PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.C
Meeting Date: January 20, 2026
TITLE:
Public Safety Facility Update; Contract Amendments with Vanir Construction Management, Earth Systems Pacific, and CLAD Consulting; Agreement with EyeP Solutions for Services Related to the Project
RECOMMENDATION:
Adopt a Resolution:
1. Authorizing the City Manager to execute the following contract amendments related to the Public Safety Facility:
1. Contract Amendment #3 with Vanir Construction Management, Inc. in an amount not to exceed $171,980 for additional Construction in Management Services; and
2. Contract Amendment #1 with Earth Systems Pacific in an amount not to exceed $56,288.75 for additional Special Inspection and Materials Testing Services; and
3. Contract Amendment #1 with CLAD Consulting, Inc. in an amount not to exceed $16,400 for additional Project Management, Coordination and Inspection Services; and
2. Ratifying the Vendor Agreement with EyeP Solutions, Inc. in the amount of $132,138.52 for purchase of four consoles for the dispatch center.
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.
The project is currently anticipated to be completed in April 2026, approximately four months longer than originally anticipated. Due to the extension of the construction period, existing contracts with consultants working on the project also need to be extended to account for the additional work required to bring the project to completion.
Construction Management Services
On May 18, 2021, the City Council authorized a Professional Services Agreement with Vanir Construction Management, Inc. (Vanir) in the amount of $1,220,529 for Owner’s Representative and Construction Management Services for the Public Safety Facility.
Amendment #1 to the agreement was executed April 19, 2024 in the amount of $55,296 for continuation of construction management services related to the updated construction timeline. This amendment was executed under the City Manager’s authority in line with the City’s Purchasing Policy and Procedures Manual. Amendment #2 was executed on August 22, 2025 and extended the expiration date of the agreement to June 30, 2026.
Based on the current construction schedule, Vanir has provided an amendment request to continue construction management services through project completion. The proposed Council Agenda 1-20-2026 12.C-1
Amendment #3 (Attachment 2) is for an amount not to exceed $171,980 and will bring the total Vanir contract cost to $1,447,805.
Special Inspection and Materials Testing Services
On July 16, 2024, the City Council authorized a Professional Services Agreement with Earth Systems Pacific in the amount of $276,430 to perform Special Inspection and Materials Testing Services to verify compliance with the project plans and specifications.
Based on the current construction schedule, Earth Systems Pacific has provided an amendment request to continue special inspection and materials testing services through project completion. The proposed Amendment #2 (Attachment 3) is for an amount not to exceed $56,288.75 and will bring the total Earth Systems Pacific contract cost to $332,718.75.
Project Management, Coordination and Inspection Services On May 2, 2024, a Professional Services Agreement with CLAD Consulting, Inc. (CLAD) was executed in the amount of $40,000 to perform project management, project coordination and inspection services for work in the City right-of-way. This agreement was executed under the Director of Public Works authority in line with the City’s Purchasing Policy and Procedures Manual. Based on the current construction schedule, CLAD has provided an amendment request to continue project management, project coordination and inspection services for work in the City right-of-way through project completion. The proposed Amendment #2 (Attachment 4) is for an amount not to exceed $16,400 and will bring the total CLAD contract cost to $56,400.
Police Dispatch Consoles
To reduce overall project costs and avoid contractor markups where feasible, staff identified a qualified vendor through a government purchasing contract to provide four consoles for the dispatch center. The vendor, EyeP Solutions, Inc. provided a quote in the amount of $132,138.52. The City’s Purchasing Policy and Procedures Manual mandates City Council approval for payments over $100,000, which typically must undergo a competitive procurement process. However, the policy allows for “piggyback” purchases such as this one upon recommendation of the City Manager since the government purchasing contract was already competitively bid. The lead time for ordering, fabrication, and delivery of the consoles is approximately twelve weeks. In order to avoid delaying the project and prevent potential additional costs associated with a delay, the City Manager authorized the purchase of the consoles on December 16, 2025.
A contract was executed with EyeP Solutions, Inc. on December 17, 2025 (Attachment 5) and adoption of the attached resolution will ratify this procurement.
Conclusion and Recommendation
Staff recommends the Council adopt a resolution (Attachment 1) authorizing the City Manager to execute Contract Amendment #3 with Vanir, Contract Amendment #1 with Earth Systems Pacific, and Contract Amendment #1 with CLAD to continue services through completion of the Public Safety Facility, and ratifying the vendor agreement with EyeP Solutions, Inc. for purchase of four consoles for the dispatch center.
Council Agenda 1-20-2026 12.C-2
FISCAL IMPACT:
The fiscal impact of adopting the attached resolution is $244,668.75 for professional services contract amendments and $132,138.52 for a new vendor agreement for purchase of the dispatch center consoles. The Fiscal Year 2026 Public Safety Facility project budget has sufficient budget to support these items.
ATTACHMENTS:
1. Resolution
2. Amendment #3 with Vanir
3. Amendment #1 with Earth Systems Pacific
4. Amendment #1 with CLAD
5. Agreement with EyeP Solutions
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie Gaglione, PE, Director of Public Works City Manager Approval:
Council Agenda 1-20-2026 12.C-3
RESOLUTION NO. R-2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOLLOWING CONTRACT AMENDMENTS RELATED TO THE PUBLIC SAFETY FACILITY:
CONTRACT AMENDMENT #3 WITH VANIR CONSTRUCTION MANAGEMENT, INC.
IN AN AMOUNT NOT TO EXCEED $171,980 FOR ADDITIONAL CONSTRUCTION IN MANAGEMENT SERVICES; CONTRACT AMENDMENT #1 WITH EARTH SYSTEMS PACIFIC IN AN AMOUNT NOT TO EXCEED $56,288.75 FOR ADDITIONAL SPECIAL INSPECTION AND MATERIALS TESTING SERVICES; CONTRACT AMENDMENT #1 WITH CLAD CONSULTING, INC. IN AN AMOUNT NOT TO EXCEED $16,400 FOR
ADDITIONAL PROJECT MANAGEMENT, COORDINATION AND INSPECTION SERVICES; AND RATIFYING THE VENDOR AGREEMENT WITH EYEP
SOLUTIONS, INC. IN THE AMOUNT OF $132,138.52 FOR PURCHASE OF FOUR
CONSOLES FOR THE DISPATCH CENTER
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, the project is currently anticipated to be completed in April 2026, approximately four months longer than originally anticipated; and WHEREAS, on May 18, 2021, the Council authorized a Professional Services Agreement with Vanir Construction Management, Inc. in the amount of $1,220,529 for Owner’s Representative and Construction Management Services for the project; Amendment #1 was executed April 19, 2024 under the City Manager’s authority in the amount of $55,296; Amendment #2 to extend the end date was executed on August 22, 2025; and WHEREAS, on July 16, 2024, the Council authorized a Professional Services Agreement with Earth Systems Pacific in the amount of $276,430 to perform Special Inspection and Materials Testing Services to verify compliance with the project plans and specifications; and
WHEREAS, on May 2, 2024, a Professional Services Agreement with CLAD Consulting, Inc. was executed under the Public Works Director’s authority in the amount of $40,000 to perform project management, project coordination, and inspection services for work in the City right-of-way; and
WHEREAS, amendments to these professional services agreements are necessary to continue services through completion of the Public Safety Facility; and WHEREAS, staff has identified a qualified vendor, EyeP Solutions, through a government purchasing contract to provide four consoles for the dispatch center; and Attachment 1
Council Agenda 1-20-2026 12.C-4
WHEREAS, the City’s Purchasing Policy and Procedures Manual mandates City Council approval for payments over $100,000, which typically must undergo a competitive procurement process; however, the policy allows for “piggyback” purchases such as this one upon recommendation of the City Manager since the government purchasing contract was already competitively bid; and
WHEREAS, based on the lead time for the consoles and to avoid delaying the project and prevent potential additional costs associated with a delay, the City Manager authorized the purchase of the consoles on December 16, 2025.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Contract Amendment #3 with Vanir Construction Management, Inc., in substantially the form attached to staff’s report dated January 20, 2026, in an amount not to exceed $171,980 for additional Construction in Management Services.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Contract Amendment #1 with Earth Systems Pacific, in substantially the form attached to staff’s report dated January 20, 2026, in an amount not to exceed $56,288.75 for additional Special Inspection and Materials Testing Services.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Contract Amendment #1 with CLAD Consulting, Inc. in substantially the form attached to staff’s report dated January 20, 2026 in an amount not to exceed $16,400 for additional Project Management, Coordination and Inspection Services.
BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby ratifies the Vendor Agreement with EyeP Solutions, Inc., in substantially the form attached to staff’s report dated January 20, 2026, in the amount of $132,138.52 for purchase of four consoles for the dispatch center.
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 20th day of January 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Attachment 1
Council Agenda 1-20-2026 12.C-5
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Inderlied, City Clerk
Attachment 1
Council Agenda 1-20-2026 12.C-6
AMENDMENT # 3
to the
JUNE 16, 2021 AGREEMENT BETWEEN THE CITY OF PISMO BEACH AND VANIR CONSTRUCTION MANAGEMENT, INC.
Pursuant to the June 16, 2021 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Vanir Construction Management, Inc., hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:
1.Additional services shall be performed as set forth in the proposal dated November 14, 2025, which is attached hereto and by this reference made a part hereof.
2.Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of one hundred seventy-one thousand nine hundred eighty dollars ($171,980), without prior written approval of the City.
3.The revised fee under the June 16, 2021 contract, plus addend a 1-3, is one million four hundred forty-four thousand eight hundred and five dollars ($1,447,805 ).
4.All other provisions of the subject agreement between City and Vendor shall remain in full force and effect.
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Rosemarie R. Gaglione, PE
Title: Director of Public Works
Dated: ________________________________
Signed:
Name: Jorge E. Garcia
Title: City Manager
Dated: ________________________________
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: Dean J. Pucci
Title: City Attorney
VENDOR:
Vanir Construction Management, 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
Attachment 2
Council Agenda 1-20-2026 12.C-7
November 14, 2025
Mr. Jorge E. Garcia
City Manager
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
RE: City of Pismo Beach – New Public Safety Facility
Request for Contract Amendment for Project Management Services.
Dear Mr. Garcia:
Vanir CM respectfully submits this Request for Contract Amendment fee proposal for an additional four (4) months of continued Project Management (PM) services on the New Public Safety Facility project due to the increased project schedule timeline. This request is based on the time difference between the original schedule for our services and the current timeline for the project.
Scope of Services
The scope of services outlined below includes a list of tasks that Vanir will perform through the Design-Build (D-B) Entity construction phase of the project:
D-B Entity Construction Phase Services
Task #1 – Continuation of PM Services: Vanir will continue to perform all project management services as outlined in our original agreement with the City of Pismo Beach.
END OF SCOPE – Fee Schedule on Next Page
Attachment 2
Council Agenda 1-20-2026 12.C-8
Fee Proposal/Schedule
Tasks Hours Rates Subtotal
Task #1 – Continuation of Service
Scott Murphy, PIC
Robert Lade, PD/Sr.CM
Gunther Kastenholz, CM
Lilia Villalpando, CM
Scheduler
Commissioning
0hrs/mo. X 3 = 3
4hrs/mo. X 4 = 16
140hrs/mo. X 4 = 560
130hrs/mo. X 3 = 390
4hrs/mo X 2 = 8
12hrs/mo x 3 = 36
$229/hr
$172/hr
$172/hr
$172/hr
$166/hr
$125/hr
$0.00
$2,752.00
$96,320.00
$67,080.00
$1,328.00
$4,500.00
Reimbursables
$500/mo
$0.00
$0.00
TOTAL
$171,980.00
Our services will be delivered and billed on a Time and Material basis, not to exceed $171,980.00.
Thank you for allowing us the opportunity to continue to provide project and construction management services on behalf of the City and, as always, please call with any questions.
Sincerely,
Vanir Construction Management, Inc.
Scott Murphy, CCM
Central California Area Manager
cc: Robert Lade, Deputy Project Manager, Vanir CM
Roy Magdaleno, Deputy Area Manager/Associate, Vanir CM
Attachment 2
Council Agenda 1-20-2026 12.C-9
AMENDMENT # 1
to the
OCTOBER 10, 2024 AGREEMENT BETWEEN THE CITY OF PISMO BEACH
AND EARTH SYSTEMS PACIFIC
Pursuant to the October 10, 2024 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Earth Systems Pacific, hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:
1.Additional services shall be performed as set forth in the proposal dated December 29, 2025, which is attached hereto and by this reference made a part hereof.
2.Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of fifty-six thousand two hundred eighty-eight dollars and seventy-five cents ($56,288.75), without prior written approval of the City.
3.The revised fee under the October 10, 2024 contract, plus this addendum, is three hundred thirty-two thousand seven hundred eighteen dollars and seventy-five cents ($332,718.75).
4.The term end date of the agreement is hereby revised to June 30, 2026.
5.All other provisions of the subject agreement between City and Vendor shall remain in full force and effect.
Signatures begin on next page.
Attachment 3
Council Agenda 1-20-2026 12.C-10
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Rosemarie R. Gaglione, PE
Title: Director of Public Works
Dated: ________________________________
Signed:
Name: Jorge E. Garcia
Title: City Manager
Dated: ________________________________
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: Dean J. Pucci
Title: City Attorney
VENDOR:
Earth Systems Pacific
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
Attachment 3
Council Agenda 1-20-2026 12.C-11
December 29, 2025
Mr. Eric Eldridge
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
PROJECT: PISMO BEACH PUBLIC SAFETY FACILITY
1000 BELLO STREET
PISMO BEACH, CALIFORNIA
SUBJECT: Proposal for Additional Special Inspection and Materials Testing Services Dear Mr. Eldridge:
As requested, we have prepared this proposal for additional special inspection and materials testing services during construction of the Pismo Beach Public Safety Facility. Based upon the schedule provided at the beginning of the project for preparation of our estimate, the project was scheduled to be completed by November 2025. Based upon the current schedule, the project is anticipated to be completed by March 2026. While the majority of the vertical building construction requiring special inspection and testing has been completed, there are some minor inspections that are still required. The exterior improvements have great work remaining. These include site retaining wall construction and backfill as well as fine grading and associated flatwork and paving; on and off site. We have used the contractor’s schedule to estimate the additional inspections required. We have also reviewed the amount of special inspection and testing performed over the last four months, which averaged approximately $15,000.00, to confirm the estimated hours are consistent with the work being done and to be completed. Most of this work is estimated on a periodic basis. However, we have included full time scheduling for paving operations.
Based upon our review of the original quotation, work performed and billed, and the proposed remaining work, we estimate the additional fees will be $56,288.75; a breakdown is attached.
If you have any questions or require additional information, please contact me at your convenience.
Sincerely,
Earth Systems Pacific
Robert Down, PE
Senior Vice President
Attachments: Fee Estimate
Doc. No.: SLO-2512-066.PRP/pm
Attachment 3
Council Agenda 1-20-2026 12.C-12
PISMO BEACH PUBLIC SAFETY FACILITY
PRINCIPAL
PROFESSIONAL 12 HOURS $ 245.00 PER HOUR $ 2,940.00
SPECIAL INSPECTOR -
FIELD 116 HOURS $ 170.00 PER HOUR $ 19,720.00 TECHNICIAN 160 HOURS $ 160.00 PER HOUR $ 25,600.00
NUCLEAR DENSITY
TESTS 60 EACH $ 10.00 PER EACH $ 600.00 MAX. DENSITY AND
OPTIMUM MOISTURE
CURVE 3 EACH $ 325.00 PER EACH $ 975.00 MAX. THEORETICAL
DENSITY - HMA 7 EACH $ 170.00 PER EACH $ 1,190.00
CONCRETE CYLINDER
COMPRESSION TESTING 30 EACH $ 50.00 PER EACH $ 1,500.00
WEEKLY SPECIAL
INSPECTION REPORTS 9 WEEKS $ 160.00 PER WEEK $ 1,440.00
CERTIFIED PAYROLL
REPORTING 9 WEEKS $ 100.00 PER WEEK $ 900.00 MILEAGE 67 Trips $ 21.25 PER TRIP $ 1,423.75 TOTAL: $ 56,288.75
Attachment 3
Council Agenda 1-20-2026 12.C-13
AMENDMENT # 1
to the
MAY 2, 2024 AGREEMENT BETWEEN THE CITY OF PISMO BEACH
AND CLAD CONSULTING, INC.
Pursuant to the May 2, 2024 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and CLAD Consulting, Inc., hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:
1.Additional services shall be performed as set forth in the proposal dated December 23, 2025, which is attached hereto and by this reference made a part hereof.
2.Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of sixteen thousand four hundred dollars ($16,400), without prior written approval of the City.
3.The revised fee under the May 2, 2024 contract, plus this addendum, is fifty-six thousand four hundred dollars ($56,400).
4.The term end date of the agreement is hereby revised to June 30, 2026.
5.All other provisions of the subject agreement between City and Vendor shall remain in full force and effect.
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Rosemarie R. Gaglione, PE
Title: Director of Public Works
Dated: ________________________________
Signed:
Name: Jorge E. Garcia
Title: City Manager
Dated: ________________________________
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: Dean J. Pucci
Title: City Attorney
VENDOR:
CLAD Consulting, 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
Attachment 4
Council Agenda 1-20-2026 12.C-14
workwithclad.com
PO Box 1069, Grover Beach, CA 93483
ADDITIONAL SERVICES AGREEMENT
Date: December 23, 2025
Project Name: Public Safety Facility – ASA 01 – Additional Inspections Client Name: City of Pismo Beach
Scope of Work:
CLAD will provide additional construction inspection services for the Public Safety Facility to support its new anticipated end date of mid-March 2026.
T&M Estimated Fees
Construction Manager 80hrs @ $150/hr $12,000
Assistant Field Engineer 40hrs @ $110/hr $4,400
Total Fees $16,400*
*Fees are valid for 60 days from the proposal date.
Acceptance and Terms:
This agreement is in addition to the original signed proposal. The previously agreed to Terms and Conditions, or the Master Service Agreement, apply in their entirety. Any changes to this agreement must be mutually agreed to in writing.
Company City of Pismo Beach - CLAD Consulting, Inc.
Signature . . .
L. Alberto Lopez, Principal
Date - Date 12/23/25
-
Attachment 4
Council Agenda 1-20-2026 12.C-15
1 of 12
Vendor Agreement (Rev. 3/2024)
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 EyeP Solutions, Inc. (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
RECITALS:
CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:
Dispatch console furniture and onsite installation
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 March 13, 2026. 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 A. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of one hundred thirty-two one hundred thirty- eight dollars and fifty-two cents ($132,138.52), 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.
* /-%#))0!'*+!
2 of 12
Vendor Agreement (Rev. 3/2024)
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 Information Technology Manager is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are * /-%#))0!'*+!
Council Agenda 1-20-2026 12.C-16
Attachment 5
3 of 12
Vendor Agreement (Rev. 3/2024)
required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.
VIII.VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.
IX.INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
X.BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.
XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.
XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.
B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or * /-%#))0!'*+!
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printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.
C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to t hem. 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, * /-%#))0!'*+!
Council Agenda 1-20-2026 12.C-17
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employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.
XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, * /-%#))0!'*+!
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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 * /-%#))0!'*+!
Council Agenda 1-20-2026 12.C-18
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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.
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12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.
14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.
15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.
XVI. SUBCONTRACTORS
Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:
A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;
B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and
C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.
* /-%#))0!'*+!
Council Agenda 1-20-2026 12.C-19
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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 * /-%#))0!'*+!
Council Agenda 1-20-2026 12.C-20
Attachment 5
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will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVII. EXHIBITS
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.
XXIX. INTEGRATION; AMENDMENT
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
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CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Nadia Feeser
Title: Administrative Services Director
Dated: ________________________________
Signed:
Name: 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: Dean J. Pucci
Title: City Attorney
VENDOR:
EyeP Solutions, Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):
Name/Title: ____________________________
Attachments:
Exhibit A: Scope of Service and Compensation Schedule
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Council Agenda 1-20-2026 12.C-21
Attachment 5
Prepared for
City of Pismo Beach
City of Pismo Beach Winsted
upgrade
Quote #010476-R1
Prepared by
Heather Young
530-665-8084
[email protected]
EyeP Solutions
3450 Palmer Drive Suite 4-191
Cameron Park, CA 95682
December 16, 2025
([KLELW$
Quote No. 010476-R1
December 16, 2025
EyeP Solutions • 3450 Palmer Drive Suite 4-191 • Cameron Park, CA 95682 • eyep-solutions.com Heather Young
Director of Business Operations
[email protected]
Direct: 530-665-8084
Terms: Net 30
This Quotation Was Prepared Exclusively For Buyer:
City of Pismo Beach
Attn: Jason Takagi
[email protected]
City of Pismo Beach
760 Mattie Road
Pismo Beach, California 93449
Ship to:
City of Pismo Beach
Attn: Jason Takagi
[email protected]
City of Pismo Beach
760 Mattie Road
Pismo Beach, California 93449
ITEM DESCRIPTION QTY YOUR PRICE TOTAL
10504 Control
Interface
Environment Control Interface 4 493.06 $1,972.24T
10580 Personal Operator Cooling Fan - 12VDC 4 95.13 $ 380.52T 10570 Door-Mounted Heater Assembly 4 296.14 $1,184.56T 10571 Heater Power Cable - 10 4 6.62 $ 26.48T
30701 6 Outlet Power Strip 15 Cord 4 131.05 $ 524.20T 36073 Vue Lam Side Panel - RH Select Color Variant 4 557.79 $2,231.16T 36074 Vue Lam Side Panel - LH Select Color Variant 4 524.98 $2,099.92T 36550 VUE C 99 - Single, Closed, Ht Adj 4 4,690.81 $18,763.24T 36587 Vue Hardware Kit-LAM
36120/170/200/220/250/270/300/320/350/370//400/420
/500/520/550/570
4 8.28 $ 33.12T
36955 Vue-C 99 Closed Base W/S -CE (Select Color Variant) 4 1,317.43 $5,269.72 45701 Flip-Up Power & Data (Specify color/layout) 4 509.98 $2,039.92T
Council Agenda 1-20-2026 12.C-22
Attachment 5
Quote No. 010476-R1
December 16, 2025
EyeP Solutions • 3450 Palmer Drive Suite 4-191 • Cameron Park, CA 95682 • eyep-solutions.com
ITEM DESCRIPTION QTY YOUR PRICE TOTAL
51710 6 Outlet Electrical Assembly w/6 cord 4 92.39 $ 369.56T 59056 Metal Door 12 317.13 $3,805.56T
59275 Metal Door with Heater vents 4 301.93 $1,207.72T W5664 LED Desk Lamp w/Mounting Brkt 4 633.33 $2,533.32T 15004 Rear light up plexi panel 4 2,564.34 $10,257.36T W9241 Strata Single HD Fixed Head 8 386.30 $3,090.40T 15000 Custom Credenzas with Printer Drawer 2 9,306.07 $18,612.14T 15002 Custom Work Surface 2 1,571.69 $3,143.38T
15000 Custom Pie Shaped Credenzas W/Lockers 4 4,920.22 $19,680.88T 36682 Vue-C Peninsula 99 W/S - Lam. Select Color Variant 4 1,224.96 $4,899.84T 10663 2 Power & USB. A&C combo Desk Top Grommet 8 253.13 $2,025.04T
ITEM DESCRIPTION QTY YOUR PRICE TOTAL
10202 ONSITE ASSEMBLY 1 12,900.00 $12,900.00
FREIGHT_OUT Freight / Shipping / Handling OUT to customer 1 7,425.00 $7,425.00
Quote No. 010476-R1
December 16, 2025
EyeP Solutions • 3450 Palmer Drive Suite 4-191 • Cameron Park, CA 95682 • eyep-solutions.com Subtotal:$124,475.28
Sales Tax Paid, ( 7.75%):7,663.24
This Quotation is in effect for 30 day(s).
Delivery Date: TBD from Buyer's placement of order.
Total:$132,138.52
Comments:
CMAS Contract number 4-25-04-1015 expires 6/14/2027
CA SB#1751196
Nevada Electrical License #0088482
CSLB#684520
Confidentiality of Quote:
Neither party shall disclose the terms and conditions of this Quote or the pricing contained therein to any third party except as required by applicable law, rule, or regulation. Provided, however, that either party may disclose such terms, conditions or pricing to legal, accounting and professional advisors bound by formal ethical or fiduciary duties requiring such advisors to treat, hold and maintain such information in accordance with the terms and conditions of this Agreement.
Prices and Payment
“Terms and Conditions of sale which appear on purchaser’s document (including purchase orders) and which are inconsistent with these terms shall be voided. EyeP Solutions may ship partial orders. Orders canceled after shipment are subject to a 20% restocking fee. All products and services provided after order receipt shall be invoiced for payment in full including but not limited to; design and planning, layouts, 3rd party meeting and coordination, equipment extraction, etc. Delays in delivery at the customer request may result in storage fees. Prices are good for 30 days. Payment terms are subject to EyeP Solutions credit approval.”
Signature:Date:
Council Agenda 1-20-2026 12.C-23
Attachment 5
Council Agenda 1-20-2026 12.C-24
Attachment 5
Council Agenda 1-20-2026 12.C-25
Attachment 5
Council Agenda 1-20-2026 12.C-26
Attachment 5
Council Agenda 1-20-2026 12.C-27
Attachment 5
Council Agenda 1-20-2026 12.C-28
Attachment 5