Agenda packet — Pismo Beach City Council, August 4, 2026 (part 1 of 2)

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AGENDA
Pismo Beach City Council
Tuesday, August 4, 2026
City Hall None
Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 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.MEETING INSTRUCTIONS:

These meetings are being conducted in a hybrid format with both in-person and virtual options. Ways to watch these meetings and submit public comment are provided below.

Watch and participate in person:
•Special and Regular Meetings: Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. •To make Special or Regular Meeting public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest. •To make Closed Session public comment, please be present in the Council Chamber when the Closed Session is publicly convened; the Mayor will call for public comment prior to commencing the closed proceedings.

Watch via Zoom:
•Special and Regular Meetings: 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:
•Special and Regular Meetings: Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.

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

Watch on Channel 20:
•Regular Meeting Only: 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:
•Closed Session, Special, and Regular Meetings: 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 Special and Regular Meetings 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 and other written comment submitted after the start of the meeting may not be fully considered prior to any action taken on the item.

Submit voicemail comment:
•Closed Session, Special, and Regular Meetings: 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 these meetings 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.

Council Agenda 8-4-2026

Pismo Beach City Council Agenda August 4, 2026

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Special Closed Session—4:00 p.m.

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.ANNOUNCEMENT OF CLOSED SESSION ITEM(S) – Council Chamber Item 2.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: Andrew Grow Family Trust v. City of Pismo Beach, et al.

San Luis Obispo County Superior Court Case No. 23CV-0544

3.PUBLIC COMMENT PERIOD – Council Chamber
At this time, members of the public may comment on any item appearing on the 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.

4.CLOSED SESSION – Closed Meeting Room
The City Council will convene in Closed Session to discuss the items listed under Item 2 above. In accordance with the Brown Act, public access is not permitted for this portion of the meeting.

5.CLOSED SESSION REPORT – Council Chamber
If a regular meeting immediately follows this Closed Session, the Closed Session Report will be made during the regular meeting.

6.ADJOURNMENT
Meeting Time Date Location
4:30 p.m. Council Chamber, City Hall
5:30 p.m. Council Chamber, City Hall
Council Agenda 8-4-2026

Pismo Beach City Council Agenda August 4, 2026

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Special Meeting—4:30 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. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item appearing on the 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.

3. AGENDA ITEMS

Item 3.A: Fiscal Year 2027 Outside Requests for City Donations (Feeser)

Recommendation:

Adopt a Resolution approving and appropriating contributions to outside agencies for Fiscal Year 2027.

4. CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken

5. 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:

Regular Meeting Tuesday, August 4, 2026

Council Agenda 8-4-2026

Pismo Beach City Council Agenda August 4, 2026

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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
None.

5. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item NOT appearing on the agenda. For items appearing on the agenda, including the Consent Calendar, the public will be invited to make comments during Council consideration of the item. In accordance with state law, matters raised as part of this comment period cannot be discussed or acted upon by the City Council at this time. However, in response to a matter raised as part of this comment period, the Council may, during Item 13, City Council Comments and Requests, direct staff to assist a speaker, or schedule the matter for consideration on a future agenda.

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

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

6. CITY MANAGER’S REPORT - No action to be taken

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT - No action to be taken

8. COUNCIL COMMITTEE REPORTS

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

2. California Joint Powers Insurance Authority (Reiss/Inman) CAPSLO (Reiss)
Central Coast Blue Regional Recycled Water Authority
(Waage/Guthrie)
Chapman Estate Foundation (Liaison) (Reiss)
Coastal Cities Group, League of CA Cities (Waage)
Conference and Visitors Bureau / LBID Board (Liaison) (Inman) Friends of Price House Liaison (Waage)
Hazard Mitigation & Fire Safety (Inman/Waage)

Mobile Home Rent Stabilization Subcommittee (Inman/Waage) Regional Transit Authority, SLO (Waage/Reiss)
Shell Beach Improvement Group Liaison (Inman/Reiss)
SLOCOG (Waage/Reiss)
South County Chambers Gov’t Affairs (Guthrie/Inman)
Visit SLO CAL Advisory Committee (Inman)
Water Resources Advisory Committee, SLO (Guthrie/Inman) Zone 3 Water Advisory Committee, SLO (Guthrie/Inman)
(Govt Code Section 53232.3)

Council Agenda 8-4-2026

Pismo Beach City Council Agenda August 4, 2026

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

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

1. Adopt Minutes of the February 12, 2026 Special Meeting;

2. Adopt Minutes of the February 13, 2026 Special Meeting;

3. Adopt Minutes of the June 16, 2026 Closed and Regular Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for June 14, 2026, June 28, 2026 and July 12, 2026;

2. Approve the Register of Demands for June 12, 2026, June 19, 2026, June 26, 2026, July 3, 2026 and July 10, 2026.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for May 2026 of Fiscal Year 2026 (Feeser)

Recommendation:

No action recommended; for information only.

Item 9.D: Ratification of July 28, 2026 Emergency Proclamation, and Update on January 9, 2023 and January 12, 2017 Emergency Proclamations (Inderlied)

Recommendation:

1. Adopt a Resolution ratifying and confirming actions by the Director of Emergency Services/City Manager during the existence of a local emergency, and proclaiming the continued existence of a local emergency;

2. Review the need for continuing currently active local emergency proclamations;

3. Provide direction to staff if desired.

Item 9.E: Award of Contracts to Madonna Construction and ENGEO for the Federally Funded Cliff Avenue/Ocean Boulevard Storm Drain Repair and Bluff Face Stabilization Project; Acceptance of Grant-Related Funding (Gaglione) Recommendation:

Adopt a Resolution:

1. Authorizing the City Manager to:

A. Execute a construction contract with John Madonna Construction Co., Inc. for the Cliff Avenue/Ocean Boulevard Storm Drain Repair and Bluff Face Stabilization Project in the amount of $6,031,914; and
B. Enter into a Professional Services Agreement with ENGEO Incorporated in an amount not to exceed $350,000 for Engineering Services During Construction; and

2. Accepting related grant funds; and

3. Appropriating related budget adjustments in Fiscal Year 2027.

Council Agenda 8-4-2026

Pismo Beach City Council Agenda August 4, 2026

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Item 9.F: Award of Contracts to Pavement Coatings Co. and Willdan Engineering for the 2026 Roadway Maintenance and Slurry Seal Project; Related Budget Adjustments (Gaglione)

Recommendation:

Adopt a Resolution:

1. Authorizing the City Manager to:

A. Execute a construction contract with Pavement Coatings Co. for the 2026 Roadway Maintenance and Slurry Seal project in the amount of $978,790.20; and
B. Enter into a Professional Services Agreement with Willdan Engineering in an amount not to exceed $143,138 for Construction Management, Inspection and Administration Services; and

2. Appropriating related budget adjustments in Fiscal Year 2027.

Item 9.G: Agreement with 4 Creeks, Inc. for Design of the 320/330 Main Street Parking Lot; Related Budget Adjustments (Gaglione)
Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with 4 Creeks, Inc. in an amount not to exceed $155,512 for engineering design services for the 320/330 Main Street Parking Lot Project and appropriating related budget adjustments in Fiscal Year 2027.

Item 9.H: Award of Contract to Filipponi-Thompson Drilling for the Huston Street Test Well Drilling and Construction Project (Gaglione)
Recommendation:

Adopt a Resolution authorizing the City Manager to execute a construction contract with Filipponi-Thompson Drilling, Inc. for the Huston Street Test Well Drilling and Construction project in the amount of $397,491.20 for the Base Bid plus Bid Alternate 1.

Item 9.I: Amendment #6 to the Agreement with Rincon Consultants, Inc. for Environmental Services Related to the Central Coast Blue Project (Graham) Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #6 to the agreement with Rincon Consultants, Inc. in the amount of $20,713 in fiscal year 2027 for environmental services related to the Central Coast Blue Project and extending the term of the agreement to September 30, 2027.

Item 9.J: Cooperation Agreement with the County of San Luis Obispo for Participation in the San Luis Obispo Urban County Community Development Block Grant (CDBG), Home Investment Partnerships Act (HOME) and Emergency Solutions Grant (ESG) Federal Entitlement Programs (Graham)
Recommendation:

Adopt a Resolution approving a Cooperation Agreement with the County of San Luis Obispo for continued participation in the San Luis Obispo Urban County for Council Agenda 8-4-2026

Pismo Beach City Council Agenda August 4, 2026

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Federal Community Development Block Grant (CDBG) Program, Home Investment Partnership Program (HOME), and Emergency Shelter grant (ESG) Program Federal Entitlement Programs for program years 2027-2029.

Item 9.K: Acceptance of Funding Award from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program; Related Budget Adjustments (Smith) Recommendation:

Adopt a Resolution accepting grant funds in the amount of $204,077.13 from the California Highway Patrol through the Cannabis Tax Fund Grant Program, and appropriating related budget adjustments in Fiscal Year 2027.

Item 9.L: Amendment #1 to the Agreement with Lisa Wise Consulting, Inc. for Zoning Code/Coastal Implementation Plan Update Services (Graham) Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the agreement with Lisa Wise Consulting, Inc. for professional services relating to the General Plan/Local Coastal Plan and Zoning Code in the amount of $11,519 in Fiscal Year 2027.

10.ITEMS PULLED FROM CONSENT CALENDAR

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

GENERAL PROCEDURES FOR PUBLIC HEARINGS (Mayor/Presiding Officer reserves discretion to set speaking allowances):

1.City staff will present the staff report and recommendation, and respond to technical/clarifying questions from Council;

2.Mayor will open the public hearing, and invite the project applicant, or representative, to present the project (Limited to 10 mins);

3.In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to present their appeal (Limited to 10 mins);

4.Mayor will then ask other interested persons to testify regarding the project (Limited to 3 mins per speaker);

5.Mayor will invite the project applicant, or representative, to make a rebuttal if desired (Limited to 5 mins);

6.In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to make a rebuttal if desired (Limited to 5 mins);

7.Mayor will close the public hearing, following which the Council will deliberate and act on the matter.

Item 11.A: Protest Hearing and Certification of Weed Abatement Charges for Forwarding to the County of San Luis Obispo for Placement on 2026 Property Tax Rolls (Provence)
Recommendation:

1.Conduct a Public Hearing to hear protests from property owners regarding weed abatement charges;

2.Adopt a Resolution certifying the amount of abatement proceedings for grass, weeds, and rubbish pursuant to Resolution R-2026-023 to be filed with San Luis Obispo County Tax Rolls, as indicated by Assessor Parcel Number per Health & Safety Code Section 14912.

12.BUSINESS ITEMS - May be reordered and heard prior to Public Hearings Item 12.A: Mid-Cycle Budget Adjustments for Fiscal Years 2026 and 2027 (Feeser) Recommendation:

Adopt a Resolution approving and appropriating budget adjustments for Fiscal Years 2026 and 2027.

Council Agenda 8-4-2026

Pismo Beach City Council Agenda August 4, 2026

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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:

Regular Meeting Tuesday, August 18, 2026
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 August 4, 2026 meeting(s) of the Pismo Beach City Council was posted on July 30, 2026, at

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

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

Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.

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

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

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

35.104 ADA Title II).

Council Agenda 8-4-2026

PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #3.A
Meetin Date: u ust 4, 2026

TITLE:

Fiscal Year 2027 Outside Requests for City Donations

RECOMMENDATION:

Adopt a Resolution approving and appropriating contributions to outside agencies for Fiscal Year 2027.

DISCUSSION:

Each year, the City receives requests from outside agencies requesting donations from the City. These donations come from discretionary funds and are the same monies used for City operations. Staff consolidates these requests into one report and presents this information as part of the budget process. Combining this process allows Council to ensure that City operations are funded prior to funding these donations.

Staff recommends that the Council consider the fiscal year (FY) 2027 outside agency applications for funding and request that Council provide direction to staff on funding requests as part of a resolution (Attachment 1).

FY 2027 Outside Agency Requests
This year, the City received requests from 10 outside agencies totaling $66,200. In the past five years, allocations have ranged from $75,700 to $176,000 (See Historical Funding List Attachment 2). In FY 2026, Council appropriated $75,700 for these requests, of which approximately $66,500 was supported by the General Fund unassigned fund balance and $9,200 from the Housing In Lieu Fee Fund balance. Note that the Council appropriated $100,000 for the 5Cities Homeless Coalition in FY 2026.

The FY 2027 Mid-Cycle Budget adjustments includes another $100,000 for the 5Cities Homeless Coalition, which is a separate funding process.

Table 1 provides summary list of this year’s requests from the various non-profit agencies pending Council’s review and approval. The table includes the agency’s name, the requested amount for FY 2027, the amount paid in FY 2026, and a description of how the requested donation would be used and benefit to the City. More details are available in the letters from Outside Agencies (Attachments 3 and 4). Attachment 3 provides the request letters without detailed financial statements; Attachment 4, which is provided online only in the Access Pismo public records portal at www.pismobeach.org/accesspismo1 due to file size, also includes detailed financial statements.

1 Full URL: https://portal.laserfiche.com/Portal/DocView.aspx?id=795477&repo=r-f36a9aa0

Council Agenda 8-4-2026 3.A-19.X-1

Table 1. Outside Agency Requests for FY 2027 Funding
Organization FY 2027
Amount
Requested
FY 2026
Amount
Paid
Benefit to City
Assistance League
of SLO County
$4,000 $0 Provide new, school-appropriate clothing to
Pismo Beach K-12 grade students in need.

Association of
Amputee Surfers
(AMPSURF)
$0 $15,000 Promote, Inspire, Educate and Rehabilitate
(PIER™) all people with disabilities and their
families through adaptive surfing and other
outdoor activities.

CAPSLO (EOC) -
Energy Svcs Home
Repair Program
$4,200 $4,200 Provide low-income residents with minor home repairs so they can stay in their homes.

CAPSLO -
Homeless Services
$0 $2,500 CAPSLO’s Homeless Services Division directly
benefits the City of Pismo Beach by reducing
the experience of homelessness or the threat
of homelessness for its citizens

CAP-SLO (EOC) -
Health and
Prevention
$5,000 $5,000 Provide free to low-cost family planning and reproductive health services to men, women,
teens, and undocumented individuals living in
Pismo Beach.

ECO-SLO - County
Coastal Cleanup
$0 $0 Equip and empower volunteers to lead
cleanups that will directly help the Pismo Beach
communities.

Five Cities
Diversity Coalition
$2,500 $0 Educate and train diversity.

Five Cities Meals
on Wheels
$13,000 $13,000 Help fund hot, nutritious meals for homebound residents of Pismo Beach.

Smart Share
Housing Solutions
$0 $0 Provide housing, support, and care for
residents in Pismo Beach.

NOOR Foundation $20,000 $16,000 Provide free, high-quality healthcare to underserved and uninsured adults residing in
Pismo Beach.

People's Self-Help
Housing
$5,000 $0 Provide safe, healthy housing, invest in Pismo Beach’s neighborhoods, provide quality
supportive health services, and prevent
homelessness among City residents
Pismo Beach
Chamber of
Commerce
$0 $5,000 Promote the Pismo beach experience to attract tourism, enhance the business community, and
engage the residents.

Council Agenda 8-4-2026 3.A-29.X-2

Organization FY 2027
Amount
Requested
FY 2026
Amount
Paid
Benefit to City
Shower the
People of SLO
$5,000 $5,000 Continue our hot shower program for the
homeless at our current busy sites in South
County.

SLO County
Housing Trust
Fund
$6,000 $5,000 Increase supply of affordable housing
throughout the county, including employees
who work in Pismo Beach.

SLO SCORE $1,500 $0 Enhance the Pismo Beach economy by giving free services to business owners to start, run
and grow a successful business.

Surfing for Hope
(Surf Camp)
$0 $5,000 Pure Stoke Surf Camps for kids, Cancer Survivor Camps, and our Grom Camps. These camps
bring in families going through the fight against
cancer from all over SLO County for the day.

Total Funding
Request
$66,200 $75,700

Conclusion and Recommendation
Staff recommends that the City Council determine appropriate funding levels for each agency and adopt a resolution (Attachment 1) approving and appropriating contributions to outside agencies for FY 2027.

FISCAL IMPACT:

If all requests are approved, the total amount needed to fund the donations is $66,200. A portion of this could come from the General Fund or Housing In Lieu Fee Fund (for affordable housing purposes) available fund balance. Table 2 summarizes the FY 2027 request and the past 5 years of payments to outside agencies by funding source.

Table 2. Summary of Current and Historical Outside Agency Support by Fund

FY 2027 FY 2026 FY 2025 FY 2024 FY 2023 FY 2022
Funding Source Request Actual Actual Actual Actual Actual General Fund Total 51,000$ 66,500$ 158,000$ $ 77,500 101,200$ 85,000$ Housing In Lieu Fee Fund 15,200 9,200 18,000 15,700 7,500 10,700 LBID Fund Total - - - 12,000 50,000 15,000 All Fund Budget Total 66,200$ 75,700$ 176,000$ 105,200$ 158,700$ 110,700$ Council Agenda 8-4-2026 3.A-39.X-3

ATTACHMENTS:

1. Resolution

2. Historical funding amounts

3. Letters from each outside agency (alphabetical order) – without financials

4. Letters from each outside agency (alphabetical order) – with financials (online- only attachment)
Prepared by:

Jerilyn Morneau, Office Assistant
Submitted by: Nadia Feeser, Administrative Services Director City Manager Approval:

Council Agenda 8-4-2026 3.A-49.X-4

RESOLUTION NO. R-2026-XXX

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

CALIFORNIA APPROVING AND APPROPRIATING CONTRIBUTIONS TO OUTSIDE AGENCIES FOR FISCAL YEAR 2027
WHEREAS, on August 4, 2026, the City Council reviewed Outside Agency requests for donations; and
WHEREAS, at this meeting, the City Council heard from various non-profit agencies requesting City funds; and
WHEREAS, on August 4, 2026, the City Council discussed contributions to non-profit agencies who requested funds and approved funding for the agencies as listed in Exhibit A, which by this reference are made a part hereof; and
WHEREAS, the City’s various funds have available fund balance to cover the one-time costs proposed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby by the City Council of the City of Pismo Beach appropriates expenditures in the amount of $_______ for fiscal year (FY) 2027 as summarized in the table below, and detailed in attached Exhibit A, which by this reference are made a part hereof Fund Amount
General Fund $________
Housing In Lieu Fee Fund $________
All Funds Total $________
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby that the City Council of the City of Pismo Beach hereby authorizes any necessary transfer appropriations between funds necessary to implement these approved Council approved adjustments for FY 2027.

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 4th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Attachment 1
Council Agenda 8-4-2026 3.A-59.X-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 8-4-2026 3.A-69.X-6

Historical Funding Amounts
FY 2027 FY 2027 FY 2027 FY 2026 FY 2025 FY 2024 FY 2023 FY 2022 Funding Source Actual Request Funding Source Actual Actual Actual Actual Actual 5Cities Homeless Coalition General Fund 100,000 25,000 25,000 25,000 American Red Cross General Fund - 1,000 3,500 3,500 3,500 Assistance League of SLO County 4,000 General Fund - 3,500 3,500 3,200 Association of Amputee Surfers (AMPSURF) General Fund 15,000 6,000 6,000 4,000 4,000 CAP-SLO (EOC) - Energy Svcs Home Repair
Program
4,200 Housing In-Lieu
Fund
4,200 4,500 4,200 4,500 4,200 CAP-SLO (EOC) - 40 Prado Homeless Services
Center
General Fund 2,500 - 5,000 5,000 CAP-SLO (EOC) - Health and Prevention 5,000 General Fund 5,000 5,000 5,000 ECO-SLO - County Coastal Cleanup 2,500 General Fund - 5,000 - 5,000 5,000 Five Cities Diversity Coalition General Fund 1,000 1,000 Five Cities Meals on Wheels 13,000 General Fund 13,000 10,000 - 10,000 8,000 Smart Share Housing Solutions Housing In-Lieu
Fund
- 3,500 3,500 3,500
NOOR Foundation 20,000 General Fund 16,000 16,000 16,000 15,000 15,000 People's Self-Help Housing 5,000 Housing In-Lieu Fund
5,000 5,000
Pismo Beach Chamber of Commerce General Fund 5,000 5,000 5,000 5,000 Shower the People of SLO 5,000 General Fund 5,000 7,500 7,500 7,500 5,000 SLO County Housing Trust Fund 6,000 Housing In-Lieu Fund
5,000 5,000 3,000 3,000 3,000 SLO County YMCA General Fund - 3,000 3,000 3,500 3,500 SLO SCORE 1,500 General Fund - 1,000 2,000 2,000 2,500 Surfing For Hope Foundation (Surf Camp) General Fund 5,000 United Way - SLO County 211 Hotline General Fund - 7,500 7,500 Subtotal Donations from General Fund
Unassigned Fund Balance
51,000 66,500 158,000 77,500 101,200 85,000 Housing In Lieu Fee Fund Balance 15,200 9,200 18,000 15,700 7,500 10,700 Basin Street Regulars / Jubilee by the Sea LBID 10,000 10,000 San Luis Obispo Int'l Film Festival LBID 5,000 5,000 Pismo Beach Chamber of Commerce LBID 12,000 15,000 SLO Coast Wine Collective LBID
Surfing for Hope (SLO CAL Open)LBID 20,000
Subtotal LBID Budget - - - 12,000 50,000 15,000 Subtotal LBID Budget (exclude Visit SLO)50,000 15,000 General Fund Total 51,000$ 66,500$ 158,000$ $ 77,500 101,200$ 85,000$ Housing In Lieu Fee Fund 15,200 9,200 18,000 15,700 7,500 10,700 LBID Fund Total - - - 12,000 50,000 15,000 All Fund Budget Total 66,200$ 75,700$ 176,000$ 105,200$ 158,700$ 110,700$ Attachment 2
Council Agenda 8-4-2026 3.A-79.X-7

Fiscal Year 2027 Outside Agency Request
Organization: Assistance League® of San Luis Obispo County Requested Funding: $4,000
Previously Received Funding: Yes
Direct Benefit to the City of Pismo Beach: Operation School Bell will clothe 2,000 referred students in the 2026-27 school year. 652 will be from the Lucia Mar Unified School District. The cost of this clothing is $127,750. K-5th grade students receive $175 and 6th – 12th grade students receive $225 in clothing.

Students from the South County are clothed at Old Navy.

Support Fiscal 2027 City Goals: Assistance League is dedicated to making a difference in the educational experience of these students by providing them with new appropriate clothing. Having a student population that attends school regularly enables them to make the most of their education, including intra and extra-curricular courses offered that enrich their lives and the life of our community.

Students who do not attend school regularly are very likely to develop bad habits and drop out of school, which can repeat the cycle of poverty. This is a loss most importantly to the students, but also to the communities in which we all live, work, and learn.

Priority of Needs: Operation School Bell is our primary philanthropic program. The thousands of volunteer hours donated through committee meetings, membership meetings, grant writing, and working in our Thrift Store go to support Operation School Bell.

Program Description: Operation School Bell® provides new school-appropriate clothing to Kindergarten –12th grade students in need, living and attending school in all ten school districts in San Luis Obispo County. In addition, each student clothed receives a grade-appropriate book through our subprogram Operation Bookshelf and grade-appropriate school supplies through our subprogram Operation School Supply.

The goal of Operation School Bell is to improve school attendance and participation by enabling students to attend school without feeling self-conscious or out of place due to a lack of proper clothing.

Assistance League liaisons coordinate with all schools on the county and provide them with the allotted number of students in need to be referred. The schools’ administrative staffs are best qualified to determine the students most in need. Students are met at the retail stores by member volunteers who assist and supervise their purchase of school clothing.

Point of Contact: Sharon Darnton
Attachment 4
Council Agenda 8-4-2026 3.A-89.X-8

Fiscal Year 2027 Outside Agency Request
Organizaon: CAPSLO, Energy Services
Requested Funding: $4,200
Previously Received Funding: Yes
Direct Beneﬁt to the City of Pismo Beach: Requested funds will beneﬁt the City of Pismo Beach by providing low-income and disabled residents with home repairs so they can stay safely intheir homes, gain increased accessibility throughout their homes, and live independent lives. Thes enhancements described above greatlyimprove quality of life and help seniors avoid living with their children or costly assisted living. Energy Services brings Pismo Beach homes up tohealth and safety standards, addresses building code violaons,constructs and installs handicapped access improvements, and removes architectural barriers.

In 2025, Energy Services provided 57 Pismo Beach households with Energy Services: 23 households received assistance with their ulity bills; 6households received weatherizaon services; 21 households received assistance with minor home repair with Area Agency on Aging, CountyCDBG, and Department of Energy funds. Seven home repair jobs were completed with City of Pismo Beach Funds.

Support Fiscal 2027 City Goals: CAPSLO’s Energy Services aligns with the City of Pismo Beach’s 2026 vision to “Provide a safe place” and goal of “Building on community strengthsto protect and enhance the City’s quality of life” by bringing residents’ homes up to health and safety codes and become more accessible. By addressing health and safety standards, building code violaons, handicapped access improvements, and architectural barriers, Minor Home Repair helps to migate falls, enables residents to remain safe and independent in their homes, and maintains the longevity and quality of homes and Pismo Beach neighborhoods.

Clients are ﬁrst interviewed to assess their needs; they can be cross-referred to other CAPSLO programs and resources in the community. Priority is given to clients who are severely disabled, lower income, or who do not have other resources or family members to assist them. Repairs will be carried out by Energy staﬀ who work under CAPSLO’s contractor’s license #623259 Priority of Needs: The needs of those we serve are greatly impacted by increasing inﬂaon, cost of housing, health care, and other necessies. Living on a ﬁxed income of Social Security, which Minor Home Repair clients do, exacerbates the ability to meet these needs. These issues are compounded by the ever-changing funding we receive to meet those needs, especially in light of recent federal changes.

Each of the programs we apply for have been impacted diﬀerently by these changes. At this point in me, we see the need for Senior Home Repair being the greatest and Health and Prevenon.

Program Descripon: CAPSLO operates the Minor Home Repair Program, which provides assistance with basic home repairs for lower income residents in San Luis Obispo County. The program targets low- income individuals, seniors, and disabled residents who lack suﬃcient resources to have repairs completed in their home. When screening clients in need several factors are considered, including health Attachment 4Attachment 4
Council Agenda 8-4-2026 3.A-99.X-9

Wheels (HCW). The Arroyo Grande clinic hours are Monday through Friday, from 8:30 am to 5:30 pm.

HCW began operang in 2024 and brings care directly to individuals where they live, work, and access services. At all clinic locaons, walk-ins are welcome and same-day appointments are available. No one is turned away for inability to pay! The clinics are also ADA accessible and have bilingual/bicultural staﬀ.

Point of Contact: Elizabeth "Biz" Steinberg,
Attachment 4Attachment 4
Council Agenda 8-4-2026 3.A-109.X-10

Fiscal Year 2027 Outside Agency Request
Organizaon: CAPSLO – Health and Prevenon
Requested Funding: $5,000
Previously Received Funding: Yes
Direct Beneﬁt to the City of Pismo Beach: These reproducve care services are fundamental and crical to the health of Pismo Beach’s low-income residents. In calendar year 2025, TheCenter served 89 unduplicated City of Pismo Beach residents with 220 clinic visits.The Center’s goal is to use funding to increase the overall health and wellbeing of low-income Pismo Beach residents, serving the most vulnerable populaons by providing easy access to essenal reproducve health care, including addional support services.

Funding will support clinic services: sexual health educaon; pregnancy tesng/counseling; tesng for cervical/tescular cancers; access to all contracepve methods; tesng/treatment for sexually transmied infecons; HIV/Hepas C tesng and treatment referrals; menopausalservices; human papillomavirus (HPV) vaccine; pap smears and treatment for abnormal tests; and referrals for no cost mammograms. Also, freshand non-perishable foods are distributed through the AG and HCW clinics.

Support Fiscal 2027 City Goals: Funds will advance the City’s Public Safety Goal, “prioriz[ing] the safety and well-being of the community” by providing residents who might nototherwise access care, the ability to obtain cancer screening and prevenon services, and access tesng/treatment for crical health issues. The Center will create a safer community, by increasing the overall health and well-being of those served – improving the health of one sector of thecommunity beneﬁts the health of the enre community!
The Center educates and counsels paents on pregnancy, family planning, and sexual health; idenﬁes and treats individuals with STIs prevenng the spread of infecon; and prevents serious health issues, such as reproducve cancers. The Center is also a CalBeneﬁts approvedorganizaon and can use the state’s universal applicaon to enroll qualifying paents in public beneﬁts programs (i.e., MediCal, CalFresh), providing access to services to help stabilize low-income families.

Priority of Needs: Currently, CAPSLO sees the greatest need for low-income Pismo Beach residents being: 1) The Energy Department’s Senior Home Repair Program, followed by 2) The Center’s reproducve health care clinic in Arroyo Grande and its mobile services. Client needs are aﬀected by inﬂaon, high housing costs, and basic necessies that oen take priority over these two services.

Unstable, changing funding further limits CAPSLO’s ability to meet needs, and each of these programs is aﬀected diﬀerently.

Program Descripon: CAPSLO’s The Center for Health and Prevenon (The Center) has been a provider of quality, caring, conﬁdenal reproducve health services for low-income, uninsured, and underserved members of the community since 1972. This funding will speciﬁcally be used to support The Center’s clinic in Arroyo Grande, which serves the Five Cies communies, and its mobile clinic, Health Care on Attachment 4Attachment 4
Council Agenda 8-4-2026 3.A-119.X-11

Wheels (HCW). The Arroyo Grande clinic hours are Monday through Friday, from 8:30 am to 5:30 pm.

Point of Contact: Elizabeth "Biz" Steinberg,
Attachment 4Attachment 4
Council Agenda 8-4-2026 3.A-129.X-12

Fiscal Year 2027 Outside Agency Request
Organizaon: Environmental Center of San Luis Obispo (ECOSLO) Requested Funding: $2,500
Previously Received Funding: Yes
Direct Beneﬁt to the City of Pismo Beach: Requested funds will support cleanup sites in Pismo Beach by purchasing gloves, bags, grabbers, and safety supplies for volunteers; providingwaste hauling and proper disposal; and funding site coordinators to manage high-traﬃc areas like the pier, downtown, and nearby creeks. Theseeﬀorts reduce lier entering the ocean, improve water quality, protect wildlife, and enhance the shoreline experience for residents and visitors.

Support Fiscal 2027 City Goals: Requested funds will advance the City of Pismo Beach’s 2027 goals by supporng environmental stewardship, public safety, and communityengagement. Funding enables eﬀecve cleanup operaons that reduce polluon, protect ocean and creek health, and enhance beach condions.It also supports safe, well-organized volunteer events that foster civic pride and partnerships, contribung to a cleaner, more resilient, andvisitor-friendly coastline Priority of Needs: Our highest priority is funding the on-the-ground execuon of Creeks to Coast Cleanup Day in Pismo Beach. This includes essenal volunteer supplies (gloves, bags, grabbers), safety materials, and waste hauling and disposal. Adequate funding ensures sites are fully staﬀed and equipped, allowing us to remove the greatest amount of lier, protect local waterways and wildlife, and deliver a safe, high-impact event for the community.

Program Descripon: ECOSLO’s Creeks to Coast Cleanup Day protects Pismo Beach by removing lier before it reaches the ocean, safeguarding wildlife and water quality. Funding will support site coordinaon, volunteer supplies, safety materials, and waste disposal. This investment enables broader community parcipaon, cleaner shorelines, and measurable environmental impact in a high-traﬃc coastal area.

Point of Contact: Kendra Paulding
Attachment 4Attachment 4
Council Agenda 8-4-2026 3.A-139.X-13

Fiscal Year 2027 Outside Agency Request
Organizaon: Five Cies Meals on Wheels
Requested Funding: $13,000
Previously Received Funding: Yes
Direct Beneﬁt to the City of Pismo Beach: Over the past year, your support helped Five Cies Meals on Wheels deliver 20,000+ meals to Pismo Beach and the Five Cies area, pairing nutrious food with regular wellness check-ins for neighbors who might otherwise go without. While our program is open to all ages, most of our clients are 65+, homebound, and face ﬁnancial and/or physical barriers to shopping and cooking. Need is rising: PPIC projects that by 2030, more than 1 million California seniors will require some self-care assistance, and Census QuickFacts (2025) shows 25% of Five Cies residents and 32.7% of Pismo Beach residents are 65+. Connued funding lets us meet this growth by purchasing ingredients and supplies to prepare and deliver meals and provide supporve human connecon. Currently, aer private and NGO food donaons, about 80% of our food must be purchased.

Support Fiscal 2027 City Goals: The City of Pismo Beach has been a valued and generous donor and partner for over 20 years. We are grateful for your past and connuing support. Our requested funds help achieve the Fiscal Year 2026/ 2027 City Goals to build on community strengths, protect and enhance the city's quality of life in two key ways: 1. Five Cies Meals on Wheels shares your vision of a primary goal to "Provide a Safe Place" forthe community of Pismo Beach by priorizing safety and well being. This aligns with our mission to deliver the services and care that help our neighbors remain safely and securely in their own homes. 2. By oﬀering hot meals without regard to age or income, we assist with investment in theneighborhood by strengthening in-home stability, providing essenal nutrion and regular check-ins that support residents who may otherwise be at risk of food insecurity or isolaon.

Priority of Needs: Our highest priority is stable, ongoing funding to oﬀset rising food costs and ensure we can connue purchasing the nutrious ingredients required to prepare meals for our clients. This grant will help us purchase the food and essenal supplies needed to bridge the gap between community and client donaons and the full cost of producing and delivering meals. Aer private and NGO food donaons, we must purchase 80% of our food supplies to meet ongoing demand.

Program Descripon: Since 1975, Five Cies Meals on Wheels has improved health and quality of life for homebound neighbors by delivering nutrious meals paired with meaningful social connecon. We serve individuals of all ages and income levels who need help meeng dietary needs; supporng independence, well-being, and a sense of community. With dedicated volunteers and staﬀ, we provide reliable, compassionate service that helps clients remain safely in their own homes. As a community- supported nonproﬁt, we rely on charitable contribuons to sustain and expand this essenal service.

Your generosity helps purchase, prepare, package, and deliver hot meals to approximately 80–100 homebound residents each week, providing consistent nutrion and regular wellness check-ins.

Point of Contact: Nicole Molacek
Attachment 4Attachment 4
Council Agenda 8-4-2026 3.A-149.X-14

Fiscal Year 2027 Outside Agency Request
Organizaon: SLO Noor Foundaon
Requested Funding: $20,000
Previously Received Funding: Yes
Direct Beneﬁt to the City of Pismo Beach: Last year, the SLONF provided almost 100 free healthcare appointments to Pismo Beach residents. In the Five Cies, the SLONF treated 202 unique paents via 771 free healthcare visits in 2025. This care, provided free to paents, is valued at approximately $213,614 in vital medical, dental, vision, & mental health services for Pismo Beach alone.

In 2026-27, the SLONF will increase its free, accessible healthcare to Pismo Beach residents & workforce by holding bimonthly mobile clinics.As recently published by the Naonal Library of Medicine, a 2024 study found that the SLONF’s 2022 healthcare services resulted in $11.5 millionin cost savings for the Central Coast, as well as a return on investment of $13.18 per $1 invested. Through this, the SLONF saved an esmated 146 QALYs (quality-of-life-years saved) for paents, including the City of Pismo Beach residents.

Support Fiscal 2027 City Goals: As a popular tourist desnaon, the City of Pismo Beach relies on a strong workforce, parcularly those in the hospitality industry. Yet, many vital employees remain unable to aﬀord and/or access healthcare services. Physical and mental health are key to a robust community & workforce. The SLONF, by oﬀering free healthcare, directly vitalizes Pismo Beach’s tourism goals and allows Pismo Beach to "enhance a vibrant tourist-based economy." The SLONF also aids the City’s goal to address homelessness. Burgeoning medical debt and untreated health issues, including mental health disorders, can give rise to unhoused populaons. The SLONF and its support services directly counteract medical debt and untreated health condions by oﬀering free & preventave healthcare. Access to health care may make the diﬀerence between a Pismo Beach community member being healthy enough to work, pay rent, and maintain their family.

Priority of Needs: Increased clinical capacity remains the driving goal for the SLONF in 2026-27. The SLO Noor Free Mobile Health Clinic travels three days/week to underserved locales, including Arroyo Grande, Grover Beach & Oceano. The demand for services has only grown, and in 2026, the SLO Noor Free Mobile Clinic hopes to visit Pismo Beach regularly. Increasing clinical capacity allows the SLO Noor Free Mobile Health Clinic to travel more frequently to Pismo Beach. To meet this need – and connue to serve exisng paents – the SLONF will use the $20,000 in requested funding toward paent costs:
laboratory diagnoscs, medical & dental supplies, radiology imaging, medical equipment, and healthcare professionals. By improving awareness and access to healthcare via mobile health and outreach, the SLONF will strengthen the City of Pismo Beach’s well being & health.

Program Descripon: The SLO Noor Foundaon (SLONF) provides free medical, dental, vision, and mental health care services to uninsured and underinsured adults in San Luis Obispo County, regardless of race, ethnicity, religion, gender, sexual orientaon, or immigraon status. The SLONF is commied to Attachment 4Attachment 4
Council Agenda 8-4-2026 3.A-159.X-15

advancing diversity and inclusion by helping ensure that all people, including those who work, reside, and congregate in the City of Pismo Beach, feel valued and have equal access to healthcare.

The requested $20,000 will be used to oﬀset direct clinic expenses, including clinical support staﬀ, essenal medical and dental supplies, and laboratory and radiology diagnoscs necessary to serve a projected 1,900 paents over 6,000 in-clinic, mobile, and telehealth encounters in the ﬁscal year (FY) 2026-27. Speciﬁcally, these funds will pay directly for uninsured residents of the City of Pismo Beach to receive free healthcare and support services via the SLO Noor Free Clinics.

Point of Contact: Elaina Smolin

Attachment 4Attachment 4
Council Agenda 8-4-2026 3.A-169.X-16

Fiscal Year 2027 Outside Agency Request
Organizaon: Peoples' Self-Help Housing
Requested Funding: $5,000
Previously Received Funding: Yes
Direct Beneﬁt to the City of Pismo Beach: In FY 2025, City funding helped PSHH deliver onsite clinical case management to 140 Pismo Beach residents (twice the number of units served) at Pismo Creek Bungalows, Sea Haven Apartments, and Pismo Terrace. Services included mental health counseling, Medi-Cal and CalFresh enrollment, medical transportaon, and crisis intervenon for households at risk of evicon or homelessness recidivism, all delivered free and onsite by licensed clinical social workers.

FY 2027 funds will sustain this same service level for an esmated 140 residents across 70 units, with intensiﬁed support for the 24 homeless set-aside units at Pismo Terrace parcipang in the SLO County Connuum of Care. Of those, 5 units (8 residents) are designated for Transional Age Youth: young adults exing foster care or homelessness who require coordinated clinical, educaonal, and beneﬁts navigaon support to achieve stable adulthood within Pismo Beach.

Support Fiscal 2027 City Goals: SHP directly advances two FY 2026 & 2027 Major City Goals. Under Quality of Life ("invest in neighborhoods"), SHP stabilizes 70 PSHH householdsacross three Pismo Beach properes, preserving the residenal character and cleanliness outcomes the City's beauﬁcaon strategies are designed to protect. Stable, well-supported neighbors are foundaonal to the small beach town character the City's vision priorizes.

Under Development and Housing Access ("invest in housing and homelessness assistance where feasible"), SHP provides the clinical wraparound services that make Pismo Terrace's 24 homeless set- aside units, including 5 TAY units, a successful Connuum of Care placement rather than a temporary one. By prevenng homelessness recidivism and intervening early when housing stability is threatened, SHP is the City's most cost-eﬃcient homelessness assistance investment.

Priority of Needs: PSHH's highest funding priority is the Supporve Housing Program. SHP is an 22-year- old clinical social services program embedded across 62 PSHH properes in 22 Central Coast communies, staﬀed by licensed and associate clinical social workers (LCSWs, ACSWs, LMFTs, AMFTs).

Since the COVID-19 pandemic, annual program ulizaon has climbed from approximately 50% to 62% across the porolio, reﬂecng growing resident reliance on clinical case management to maintain housing stability.

Demand is especially acute at properes with homeless set-aside units, like Pismo Terrace, where households entering through the Connuum of Care typically present with complex behavioral health, medical, and beneﬁts navigaon needs from day one. Sustaining clinical staﬃng at the required rao across the tri-county porolio, and at Pismo Beach properes speciﬁcally, is the most pressing funding need PSHH faces and the most direct path to prevenng returns to homelessness.

Attachment 4Attachment 4
Council Agenda 8-4-2026 3.A-179.X-17

Program Descripon: People’s Self-Help Housing's Supporve Housing Program (SHP) delivers free, voluntary, bilingual clinical case management to residents of three PSHH aﬀordable rental properes in Pismo Beach: Pismo Creek Bungalows, Sea Haven Apartments, and Pismo Terrace. Licensed clinical social workers provide crisis intervenon, healthcare navigaon, behavioral health counseling, beneﬁts enrollment, food and transportaon assistance, and housing-stability support to about 140 residents across 70 units. Funds will sustain onsite SHP services across all three Pismo Beach properes throughout FY 2027, with priority service delivery to the 24 homeless set-aside units at Pismo Terrace parcipang in the San Luis Obispo County Connuum of Care, including 5 Transional Age Youth (TAY) units serving 8 youth residents and 19 addional units for households exing homelessness. SHP is the clinical complement to PSHH's aﬀordable housing, helping residents stabilize, heal, and remain housed Point of Contact: June Eastham
Attachment 4Attachment 4
Council Agenda 8-4-2026 3.A-189.X-18

Fiscal Year 2027 Outside Agency Request
Organizaon: Shower the People
Requested Funding: $5,000
Previously Received Funding: Yes
Direct Beneﬁt to the City of Pismo Beach: Shower the People has been unable to idenfy a locaon in Pismo Beach City limits to oﬀer showers to the unhoused. STP remains open to showering within Pismo City limits if a suitable locaon can be idenﬁed, and for now STP invites all unhoused individuals in South County to shower at the Grover Beach locaon at People’s Kitchen. It would be remiss to assume that the comparavely higher numbers of unhoused individuals in need of services reported at STP sites, parcularly the Grover site, are irrelevant to the state of homelessness in Pismo Beach. It is highly likely that many individuals served at the STP site in Grover Beach travel from Pismo Beach for shower access.

The beneﬁt the program oﬀers the city of Pismo Beach is apparent by the sustained increase in individuals seeking services.

Support Fiscal 2027 City Goals: Shower the People’s funding request supports Pismo Beach’s goals for “Development of housing access” by “Invesng in housing and homelessness assistance where feasible.” And improving the Quality of Life by connecng the homeless with services to navigate their path back to being housed and being fully integrated back into the community. Showers support the health of unhoused community members and makes Pismo Beach a safer and more enjoyable place to live by helping to stop the spread of communicable disease, preserve public spaces and prevent crisis health situaons.

Priority of Needs: STP is accustomed to priorizing needs within the shower program and all listed expenses on the aached budget reﬂect necessary operaonal costs. Grant money received from the City of Pismo Beach will be directed towards the ability to provide clean underclothes and toiletries before guests shower
Program Descripon: Shower the People's (STP) all volunteer mobile shower program aims to oﬀer one of Pismo Beaches most vulnerable populaons the opportunity to regularly access valuable hygiene infrastructure, such as shower facilies, with privacy and dignity. The 2026-2027 goal of STP is to connue its successful shower program in south county with a dedicated Van and Shower Trailer and starng in June 2026, oﬀer showers 2 days each week.

In addion to connecng guests with available community resources, we supply guests with a towel and washcloth, new pair of underwear, socks, a T-shirt, a comb, toiletries and hand sanizer for their 15- minute hot shower.

Point of Contact: Gary Petersen
Attachment 4Attachment 4
Council Agenda 8-4-2026 3.A-199.X-19

Fiscal Year 2027 Outside Agency Request
Organizaon: San Luis Obispo County Housing Trust Fund
Requested Funding: $6,000
Previously Received Funding: Yes
Direct Beneﬁt to the City of Pismo Beach: This request is being made to cover a poron of our $1,300,000 annual operang budget. The requested funds will be combined with funds from other sources to pay a poron of our operang and lending expenses. Without suﬃcient operang revenues, we cannot provide ﬁnancing or technical assistance to our communies. Our operang costs have increased due to higher interest rates, inﬂaon, in the increase in our loan volume.

The primary beneﬁt to the city of supporng the SLOCHTF is that we relessly work to increase the supply of aﬀordable housing in Pismo Beach and throughout the county, beneﬁng the manyworkforce employees in Pismo Beach who both live in and outside of city limits. We also provide technical assistance to your Community Development Department on housing policies and programs.

Support Fiscal 2027 City Goals: The requested funds will directly help the city achieve its goals related to HOUSING, speciﬁcally, increasing the supply of aﬀordable housing. The SLOCHTF service area is limited to the County of SLO and fosters a regional and collaborave approach to fulﬁll its mission. We are proud to partner with the city of Pismo Beach in this endeavor.

Priority of Needs: Our Loan Fund: We connue to have very strong demand for our loans that ﬁnance aﬀordable housing units. Every dollar we bring in adds to our loan fund and allows us to lend that much more.

Program Descripon: The SLOCHTF (San Luis Obispo County Housing Trust Fund) is a 501C3 Nonproﬁt Community Revolving Loan Fund with the mission of increasing the supply of aﬀordable housing within SLO County. We fulﬁll our mission by providing ﬁnancing and technical assistance for aﬀordable housing developments.Since our founding in 2003, our local lending acvity has been robust: we have closed 80 loans totaling about $50 million creang or preserving over 1950 aﬀordable housing units in our county.

In Pismo Beach, we funded the Pismo Terrace development resulng in 50 units of aﬀordable housing.

Our loans have contributed to over $420 million of economic acvity via aﬀordable housing development throughout SLO County
Point of Contact: Jeﬀerson Eckles
Attachment 4Attachment 4
Council Agenda 8-4-2026 3.A-209.X-20

Fiscal Year 2027 Outside Agency Request
Organizaon: Service Corps of Rered Execuves (SCORE)
Requested Funding: $1,500
Previously Received Funding: Yes
Direct Beneﬁt to the City of Pismo Beach: Starng a new business can oen seem daunng. SCORE’s role is to provide mentoring experse, tools and reference resources and encouragement for the entrepreneurial pursuit. We never turn a client away. SCORE mentors will listen and help. This includes helping a new business owner get a business license from the City of Pismo Beach to making sure new owners have the fundamental knowledge to start a business. Our mentors help businesses understand how to deﬁne their business concept, manage cashﬂow and market their business. Research showsuse of SCORE mentoring improves the chances of business success. Working with the City, we are prepared to jointly sponsor and produce local workshops of interest to Pismo's business constuency on current topics, e.g. AI: possible applicaons and pialls.

Support Fiscal 2027 City Goals: SCORE’s mission is to foster the establishment, development, and growth of small business. Pismo Beach beneﬁts from the successful execuon of this mission in: economic growth and diversity, local job creaon, and an increase in tax and related revenues.

A vibrant local business community is a direct contributor to overall quality of life for residents and enhancing a vibrant tourist-based economy, both focus areas of the 2026/27 goals Priority of Needs: In 2025, SCORE lost federal funding support along with many other non-proﬁt organizaons. Since then, local SCORE Chapters (SLO included) have had to reimburse the Naonal oﬃce for services provided: accounng, markeng, IT, etc. This is the greatest need for funding support. As a consequence of the above change, we have worked hard to reduce local expenses, but that need is not zero, and that would be the 2nd use of funds, e.g. for community outreach and special projects.

Program Descripon: SCORE’s mission is to foster the establishment, development and growth of small business. In furtherance of this mission, SCORE oﬀers a range of services to small business owners: FREE Mentoring, Webinars on a wide range of topics pernent to small business; and Via SCORE.org, maintenance of a massive library of on-demand webinars, business tools and other archival resources covering all aspects of starng, operang and exing small businesses. SCORE's services are available to all interested pares, no limitaons or prior qualiﬁcaons.

Point of Contact: Tom Thompson
Attachment 4Attachment 4
Council Agenda 8-4-2026 3.A-219.X-21

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
August 4, 2026
TITLE:

Adoption of Meeting Minutes
RECOMMENDATION:

1.Adopt Minutes of the February 12, 2026 Special Meeting;

2.Adopt Minutes of the February 13, 2026 Special Meeting;

3.Adopt Minutes of the June 16, 2026 Closed and Regular Meeting.

DISCUSSION:

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

FISCAL IMPACT:

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

ATTACHMENTS:

1.Draft Minutes of the February 12, 2026 Special Meeting

2.Draft Minutes of the February 13, 2026 Special Meeting

3.Draft Minutes of the June 16, 2026 Closed and Regular Meeting Submitted by:

Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 8-4-2026 9.A-19.X-22

DRAFT MINUTES
Pismo Beach City Council
Thursday, February 12, 2026

Special Meeting—12:30 p.m.

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

The City Council of the City of Pismo Beach met this date in a special session with Mayor Waage presiding.

CALL TO ORDER: 12:30 p.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie (arrived 12:34 p.m.)
Council Member Stacy Inman
Council Member Scott Newton

Staff Present:

Erica Inderlied, City Clerk

2. PUBLIC COMMENT PERIOD

No action.

3. AGENDA ITEMS

Item 3.A: 2026 Annual Advisory Body Interviews and Appointments (Inderlied)

Recommendation

Review of Current Membership

1. Review the membership standing of current Advisory Body members, including training and attendance data, and provide direction to staff if desired.

Review of Applicants not Appearing for Interviews

2. Review the applications of applicants not appearing for an interview.

Council Agenda 8-4-2026 9.A-2
Attachment 1

9.X-23

Interviews – Applicants for Multiple Bodies

3.Conduct interviews of non-incumbent applicants who have applied for multiple Advisory Bodies.

Appointments or Other Direction

4.Provide preliminary direction to staff, if desired, regarding 13 vacancies for the term of March 1, 2026—February 29, 2028:
•Conference & Visitors Bureau Board / LBID Board (2 positions) •Parking Advisory Committee (3 positions)
•Parks, Recreation & Beautification Commission (2 positions) •Planning Commission (2 positions)
•Special Events Committee (2 positions)
•Traffic Safety Committee (2 positions)
Presenting staff:

Erica Inderlied, City Clerk
The City Council considered the applications of the following applicants not appearing for an interview:

Gregg Ales, for the Parks, Recreation and Beautification Commission.

Brian Salvatore, for the Conference & Visitors Bureau Board / LBID Advisory Board; Parks, Recreation and Beautification Commission; Special Events Committee.

Aubrey Arain, for the Parks, Recreation and Beautification Commission; Planning Commission; Special Events Committee.

The City Council conducted the following interviews:

Raymond McDonald, for the Conference & Visitors Bureau Board / LBID Advisory Board; Parking Advisory Committee; Traffic Safety Committee.

Kimberly Lewis, for the Conference & Visitors Bureau Board / LBID Advisory Board; Parking Advisory Committee; Special Events Committee.

Austin O'Dell, for the Planning Commission; Special Events Committee.

Lyndon Schaeffer, for the Parking Advisory Committee; Planning Commission; Traffic Safety Committee.

Rick Morefield, for the Parking Advisory Committee; Parks, Recreation and Beautification Commission.

Ray Rieger, for the Parks, Recreation and Beautification Commission; Special Events Committee.

Council Agenda 8-4-2026 9.A-3
Attachment 1

9.X-24

Amanda Erben, for the Conference & Visitors Bureau Board / LBID Advisory Board; Parks, Recreation and Beautification Commission; Special Events Committee.

Jason Vork, for the Parks, Recreation and Beautification Commission; Special Events Committee.

Jenn Hughes, for the Parks, Recreation and Beautification Commission; Planning Commission; Special Events Committee.

Bernardo Salcido, for the Conference & Visitors Bureau Board / LBID Advisory Board; Parks, Recreation and Beautification Commission; Special Events Committee.

Dean Krikorian, for the Parks, Recreation and Beautification Commission; Planning Commission; Special Events Committee.

Action: None.

4.CITY COUNCIL COMMENTS AND REQUESTS
No action.

5.ADJOURNMENT
At 4:53 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 8-4-2026 9.A-4
Attachment 1

9.X-25

DRAFT MINUTES
Pismo Beach City Council
Friday, February 13, 2026
Special Meeting—9:00 a.m.

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

CALL TO ORDER: 9:12 a.m.

1.ROLL CALL:

Present: Absent:

Mayor Ed Waage Council Member Marcia Guthrie
Mayor Pro Tem Mary Ann Reiss
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:

Erica Inderlied, City Clerk

2.PUBLIC COMMENT PERIOD
No action.

3.AGENDA ITEMS
Item 3.A: 2026 Annual Advisory Body Interviews and Appointments (Inderlied) Recommendation
Interviews – Applicants for Multiple Bodies

1.Continue conducting interviews of non-incumbent applicants who have applied for multiple Advisory Bodies.

Interviews – Single Applicants

2.Conduct interviews of non-incumbent applicants who have applied for one Advisory Body.

Interviews – Incumbent Applicants

3.Conduct interviews of incumbent applicants, if desired.

Council Agenda 8-4-2026 9.A-5
Attachment 2

9.X-26

Appointments or Other Direction

4. Provide final direction to staff regarding 13 vacancies for the term of March 1, 2026—February 29, 2028:
• Conference & Visitors Bureau Board / LBID Board (2 positions) • Parking Advisory Committee (3 positions)
• Parks, Recreation & Beautification Commission (2 positions) • Planning Commission (2 positions)
• Special Events Committee (2 positions)
• Traffic Safety Committee (2 positions)

Presenting staff:

Erica Inderlied, City Clerk

The City Council conducted the following interviews:

Kristen Springer, for the Conference & Visitors Bureau Board / LBID Advisory Board; Parks, Recreation and Beautification Commission; Special Events Committee.

Robert Barstow, for the Parks, Recreation and Beautification Commission; Planning Commission.

Julia Barstow, for the Special Events Committee.

Susan Mundahl-Rodriguez, for the Conference & Visitors Bureau Board / LBID Advisory Board; Parks, Recreation and Beautification Commission; Planning Commission.

Greg Cancilla, for the Conference & Visitors Bureau Board / LBID Advisory Board.

Bob Klinoff, for the Traffic Safety Committee.

Niral Patel, for the Conference & Visitors Bureau Board / LBID Advisory Board.

Bernard Ringer-Britz, for the Planning Commission; Parking Advisory Committee.

Ryan Wardle, for the Parks, Recreation and Beautification Commission.

The City Council considered the applications of the following incumbent applicants:

Jed Bickel, for the Conference and Visitors Bureau Board.

Michael Cotta, for the Traffic Safety Committee.

Linda Grupenhagen, for the Special Events Committee.

David Morneau, for the Conference & Visitors Bureau Board / LBID Advisory Board.

Council Agenda 8-4-2026 9.A-6
Attachment 2

9.X-27

Ron Rodriguez, for the Parks, Recreation and Beautification Commission.

Jimmy Summer, for the Planning Commission.

Don Day, for the Parking Advisory Committee.

Action: Make the following appointments:
•Conference and Visitors Bureau Board
Greg Cancilla, for a two-year term ending February 29, 2028.

David Morneau, for a two-year term ending February 29, 2028. •Parking Advisory Committee
Don Day, for a two-year term ending February 29, 2028.

Rick Morefield, for a two-year term ending February 29, 2028.

Bernard Ringer-Britz, for a two-year term ending February 29, 2028. •Parks, Recreation and Beautification Commission
Ron Rodriguez, for a two-year term ending February 29, 2028.

Ryan Wardle, for a two-year term ending February 29, 2028. •Planning Commission
Austin O’Dell, for a two-year term ending February 29, 2028.

Jimmy Summer, for a two-year term ending February 29, 2028. •Special Events Committee
Julia Barstow, for a two-year term ending February 29, 2028.

Kimberly Lewis, for a two-year term ending February 29, 2028. •Traffic Safety Committee
Michael Cotta, for a two-year term ending February 29, 2028.

Bob Klinoff, for a two-year term ending February 29, 2028.

4.CITY COUNCIL COMMENTS AND REQUESTS
No action.

5.ADJOURNMENT
At 4:53 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 8-4-2026 9.A-7
Attachment 2

9.X-28

DRAFT MINUTES
Pismo Beach City Council
Tuesday, June 16, 2026
Special Closed Session—4:30 p.m.

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

CALL TO ORDER: 4:30 p.m.

1.ROLL CALL:

Present: Absent:

Mayor Ed Waage Council Member Marcia Guthrie
Mayor Pro Tem Mary Ann Reiss
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:

Jorge Garcia, City Manager
Scot Graham, Community Development Director
Dean Pucci, City Attorney

2.ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Pucci announced the Closed Session items listed below.

Item 2.A: Conference with Real Property Negotiators (Government Code §54956.8) Property: 1243 Ocean Boulevard (APN 010-302-013)
1201 Ocean Boulevard (APN 010-302-012)
Agency Negotiator: Jorge E. Garcia
Under Negotiation: Terms of Sale
Item 2.B: Conference with Real Property Negotiators (Government Code §54956.8) Property: 900 Bello Street, APN 005-041-003
Agency Negotiator: Jorge E. Garcia, City Manager
Negotiating Parties: Barbara Maraist, Trustee of the Carole A. Burner Trust Under Negotiation: Price and terms of payment
Council Agenda 8-4-2026 9.A-8
Attachment 3

9.X-29

3. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

4. CLOSED SESSION

The Council retired to Closed Session to consider the above items.

5. CLOSED SESSION REPORT

City Attorney Pucci would report in the next regular open session that no reportable action was taken on the above items.

6. ADJOURNMENT
At 5:20 p.m., to the 5:30 p.m. Regular Meeting.

Council Agenda 8-4-2026 9.A-9
Attachment 3

9.X-30

Regular Meeting—5:30 p.m.

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

The City Council of the City of Pismo Beach met this date in a regular session with Mayor Waage presiding.

CALL TO ORDER: 5:30 p.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage Council Member Marcia Guthrie
Mayor Pro Tem Mary Ann Reiss
Council Member Stacy Inman
Council Member Scott Newton

Staff Present:

Silas Clarke, Assistant City Manager
Travis Craig, Division Chief
Rosemarie Gaglione, Director of Public Works
Vanessa Garris, Finance Manager
Jorge Garcia, City Manager
Scot Graham, Community Development Director
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Dean Pucci, City Attorney
Jeff Smith, Chief of Police

2. PLEDGE OF ALLEGIANCE

Mayor Waage led the Pledge of Allegiance.

3. ACCEPTANCE OF AGENDA

No requests to reorder the agenda.

4. PRESENTATIONS

Item 4.A: Proclamation: Recognizing July 2026 as Parks Make Life Better! Month (Jackson)

Presented to Colleen Cashmore-Ghiglia, Recreation Manager, and Ron Rodriguez, Parks, Recreation and Beautification Commission Chair.

Council Agenda 8-4-2026 9.A-10
Attachment 3

9.X-31

Item 4.B: Presentation: Introduction of New Employees

• Micah Acosta – Part-Time Lifeguard (Craig)
• Douglas Anderson – Part-Time Lifeguard (Craig)
• Madeline Davies – Part-Time Lifeguard (Craig)
• Wade Kuhlmann – Part-Time Lifeguard (Craig)
• Mason McDermott – Part-Time Lifeguard (Craig)
• Clive Vetsch – Part-Time Lifeguard (Craig)

• Shawn Copen – Fleet Mechanic (Gaglione)
• Kyle Long – Part-Time Maintenance Worker (Gaglione)

• Taylor White – Part-Time Recreation Intern (Jackson)

• Dalton Miller – Part-Time Office Assistant (Smith)
• Jason Spencer – Part Time Parking Enforcement (Smith)

Division Chief Craig and Seth Neuschwander, Fire Captain/Lifeguard Coordinator, introduced Micah Acosta, new Part Time Lifeguard; Douglas Anderson, new Part-Time Lifeguard; Madeline Davies, new Part-Time Lifeguard; Wade Kuhlmann, new Part-Time Lifeguard; Mason McDermott, new Part-Time Lifeguard; and Clive Vetsch, new Part-Time Lifeguard.

Public Works Director Gaglione introduced Shawn Copen, new Fleet Mechanic; and Kyle Long, new Part-Time Maintenance Worker.

Tourism and Events Director Jackson introduced Taylor White, new Part- Time Recreation Intern.

Police Chief Smith introduced Dalton Miller, new Part-Time Office Assistant; and Jason Spencer, new Part Time Parking Enforcement Officer.

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

City Attorney Pucci reported that the Council had taken no reportable action during its 4:30 p.m. Closed Session.

Council Agenda 8-4-2026 9.A-11
Attachment 3

9.X-32

8. COUNCIL COMMITTEE REPORTS

The Council reported on recent and upcoming meetings of various external bodies:

Council Member Inman:

Visit SLO CAL Advisory Board.

Council Member Newton:

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

Mayor Pro Tem Reiss:

California Joint Powers Insurance Authority (CJPIA) Executive Committee.

Mayor Waage:

San Luis Obispo County Community Fire Safe Council.

9. CONSENT CALENDAR

Call for public comment: No comment.

Action: Adopt Consent Calendar (Items 9.A through 9.G).

Motion: Newton
Second: Inman

Vote: The motion passed on the following vote:

Ayes: 4 Newton, Inman, Reiss, Waage
Noes: 0

Absent: 1 Guthrie
Abstain: 0
Recused: 0

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

Recommendation:

Adopt Minutes of the June 2, 2026 Closed and Regular Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for May 31, 2026;

2. Approve the Register of Demands for May 22, 2026, May 29, 2026, and June 5, 2026.

Council Agenda 8-4-2026 9.A-12
Attachment 3

9.X-33

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

Recommendation:

1. Review the need for continuing currently active local emergency proclamations;

2. Provide direction to staff if desired.

Item 9.D: Award of Janitorial Supplies Contract for City Facilities with Procare Janitorial Supply, Inc. (Gaglione)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Procare Janitorial Supply, Inc. to supply janitorial supplies in an amount not to exceed $115,000 in Fiscal Year 2027.

Legislative Record: Resolution R-2026-046 adopted.

Item 9.E: Agreement with IPS Group, Inc. for Parking Enforcement Services (Smith)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a five- year agreement with IPS Group, Inc. for parking enforcement services utilizing a sole source procurement.

Legislative Record: Resolution R-2026-047 adopted.

Item 9.F: Cancellation of July 7, 2026 Regular Meeting (Inderlied)

Recommendation:

Adopt a Resolution cancelling the July 7, 2026 Regular Meeting.

Legislative Record: Resolution R-2026-048 adopted.

Item 9.G: Modification of Price Street Parking Time Limits From 2 Hours To 3 Hours, Monday through Thursday, Year-Round (Graham)

Recommendation:

Adopt a Resolution establishing Time Limits for the Parking of Vehicles in the Downtown Parking District Pursuant to Municipal Code Chapter 10.08; Rescinding Resolution R-2016-068.

Legislative Record: Resolution R-2026-049 adopted.

Council Agenda 8-4-2026 9.A-13
Attachment 3

9.X-34

10. ITEMS PULLED FROM CONSENT

None.

12. BUSINESS ITEMS

This item was reordered.

Item 12.A: Highway 1/Dolliver Street/Price Street Relinquishment Update and Direction (Gaglione)

Recommendation:

Receive an update on the relinquishment process and provide direction to staff to continue moving forward with the relinquishment of Highway 1/Dolliver Street/Price Street in Pismo Beach.

Presenting staff:

Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager
Jeff Smith, Chief of Police

Supplemental material submitted into the record.

Call for public comment:

Cynthia Replogle commented.

Action: Consensus to direct staff to continue moving forward with the relinquishment of Highway 1/Dolliver Street/Price Street in Pismo Beach.

11. PUBLIC HEARINGS

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

Recommendation:

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

Presenting staff:

Travis Craig, Division Chief
Jorge Garcia, City Manager

Public Hearing / Call for public comment: No comment.

The public hearing was closed.

Action: No action.

Council Agenda 8-4-2026 9.A-14
Attachment 3

9.X-35

12. BUSINESS ITEMS

Item 12.A: Highway 1/Dolliver Street/Price Street Relinquishment Update and Direction (Gaglione)

This item was reordered and heard prior to Item 11.A.

Item 12.B: 2025 Northern Cities Management Area (NCMA) Annual Monitoring Report (Gaglione)

Recommendation:

No action recommended, for information only.

Presenting staff:

Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager

Supplemental material submitted into the record.

Call for public comment:

Brad Snook commented.

The public hearing was closed.

Action: No action.

13. CITY COUNCIL COMMENTS AND REQUESTS

The Council commended Police Department staff for the annual Pizza on the Pier event.

14. ADJOURNMENT

At 6:31 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

Council Agenda 8-4-2026 9.A-15
Attachment 3

9.X-36

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
August 4, 2026
TITLE:

Payroll Register and Register of Demands
RECOMMENDATION:

1. Approve the Summary of Payroll Register for June 14, 2026, June 28, 2026 and July 12, 2026;

2. Approve the Register of Demands for June 12, 2026, June 19, 2026, June 26, 2026, July 3, 2026 and July 10, 2026.

DISCUSSION:

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

FISCAL IMPACT:

As demonstrated in the attached payroll and check registers.

ATTACHMENTS:

1.Payroll Summary

2. Registers of Demands
Submitted by:

Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:

Council Agenda 8-4-2026 9.B-19.X-37

FOR PERIOD ENDING 06/14/26
CHECKS DATED 06/19/26

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 577300-577306 7
ACH 151

EARNINGS
REGULAR 467,682.87
HOLIDAY 5,923.69
OVERTIME (Includes Comp Time Payouts)26,702.43
Administration -
Building -
Conference & Visitors Bureau -
Police Department 16,656.93
Parking -
Planning 127.05
Fire 3,665.57
Recreation -
Public Works 1,790.07
Water 1,325.68
Wastewater 3,137.13
Motor Vehicles -
Subtotal-Overtime 26,702.43$

SALARY ADJUSTMENTS -
TRAINING / UNIFORM ALLOWANCE 1,127.20
OTHER EARNINGS 9,298.33
$510,734.52

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 47,209.62
FICA & MEDICARE 39,448.23
STATE INCOME TAX 18,716.86
STATE DISABILITY INSURANCE 6,423.08
GARNISHMENTS 2,312.95
HEALTH 4,011.61
SUPPLEMENTAL DISABILITY 1,207.67
SECTION 125 3,277.10
PERS 43,758.39
DEFERRED COMPENSATION 15,590.34
ADDITIONAL LIFE INSURANCE 345.01
UNION DUES 2,546.25
PISMO ATHLETIC CLUB 525.00
OTHER
NET PAYROLL $325,362.41
DIRECT DEPOSIT DEDUCTION 318,130.95
NET PAYROLL AFTER ACH DEPOSIT 7,231.46

SUMMARY PAYROLL REGISTER
Council Agenda 8-4-2026 9.B-2
Attachment 1

9.X-38

FOR PERIOD ENDING 06/28/26
CHECKS DATED 07/02/26

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 577307-577313 7
ACH 153

EARNINGS
REGULAR 474,527.21
HOLIDAY 5,923.68
OVERTIME (Includes Comp Time Payouts)37,372.57
Administration 260.16
Building -
Conference & Visitors Bureau -
Police Department 20,696.84
Parking -
Planning 101.64
Fire 5,537.23
Recreation -
Public Works 3,241.94
Water 1,692.06
Wastewater 5,842.70
Motor Vehicles -
Subtotal-Overtime 37,372.57$

SALARY ADJUSTMENTS -
TRAINING / UNIFORM ALLOWANCE 1,127.20
OTHER EARNINGS 12,827.33
FEDERAL WITHHOLDING TAX 49,609.91
FICA & MEDICARE 41,054.10
STATE INCOME TAX 19,969.28
STATE DISABILITY INSURANCE 6,694.47
GARNISHMENTS 2,074.59
HEALTH 3,982.33
SUPPLEMENTAL DISABILITY 1,207.67
SECTION 125 3,277.10
PERS 43,869.23
DEFERRED COMPENSATION 15,420.34
ADDITIONAL LIFE INSURANCE 345.01
UNION DUES 2,511.33
PISMO ATHLETIC CLUB 525.00
OTHER
DIRECT DEPOSIT DEDUCTION 335,526.43
NET PAYROLL AFTER ACH DEPOSIT 5,711.20

SUMMARY PAYROLL REGISTER
Council Agenda 8-4-2026 9.B-3
Attachment 1

9.X-39

FOR PERIOD ENDING 07/12/26
CHECKS DATED 07/17/26

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 577314-577321 8
ACH 157

EARNINGS
REGULAR 479,947.12
HOLIDAY 6,113.26
OVERTIME (Includes Comp Time Payouts)42,572.57
Administration -
Building -
Conference & Visitors Bureau 573.79
Police Department 17,321.64
Parking -
Planning -
Fire 7,285.07
Recreation -
Public Works 8,486.15
Water 2,679.48
Wastewater 6,226.44
Motor Vehicles -
Subtotal-Overtime 42,572.57$

SALARY ADJUSTMENTS -
TRAINING / UNIFORM ALLOWANCE 1,935.20
OTHER EARNINGS 24,150.43
FEDERAL WITHHOLDING TAX 52,897.95
FICA & MEDICARE 42,118.95
STATE INCOME TAX 20,901.08
STATE DISABILITY INSURANCE 6,986.67
GARNISHMENTS 2,390.06
HEALTH 4,052.31
SUPPLEMENTAL DISABILITY 1,207.67
SECTION 125 3,403.32
PERS 43,896.85
DEFERRED COMPENSATION 15,520.34
ADDITIONAL LIFE INSURANCE 345.01
UNION DUES 2,562.80
PISMO ATHLETIC CLUB 465.00
OTHER
DIRECT DEPOSIT DEDUCTION 349,609.86
NET PAYROLL AFTER ACH DEPOSIT 8,360.71

SUMMARY PAYROLL REGISTER
Council Agenda 8-4-2026 9.B-4
Attachment 1

9.X-40

ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 11224 Richards, Watson, Gershon Attorneys At Law 1,580.00$ Professional Legal Services - Apr 2026 ACH 12944 Leaf 411.02 Monthly PD & 900 Bello & 585 Dolliver Copier Lease June 2026 137635 12275 Airgas West Inc 50.42 Helium Rental - Rec - May 2026 137636 12433 Alpha Electrical Service Inc 6,375.00 Pump Replacement 137637 11382 Applied Technology Group, Inc.108,804.53 RGB Spectrum Equipment & Avtec Radio Consoles & Mobile Command Center Encryption Upgrade
137638 UB*01289 Ryan Babigian (T)180.00 Refund Check 019547-000, 545 BELLO #6 137639 15074 Jessica Benzon 51.90 Reimb: Ubers - 2026 Laserfiche Empower Conference 4/26-4/30/26 137640 15295 Bogle Builders Inc 240.00 Refund Long-term Parking City Pier Lot - Early Departure Refund 137641 11392 Brenntag Pacific Inc.2,028.94 Sodium Bisulfite 137642 14476 Burt Industrial Supply, Inc 21.48 WWTP System Maintenance 137643 13852 California Diesel & RV LLC 825.00 Vehicle Maintenance 137644 11451 Channel Islands Technology Integrators' Group 475.45 IT Professional Services 137645 10667 Complete Paperless Solutions, LLC 19,178.28 Additional Laserfiche License & Laserfiche Cloud Subscription & Migration Services
137646 14146 Pamela Ann Coslick 80.00 Instructor: Tae Kwon Do 4/1-5/27/26 #11863 137647 12156 County Of San Luis Obispo 1,939.55 Backflow Prevention Program - Activities & Admin Mar/Apr 2026 137648 14202 Crisp Imaging 1,304.25 Printing Services
137649 11469 Eikhof Design Group Inc 1,428.75 Pier Ave Storm Drain Repair - April 2026 137650 11059 Emergency Vehicle Group Inc 548.84 Vehicle Maintenance 137651 14796 EP Safety Plus, LLC 199.00 SRL Inspection Shipping & Packing 137652 UB*01288 F&H Construction 947.02 Refund Check 019519-000, BELLO & WADSWORTH 137653 13586 Famcon Pipe & Supply Inc.1,667.05 Distribution Maintenance 137654 14206 Filippin Engineering, Inc.57,845.90 Ventana Courts CM - April 2026 137655 13401 Rebecca Forcier 378.74 Reimb: Rental Car/Flight Change/Fuel CMO Meetings/'Cuz We're 137656 15230 General Technologies and Solutions Inc 22,168.75 Bello & Wadsworth Paving and ADA Design - Feb - May 2026 137657 15232 Identisys Incorporated 46,295.75 Eventide Recording System 137658 13385 IPS Group, Inc.5,112.68 IPS Transaction Fees - April 2026 137659 15294 Linnette Johnson 76.00 Deposit Refund - SPG 6/27/26 137660 UB*01287 Lamassu Utility Services, Inc 1,097.14 Refund Check 020191-000, BAY & BELLO 137661 15187 Lisa Wise Consulting, Inc.6,025.00 SLR Assessment - GP/LCP Zoning Updates - Apr 2026 137662 14674 McGrath Rentcorp 4,289.34 3 Temporary Trailers 330 Main St. - Lease 5/24/26 - 6/22/26 137663 12279 McMaster Carr 30.83 WWTP System Maintenance 137664 10097 Miners Hardware 484.22 Maintenance Supplies 137665 13964 MNS Engineers, Inc.21,226.50 Eldwayen Park Sidewalk Re-Route & Price St & Ocean View Improvements & Staff Extension for Inspection Services - April 2026 137666 15066 Nichols Consulting Engineers, CHTD 38,899.93 2026 Roadway Maintenance Design & Slurry Seal - May 2026 137667 14343 ODP Business Solutions, LLC 16.65 Office Supplies 137668 12315 Pacific Gas & Electric Company 18,818.15 Electricity 5/5/26-6/5/26 137669 UB*01286 Andrea Payne (T)53.73 Refund Check 019700-000, 134 PALOMAR 137670 12070 Michelle Pearson 809.04 Reimb: Hotel - 2026 AFSS ED Forum 5/5-5/8/26 137671 13197 Pioneer Americas, LLC 11,691.87 Sodium Hypochlorite 137672 13201 Rincon Consultants, Inc.8,212.50 CEQA/NEPA for Central Coast Blue Apr 2026 137673 11266 San Luis Auto Parts Inc 410.21 Vehicle Maintenance 137674 13994 SBRK Finance Holdings, Inc.741.00 CivicPay IVR Transaction Fees May 2026 137675 14557 Securitas Technology Corporation 1,535.52 Security & Fire Monitoring - 9/1-12/31/25 & 10/1/25-12/31/25 & 1/1- 3/31/26
137676 10093 SLO County Auditor-Controller 10,075.00 Phoenix Parking Surcharges - Apr 2026 137677 10532 SLO County Sheriff-Coroner 923.00 Crime Lab Tests 2/19/2026 - 4/2/2026 137678 14099 Jeffrey Smith 155.00 M&IE: CPCA Board of Directors 6/24-6/26/26 137679 14113 Southpaw Sign Co., Inc.13,305.13 Dolliver/Main/Pomeroy Parking Lot Signs 137680 14361 Sun Ridge Systems, Inc.17,255.00 RIMS Annual Software Support & Updates 5/24/26-5/23/27 137681 12630 SWCA Environmental Consultants 831.00 Cliff and Ocean Archaeological Monitoring - April & May 2026 137682 14746 Trojan Petroleum, Inc.7,508.73 Diesel & Unleaded Fuel Delivery 5/27/26 137683 14931 U. S. Bancorp Asset Management, Inc.3,848.60 Investment Advisory Services - Apr 2026 137684 12041 United Rentals Northwest, Inc 906.39 Equipment Rental 137685 13458 Urban Futures Inc.3,800.00 Continuing Disclosure for 2017 & 2024 Bonds 137686 12622 USA Bluebook Acct: 82507 637.88 WWTP Lab & System Maintenance 137687 14115 Vanir Construction Mgmt, Inc.37,331.00 Public Safety Facility CM - April 2026 137688 13678 Wallace Group 35,014.35 Shell Beach Rd Shared Use Path - April 2026 137689 12527 Water Systems Consulting Inc 11,318.25 CCB Management Support - April 2026 Total:537,465.26$
City of Pismo Beach
Final Disbursement List Check Date 06/12/2026

US BANK
Council Agenda 8-4-2026 9.B-5
Attachment 2

9.X-41

ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service 126,106.08$ Federal Income Tax PD 06/19/26 ACH 11208 SEIU Local 620 AFL/CIO 890.25 SEIU Dues PD 06/19/26 ACH 11305 Public Employees Retirement System 90,484.42 PERS Retirement EE & ER PD 06/19/26 ACH 12017 Vantagepoint Transfer Agents 9,028.00 Retiree Health Longevity Premiums - PD 07/01/26 ACH 12211 CA. Public Emp Retirement Sys 153,469.19 Medical Insurance - July 2026 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 34,000.22 ICMA 457 Deferred Comp EE & ER PD 06/19/26 ACH 12305 Franchise Tax Board 25,139.94 SDI & State Income Tax PD 06/19/26 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA
676.25 ICMA Roth IRA PD 06/19/26
ACH 13455 Wex 1,096.77 Fuel for City Vehicles 05/07/26 - 06/06/26 ACH 14257 Igoe Administrative Services 144.00 Medical/Dependent Care FS Monthly Participation Fee ACH 15290 Mission Square - RHT Mgmt 588.85 Retiree Healthcare Trust MGMT - PD 06/19/26 137690 14078 5-Cities Community Service Foundation 150.00 Membership Dues - May 2026 137691 10434 Abalone Coast Analytical Inc 144.00 Water Analysis 137692 10695 Aflac 2,505.17 Supplemental Disability Insurance - June 2026 137693 14440 Paul Amarillas 1,164.17 Uniforms
137694 13460 AT&T Mobility 287284035974 1,193.73 Monthly Phone Service - May 2026 137695 14363 AT&T Mobility 287314925891 234.86 iPad Tablet Service - May 2026 137696 14799 Bikes by T & W LLC 2,241.85 Bicycle Maintenance 137697 14827 John Robert Bledsoe 2,364.50 Background Investigation 137698 15231 Ellen Boyle 198.92 M&IE/Mileage/Reimb: Ubers - 2026 Laserfiche Empower Conference 4/26-4/30/26
137699 11392 Brenntag Pacific Inc.2,031.64 Sodium Bisulfite 137700 14476 Burt Industrial Supply, Inc 315.78 WW System Maintenance 137701 14414 California State Disbursement Unit 415.38 Tax Withholding Order PD 06/19/26 137702 14771 California State Disbursement Unit 16.15 Tax Withholding Order PD 06/19/26 137703 14995 California State Disbursement Unit 260.30 Tax Withholding Order PD 06/19/26 137704 14855 California's Best Janitorial 21,170.16 Janitorial Services - May 2026 137705 14349 Callander Associates Landscape Architecture, Inc 2,784.00 Ventana Sports Courts - April 2026 137706 13305 Robert Cantrell 1,125.00 4th of July - Band Performance 137707 11451 Channel Islands Technology Integrators' Group 26,957.59 PSF Network Project Labor 5/5-5/29/26 & Monthly Backup Subscriptions/ IT Services & Microsoft O365- Phone- MDM & Storage Licenses - May 2026 & Monthly Infrastructure Mgmt & Help Desk - June 2026
137708 14415 CLAD Consulting, Inc.9,692.50 Public Safety Facility CM - April 2026 137709 10667 Complete Paperless Solutions, LLC 3,931.50 Additional Conditional Starting Events for Laserfiche Cloud 137710 12404 Franchise Tax Board Court-Ordered Debt
Collections
238.36 Tax Withholding Order PD 06/19/26
137711 12307 Department Of Justice 224.00 Pre-employment Background 137712 11794 Dimes Media Corporation 200.50 Advertising: Pacific Breeze Summer Concerts 5/4-5/10/26 137713 12790 Diversified Project Services International 7,522.50 Toucan Terrace Relining - May 2026 137714 11222 Drive Customs 5,532.38 Vehicle Upfitting
137715 14741 Epic Entertainment, Inc.1,795.00 DJ Services - July 4th Celebration 137716 13586 Famcon Pipe & Supply Inc.5,752.41 Distribution Maintenance 137717 10191 Nadia Feeser 265.20 Mileage&IE: Department Head Retreat 5/13-5/15/26 137718 11868 FGL Environmental 598.00 Water Analysis
137719 14206 Filippin Engineering, Inc.46,539.00 Ventana Courts CM - May 2026 137720 15213 Flex Technology Group LLC 219.43 Monthly Copier Usage May 2026 137721 13980 Garing, Taylor & Associates, Inc.6,815.00 Cliff Avenue Parking Design - May 2026 137722 10797 Geosolutions, Inc.2,585.65 Geotech Ventana Courts - May 2026 137723 13371 GHD Inc.17,450.45 Sea Level Rise Assessment - May 2026 137724 10398 Liliana Graham 336.00 Instructor: Ballroom/Latin Dance 5/4-5/25/26 #11857 137725 14934 Scot Graham 228.23 Mileage: Department Head Retreat 5/13-5/15/26 137726 12952 GSI Water Solutions Inc 1,843.63 NCMA 2025 Annual Report - May 2026 137727 10376 Hinderliter, de Llamas & Associates 2,527.14 Audit Services - Transactions Tax Q2/2026 & Contract & Audit Services Sales Tax - Apr-Jun 2026
137728 14481 HPS West, Inc 1,239.05 Water Meters
137729 13276 InfoSend, Inc. 1,326.22 Processing-Printing-Mailing Utility Bills May 2026 137730 14660 Interwest Consulting Group 20,880.00 Plan Inspection - Public Safety Facility - May 2026 137731 13385 IPS Group, Inc. 5,057.59 IPS Transaction Fees - May 2026 137732 12255 Iron Mountain Information Mgmt, Inc 34.99 Shredding Services - 4/22/26 - 5/26/26 137733 11739 J.B. Dewar Incorporated 192.01 WW System Maintenance 137734 UB*01290 Mary Jannopoulos 243.60 Refund Check 010725-000, 34 EL VIENTO 137735 15267 JPW Communications, Inc 1,995.00 Public Engagement for Safety Element Parks and Rec 137736 15258 L6 Engineering 28,530.00 Public Safety Center PM - May 2026 137737 15021 Wendy Lawton 1,150.00 Tax Withholding Order PD 06/19/26 137738 13361 Marborg Industries Santa Barbara 102.31 Portable Restrooms 137739 14674 McGrath Rentcorp 4,289.34 3 Temporary Trailers 330 Main St. - Lease 4/24/26 - 5/23/26 137740 15264 Michael K. Nunley & Associates, LLP 6,031.50 Charles Reservoir - May 2026 City of Pismo Beach
Final Disbursement List Check Date 06/19/2026

US BANK
Council Agenda 8-4-2026 9.B-6
Attachment 2

9.X-42

ACH/ Vendor Check
Check# Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 06/19/2026

US BANK
137741 14739 Mike's Coffee and Tea Co.64.00 Coffee
137742 10097 Miners Hardware 676.92 Maintenance Supplies 137743 11172 Mullahey Ford 660.52 Vehicle Maintenance
137744 14878 Nevada State Treasurer 2.00 Tax Withholding Order PD 06/19/26 137745 10753 Nick's Telecom 300.00 PD261 Radio System & Lighting Check-Out 137746 14887 Nixon-Egli Equipment Co. of Southern CA, Inc.1,671.05 Vehicle Maintenance 137747 12199 Noble Saw, Inc 94.90 Equipment Maintenance 137748 14343 ODP Business Solutions, LLC 173.75 Office Supplies 137749 12315 Pacific Gas & Electric Company 49,193.31 Electricity - June 2026 137750 10633 Pismo Beach Athletic Club Inc 1,050.00 PBAC Dues Collected for June 2026 137751 12022 Pismo Beach Police Officer's Association 1,656.00 POA Dues PD 06/19/26 137752 14740 Premier Supply, LLC 216.42 Parks Maintenance 137753 12335 Procare Janitorial Supply Inc 1,234.40 Janitorial Supplies 137754 13766 Professional Cycle Parts, Inc.18,308.18 FDB64 Replacement Watercraft 137755 15034 Safe Sidewalks Incorporated 6,036.75 Downtown Sidewalk Repair 137756 11266 San Luis Auto Parts Inc 728.45 Vehicle Maintenance 137757 12108 Santa Maria Tire, Inc.1,363.76 Vehicle Maintenance 137758 14738 SCA Of CA, LLC 13,662.62 Street Sweeping Services - May 2026 137759 14877 SCaDU 230.76 Tax Withholding Order PD 06/19/26 137760 14754 Schwind Electric 8,214.00 Electrical Labor 137761 13913 Silvas Oil Co., Inc 11,568.13 Diesel & Unleaded Fuel Delivery 6/4/26 137762 10913 Siteone Landscape Supply LLC 476.26 Parks Maintenance 137763 14099 Jeffrey Smith 15.00 IE: Department Head Retreat 5/12-5/15/26 137764 13860 South County Chambers of Commerce 85.00 State of the Cities Luncheon 6/18/26 137765 11722 SP Maintenance Services Inc 5,157.67 Parking Lot & Street Sweeping Services - May 2026 137766 12306 State Water Resources Control Board 105.00 Grade D4 Cert Renewal Fee 137767 14015 The Pape` Group Inc.1,075.33 Vehicle Maintenance 137768 13442 Thorn Run Partners 5,500.00 Federal Lobbying Services - June 2026 137769 12461 TJA Advertising 60,532.76 LBID Advertising and Promotion Services - May 2026 137770 12860 Townsend Public Affairs 5,000.00 State Lobbying Services - June 2026 137771 14821 Traffic Management Products Inc 312.41 Signs 137772 13392 Urban Planning Concepts 13,807.50 GP/LCP Grant #23-04 & #25-01 - May 2026 & Project Management Safety Element OPC Grant Funded
137773 15152 Vintage Bar Collection LLC 14,183.00 4th of July - Catering 137774 10370 Visit SLO CAL 4,276.99 2026 IPW Activation Booth & Related Expenses 5/17-5/21/26 137775 14034 Vital Records Holdings, LLC 198.74 Document Storage June 2026 137776 13678 Wallace Group 2,897.50 2025 SSMP Audit & 2026 SSMP Update - April 2026 137777 15116 Wanger Jones Helsley PC 432.00 Professional Legal Services - May 2026 137778 12527 Water Systems Consulting Inc 14,020.51 NCMA Staff Extension Services FY26 &CCB Management Support - May 2026
137779 12132 White Flag Pest Control Inc 991.00 Pest Control Total:938,438.25$
Council Agenda 8-4-2026 9.B-7
Attachment 2

9.X-43

ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 12944 Leaf 1,236.91$ Copier Lease - June 2026 ACH 10371 Visit SLO County 167,643.10 TMD Payments Apr 2026 ACH 14257 Igoe Administrative Services 3,916.33 IGOE FSA & DDS Reimbursement - June 2026 137780 10434 Abalone Coast Analytical Inc 432.00 Water Analysis 137781 11477 ACP International 298.23 Monarch Pathway
137782 12275 Airgas West Inc 82.20 Medical Supplies
137783 15244 ALL HANDS FIRE EQUIPMENT LLC 21,189.29 Turnout Lockers - PSF 137784 12624 AT&T 9391012187 5,643.26 Internet Service - May 2026 137785 12623 AT&T 9391012188 7,307.66 Phone Service - May 2026 137786 13278 AT&T 9391059148 1,834.15 Phone Service - May 2026 137787 12625 AT&T 9391083592 1,550.82 Internet Service - May 2026 137788 15251 AT&T 9391084843 1,933.06 Internet Service - May 2026 137789 15271 AT&T 9391084857 966.16 Phone & Internet Service - May 2026 137790 10295 B & B Steel & Supply 38.26 Maintenance Supplies 137791 10293 Battery Systems Inc 337.81 Vehicle Maintenance 137792 10435 Berchtold Equipment Company 79.79 Vehicle Maintenance 137793 14432 Blue-White Industries 2,405.29 WW System Maintenance 137794 14869 Michael Brannagan 2,380.00 GIS Updates - Apr 2026 137795 12346 Broyhill Manufacturing Company 1,379.84 Vehicle Maintenance 137796 10074 Burdine Printing 92.24 Printing Services
137797 14476 Burt Industrial Supply, Inc 2,857.21 WW System Maintenance 137798 14766 C&M Western, Inc 450.00 Safety Boots FY26
137799 15107 Carmel & Naccasha LLP 1,510.50 Professional Legal Services - Apr 2026 137800 12506 CCGC, Inc Attn: AR 9,324.00 Public Safety Facility Special Inspections - March & April 2026 137801 11451 Channel Islands Technology Integrators' Group 7,326.34 IT Professional Services 137802 15262 Silas Clarke 228.23 Mileage&IE: Department Head Retreat 5/13-5/15/26 137803 14247 Coastal Tree Experts, Inc.500.00 Tree & Shrub Service 137804 14313 Culligan/Santa Maria 952.45 Drinking Water May 2026 & Car Wash Filtration & Service 5/25 & Soft Water Tank
137805 12628 Dell Marketing LP 1,332.98 Computer Accessories - PSF 137806 12541 Engel & Gray Inc 10,501.27 Composting Biosolids - May 2026 137807 14325 Engeo Incorporated 11,961.04 Ocean Boulevard/Cliff Avenue Storm Drain - March 2026 137808 15213 FLEX TECHNOLOGY GROUP LLC 2,226.73 Copier Usage - May 2026 & Equipment Delivery Charge - PSF 137809 15027 Rosemarie Gaglione 10.00 IE: Department Head Retreat 5/13-5/15/26 137810 12168 Gregory Dean Gallegos 3,200.00 Weed Abatement 137811 13575 Jorge Garcia 233.95 M&IE/Mileage: Department Head Retreat 5/12-5/15/26 137812 14208 Gold Coast Environmental, Inc 10,324.45 WW System Maintenance 137813 10751 Haaker Equipment Company 3,671.23 Collections System Maintenance 137814 10806 Hach Company 324.80 Water Systems Maintenance 137815 15296 AARON JOHNSTON 1,150.00 Vehicle Maintenance 137816 14277 Kyle Laughlin 253.00 M&IE: DRE Training 6/24-6/27/26 137817 10175 Life-Assist, Inc.597.13 Medical Supplies
137818 14044 Alan McClintock 16,699.20 City Hall & Police VPN Subscriptions 137819 12279 McMaster Carr 29.94 WW System Maintenance
137820 14042 Merjan Enterprises, Inc.2,250.00 VMS - Camera Preventative Maintenance 137821 14739 Mike's Coffee and Tea Co.192.00 Coffee
137822 10097 Miners Hardware 270.56 Maintenance Supplies 137823 14405 Mission Linen Supply 5,114.52 Uniforms/Floor Mats/Towels - May 2026 137824 11172 Mullahey Ford 138.92 Vehicle Maintenance
137825 13069 Perry Ford 79,869.74 PD263 & PD264 - (2) 2026 Ford Explorer 137826 11337 Perry's Electric Motor & Controls, Inc.14,832.44 Harlow Lift Station Pump Repair & Motor and Pump Repair 137827 14740 Premier Supply, LLC 300.16 Parks Maintenance 137828 12335 Procare Janitorial Supply Inc 2,747.12 Janitorial Supplies 137829 14294 Richard D. Jones, A Professional Law Corporation 33,880.00 Legal Services City Attorney - May 2026 137830 14794 Ruff Ruff Pet Products Inc 4,166.44 Dog Waste Bags 137831 11266 San Luis Auto Parts Inc 759.85 Vehicle Maintenance 137832 14557 Securitas Technology Corporation 133.23 Security & Fire Monitoring 137833 10576 SLOCO Data, Inc 1,724.00 Printing Services 137834 12306 State Water Resources Control Board 60.00 Certification Fee 137835 13530 TCA Tools Inc 60.62 Vehicle Maintenance
137836 12629 Tetra Tech Inc 6,662.50 Map Checking Services 137837 14015 The Pape` Group Inc.19,653.41 Vehicle Maintenance & Pressure Washer - PSF 137838 14639 TimeClock Plus, LLC 73.08 Enterprise Employee Licenses 137839 12461 TJA Advertising 30,934.47 CVB Advertising and Promotion Services - May 2026 137840 15297 TPL PLANTSCAPES LLC 938.68 Plants & Installation - PSF 137841 12622 USA Bluebook Acct: 82507 1,945.14 Water & WW System Maintenance & WWTP Lab Supplies 137842 12132 White Flag Pest Control Inc 616.00 Facilities Maintenance City of Pismo Beach
Final Disbursement List Check Date 06/26/2026

US BANK
Council Agenda 8-4-2026 9.B-8
Attachment 2

9.X-44

ACH/ Vendor Check
Check# Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 06/26/2026

US BANK
137843 15243 WORKING FIRE FURNITURE & MATTRESS CO INC 26,134.99 Beds & Wardrobes - PSF 137844 14886 Alpha Lit Central Coast LLC 680.00 July 4th Marquee Letters 137845 14638 F&H Construction 691,299.23 Public Safety Facility Payment #32 - May 2026 Total:1,231,847.95$
Council Agenda 8-4-2026 9.B-9
Attachment 2

9.X-45

City of Pismo Beach
Final Disbursement List Check Date 07/03/2026

US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service 131,718.11 Federal Income Tax PD 07/02/26 ACH 11208 SEIU Local 620 AFL/CIO 855.33 SEIU Dues PD 07/02/26 ACH 11224 Richards, Watson, Gershon Attorneys At Law 474.00 Professional Legal Services - May 2026 ACH 11305 Public Employees Retirement System 90,645.17 PERS Retirement from Springbrook EE & ER PD 07/02/26 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 33,866.88 ICMA 457 Deferred Comp EE & ER PD 07/02/26 ACH 12305 Franchise Tax Board 26,663.75 SDI & State Income Tax PD 07/02/26 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA
556.25 ICMA Roth IRA PD 07/02/26
ACH 15290 Mission Square - RHT Mgmt 588.85 Retiree Healthcare Trust MGMT - PD 07/02/26 ACH 15291 Mission Square - 401a 6,192.72 MSQ 401A Deferred Comp ER PD 07/02/26 137846 14760 AHA Shoes, Inc 150.00 Safety Boots
137847 14440 Paul Amarillas 2,956.25 4th of July - T-shirts & Sweatshirts 137848 11382 Applied Technology Group, Inc.95.25 Vehicle Maintenance 137849 10147 Arrowhead Scientific, Inc 470.14 Evidence Supplies 137850 11096 Arroyo Grande Chevrolet 13.18 Vehicle Maintenance 137851 12438 Avila Bay Athletic Club & Spa 311.50 Instructor: Avila Bay Summer Blast Camp 6/15-6/19/26 #11948 137852 10293 Battery Systems Inc 628.00 Vehicle Maintenance 137853 12118 Best Best & Krieger LLP 39,110.95 Professional Legal Services - Apr 2026 137854 11852 Bill Gaines Audio Inc 1,479.25 Audio - Concerts in the Park 7/12/26 137855 10028 Brisco Mill & Lumber Yard 237.07 Maintenance Supplies 137856 14402 Carol A. Burner 966.67 900 Bello Lease - July 2026 137857 13852 California Diesel & RV LLC 52.42 Vehicle Maintenance 137858 11808 California Joint Powers Insurance 1,881,094.00 General Liability & Workers Comp Insurance 7/1/26-6/30/27 137859 12186 California Police Chiefs Association 442.00 CPCA Membership Dues FY27 137860 14414 California State Disbursement Unit 415.38 Tax Withholding Order PD 07/02/26 137861 14771 California State Disbursement Unit 16.15 Tax Withholding Order PD 07/02/26 137862 14995 California State Disbursement Unit 260.30 Tax Withholding Order PD 07/02/26 137863 10085 Cannon Corp 334.50 Constructability Review - Cliff/Ocean Storm Drain - May 2026 137864 10107 Capital Industrial Medical Supply Company 373.90 Medical Supplies 137865 15107 Carmel & Naccasha LLP 324.83 Professional Legal Services - May 2026 137866 10798 Diana Carter 1,339.20 Instructor: Creative Kids Summer Theater 6/22-6/26/26 #11900 137867 11093 Civic Plus 20,002.53 City Website Annual Hosting and Support FY27 137868 14415 CLAD Consulting, Inc.5,302.50 Public Safety Facility CM - May 2026 Beachcomber PIP's - May 2026
137869 15262 Silas Clarke 109.00 M&IE: CJPIA Annual BoD Meeting 7/22-7/23/26 137870 10410 Cleath-Harris Geologists Inc 11,430.00 Hydrogeological Services Well 31 - April-May 2026 137871 11227 Cole Chrysler Dodge 3,395.24 Vehicle Maintenance 137872 12224 Delta Dental Of California 7,526.87 Dental Premiums - July 2026 137873 11794 Dimes Media Corporation 200.50 Advertisement 137874 10242 Dooley Enterprises, Inc.8,487.00 Ammunition 137875 11469 Eikhof Design Group Inc 4,770.00 Development Review - April 2026 137876 11059 Emergency Vehicle Group Inc 2,481.79 Vehicle Maintenance 137877 12123 Farm Supply 673.13 Parks Maintenance
137878 14360 Fifth Asset, Inc.14,000.00 GASB 87 Compliance & Debt Service FY27 137879 11917 First American Title 750.00 Preliminary Report - 112 Erna Way 137880 15275 FIVE STAR FENCING, INC.15,900.00 Fence Installation - Well 31 137881 15214 ANDREW FRANK 3,250.00 Station 63 Locker/Cabinets 137882 15027 Rosemarie Gaglione 145.00 M&IE: CJPIA Leadership Academy 5/18-5/21/26 137883 13371 GHD Inc.89,803.28 Central Coast Blue Owner's Advisor - May 2026 137884 10811 Governmentjobs.com Inc 7,208.63 Job Postings Governmentjobs.com FY27 137885 14043 Health & Human Resource Center, Inc.159.80 Employee Assistance Program July 2026 137886 15093 InTime Services, Inc 5,000.00 Hosting & Remote Project Services FY27 137887 14926 Jason Addison Smith Consulting Services Inc 10,779.28 Plan Review - May 2026 137888 15021 Wendy Lawton 1,150.00 Tax Withholding Order PD 07/02/26 137889 11586 Liebert, Cassidy & Whitmore 5,800.00 Employment Relations Consortium Membership FY27 137890 14401 Barbara L. Maraist 966.66 900 Bello Lease - July 2026 137891 14739 Mike's Coffee and Tea Co.128.00 Coffee
137892 10097 Miners Hardware 816.93 Maintenance Supplies 137893 13964 MNS Engineers, Inc.14,001.76 Sunsets Palisades LS Design - May 2026 137894 14878 Nevada State Treasurer 2.00 Tax Withholding Order - PD 07/02/26 137895 12199 Noble Saw, Inc 879.51 Equipment Maintenance 137896 14343 ODP Business Solutions, LLC 3,259.57 Office Supplies 137897 13386 John Odum 1,450.00 Pre-Employment Psych Evaluation & Polygraphs 137898 11551 Pismo Beach Chamber Of Commerce 2,000.00 Christmas by the Sea - CVB Funding Contribution 137899 12022 Pismo Beach Police Officer's Association 1,656.00 POA Dues PD 07/02/26 Council Agenda 8-4-2026 9.B-10
Attachment 2

9.X-46

City of Pismo Beach
Final Disbursement List Check Date 07/03/2026

US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
137900 14403 BETTY J PRATT 966.67 900 Bello Lease - July 2026 137901 14740 Premier Supply, LLC 471.99 Parks Maintenance 137902 12335 Procare Janitorial Supply Inc 4,283.76 Janitorial Supplies 137903 13898 Quadient, Inc.494.80 Neopost Postage Lease 137904 13201 Rincon Consultants, Inc.1,427.25 PEIR Report GP/LCP - April & May 2026 137905 10452 Richard Rolson 770.00 Mobile Stage Rental - Concerts in the Park 137906 11266 San Luis Auto Parts Inc 978.48 Vehicle Maintenance 137907 14049 San Luis Obispo Coast Wine Collective 15,000.00 SLO Coast Wine Collective Contribution Funding FY27 137908 12028 San Luis Obispo County Public Works Dept 823,459.62 FCZ3 Prelim Semi Annual Lopez Contract Water Billing 137909 12028 San Luis Obispo County Public Works Dept 165,848.00 CSA 12 Lopez Water Semi Annual Billing FY27 137910 12028 San Luis Obispo County Public Works Dept 257,544.08 CCWA Fixed & Variable O&M FY27 137911 14190 Santa Ynez Valley Elite Event Party Rentals 5,148.11 4th of July - Celebration Rentals 137912 13994 SBRK Finance Holdings, Inc.3,200.00 Enterprise Connection - Cirrus SSO Subscription FY27 137913 14877 SCaDU 230.76 Tax Withholding Order PD 07/02/26 137914 14557 Securitas Technology Corporation 1,462.76 Security & Fire Monitoring 137915 10532 SLO County Sheriff-Coroner 213.00 Crime Lab Tests 137916 12570 SLO Roasted Coffee 150.84 Coffee
137917 14099 Jeffrey Smith 172.00 M&IE: Cal Cities BoD Meeting 7/15-7/17/26 137918 14851 Spectre Security Inc.6,150.00 4th of July Weekend - Security Services - Pier & Plaza 137919 11323 Streator Pipe & Supply 180.49 Facilities Maintenance 137921 12321 The Gas Company 2,152.71 Gas Service 05/15/26- 06/19/26 137922 13097 The Standard 1,615.33 Life & Additional Life Insurance Premiums - July 2026 137923 14639 TimeClock Plus, LLC 3,997.50 Enterprise License Annual Charge FY27 137924 12461 TJA Advertising 140,984.86 LBID Advertising and Promotion Services - Apr 2026 CVB Advertising and Promotion Services - Apr 2026
137925 14746 Trojan Petroleum, Inc.9,023.70 Diesel & Unleaded Fuel Delivery 137926 13073 VSP- Vision Service Plan (CA)1,766.39 VSP Vision Coverage - July 2026 137927 12132 White Flag Pest Control Inc 596.00 Facilities Maintenance 137928 14020 Daniel Barrett Wrage 1,200.00 Instructor: Beach Volleyball Camp 6/8-6/11/26 #11928 Total 3,915,606.08$
Council Agenda 8-4-2026 9.B-11
Attachment 2

9.X-47

City of Pismo Beach
Final Disbursement List Check Date 07/10/2026

US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
137929 14078 5-Cities Community Service Foundation 25.00 Membership Dues - June 2026 137930 12275 Airgas West Inc 80.20 Medical Supplies
137931 10294 Allstar Fire Equipment 765.00 Annual Flow Testing 2026 137932 10640 Allstate Plastics LLC 2,727.40 Janitorial Supplies 137933 15301 MICHAEL RANDOLPH AVINA II 400.00 Clam Painting: Pismo Coast Village 137934 10295 B & B Steel & Supply 477.00 Streets Maintenance 137935 UB*01263 BARCELONA POINT, LLC 92.15 Refund Check 020031-000, 2734 BARCELONA 137936 14869 Michael Brannagan 1,880.00 GIS Updates - May 2026 137937 11392 Brenntag Pacific Inc.2,070.85 Sodium Bisulfite 137938 15302 TARA BRYAN 800.00 Clam Painting: Dolliver & Clam Island 137939 14855 California's Best Janitorial 360.00 Janitorial Services - PBVH Rentals May 2026 137940 10085 Cannon Corp 8,772.25 Cliff Ave Undergrounding CM - May 2026 137941 10799 Lindsay Carter Coates 352.00 Instructor: Yoga 5/4-6/29/26 #11835 137942 14027 Central Coast Landscape Products, Inc.1,644.30 Parks Maintenance 137943 14071 Cross Connections Emergency Services, Inc 398.62 Fire Supplies 137944 12307 Department Of Justice 32.00 Pre-employment Background 137945 11917 First American Title 3,250.00 Preliminary Title Reports 137946 12168 Gregory Dean Gallegos 2,610.00 Weed Abatement 137947 12062 Robert Gorman 181.27 Reimb: Fire Station 64 Supplies 137948 10398 Liliana Graham 320.00 Instructor: Ballroom/Latin Dance 5/4-5/25/26 #11974 137949 12030 Grainger, Inc.153.60 Facilities Maintenance 137950 13588 Kenneth John Guge III 160.00 Instructor: Judo 5/6-5/27/26 #11910 137951 11977 Dan Hall 328.00 Instructor: Yoga 6/8-6/24/26 #11836 137952 15303 KAYLEIGH HELM 250.00 Deposit Refund: DCP 6/13/2026 137953 11739 J.B. Dewar Incorporated 305.53 Parks Maintenance 137954 11828 Gordon Jackson 415.08 Reimb: Airfare IPW Conference 5/17-5/22/26 137955 12894 Just Cruzin Productions, Inc.1,000.00 Deposit Refund: Car Show 137956 15300 MARISSA KLAZURA 2,000.00 Instructor: Messy Makers w/ Slime 6/8-6/11/26 #11963 137957 15305 VANESSA KOHLER 250.00 Deposit Refund: DCP 5/23/2026 137958 11586 Liebert, Cassidy & Whitmore 589.00 Professional Legal Services - May 2026 137959 10175 Life-Assist, Inc.1,331.85 Medical Supplies 137960 14577 LK Graphics 2,829.68 PSF Locker Frames & Nameplates 137961 10656 LN Curtis & Sons 1,307.92 Fire Supplies
137962 13361 Marborg Industries Santa Barbara 311.81 ADA Portable Restrooms - Addie Street 137963 15304 SHELLEY MCWILLIAMS 250.00 Deposit Refund: DCP 6/13/2026 137964 10097 Miners Hardware 160.81 Maintenance Supplies 137965 13964 MNS Engineers, Inc.8,342.50 Eldwayen Park Sidewalk Re-Route - May 2026 137966 14353 Motorola Solutions, Inc.7,607.50 Storage Fees - In-Car Cameras 137967 10753 Nick's Telecom 525.00 Radio & Vehicle Maintenance 137968 14343 ODP Business Solutions, LLC 837.73 Office Furniture 137969 14879 OneSource Distributors LLC 15.73 Counter Project - Station 63 137970 11337 Perry's Electric Motor & Controls, Inc.9,182.69 Motor and Pump Repair 137971 14857 Caroline Portzel-Vaccaro 4,320.00 Instructor: Art Camp 6/15-6/19/26 #11924 Instructor: Art Camp 6/22-6/26/26 #11925
137972 10863 PVP Communications Inc 1,169.00 Safety Equipment 137973 14613 Dennis Richardson 920.00 Instructor: Tennis 5/2-5/30/26 #11909 Instructor: Tennis 6/6-6/27/26 #11979
137974 13201 Rincon Consultants, Inc.1,529.50 CEQA NEPA for Central Coast Blue - May 2026 137975 15175 Eliseo Romero 1,065.00 Gopher Trapping
137976 11266 San Luis Auto Parts Inc 13.05 Vehicle Maintenance 137977 14557 Securitas Technology Corporation 2,647.36 Service Calls 137978 14853 Robert Silvani 3,601.60 Instructor: Shell Beach Surf Camp 6/9-6/11/26 #11914 Instructor: Shell Beach Surf Camp 6/16-6/18/26 #11915
Instructor: Shell Beach Surf Camp 6/23-6/25/26 #11916
137979 10913 Siteone Landscape Supply LLC 1,448.55 Parks Maintenance 137980 12570 SLO Roasted Coffee 75.42 Coffee
137981 10576 SLOCO Data, Inc 336.18 Printing Services
137982 11323 Streator Pipe & Supply 157.74 Maintenance Supplies 137983 12630 SWCA Environmental Consultants 6,295.00 Cliff and Ocean Archaeological Monitoring - June 2026 137984 14355 Jason Teel 936.00 Instructor: Babysitting 6/20/26 #11911 137985 14931 U. S. Bancorp Asset Management, Inc.3,988.33 Investment Advisory Services - May 2026 137986 10507 V & V Manufacturing 75.24 Officer Badge
137987 14115 Vanir Construction Mgmt, Inc.1,376.00 Public Safety Facility CM - May 2026 Council Agenda 8-4-2026 9.B-12
Attachment 2

9.X-48

City of Pismo Beach
Final Disbursement List Check Date 07/10/2026

US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
137988 15286 DAWN WALKER 1,121.00 Instructor: Mahjong 6/8-6/18/26 PM Class #11969 Instructor: Mahjong 6/8-6/18/26 AM Class #11972
137989 13678 Wallace Group 4,048.50 Sewer Master Plan Update Project - May 2026 137990 15116 Wanger Jones Helsley PC 3,840.00 Professional Legal Services - June 2026 137991 14564 Watchtower Solutions, Inc.2,250.00 Lifeguards Stats & Operations Platform FY27 137992 12288 West Covina Nurseries 233.82 James Way Beautification 137993 13491 Wilmington Trust, National Association 2,000.00 Trustee Fees for 2017 Pier Bonds FY 26 Total 108,839.76$
Council Agenda 8-4-2026 9.B-13
Attachment 2

9.X-49

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
August 4, 2026
TITLE:

Monthly Investment Transaction Report of the City’s Cash and Investments for May 2026 of Fiscal Year 2026
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, 2026. California 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. Pursuant to Government Code Section 6505.5, this information is being provided here to the Pismo Beach Public Financing Authority, the Pismo Beach Public Financing Agency, and the Central Coast Blue Regional Recycled Water Authority, through the members of the City Council who sit on those boards.

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, 2026. •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, 2026.

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 8-4-2026 9.C-19.X-50

* Data Sources
Total All Securities 57,372,525$ 192,802$ 1,554,905$ City Pooled Funds - B 35,312,735$ 71,538$ 979,070$ City Pooled Funds total A + B 83,794,511$ 234,861$ 2,297,984$ CalPERS Benefit Trust
TOTAL, Cash and Investments at May 31, 2026:102,615,058$ 276,399$ 3,822,715$ TOTAL for City Managed Portfolio, Cash and Investments:92,685,260$ 264,341$ 2,533,975$ Notes:

Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments Council Agenda 8-4-2026 9.C-2
Attachment 1

9.X-51

Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
May 31, 2026

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
05/04/26 Purchase American Express Co 180,000$
05/06/26 Purchase US Treasury 475,780
05/08/26 Purchase US Treasury 251,123
05/15/26 Purchase Caterpillar 234,678
05/20/26 Purchase Eli Lilly Co 264,716
Total 1,406,297$

SALES, MATURITIES, CALLS OR WITHDRAWALS
05/08/26 Sold Colgate Palmolive Co 249,868$
05/13/26 Sold US Treasury 226,973
05/26/26 Paid Down FNMA Gtd Remic 33,773
05/26/26 Paid Down FNMA Gtd Remic 166
05/26/26 Paid Down FNMA Gtd Remic 665
05/26/26 Paid Down FNMA Gtd Remic 424
05/26/26 Paid Down FHLMC Multiclass Mtg 871
05/26/26 Paid Down FHLMC Multiclass Mtg 9,371
05/26/26 Paid Down FHLMC Multiclass Mtg 40,706
05/26/26 Paid Down FHLMC Multiclass Mtg 756
05/26/26 Paid Down FHLMC Multiclass Mtg 59
05/26/26 Paid Down FHLMC Multiclass Mtg 333
05/26/26 Paid Down FHLMC Multiclass Mtg 70
05/26/26 Paid Down FHLMC Multiclass Mtg 397
05/27/26 Matured FHLB 2,000,000
Total 2,564,431$
ACTIVITY TOTAL (1,158,134)$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
29,480$

POOLED INVESTMENTS
Interest Earned on Investments 163,323$
TOTAL INTEREST EARNED 192,802$
Data Source: Monthly Download of Transactions from US Bank Council Agenda 8-4-2026 9.C-3
Attachment 2

9.X-52

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund Bank Account Proof of Cash for the month ending:5/31/2026 Bank Account Description Bank ID Beginning Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending Balance Total all Bank Accounts 36,409,495$ 8,841,354$ (11,073,777)$ -$ (1,042,320)$ 33,134,752$ Fund Description Fund # Beginning Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending Balance General Fund
Special Revenue Funds
Capital Projects Funds
Council Agenda 8-4-2026 9.C-4
Attachment 3

9.X-53

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund Bank Account Proof of Cash for the month ending:5/31/2026 Fund Description Fund # Beginning Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending Balance Debt Service Funds
Enterprise Funds
Internal Service Funds
Trust & Agency Funds
Control Funds
Total all cash funds 36,409,495 7,806,921 (11,081,664) - - 33,134,752 Council Agenda 8-4-2026 9.C-5
Attachment 3

9.X-54

INVESTMENTS
General Fund
Special Revenue Funds
Capital Projects Funds
Council Agenda 8-4-2026 9.C-6
Attachment 3

9.X-55

INVESTMENTS
Debt Service Funds
Enterprise Funds
Internal Service Funds
CalPers Benefit Trust
Total all Investments 69,664,451$ (184,145)$ -$ -$ -$ 69,480,306$ Total all Funds 106,073,946$ 7,622,776$ (11,081,664)$ -$ -$ 102,615,058$ Council Agenda 8-4-2026 9.C-7
Attachment 3

9.X-56

PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #9.D
Meetin Date: u ust 4, 2026
TITLE:

Ratification of July 28, 2026 Emergency Proclamation, and Update on January 9, 2023 and January 12, 2017 Emergency Proclamations
RECOMMENDATION:

2. Review the need for continuing currently active local emergency proclamations;

3. Provide direction to staff if desired.

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, in accordance with Government Code Section 8630(b).

Ratification of July 28, 2026 Proclamation: Storm Drain Failures The Emergency Services Director/City Manager issued a Proclamation declaring a local emergency on July 28, 2026, in response to the development of two sudden sinkholes located within City roadways. On June 18, 2026, staff became aware of what appeared to be a pothole on James Way at Capanna Street. Further investigation revealed a sinkhole measuring approximately 12 feet by 8 feet by 6 feet deep. Video investigation determined that this was the result of a failed corrugated metal pipe (CMP) storm drain.

The City Manager authorized staff to enter into an emergency contract to make repairs to protect public safety and prevent the road from failing. R. Baker, Inc. (R. Baker) was able to begin work the next day. By June 22, 2026, the site had been excavated enough to expose the pipe at a depth of 11 feet and assess the extent of the failure which was approximately 20 to 30 feet in length. A replacement pipe was ordered, and R. Baker has been working on excavation, shoring and replacement of the failed pipe section. At the time of writing this report, work is nearing completion.

On July 27, 2026, a new sinkhole appeared on Shell Beach Road at Encanto Avenue.

Staff were able to partially assess the extent of the affected area by probing and placed a steel plate over the sinkhole for the night. The next day, staff performed a video inspection of the CMP beneath the area of the sinkhole and determined that the sinkhole was caused by severe deterioration of a CMP that carries storm water from the east to the west side of Shell Beach Road. The City contacted two contractors and R. Baker was Council Agenda 8-4-2026 9.D-19.X-57

available to respond immediately. The City Manager authorized staff to enter into an emergency contract to make repairs to protect public safety and prevent the road from failing.

When work on these two projects is complete and the exact cost is known, staff will return to the Council for retroactively awarding the contracts to R. Baker.

Update on Other Currently Active Emergency Declarations Currently active Emergency Declarations are those 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. In accordance with Government Code Section 8630, the City Council is required to review the need for continuing the local emergency at least once every 60 days until the emergency is terminated. The following status report is provided for the Council’s information. No action is recommended, but direction may be given to staff if desired.

January 11, 2023 Proclamation: Winter Storms
The City Council declared a state of emergency on January 11, 2023, via Resolution R- 2023-0011, 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 Pier Avenue Storm Drain Outfall site has been approved by the Federal Emergency Management Agency (FEMA) for a permanent repair project to replace the outfall pipe that was washed away during the storm. A Coastal Development Permit is required to comply with FEMA environmental monitoring requirements and will be presented to Planning Commission on July 28, 2026. The project is currently being advertised for construction bids and a construction contract is anticipated to be presented for approval at the September 1, 2026 Council meeting.

January 12, 2017 Proclamation: Winter Storms
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-0122, in response to the January 2017 winter storms. Shortly after the Council’s declaration, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Jerry Brown for the region. On February 14, 2017 and March 16, 2017 the President 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 1 Full URL:
https://portal.laserfiche.com/Portal/DocView.aspx?id=459337&repo=r-f36a9aa0 2 Full URL: https://portal.laserfiche.com/Portal/DocView.aspx?id=107586&repo=r-f36a9aa0 Council Agenda 8-4-2026 9.D-29.X-58

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 Cliff/Ocean Storm Drain project’s “Advanced Construction” funding was converted to federal funds on April 8, 2026 and is now available for reimbursement. An agreement for CM services was approved in March 2026. Three construction bids were received on July 9, 2026, and the construction contract is being considered for award under a separate report at this meeting.

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.

July 2026 Storm Drain Failures
The cost of damage from the James Way sinkhole is estimated at $250,000 and the cost of damage from the Shell Beach Road sinkhole is $125,000 as of the writing of this report.

When work on these two projects is complete and the exact cost is known, staff will return to the Council for retroactively awarding the contracts to R. Baker, at which time any required budget adjustments will be made.

ATTACHMENTS:

1. Resolution: Ratification of July 28, 2026 Emergency Declaration

2. Emergency Services Director’s July 28, 2026 Proclamation of Local Emergency Prepared by: Erin Olsen, Senior Management Analyst
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 8-4-2026 9.D-39.X-59

RESOLUTION NO. R-2026-XXX

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

CALIFORNIA RATIFYING AND CONFIRMING ACTIONS BY THE DIRECTOR OF

EMERGENCY SERVICES/CITY MANAGER DURING THE EXISTENCE OF A LOCAL

EMERGENCY, AND PROCLAIMING THE CONTINUED EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, conditions of peril to the safety of persons and property have arisen within the City of Pismo Beach, due to the failure of aging and corroded storm drain pipe, which allowed stormwater to escape and undermine the roadway of James Way at Capanna Street, and the roadway of Shell Beach Road at Encanto Avenue, resulting in a sudden sinkhole within the travel lane; and
WHEREAS, when the existence of these conditions came to the attention of the City, the City Council was not in session at that time and could not immediately be called into session; and
WHEREAS, Chapter 2.32 of the City of Pismo Beach Municipal Code empowers the Director of Emergency Services/City Manager of the City of Pismo Beach to proclaim the existence of a local emergency, pursuant to Government Code Section 8630 et seq., when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, the Director of Emergency Services of the City of Pismo Beach did proclaim the existence of a local emergency within the City of Pismo Beach on July 28, 2026; and WHEREAS, the Director’s Proclamation of Local Emergency must be ratified by the City Council within seven days of being issued, pursuant to Government Code Section 8630(b); and
WHEREAS, Government Code §8630 provides that the City Council of the City of Pismo Beach may proclaim the existence of a local emergency as defined by Government Code §8558(c).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby ratifies and confirms the proclamation of local emergency on July 28, 2026 by the City Manager, acting in the City Manager’s capacity as Director of Emergency Services.

BE IT FURTHER RESOLVED by the City Council of the City of Pismo Beach that a local emergency continues to exist throughout the city, and during the existence of said local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by state law, by ordinances and resolutions of this City, and by the approved emergency plans of the City of Pismo Beach.

Council Agenda 8-4-2026 9.D-4
Attachment 1

9.X-60

BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council, and the City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach shall review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency.

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 4th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

9.X-61

A PROCLAMATION OF THE DIRECTOR OF EMERGENCY SERVICES

OF THE CITY OF PISMO BEACH, CALIFORNIA

DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Chapter 2.32 of the City of Pismo Beach Municipal Code empowers the Director of Emergency Services/City Manager (“Director”) of the City of Pismo Beach to proclaim the existence of a local emergency, pursuant to California Government Code Section 8630 et seq., when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and WHEREAS, the Director finds that conditions of extreme peril to the safety of persons and property have arisen within the City of Pismo Beach, as a result of the failure of an aging and corroded storm drain pipe, which allowed stormwater to escape and undermine the roadway of James Way at Capanna Street, resulting in a sudden sinkhole within the travel lane commencing on or about June 18, 2026 at 4:00 p.m., necessitating the proclamation of the existence of a local emergency within the City of Pismo Beach; and
WHEREAS, on or about Monday, July 27, 2026 at 2:00 p.m. a second location exhibiting similar roadway undermining and sinkhole conditions caused by aging and corroded storm drain infrastructure was discovered on Shell Beach Road at Encanto Avenue; and WHEREAS, the City Council is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency shall be ratified by the City Council within seven days of being issued, pursuant to Government Code Section 8630(b); and WHEREAS, the City Council shall review the need for continuing the local emergency at least once every 60 days; and shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant, pursuant to Government Code Sections 8630(c) and (d).

NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services of the City of Pismo Beach as follows:

1.That the foregoing recitals are hereby incorporated as findings of fact;

2. That a local emergency exists throughout the city, as more particularly described in the above recitals;

3. That said emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; and

4. That during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of the City, and by City of Pismo Beach Emergency Plans.

Dated ___________________________
___________________________________
Jorge E. Garcia, City Manager
Emergency Services Director
Docusign Envelope ID: F477D32E-A996-8D84-82B1-4B50DE7E3CEC 7/28/2026
Council Agenda 8-4-2026 9.D-6
Attachment 2

9.X-62

PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #9.E
Meetin Date: u ust 4, 2026

TITLE:

Award of Contracts to Madonna Construction and ENGEO for the Federally Funded Cliff Avenue/Ocean Boulevard Storm Drain Repair and Bluff Face Stabilization Project; Acceptance of Grant-Related Funding
RECOMMENDATION:

Adopt a Resolution:

1.Authorizing the City Manager to:

2. Accepting related grant funds; and

3. Appropriating related budget adjustments in Fiscal Year 2027.

DISCUSSION:

Storm events during January 2017 caused saturation of the bluff face along Ocean Boulevard and Cliff Avenue, resulting in extensive erosion and damage to the existing roadway and stormwater facilities. Funding for repairs was approved through the Federal Emergency Relief Program, administered by the Federal Highway Administration (FHWA) and Caltrans Local Assistance (LA). The project includes the stabilization of a section of bluff along Ocean Boulevard and Cliff Avenue as well as reconstruction of the storm drain outfall, sidewalk, vehicular guardrail, and other surface improvements.

On November 18, 2025, the City Council rejected all bids for construction of the project, which were significantly higher than the Engineer’s Estimate. Staff entered into an agreement with Cannon Corporation (Cannon) to perform a constructability review of the construction plans. The construability review resulted in recommended changes which were incorporated into the plans.

Construction
The project was advertised for construction and three bids were received on July 9, 2026 ranging in amount from $6,031,914 to $7,646,781. The lowest responsible bidder is John Madonna Construction Co., Inc. (John Madonna) with a bid of $6,031,914 (bid results provided for reference in Table 1). Staff has verified John Madonna’s references and qualifications, and recommends the Council adopt a resolution (Attachment 1) awarding a contract (Attachment 2) to John Madonna in the amount of $6,031,914 for construction of the project.

Council Agenda 8-4-2026 9.E-19.X-63

Table 1. Bid Results
Company Name Bid Amount
John Madonna Construction Co., Inc. $6,031,914
Granite Construction Company $6,470,602
Condon-Johnson & Associates, Inc. $7,646,781
Engineering Services During Construction
Staff requested a cost proposal from ENGEO Incorporated (ENGEO), who is the engineer of record and prepared the construction plans for the project, to provide engineering services during construction (ESDC) for completion of the Cliff Avenue/Ocean Boulevard Storm Drain Repair and Bluff Face Stabilization Project. The engineer of record who designed the plans can make changes if any issues arise during construction. Adoption of the resolution (Attachment 1) will also award a contract (Attachment 3) to ENGEO for these services in an amount not to exceed $350,000.

Construction Management
On March 17, 2026, the City Council awarded a contract to Cannon in an amount not to exceed $948,430.61 for Construction Management, Resident Engineer, Inspection, Materials Testing and Environmental Monitoring Services for the Cliff Avenue/Ocean Boulevard Storm Drain Repair and Bluff Face Stabilization Project.

Conclusion and Recommendation
Staff recommends that the Council adopt a resolution (Attachment 1) authorizing the City Manager to execute a construction contract with John Madonna in the amount of $6,031,914, enter into a Professional Services Agreement with ENGEO in an amount not to exceed $350,000 for ESDC, and appropriating related grant funds in Fiscal Year (FY) 2027 for the Cliff Avenue/Ocean Boulevard Storm Drain Repair and Bluff Face Stabilization Project.

FISCAL IMPACT:

The fiscal impact of adopting the subject resolution is a total estimated cost of $6,381,914 for the construction and ESDC and accepting $4,837,540 in additional grant revenues.

The total estimated cost of the FY 2027 Capital Projects Fund Cliff Avenue/Ocean Boulevard Storm Drain Repair and Bluff Face Stabilization project is $7,330,344.61, which includes construction, ESDC, and the already approved Construction Management cost-. The FY 2027 Capital Projects Fund Cliff Avenue/Ocean Boulevard Storm Drain Repair and Bluff Face Stabilization project budget is $3,856,500, leaving a budget shortfall of $3,473,844.61.

Staff recommends appropriating an additional $3,473,844.52 in the infrastructure account of the project and an additional $3,068,914.08 in Federal Highway Administration grant revenues and an additional $404,930.53 from the Transaction Sales Tax Fund, including appropriating related transfers between funds, all in FY 2027. Table 2 illustrates the details of the project cost and budget for the project.

Council Agenda 8-4-2026 9.E-29.X-64

Table 2: Estimated Project Cost and Budget
Description Amount
Estimated Project Cost
Construction $6,031,914.00
ESDC 350,000.00
Total Proposed Contract Awards 6,381,914.00
Construction Management (previously awarded) 948,430.61 Total Estimated Project Cost $7,330,344.61
Project Budget $3,856,500.09
Budget Shortfall $(3,473,844.52)
Additional Proposed Budget
Revenues
Federal Highway Administration Grant $3,068,914.08 Transaction Sales Tax (local match) 404,930.53 $3,473,844.61
Expenditures
Infrastructure Account $3,473,844.52
Federal Grant
This project is federally funded through the Federal Emergency Relief (ER) program with the Federal Highway Administration (FHWA) and Caltrans Local Assistance (Caltrans LA). To date the City has been granted a total of $7,726,200 in ER funding for construction and $1,158,930 for construction engineering. Of the total authorized funding, 88.53% (or $6,840,004 for construction and $1,026,000 for construction engineering) will be reimbursed by FHWA/Caltrans LA and 11.47% (or $886,196 for construction and $132,930 for construction engineering) will be supported by City match.

On August 5, 2025 the City Council accepted $2,744,430 in ER funding for construction and $619,710 for construction engineering via resolution R-2025-056. In January of 2026 additional construction and construction engineering funds along with additional funding for the preliminary engineering phase were authorized by FHWA. Adoption of the subject resolution will also accept the additional $4,837,540 in grant funds for the Cliff Avenue/Ocean Boulevard Storm Drain Repair and Bluff Face Stabilization Project.

ATTACHMENTS:

1. Resolution

2. John Madonna Construction Agreement

3. ENGEO Professional Services Agreement

4. FHWA/Caltrans Finance Letter
Council Agenda 8-4-2026 9.E-39.X-65

Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie Gaglione, PE, Director of Public Works City Manager Approval:

Council Agenda 8-4-2026 9.E-49.X-66

RESOLUTION NO. R-2026-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH JOHN MADONNA CONSTRUCTION CO., INC.

FOR THE CLIFF AVENUE/OCEAN BOULEVARD STORM DRAIN REPAIR AND BLUFF FACE STABILIZATION PROJECT IN THE AMOUNT OF $6,031,914; AND

ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH ENGEO INCORPORATED IN AN AMOUNT NOT TO EXCEED $350,000 FOR ENGINEERING SERVICES DURING CONSTRUCTION; AND ACCEPTING RELATED GRANT

FUNDS, AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2027
WHEREAS, storm events during January 2017 caused saturation of the bluff face along Ocean Boulevard and Cliff Avenue, resulting in extensive erosion and damage to the existing roadway and stormwater facilities; and
WHEREAS, three bids were received on July 9, 2026 and the lowest responsible bidder is John Madonna Construction Co., Inc. with a bid of $6,031,914; and WHEREAS, staff requested a cost proposal from ENGEO Incorporated, who is the engineer of record and prepared the construction plans for the project, to provide engineering services during construction; and
WHEREAS, this project is federally funded through the Federal Emergency Relief program with the Federal Highway Administration and Caltrans Local Assistance; and WHEREAS, in January of 2026 additional construction and construction engineering funds along with additional funding for the preliminary engineering phase were authorized by FHWA.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute a construction contract, in substantially the form attached to staff’s report dated August 4, 2026, with John Madonna Construction Co., Inc. for the Cliff Avenue/Ocean Boulevard Storm Drain Repair and Bluff Face Stabilization Project in the amount of $6,031,914.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement, in substantially the form attached to staff’s report dated August 4, 2026, with ENGEO Incorporated in an amount not to exceed $350,000 for Engineering Services During Construction.

BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby accepts $4,837,540 in related grant funds; and appropriates in the Capital Projects Fund Attachment 1
Council Agenda 8-4-2026 9.E-59.X-67

Cliff Avenue/Ocean Boulevard Storm Drain Repair and Bluff Face Stabilization project the following: infrastructure account $3,473,844.52, Federal Highway Administration grant revenues $3,068,914.08, and Transaction Sales Tax Fund transfer in $404,930.53, including appropriating related transfers between funds, all in Fiscal Year 2027.

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 4th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

1 of 19
Construction Services Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

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

I.BID OPENING
The CITY publicly opens and reads bids at the time and place shown on the Notice to Bidders.

II.BID RIGGING
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

III.CONTRACT AWARD
If the CITY awards the contract, the award is made to the lowest responsible and responsive bidder.

IV.SCOPE OF WORK
CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall furnish at its own cost all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of the stabilization of a section of bluff along Ocean Boulevard and Cliff Avenue as well as reconstruction of the storm drain outfall, sidewalk, vehicular guardrail, and other surface improvements for the Cliff Avenue/Ocean Boulevard Storm Drain Repair and Bluff Face Stabilization Project (hereinafter “Project”).

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

V.TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule. All work shall commence fifteen (15)calendar days after receiving a written Notice to Proceed from CITY or Project Manager, if a Project Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for Attachment 2
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bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be diligently prosecuted to completion within two hundred twenty-five (225) consecutive working days (“Contract Time”) beginning on the fifteenth calendar day after the date shown on the Notice to Proceed. The CONTRACTOR shall pay to the CITY the sum of five thousand two hundred dollars ($5,200) per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.

VI.THE CONTRACT SUM
CITY shall pay to CONTRACTOR for the performance of this AGREEMENT, subject to any additions and deductions provided in the Project documents, the sum of six million thirty-one thousand nine hundred fourteen dollars ($6,031,914).

VII.DISADVANTAGED BUSINESS ENTERPRISES (DBE)
A.Nondiscrimination Statement
The CONTRACTOR, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin
B.Contract Assurance
Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1)Withholding monthly progress payments;
(2)Assessing sanctions;
(3)Liquidated damages; and/or
(4)Disqualifying the contractor from future bidding as non-responsible.

C.Prompt Payment of Withheld Funds to Subcontractors
The CITY may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to the prime contractor based on these acceptances. The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The CITY shall include either Method 1, Method 2, or Method 3 below and delete the other two.

Method 3: The CITY shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the CITY of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the CITY. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall Attachment 2
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subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

VIII. PROGRESS PAYMENTS

The CITY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the CONTRACTOR on a construction contract. If the CITY fails to pay promptly, the CITY shall pay interest to the CONTRACTOR, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro- rated as necessary. Upon receipt of the payment request, the CITY shall act in accordance with both of the following:

1. The CITY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.

2. The CITY must return any payment request deemed improper by the CITY to the CONTRACTOR as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

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

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

SUBMITTAL OF EXHIBIT 9-P
In accordance with California Business and Professions Code section 7108.5, the prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a Attachment 2
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progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal.

The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by the 15th of the month following the month of any payment(s). If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

IX. RETENTION OF SECURITIES

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

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

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

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

X. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT

To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of CONTRACTOR’s performance or CONTRACTOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by CONTRACTOR, except for such loss or damage Attachment 2
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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 CONTRACTOR’s performance of this AGREEMENT, CONTRACTOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

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

XI. PREVAILING WAGES

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

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

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

XII. RECORD AUDIT

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

XIII. CERTIFICATIONS

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

A. None

XIV. FINAL PAYMENT

Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by CITY to CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, Attachment 2
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the AGREEMENT fully performed, and a final Certificate for Payment has been issued by the Public Works Director/City Engineer.

XV. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT

In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this AGREEMENT in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this AGREEMENT or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from CITY, or CONTRACTOR shall pay CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this AGREEMENT shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by CITY.

XVI. INSURANCE

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

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

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

CONTRACTOR shall provide the following types and amounts of insurance:

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

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

3. Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
i. A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
ii. Pay on behalf of wording as opposed to reimbursement; iii. Concurrency of effective dates with primary policies; iv. Policies shall “follow form” to the underlying primary policies; and v. Insureds under primary policies shall also be insureds under the umbrella or excess policies.

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

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

6. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non- owned disposal sites.

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

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

8. Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

Attachment 2
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i. The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to CITY. ii. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to CITY prior to commencement of construction.

B. Other provisions or requirements:

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

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

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

3. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required Attachment 2
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to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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

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

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 CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

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

10. Additional insured status. General liability and automobile insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision Attachment 2
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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."

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 CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross -liability exclusions.

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

CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in performing work on the Project will be submitted to CITY for review.

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

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

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

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

XVII.CONTRACTOR'S LICENSE
The CONTRACTOR must be properly licensed as a contractor from contract award through Contract acceptance (23 CFR 635.110). The Contractor's License, issued by the State of California, must be current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Attachment 2
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Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

XVIII. REGISTRATION REQUIREMENTS

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

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

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

Except as otherwise provided in Labor Code Section 1771.1(a), n o contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

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

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

XIX. CORPORATION IN GOOD STANDING

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

XX. PROVISIONS REQUIRED BY LAW

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

XXI. CHANGED CONDITIONS

A. Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall Attachment 2
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promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

B. Suspensions of Work Ordered by the Engineer

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

C. Significant Changes in the Character of Work

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:

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• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

XXII. SUBSURFACE HAZARDOUS MATERIALS

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

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

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

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

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

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

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

XXIII. BUY AMERICA

Buy America Requirements apply to iron or steel, manufactured products, and construction materials permanently incorporated into the project.

Buy America requirements do not apply to the following:

1. Tools and construction equipment used in performing the work

2. Temporary work that is not incorporated into the finished project

An article, materials, or supply to be permanently incorporated in the project should only be classified into one of the following categories:

1. Iron or steel products

2. Manufactured products
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3. Construction materials

4. Excluded materials

Excluded materials means cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives.

Iron or Steel Products
All iron or steel products permanently incorporated into the project must be melted and manufactured in the United States except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.

Iron or steel products are defined as articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both.

For a product to be considered to consist predominantly of iron or steel, or a combination of both means the cost of the iron or steel content of the product exceeds 50 percent of the total cost of all its components. The cost of iron or steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components.

Furnish iron or steel products to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the iron or steel were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.

Manufactured Products
All manufactured products permanently incorporated into the project must be manufactured in the United States. Manufactured products are defined as articles, materials, or supplies that have been:

1. Processed into a specific form and shape; or

2. Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies.

Manufacturer, in the case of manufactured products, means the entity that performs the final manufacturing process by bringing individual elements together that produces a manufactured product.

If an item is classified as an iron or steel product, a construction material, or an excluded material, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product may include components that are iron or steel products, construction materials, or excluded materials.

Iron or steel used in precast concrete manufactured products or Intelligent Transportation Systems (ITS) must meet the requirements of Iron or Steel Products regardless of the amount used.

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Iron and steel used in other manufactured products must meet the requirements of section Iron or Steel Products if the cost of steel and iron components is 50 percent or more of the total cost of the manufactured product.

Furnish manufactured products to be permanently incorporated into the work with certificates of compliance with each project delivery. The manufacturer's certificate of compliance must identify where the manufacturing occurred and attest specifically to Buy America compliance.

Construction Materials
Construction materials permanently incorporated into the project must be manufactured as defined in 2 CFR 184.6 in the United States.

Buy America requirements apply to the following construction materials that are or consist primarily of:

1. Non-ferrous metals

2. Plastic and polymer-based products such as:
a. Polyvinylchloride
b. Composite Building Materials

3. Glass

4. Fiber optic cable (including drop cable)

5. Optical fiber

6. Lumber

7. Engineered wood

8. Drywall

Minor additions of articles, materials, supplies, or binding agents to these construction materials do not change the categorization of the construction material.

Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. The manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.

Buy America Waiver for De Minimis Cost for Manufactured Products and Construction Materials
A De Minimis Cost Waiver can waive the application of FHWA’s Buy America requirements for manufactured products and construction materials under a single project when the total value of non-compliant manufactured products and construction materials is no more that the lesser of $1,000,000 or 5 percent of the total applicable material costs for the project.

The percent threshold is calculated based on the following formula:

X = NC / TA
where:

X = percent threshold
NC = total value of non-compliant manufactured products and construction material TA = total applicable project costs (iron or steel products, manufactured products, and construction materials; does not include excluded materials)

This threshold is based on the actual cost of the iron or steel products, manufactured products, and construction materials, not the anticipated cost of those materials. Compliant and non- compliant Agency Furnished Materials for the project must be accounted for in a De Minimis Cost Waiver Worksheet calculation, if provided by the Local Agency.

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Provide copies of invoices for the actual costs of materials including transportation to the project site.

In applying a De Minimum Cost Waiver, total cost of non-compliant construction materials and manufactured products does not include the cost of any products subject to a separate Buy America waiver.

If De Minimis Cost Waiver Worksheet calculation for materials subject to Buy America is not submitted, the CITY may:

1.Withhold from the next progress payment

2.Reject your request for a De Minimis Costs waiver for non-compliant construction materials or manufactured products
XXIV.QUALITY ASSURANCE
The CITY uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The CITY may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.

XXV.FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS Form FHWA-1273 is included as Exhibit A.

XXVI.FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal -aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:

Minority Utilization Goals
Economic Area Goal (Percent)
180 Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo 24.6
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August

15. XXVII.TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a)Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b)Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, Attachment 2
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religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
e) Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii) cancellation, termination or suspension of the Agreement, in whole or in part. f) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

B. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; Attachment 2
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• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal -aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

XXVIII. COMPONENT PARTS OF THE CONTRACT

This AGREEMENT entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the AGREEMENT as if herein set out in full or attached hereto:

In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order:

1. Agreement

2. Change Orders and Work Directive Changes

3. Addenda

4. Notice to Bidders

5. Contract Proposal

6. Special Provisions

7. Technical Provisions

8. Contract Plans

9. City of Pismo Beach Standard Specifications and Drawings

10. Standard Specifications for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof

11. Standard Plans for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof
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12. California State Department of Transportation Standard Specifications, latest edition, when specifically referenced in the plans.

All of the above named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

XXIX. ENTIRE CONTRACT

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

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

CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Rosemarie R. Gaglione, PE
Title: Director of Public Works
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
CONTRACTOR:

John Madonna Construction Co., Inc.

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice:
______________________________________
______________________________________

Email address for official communications:
______________________________________

Vendor Representative:

Name/Title: ____________________________

Exhibit A – FHWA 1273
Exhibit B – Federal Wage Determination

Attachment 2
Council Agenda 8-4-2026 9.E-259.X-87

1 FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV.Davis-Bacon and Related Act Provisions
V.Contract Work Hours and Safety Standards Act
Provisions
VI.Subletting or Assigning the Contract
VII.Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX.Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL

1.Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.

Exhibit A Attachment 2
Council Agenda 8-4-2026 9.E-269.X-88

2 1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action Attachment 2
Council Agenda 8-4-2026 9.E-279.X-89

3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:

a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.

b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:

Attachment 2
Council Agenda 8-4-2026 9.E-289.X-90

4 (1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;

(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.

b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
Attachment 2
Council Agenda 8-4-2026 9.E-299.X-91

5 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph Attachment 2
Council Agenda 8-4-2026 9.E-309.X-92

6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1)A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2)A contracting agency for its reprocurement costs;
(3)A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4)A contractor's assignee(s);
(5)A contractor's successor(s); or
(6)A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)
a.Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2)Information required. Such records must contain the
name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3)Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4)Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b.Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2)Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3)Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i)That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii)That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4)Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.

Attachment 2
Council Agenda 8-4-2026 9.E-319.X-93

7 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph

4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with Attachment 2
Council Agenda 8-4-2026 9.E-329.X-94

8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.

10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.

11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and
guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR

5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or Attachment 2
Council Agenda 8-4-2026 9.E-339.X-95

9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.

VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).

a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation)

(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
Attachment 2
Council Agenda 8-4-2026 9.E-349.X-96

10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.

b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).

VII. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).

The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:

18 U.S.C. 1020 reads as follows:

"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."

Attachment 2
Council Agenda 8-4-2026 9.E-359.X-97

11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)

This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.

By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees 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 Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220.

1. Instructions for Certification – First Tier Participants:

a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.

d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.

e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).

f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.

g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.

h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website ( https://www.sam.gov/) . 2 CFR 180.300, 180.320, and 180.325.

i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.

* * * * *

Attachment 2
Council Agenda 8-4-2026 9.E-369.X-98

12 2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:

a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.

(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and

(4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).

(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and

(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).

b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.

* * * * *

3. Instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.

a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.

d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.

You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.

f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website ( https://www.sam.gov/) , which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.

h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily Attachment 2
Council Agenda 8-4-2026 9.E-379.X-99

13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.

* * * * *

4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:

a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:

(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;

(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and

(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)

b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.

* * * * *

XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.

b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.

When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.

Attachment 2
Council Agenda 8-4-2026 9.E-389.X-100

14 ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.

1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:

a. To the extent that qualified persons regularly residing in the area are not available.

b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.

c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

Attachment 2
Council Agenda 8-4-2026 9.E-399.X-101

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Attachment 2
Council Agenda 8-4-2026 9.E-409.X-102

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Council Agenda 8-4-2026 9.E-669.X-128

City of Pismo Beach
Cliff Ave/Ocean Blvd Storm Drain Repair and Bluff Face Stabilization Project, bidding on 07/09/2026 2:00 PM (PDT)

Page 1 of 4 ends

Pismo Beach City CouncilAugust 4, 2026

Pismo Beach City Council
August 4, 2026