sale on a second level.FESA will on its term be audited by RAVO as a double check. *
66 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract.As we currently are doing, we track our Sourcewell sales and compare these to our non Sourcewell sales. Our total sales is growing year on year but we have noticed that the percentage of sales through Sourcewell has increased as part of our total sales over the past 3 years. We intend to keep on doing so and are confident that we can grow our business even further through the Sourcewell contract since we are seeing more and more enthusiasm in the market for sourcing through the Sourcewell contract.

Apart from this we also keep track of the time it takes between the first contact with the customer and the actual sale. We noticed that this timing is significantly shorter when the customer is sourcing through Sourcewell than when he issues a tender. In our opinion this is a great benefit when selling through the Sourcewell contract as dealer but also manufacturer. *
67 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.) We propose an administrative fee of 1% due to the unique nature and makeup of the products that we intend to represent in this proposed Sourcewell contract *
Table 14A: Depth and Breadth of Offered Equipment Products and Services LineItem Question Response *
68 Provide a detailed description of the equipment,
products, and services that you are offering in your
proposal.

Purpose built compact vacuum sweepers, easy to maintain, economical in fuel consumption with the same capacities as a truck mounted sweeper. These sweepers are high on innovation and low on dust and noise pollution. Extremely maneuverable and very well suited for downtown but also suburb sweeping and bicycle lane, parks and side walk sweeping. Due to the multifunctionality of some of our models also very well suited for colleges and high schools. Products can be offered with either a diesel engine or a fully electric powered option via certified dealers.

Our product range includes:- Mathieu MC110 Sidewalk and parking lot sweeper - Mathieu MC210 Bicycle lane, downtown, park, and parking lot sweeper- RAVO 5 iSeries Street sweeper - RAVO 5 eSeries Electrically powered street sweeper (via certified dealers only) *
69 Within this RFP category there may be subcategories
of solutions. List subcategory titles that best describe your products and services. [Refer also to RFP Section II. B. 2 for potential subcategory descriptors.] Street sweepers, Sidewalk sweepers, Parking lot sweepers *
Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.

Line Item Category or Type Offered *Comments
70 Street, sidewalk, and parking lot sweeping and cleaning equipment
Yes
No
We offer various models all with their own
capabilities *
71 Runway sweeping and cleaning equipment Yes
No
However, our machines are in use for apron
cleaning at certain airports *
72 Litter, trash, and debris vacuums Yes
No
All models currently offered are vacuum sweepers and can remove these items via normal operation or use of the wanderhose option for smaller, hard to reach needs. *
73 Supplies and replacement or wear parts related to the solutions in Lines 70 - 72 above Yes No
We do provide parts but not through Sourcewell *
Table 15: Exceptions to Terms, Conditions, or Specifications Form Line Item 74. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.

Contract Section Term, Condition, or Specification Exception or Proposed Modification

Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.”
Pricing - 2022 FESA Sourcewell Pricing.xlsx - Tuesday September 28, 2021 06:46:45 Financial Strength and Stability - RAVO Annual Accounts 2015 - 2020.zip - Tuesday September 28, 2021 07:18:01 Marketing Plan/Samples - FESA RAVO Marketing Documents.zip - Tuesday September 28, 2021 08:00:19 WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - RAVO Warranty Terms.pdf - Tuesday September 28, 2021 06:49:36 Standard Transaction Document Samples - Toronto MC210 Purchase order April 2021.zip - Tuesday September 28, 2021 09:03:32 Upload Additional Document - FESA RAVO Certificates.zip - Tuesday September 28, 2021 09:14:33 Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-21
Attachment 2
Packet Page 53

Addenda, Terms and Conditions

PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:

1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.

2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.

3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.

4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired.

5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.

6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.

7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.

8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.

9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.

10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety.

Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.

11. Proposer its employees, agents, and subcontractors are not:

1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;

2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or

3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.

By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Cornelis Martijn van der Put, Export Sales Manager, RAVO Holding B.V.

The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.

Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.

Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.

File Name
I have reviewed thebelow addendum and
attachments (ifapplicable)
Pages
Addendum_2_Street_Sweepers_RFP_093021
Wed August 25 2021 07:12 PM 1
Addendum_1_Street_Sweepers_RFP_093021
Fri August 13 2021 02:49 PM 2
Bid Number: RFP 093021 Vendor Name: FAYAT Environmental Solutions Americas ,7190436Ā-6:25782Ā/,)Ā(+%,- "(Ȁ"!'"Ȁ$&(,Ȁ(-. Ȁ,#"*&*!&#&"# Council Agenda 7-16-2024 9.F-22
Attachment 2
Packet Page 54

PISMO BEACH CITY COUNCIL STAFF REPORT
TITLE:

Acceptance of Funding Award from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program
RECOMMENDATION:

BACKGROUND:

The California Highway Patrol (CHP) is a state agency charged with appropriating grant money associated with the Cannabis Tax Fund Grant Program (CTFGP). The CHP works closely with state and local agencies and other traffic safety stakeholders to actively address impaired driving. The CHP has considered a variety of factors in determining specific needs for each grant cycle, including opportunities and projects best suited to prevent loss of life, injuries, and property damage caused by driving under the influence of alcohol and/or drugs.

The purpose of the Cannabis Tax Fund Grant Program is to provide alternative funding sources to augment, but not supplant, current activities and programs. The CHP has allocated funds for the City of Pismo Beach in accordance with Title 13 California Code of Regulations (CCR) Sections 1890.05 through 1890.07, as determined by the CHP.

The funding provided is appropriated by the California State Controller’s Office, and all grants are awarded on a competitive basis.

For the first time, the Police Department applied for grant funding from the CHP through CTFGP to participate in this program. On June 6, 2024, the Police Department received notification of the approval of $119,319.28 in grant funding. The grant award will financially compensate overtime hours used by the Police Department to enforce impaired driving (DUI Saturation Patrols), Standardized Field Sobriety Test (SFST) Training, SFST Instructor Training, Advanced Roadside Impaired Driving Enforcement (ARIDE) Training, ARIDE Instructor Training, Drug Recognition Expert (DRE) Training, recertification training when applicable, and staffing backfill for the various trainings.

Additionally, the grant funding will allow the department to purchase additional Preliminary Alcohol Screening Devices.

Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the acceptance of grant funds in the amount of $119,319.28 from the California Highway Patrol Cannabis Tax Fund Grant Program, and appropriating $119,319.28 in grant Council Agenda 7-16-2024 9.G-1
Agenda Item #9.H
Meeting Date: July 16, 2024
Packet Page 55

revenues and $119,319.28 in various expenditures in the General Fund Police Department budget for FY 2024-2025. The award letter is provided as Attachment 2.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is an additional $119,319.28 of grant revenues and $119,319.28 of expenditures in the Fiscal Year (FY) 2025 General Fund Police Department budget, for a net $0 fiscal impact. This grant does not have a matching funds stipulation, nor are there any recurring costs.

If approved, staff recommends that Council appropriate the following in the FY 2025 General Fund Police Department Budget in the CHP CTFGP grant:

FY 2025 General Fund Police Department Proposed Budget Adjustments Revenues
State Government Grant Revenues $119,319.28
Expenditures
Overtime & Benefits $73,180.80
DUI Saturation Patrols 47,044.80
Staffing Backfill for Trainings 26,136.00
Travel & Meetings $43,583.48
ARIDE Corporal Training $1,410.40
ARIDE Officer Training 4,460.16
DRE Training 6,346.80
DRE Recert Training 705.20
SFST Training 4,460.16
SFST Instructor Training 7,052.00
Travel for Training 19,148.76
Minor Equipment $2,555.00
PAS Devices and Mouthpieces 2,555.00
Total Expenditures $119,319.28
Net Revenues less Expenditures $0.00
ATTACHMENTS:

1. Resolution

2. Award letter
Prepared by:

Chris Trimble, Commander
Submitted by: Jeff Smith, Chief of Police
City Manager Approval:

Council Agenda 7-16-2024 9.G-2
Packet Page 56

RESOLUTION NO. R-2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ACCEPTING GRANT FUNDS IN THE AMOUNT OF $119,319.28 FROM

THE CALIFORNIA HIGHWAY PATROL THROUGH THE CANNABIS TAX FUND GRANT PROGRAM, AND APPROPRIATING $119,319.28 IN GRANT REVENUES AND $119,319.28 IN VARIOUS EXPENDITURES IN THE GENERAL FUND POLICE DEPARTMENT BUDGET IN FISCAL YEAR 2025
WHEREAS, the California Highway Patrol works closely with state and local agencies and other traffic safety stakeholders to actively address impaired driving; and WHEREAS, the CHP is charged with appropriating grant money associated with the Cannabis Tax Fund Grant Program (CTFGP), the purpose of which is to provide alternative funding sources to augment, but not supplant, current activities and programs; and
WHEREAS, the Police Department applied for one of these grants and has been awarded the amount of $119,319.28; and
WHEREAS, this funding will allow for additional impaired driving enforcement and advanced training for officers to recognize impaired driving, to increase the level of public safety within the City of Pismo Beach by preventing loss of life, injuries, and property damage caused by driving under the influence of alcohol and/or drugs.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby accepts the grant funds in the amount of $119,319.28 from the California Highway Patrol through the Cannabis Tax Fund Grant Program.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $119,319.28 in State government grant revenues in the General Fund Police Department budget and $119,319.28 of expenditures (overtime, benefits, travel & meetings, and minor equipment) in the General Fund Police Department budget to reflect the CHP Cannabis Grant in Fiscal Year 2025.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 7-16-2024 9.G-3
Attachment 1
Packet Page 57

State of California -- Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916)843-3330
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 6, 2024
File No.: 060.15426.17369
Corporal Brian Hanson
Pismo Beach Police Department
1000 Bello Street
Pismo Beach, CA 93449
Dear Corporal Hanson:

On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Pismo Beach Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $119,319.28. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

All grant awards, including any adjustments to requested funding, were made by the Department based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations.

The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.

Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.

The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.

Sincerely,
K. M. DAVIS, Chief
Enforcement and Planning Division
Council Agenda 7-16-2024 9.G-5
Attachment 2
Packet Page 59

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.H
Meeting Date: July 16, 2024
TITLE:

Amendment #3 to the Agreement with Bureau Veritas North America Inc. for Building Division Services
RECOMMENDATION:

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, Amendment #1 to extend the term of the contract was executed under the City Manager’s authority on June 28, 2023, and Amendment #2 was approved by the Council on February 6, 2024. 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 include one Building Official, one Permit Technician, and one Inspector, which under the current workload is insufficient to keep up with the permit processing needs. The high volume of electronic submittals has created a need to augment plan check and permit processing services through use of Bureau Veritas for outside Permit Technician and plan check services.

Staff expects the demand for building permit plan review and inspection coverage to remain at current levels for the remainder of the fiscal year. The Council-approved fee structure supports the City’s full cost to provide these services, which are reflected in the Fiscal Year (FY) 2025 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 the City continues to provide the high level of service to which the community is accustomed.

Staff will perform an evaluation of the appropriate level of service of both contract and staff support for future consideration by the City Council. This amendment is only for the current fiscal year.

Council Agenda 7-16-2024 9.H-1
Packet Page 60

Conclusion and Recommendation
Due to current and anticipated volumes of submittals in the Building Division, 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 #3 (Attachment 1.A) to the Agreement with Bureau Veritas, which will allocate additional funding in the amount of $70,000 for these services.

FISCAL IMPACT:

The fiscal impact of adopting the Resolution approving Amendment #3 with Bureau Veritas North America Inc. is $70,000 from the General Fund Community Development Department Building Division Professional Services account in FY 2025, for a total contract amount of $310,000. 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 #3
Prepared by and Submitted by:

Scot Graham, Community Development Director
City Manager Approval:

Council Agenda 7-16-2024 9.H-2
Packet Page 61

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 #3 TO THE AGREEMENT WITH BUREAU VERITAS NORTH AMERICA INC. IN THE AMOUNT OF $70,000 IN FISCAL YEAR 2025 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, Amendment #1 to extend the term of the contract was executed under the City Manager’s authority on June 28, 2023, and Amendment 2 was approved by the City Council on February 6, 2024; 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 staffing level; 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) 2025 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 current and anticipated Building Division activity levels.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #3 (Exhibit A) to the agreement with Bureau Veritas North America Inc. for building permit plan check review, building inspection, and Permit Technician services in an amount of $70,000 in FY 2025, for a resulting contract total of $310,000.

Council Agenda 7-16-2024 9.H-3
Attachment 1
Packet Page 62

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 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

AMENDMENT # 3
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.Services shall be performed as set forth in the proposal dated December 15, 2022.

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 seventy thousand dollars ($70,000.00), without prior written approval of the City.

3.The revised fee under the December 15, 2022 contract, plus this amendment, is three hundred ten thousand dollars ($310,000.00).

4.The term end date of the agreement is hereby revised to June 30, 2025.

5.All other provisions of the December 15, 2022 Agreement for Professional Services between the City and Vendor shall remain in full force and effect.

CITY:

City of Pismo Beach, a Municipal Corporation
Signed:

Name: Scot Graham
Title: 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 7-16-2024 9.H-5
Attachment 1.A
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.I
Meeting Date: July 16, 2024
TITLE:

Agreement with Earth Systems Pacific for Special Inspection and Materials Testing Services Related to the Public Safety Facility
RECOMMENDATION:

DISCUSSION:

On July 18, 2023, the City Council awarded a contract for construction of a Public Safety Facility as part of the Council’s goal to enhance public safety service to the community.

Completion of the project requires special inspection and materials testing services to verify compliance with the project plans and specifications.

Staff solicited quotes from consultants for special inspection and materials testing services. Of the three consultants that staff identified as the only potential available consultants that could provide this service, only one consultant is able to provide these services. Since there is only one source for this service, Council is requested to approve the agreement as a sole-source procurement. Staff received a proposal from Earth Systems Pacific (Earth Systems) on June 12, 2024 (cost proposal provided as Attachment 1.A).

Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement with Earth Systems Pacific in the amount of $276,430 for Special Inspection and Materials Testing Services for the Public Safety Facility Project.

FISCAL IMPACT:

The fiscal impact of adopting the Resolution is $276,430 for Earth Systems Pacific services. Staff recommends that this cost be budgeted in the FY 2025 Capital Projects Fund Public Safety Facility project budget to support this agreement, supported by a transfer from the General Fund.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Earth Systems Cost Proposal

2. Professional Services Agreement
Council Agenda 7-16-2024 9.I-1
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Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

Council Agenda 7-16-2024 9.I-2
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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 EARTH SYSTEMS PACIFIC IN THE AMOUNT OF $276,430 FOR SPECIAL INSPECTION AND MATERIALS

TESTING SERVICES FOR THE PUBLIC SAFETY FACILITY PROJECT, AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2025 WHEREAS, on July 18, 2023, the City Council awarded a contract for construction of a Public Safety Facility as part of the Council’s goal to enhance public safety service to the community; and
WHEREAS, completion of the project requires special inspection and materials testing services to verify compliance with the project plans and specifications; and WHEREAS, staff solicited quotes from consultants for special inspection and materials testing services; and
WHEREAS, after soliciting quotes from three potential consultants, staff determined that only one consultant is capable of providing the required services, thereby making this a sole-source procurement.

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 Earth Systems Pacific in the amount of $276,430 for Special Inspection and Materials Testing Services for the Public Safety Facility project (scope provided as Exhibit A).

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $276,430 in the Fiscal Year 2025 Capital Projects Fund Public Safety Facility project budget, supported by a transfer from the General Fund, to support this agreement.

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 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 7-16-2024 9.I-3
Attachment 1
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Earth Systems Fee Breakdown
PROJECT:

DATE:

Hours/Units Rate Total
Senior Management/Quality Control 50 $230.00 $11,500.00 Project Management 200 $175.00 $35,000.00
Grading Observation and Testing - 2024 344 $145.00 $49,880.00 Special Inspection - 2024 224 $150.00 $33,600.00
Grading Observation and Testing -2025 136 $150.00 $20,400.00 Special Inspection -2025 560 $155.00 $86,800.00
Reporting and Document Posting 100 $125.00 $12,500.00
Compaction Tests (per test) 300 $10.00 $3,000.00
Mileage (per trip) 200 $21.25 $4,250.00
Laboratory Testing - Per Fee Schedule (Allotment) $15,000.00 DIR/ECPR Posting 50 $90.00 $4,500.00
$276,430.00ESTIMATED TOTAL
City of Pismo Beach - Public Safety Facility
June 11, 2024
Council Agenda 7-16-2024 9.I-5
Attachment 1.A
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Vendor Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES

This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Earth Systems Pacific (“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:

Special Inspection and Materials Testing Services for the Public Safety Facility Project

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. 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, 2025. 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 two hundred seventy-six thousand four hundred thirty dollars ($276,430), 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.

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B. Schedule of Payment

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

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

IV. TERMINATION OF AGREEMENT

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

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

V. FORCE MAJEURE

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

VI. RETENTION OF FUNDS

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

VII. CITY REPRESENTATIVE

The Engineering 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 Council Agenda 7-16-2024 9.I-6
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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 4 of 12
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any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

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

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

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

B. Non-design, construction Professional Services:

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

C. Design Professional Services:

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, Council Agenda 7-16-2024 9.I-7
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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, 6 of 12
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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 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 Council Agenda 7-16-2024 9.I-8
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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.

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

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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 Council Agenda 7-16-2024 9.I-10
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11 of 12
Vendor Agreement (Rev. 2/2/2018)
will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

XXVII. EXHIBITS

All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.

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

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

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

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

XXIX. INTEGRATION; AMENDMENT

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

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

Signatures begin on next page.

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

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Benjamin A. Fine, P.E.

Title: Director of Public Works/City Engineer
Dated: ________________________________

Signed:

Name: 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:

Earth Systems Pacific

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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June 12, 2024
Mr. Eric Eldridge
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
PROJECT: PUBLIC SAFETY FACILITY
1000 BELLO STREET

PISMO BEACH, CALIFORNIA
SUBJECT: Proposal for Special Inspection and Materials Testing Services Dear Mr. Eldridge:

As requested, we have prepared this proposal for special inspection and Materials Testing services during construction of the Pismo Beach Public Safety Facility. As shown in the project plans, the project will consist of constructing a new Police Department building, a renovation to the Fire Station, and a new Vehicle Storage building. The new structures are supported on Mat- slab foundations. The Police department is a structural steel building while the renovation is primarily conventional wood/light gauge steel framing. Additional improvements will consist of a Portland cement concrete (PCC) and hot mix asphalt (HMA) pavement, exterior pedestrian flatwork, underground utilities, and landscaping.

SCOPE OF SERVICES AND ESTIMATE OF FEES
This proposed scope of work is for materials testing and special inspection during construction of the planned improvements. The purpose of the special inspection services is to verify compliance with the project plans and specification. Based upon our understanding of the project, we have assumed that the following services will be necessary:
x Special Inspection and compaction testing during rough and fine grading operations x Compaction testing during trench backfill
x Foundation excavation observation
x Special inspection during concrete construction
x Post-installed anchor special inspection
x Special inspection during shop and field welding
x Special inspection during high-strength bolting
x Project management and report preparation

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Public Safety Facility 2 June 12, 2024
Pismo Beach, California
Grading special inspection and compaction testing will be provided during grading for the buildings and parking lot areas, on-site and public improvement utility trench backfill, pedestrian flatwork areas, retaining wall backfill, and other planned on-site and off-site improvements.

Foundation excavation observation will be performed for the building and site retaining walls to be supported by conventional foundations. Concrete special inspection services will be provided during the construction of the foundations, building retaining walls, and structural slabs. Shop and field welding, as well as high strength bolting special inspections will be performed for the structural steel framing. Inspection of post-installed anchors will be provided, where needed.

Engineering oversight, project management, and report preparation associated with these services will also be provided. We have assumed that we will be required to attend one pre- construction site meeting for the project and preparatory meetings for the major work elements, i.e. grading, concrete, and structural welding. We have assumed the Corebrace manufactured brace frames will not require special inspection from this firm. However, shop welding inspection has been included. Since the location of the fabricator is unknown at this time, we have assumed the fabricator is within San Luis Obispo County. We have also assumed the Inspector of Record will perform shear wall inspections as well as other typical building and piping inspections.

The total number of site visits within each inspection category have been estimated based upon our assumed duration of each construction task based upon our review of the project plans and details and experience on similar projects in the region; a detailed schedule was not available while preparing this estimate. Because this proposal was created based upon our estimated time frame for construction durations, it is important to review the assumed time frames and confirm they meet the project durations. We understand that the project is scheduled to begin in June 2024 and is expected to be completed by November 2025.

Our anticipated scope of services, including our estimated durations are as follows:

I. Grading Observation and Compaction Testing. We propose to provide special inspection of rough grading for the building pads, and compaction testing during rough and fine grading, trench backfill, and wall backfill. Observation of shallow foundation excavations is also planned. We have estimated rough grading operations to have a one-month duration. During this time, we have included an average of 6 hours per day. We have estimated utility installation including will require 26 days for testing with an average of 4 hours per day. We have estimated another 34 days for fine grading and wall backfill, also with an average of 4 hours per day. In-place densities and moisture contents will be determined using nuclear test methods (ASTM D 6938). Laboratory maximum dry density tests (ASTM D 1557) will be used to determine percent relative compaction. We have assumed eight different materials will be utilized as compacted fill, wall backfill, aggregate base, and utility trench backfill. We have assumed that compaction testing of hot mix asphalt will not be required. We have included periodic site visits by the supervising engineer during mass grading operations as well as oversight of the grading observation.

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Public Safety Facility 3 June 12, 2024
Pismo Beach, California
II. Concrete Special Inspection, Sampling and Testing. We have included concrete special inspection and sampling for the structural concrete including the foundations, structural slab, concrete decks, and retaining walls. As part the concrete inspection, we will perform inspection of the reinforcement prior to the concrete placement. The time required for the reinforcement inspection will depend upon the amount of reinforcing to be inspected; we have assumed 4-hour inspections for smaller concrete placements like elevator pits and retaining walls and multiple days of inspection for larger foundation placements. We have included concrete inspections at 4- and 8-hour increments, depending upon what is being constructed.

We have included sampling and compressive strength testing of one set of concrete cylinders per 150 cubic yards with a minimum of one set per day. One set of concrete cylinders is considered five 4x8 cylinders. Our staff on site will return the previous day’s cylinders to the lab when available, but we have included pickup and delivery of the cylinders on sixteen occasions during the week and six occasions on Saturdays for Friday concrete placements. We have assumed that a concrete mix design and aggregate tests will be provided by the supplier. We have assumed that cement tests will not be required and that the concrete mix designs, cement, and aggregates will be accepted by the architect/engineer based on the manufacturer’s certifications.

We have also included inspection during installation of post installed anchors which is detailed for the Fire Station and common for a project of this type and size. We have estimated twenty inspections will be required with an average of 4 hours per inspection.

III. Shop and Field Welding and Bolting Special Inspection. We have included special inspection of shop welding fabrication for the structural steel columns and beams. We have assumed 40 days of inspections with an average of 8 hours per inspection. Further, we have assumed all the shop fabrication will occur in San Luis Obispo County. If the shop fabrication occurs elsewhere, additional fees will be required to provide the inspection. Once the fabricator, or fabricators, is/are known, a more specific estimate can be provided. Special inspection of field welding and high strength bolting has also been included. We have assumed 24 days of inspection at an average of 6 hours per day. We have assumed tension control bolts or load indicating washers will be utilized.

IV. Project Management and Report Preparation. We have assumed typical project management and oversight of the special inspection. We have assumed that special inspector or project manager attendance at weekly project meetings will not be required.

We have assumed our special inspection services will occur over a duration of 50 weeks.

We have also included preparation of monthly grading reports including testing location maps.

Public Safety Facility 4 June 12, 2024
Pismo Beach, California
We have attached the Special Inspection and Materials Testing Fee Breakdown Worksheet for a detailed breakdown of the estimated fees associated with the scope detailed above. As stated previously, these estimates were generated based upon our assumptions related to the construction time frames associated with each scope section. Therefore, they should not be construed as maximums for any line item or the estimated total, rather a summary of our assumptions to determine our estimated fee for materials testing and special inspection services of $276,430.00.

CONDITIONS
The conditions of this proposal will remain in effect for a period of 120 days from the date of issue. Our technicians and inspectors will attempt, wherever practicable, to combine inspections or test multiple areas during site visits, in order to keep the final bill as low as reasonable.

However, as the presence of our personnel at the site will depend upon the contractor’s schedule and the progress of the work, the fees presented above are to be considered as estimates only and shall not be construed as guaranteed maximum fees. The invoices will reflect the time spent and services performed and may be greater or less than the estimated amounts.

This estimate is based on services provided during regular working hours (0700 to 1700), Monday through Friday. Services provided between 1700 and 0700 on Monday through Friday, and all- day Saturday, will be subject to an overtime rate at 1.5 times the regular rate. Services provided on Sundays and Holidays will be subject to a double time rate of 2.0 times the regular rate. All field inspections and visits will be subject to a 2-hour minimum charge, billed in 1-hour increments. Fees for laboratory tests include completion under a normal turnaround schedule; rush laboratory work will be subject to rush charges of 1.5 to 2.0 the stated fee depending upon the time frame required. The estimate does not include charges for services beyond what has been specifically noted above. Any services not listed herein will be charged in accordance with Earth Systems Pacific’s fee schedule in effect at the time of the service.

When testing services are required, this firm should be contacted a minimum of 24 hours in advance by the client or whom the client designates the responsibility for contacting this firm.

Our dispatch phone number is 805-544-3276 ext. 1. The client or client’s agent is to supply latest plans and specifications and notify us of any changes pertinent to the performance of testing and observations. Previously failed areas may be retested or reinspected after rework, if required.

Charges for retests or reinspection’s due to failing results or improper work, or when tests or inspections are requested but the contractor is not ready and does not cancel scheduled testing the day before will be billed at the hourly rates listed previously. This firm shall not be responsible for back charging contractors for retests or reinspection’s.

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Public Safety Facility 5 June 12, 2024
Pismo Beach, California
Routine project management has been included in the above estimate. However, please note that the above estimate does not include charges for additional meetings, plan reviews, site visits to address unforeseen problems, or other such services. Fees for such services will be charged at the Fee Schedule rates in effect at the time of the services request.

If the client finds the scope of work, terms, and estimated fees satisfactory, the return of a purchase order will constitute authorization for work to begin. This agreement can be terminated by either party upon notification in writing. Earth Systems Pacific’s responsibility for the project will end upon completion of the services described herein or termination of the agreement, unless authorization to perform additional work and agreement for payment thereof is provided by the client.

Based upon our current workload, the lead engineer will be the undersigned for the stated services. Thank you for your consideration of our firm for this project. If you have any questions or require additional information, please contact me at your convenience.

Sincerely,
Earth Systems Pacific
Robert Down, PE 70206
Senior Vice President
Attachments: Accounts Payable Information Request Form
Estimate Worksheet
Doc. No.: SLO-2406-030.PRP/pm
Earth Systems Fee Breakdown
PROJECT:

DATE:

Hours/Units Rate Total
Senior Management/Quality Control 50 $230.00 $11,500.00 Project Management 200 $175.00 $35,000.00
Grading Observation and Testing - 2024 344 $145.00 $49,880.00 Special Inspection - 2024 224 $150.00 $33,600.00
Grading Observation and Testing -2025 136 $150.00 $20,400.00 Special Inspection -2025 560 $155.00 $86,800.00
Reporting and Document Posting 100 $125.00 $12,500.00
Compaction Tests (per test)300 $10.00 $3,000.00
Mileage (per trip)200 $21.25 $4,250.00
Laboratory Testing - Per Fee Schedule (Allotment) $15,000.00 DIR/ECPR Posting 50 $90.00 $4,500.00
$276,430.00ESTIMATED TOTAL
City of Pismo Beach - Public Safety Facility
June 11, 2024

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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: July 16, 2024

TITLE:

Review of Information Technology (IT) Project Updates

RECOMMENDATION:

No action required; information only.

DISCUSSION:

This staff report provides the City Council updates on the status of the new Technology Master Plan, updates on completed or near completed key IT projects, and updates on customer service performance metrics of the City’s IT helpdesk.

Technology Master Plan
The five-year Technology Master Plan (TMP) was approved by the Council in November 2022. The TMP planning process captured all the various technology needs for the City for the next five years. It was developed by a consultant, who interviewed various Departments’ staff to determine needs, strategies, goals, and objectives. The TMP includes 43 initiatives that were prioritized by City staff, have estimated budgets, and were recommended to be funded and implemented over five and half years from fiscal year (FY) 2023 to FY 2028. Details on the progress of the FY 2024 TMP projects are provided below, followed by a list of projects scheduled and funded for FY 2025.

FY 2024 Projects
 User Training and Support – IT staff coordinated a comprehensive 10 weeks of end-user training program. Utilizing surplus computer equipment, IT established a 12-person computer classroom in the City Hall employee breakroom, enabling high- value, hands-on training sessions. The training environment also facilitated small workshops and informal training sessions upon request. Half-day classes were offered that covered Microsoft Office applications, Adobe Acrobat, and Laserfiche.

IT collaborated with the training provider, Software Solutions, to create customized SharePoint and office file management training, specifically tailored to the City’s implementation of SharePoint and file management practices. These customized hands-on classes received excellent feedback for their value to staff. IT also worked with the City’s Laserfiche value added reseller to customize the Laserfiche training to the City’s Laserfiche environment and key functionality used in the City’s workflows and electronic forms.

 Microsoft SharePoint – The City moved all non-Police working files and department drives to SharePoint. In the event of an emergency, this provides staff with access to their documents from any internet connected computer. It also provides increased sharing and collaboration capabilities. The City now has an intranet site providing easy access to electronic resources for staff.

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 Server Upgrades and Replacements – The City has successfully completed the replacement of its SCADA servers, which are essential for the Utilities division to remotely control and supervise the City's water and wastewater systems. This upgrade also enhanced the alarm system for Utilities, resulting in a more modern, robust, and reliable setup.

New servers and a storage system for the Police Department have been installed, with IT planning to complete the migration of Police's virtual servers to the new hardware by the end of July 2024. Similarly, new servers for City Hall have been installed, and the migration of virtual servers to the new hardware is scheduled to be completed by the end of August 2024.

 Internet Bandwidth and Police VoIP Phone System Replacement – As part of the Public Safety Facility (PSF) migration, IT installed new fiber circuits to connect the temporary facilities at 330 Main St. and the Bello Veterans’ Hall. This also required upgraded internet capability at City Hall. These upgraded capabilities were necessary to provide for the Police Department to be split up over multiple facilities.

IT also migrated the Police Department into the Microsoft Teams Phone System used by the rest of the City. This migration provided Police increased functionality for its phones and made it possible for IT to phase the migration of staff to the temporary facilities.

 Police Body Cameras and Video Management System – IT deployed new body cameras and a new cloud-based video management system for the Police Department. The new body cameras are slightly thinner and provide more functionality. The cloud-based video management system provides increased data protection for the video and increased ability to electronically share the videos with outside agencies. The previous system required hand-delivering flash drives with the videos to the District Attorney’s Office.

 Police E-Citations – Due to the PSF migration, this project needed to be delayed until the move was completed. Hardware has been purchased and will be deployed by the end of the month. Testing will start with the motorcycle officers in August 2024.

 Time and Attendance System – Earlier this year, the software vendor’s project manager assigned to the City’s project left the company. This delayed the project as a new project manager was onboarded and brought up to speed to ensure a smooth transition for staff. The current project schedule is for Finance to start rolling out the system by September 2024.

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FY 2025 Projects
 Multi-Factor Authentication
 Time and Attendance System
 Managed Detection and Response Solution
 Cybersecurity Incident Response
 Electronic Content Management and Record Retention
 Disaster Recovery Planning
 Police E-Citations
 Password Manager
 Police Scheduling and Time Tracking System
 Performance Dashboard
 Audit Logs and Log Management
 IT Security Assessment
 Additional Public Safety Surveillance Cameras

Highlights of Key IT Projects Completed in FY 2024
The highlights of the key IT projects include projects completed during FY 2024.

 Public Safety Facility Migration
Over the past year, the Public Safety Facility (PSF) migration has been the primary focus of the IT Division. To ensure meticulous attention to detail, IT issued a Request for Proposal (RFP) for a project manager to assist with the complex coordination required.

The migration of equipment and data services demanded extensive collaboration with multiple entities, including the City’s internet service providers (AT&T, Spectrum, Peak Wi-Fi), the County of San Luis Obispo network services, the San Luis Obispo County Sheriff’s Office, PG&E, the California Office of Emergency Services (Cal OES), NGA911, AT&T’s 911 services division, the City’s access control and security camera contractor, the radio systems contractor, and the City of Grover Beach.

Given that many critical data circuits and services enabling the public safety dispatch center are managed by external agencies—such as the County, state agencies, and PG&E—IT developed multiple contingency plans to ensure uninterrupted services and meet the City’s deadlines, even if external partners faced challenges.

 Emergency Operations Center (EOC) Relocation
The PSF project required that the City relocate the Emergency Operations Center (EOC) from the old Police station to City Hall. The previous EOC relied on sharing phone lines with other phones at the Police station. New phones dedicated to the EOC were installed at City Hall and the new phone numbers provided to the County EOC. IT coordinated with the County of SLO EOC and PG&E to move the emergency red phone circuits from 1000 Bello to City Hall. An additional TV and Council Agenda 7-16-2024 12.A-3
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mobile stand were also needed to allow the EOC to see the City’s surveillance cameras.

 Travel Forms and Purchase Orders and Agreements Form
IT is developing new electronic travel authorization and expense forms that will significantly enhance staff efficiency and effectiveness. These integrated forms allow users to enter data once, which is then automatically populated across both forms. This streamlined process ensures that the forms are routed to the correct approvers without the need for duplicate copies of forms and receipts.

Additionally, IT is in the process of introducing a new purchase order and agreements form, unifying the submission process for contracts and purchase order requests. This consolidation reduces onboarding time by merging two work processes into one. The new form also better-enforces the City’s purchasing policy, guiding users through all necessary steps and information for setting up new vendors.

These improvements will not only save time but also ensure accuracy and compliance, greatly benefiting overall staff productivity.

IT Help Desk and Survey Results
Every year, City staff sends out a survey to canvass City employees on the effectiveness of the City’s IT helpdesk. Staff Citywide can contact the IT helpdesk via phone, email, webpage form, or in person. This is the first year the City’s IT technician was primarily responsible for the IT help desk for the full year covered by the survey. Channel Islands Technology Integrators Group (CITIG) is still under contract for after-hours and tier 3 support. The IT Manager manages the IT technician, CITIG contract, and responds to helpdesk issues as needed. The City’s IT technician has been able to handle over 95% of the IT help desk tickets submitted.

Chart 1 shows IT received 47 complete survey results. This past year, survey respondents gave the City’s IT services an overall satisfaction rating of 98%. This is slightly higher than the 93% rating from the previous year.

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Conclusion and Recommendation
This year (FY 2025), staff are planning to complete the TMP projects scheduled for FY 2025. Staff will also be helping to prepare for the outfitting of the PSF and the planning the moving of staff into the PSF. These projects will keep the City in a position to make use of the available technology to provide the highest level of customer service while ensuring security of the City’s systems and business continuity in the event of disruptions.

FISCAL IMPACT:

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

ATTACHMENTS:

None.

Prepared by:

Jason Takagi, Information Technology Manager
Submitted by: Nadia Feeser, Administrative Services Director City Manager Approval:

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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
Meeting Date: July 16, 2024
TITLE:

Introduction (First Reading) of an Ordinance Effecting a Code Enforcement Penalty Update
RECOMMENDATION:

Introduce an Ordinance amending Chapter 9.04 and Chapter 12.20 relating to penalties for certain municipal code violations.

DISCUSSION:

Under Article XI, Section 7 of the California Constitution, the City has the power to make and enforce various ordinances and regulations to ensure the protection of public health, safety and welfare. Among such regulations are the City’s prohibition on open containers of alcohol, restrictions on commercial activities in the Pier Zone, and nighttime closures of the Pier Parking Lot and Pier.

Currently, the Municipal Code provides that violations of the open container and Pier area closure ordinances are a misdemeanor. The consequences of a misdemeanor conviction can be significant, with fines of up to $1,000 and/or a prison term of up to a year. In addition, a person charged with a misdemeanor violation is entitled to a jury trial and if unable to pay for an attorney, the appointment of an attorney by the court.

In the past year, in an effort to streamline the City’s code enforcement process, the City Attorney’s office has been filing these violations as infractions, which is permitted under Pismo Beach Municipal Code Section 1.20.010(F). This reduces the number of instances where the City Attorney’s office is required to appear in court, and it reduces the potential penalty for the violation to a $100 fine for a first offense. The court adds significant additional charges to such citations, though, which means an infraction violation of the City’s open container and Pier Lot closure ordinances still can cost as much as $485 in total.

Nonetheless, because the Municipal Code currently provides that violations of these ordinances are a misdemeanor, the Police Officers who issue the citations cannot directly file the citations with the court as infractions, like they can do with other infraction citations.

Only the City Attorney’s office can reduce the penalty in this manner. The proposed ordinance would reduce the penalty for these violations to an infraction, which would permit direct-filing of the citations, and the City Attorney’s office would not need to be involved in the case. Given the considerable number of citations the Police Department issues for these two specific violations, staff recommends that the City Council change the penalty for these violations from a misdemeanor to an infraction.

Furthermore, to ensure adequate and safe passage for pedestrians in the Pier Zone, the ordinance restricting commercial activities in the Pier Zone has been modified to add Council Agenda 7-16-2024 12.B-1
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additional types of commercial conduct that have been observed. The Pier Zone is a specifically defined area that encompasses the following:
(1) on the west, the mean high tide line of the Pacific Ocean, (2) on the north, a line extending along the northern edge of Pomeroy Avenue past its ocean-side terminus to the mean high tide line, (3) on the south, a line extending along the southern side of Hinds Avenue, past its ocean-side terminus to the mean high tide line, and (4) on the east, the easternmost line of the city pier parking lot.

The pier zone also includes the entirety of the city pier and the length of the boardwalk extending from the city pier.

This area is subject to extreme congestion during many months of the year, and commercial vendors and others seeking financial compensation from passers-by can inhibit the safe passage of pedestrians on and around the Pier, as well as emergency response to incidents within the area.

Conclusion and Recommendation
Staff recommends that the Council introduce an Ordinance (Attachment 1) amending Chapters 9.04 and 12.20 to change the penalties for certain code enforcement violations.

If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.

FISCAL IMPACT:

The fiscal impact of introducing the attached Ordinance is expected to be minimal. There will be potential cost savings of direct-filing of code enforcement citations with the court rather than having the City Attorney’s office filing the citations, in an amount to be determined.

ATTACHMENTS:

1. Ordinance O-2024-XXX
Submitted by: Dave Fleishman, City Attorney
City Manager Approval:

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ORDINANCE NO. O-2024-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 9.04 AND CHAPTER 12.20 OF THE CITY OF

PISMO BEACH MUNICIPAL CODE, RELATING TO PENALTIES FOR CERTAIN

CODE VIOLATIONS
WHEREAS, Article XI, Section 7 of the California Constitution provides that “[a] city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws”;
WHEREAS, the City has previously enacted regulations on various activities with the City to ensure the protection of public health, safety and welfare; and WHEREAS, the City periodically reviews its code enforcement policies and procedures to ensure effective administration of the City’s constitutional police power regulations.

NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:

SECTION 1.

The foregoing recitals are adopted as findings of fact in support of this ordinance.

SECTION 2.

A new subsection D. is hereby added to Pismo Beach Municipal Code Section 9.04.020, Possession of alcoholic beverages unlawful when, to read as follows:

D. A violation of this section is an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punished by the fine specified in Municipal Code Chapter 1.20.

SECTION 3.

Pismo Beach Municipal Code Section 9.04.040 Violation—Penalty is hereby amended to read in its entirety as follows:

No person shall violate any provisions or fail to comply with any of the requirements of this chapter. Except as otherwise provided in Section 9.04.020, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period of not exceeding six (6) months or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and Council Agenda 7-16-2024 12.B-3
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every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person and shall be punishable accordingly.

SECTION 4.

Pismo Beach Municipal Code Section 12.20.185(D) is hereby amended to read as follows:

D. Commercial Use of Pier Zone Prohibited. To ensure adequate and safe movement for pedestrians within the pier zone, except as permitted by written lease agreement with the city of Pismo Beach or by special events permit pursuant to Chapter 12.16 of this title, it is unlawful for any person or organization to sell, offer for sale, rent, offer for rent, or offer in exchange for a donation or other forms of compensation, goods, wares, merchandise, foodstuffs, refreshments, or other kinds of property, performances or services in the pier zone.

SECTION 5.

The title of Pismo Beach Municipal Code Section 12.20.210 is hereby amended to read Pier Zone—Hours of closure, and the section is hereby amended to read in its entirety as follows:

Except as provided in Section 12.20.230, it is unlawful for any person between the hours of eleven p.m. one day and four a.m. the next day to be upon or within the pier zone. As used in this section, “pier zone” shall have the same meaning as in Section 12.20.185. A violation of this section is an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punished by the fine specified in Municipal Code Chapter 1.20.

SECTION 6.

Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.

SECTION 7.

This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or Council Agenda 7-16-2024 12.B-4
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clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.

SECTION 8.

This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.

SECTION 9.

The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.

Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.

INTRODUCED at a regular meeting of the City Council held this 16th day of July, 2024, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2024, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 7-16-2024 12.B-5
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
Council Agenda 7-16-2024 12.B-6
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Pismo Beach City CouncilJuly 16, 2024

Pismo Beach City Council
July 16, 2024