Fiscal Impact:
The cost of preparing the staff report is estimated to be $350. The funding for this contract amendment would be paid from available reimbursement funds from the Western Riverside Council of Governments (WRCOG), which was approved along with the original PSA on July 20, 2021.
Recommended Action:
Approve the First Amendment to the Professional Services Agreement with Mark Thomas in an amount not to exceed $45,000 for additional Engineering Services and Grant Assistance.
Attachments:
A. First Amendment to the Professional Services Agreement with Mark Thomas 787
Item 21.
FIRST AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BEAUMONT AND MARK THOMAS & COMPANY, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR PHASE II OF THE POTRERO INTERCHANGE (CIP 2016-003)
THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 5th day of October, 2022, by and between the CITY OF BEAUMONT, a general law city, (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and Mark Thomas & Company, Inc., a California Corporation whose address is 10630 Town Center Drive, Suite 117, Rancho Cucamonga, CA 91730 (“CONTRACTOR”) in consideration of the mutual promises and purpose contained herein, the parties agree as follow:
1. RECITALS
This First Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:
A. On September 8, 2021, the City and Mark Thomas & Company, Inc., entered into that certain agreement entitled “Agreement for Professional Services by Independent Contractor” for Engineering Services for Phasing of Construction of the SR-60/Potrero Blvd. Direct On-Ramps to a Future Year (“Agreement”).
B. City has requested a further change in scope to the work under the Agreement regarding additional engineering services and grant application assistance and CONTRACTOR has requested that the scope of work should be increased as provided in the Proposal dated September 21, 2022, a copy of which is attached hereto as Exhibit “A”, and incorporated herein by this reference.
2. AMENDMENT
Section 2 of the Agreement is hereby amended to add to the Services those services identified in the Proposal attached hereto as Exhibit “A”.
Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under the original Agreement, compensation was set at an amount not to exceed Sixty Seven Thousand Three Hundred Forty Four dollars ($67,344.00).
Per this First Amendment, compensation of Sixty Seven Thousand Three Hundred Forty Four dollars ($67,344.00) is increased by the maximum amount of Forty Five Thousand Dollars ($45,000.00) as provided in the Proposal attached hereto as Exhibit “A” resulting in total compensation under the Agreement not to exceed One Hundred Twelve Thousand Three Hundred Forty Four Dollars ($112,344.00).
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The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Third Amendment to Professional Services Agreement to be effective as of the day and year first above-written.
CITY:
CITY OF BEAUMONT
By: ________________________________
Lloyd White, Mayor
ATTEST
City Clerk
APPROVED AS TO FORM
John Pinkney, City Attorney
CONTRACTOR:
MARK THOMAS & COMPANY, INC.
By: ______________________________
Print Name: _______________________
Title: _____________________________
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Item 21.
EXHIBIT “A”
PROPOSAL DATED SEPTEMBER 21, 2022
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September 21, 2022
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Attn: Jeff Hart, Public Works Director
RE: Trade Corridor Enhancement Program Grant Application Amendment Request
Dear Mr. Hart;
Thank you for the opportunity to work with the City of Beaumont (City) to prepare the 2022 Trade Corridor Enhancement Program (TCEP) grant application for the SR- 60/Potrero Boulevard Interchange.
Mark Thomas has developed the scope and fee to prepare one TCEP grant application, California Benefit/Cost (Cal-B/C) model, TCEP performance measures, and associated maps and exhibits.
TASK 1 – TCEP GRANT APPLICATION
Task 1.1 – TCEP Grant Narrative Development
Mark Thomas will lead the development of the TCEP grant application narrative. The application will follow the requirements in the 2022 Trade Corridor Enhancement Program Guidelines Attachment 1. Project Nominations and Attachment 5 SB 1 Competitive Programs Transportation Equity Supplement. Mark Thomas will develop narratives for the sections of the TCEP application listed below.
A. Cover Letter: Letter from the nominating agency and signed by an authorized officer of the agency.
B. Fact Sheet: Up to two (2) pages fact sheet describing the project scope, cost, schedule, and benefits (outputs/outcomes), which also includes a brief narrative of how the project would impact Greenhouse Gas Emissions, how the project considers transportation equity, and how the project mitigated or avoided negative community impacts to result in better outcomes.
C. General Information: Overview of the project including project map, project scope, outputs and outcomes, consistency with the Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), and status of agreement between nominating agency and implementing agency.
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PAGE 2 OF 3
D. Screening Criteria: Project is consistent with Section 11. Eligible Projects of the program guidelines, which includes description of public benefits, compliance Streets and Highways Code section 2192 and Article XIX of the California Constitution, how the project complies with state and federal freight goals, and included in the RTP/SCS.
E. Project Delivery: Description of how the project will be implemented/constructed, if there will be multiple construction contracts, schedule risks, and environmental clearance status.
F. Evaluation Criteria: Using the Performance Measures, describe how the project improves freight factors, transportation system factors, community impact factors, and other criteria including leverage funding.
G. Other Project Information: Description of the project’s accessibility to jobs and destinations, climate change and resiliency, and environmental protections.
H. Funding and Deliverability: The project’s funding plan and commitments.
I. Other: Description of the project’s public and private benefits, interagency coordination, confirmation of no bulk coal shipping, and confirmation of reversible lane review.
In addition to these sections in the narrative body of the application, Mark Thomas will prepare and circulate the Attachment 4. State Highway System Project Impact Assessment Instructions and Form (CTC-0002). Mark Thomas will also prepare a list of stakeholders for letters of support and prepare a draft support letter. We will coordinate with the identified stakeholders to secure signed letters of support.
Task 1.2 – TCEP Cal B/C Model and Performance Measures
Mark Thomas, with input from Western Riverside Council of Governments (WRCOG) transportation modeling effort, will prepare the Cal-B/C Corridor Model and Attachment
2. Performance Metrics Form.
Mark Thomas will prepare a Cal-B/C model using the Corridor v8.1 model. We will input project cost, schedule, ADT, truck ADT, VMT, VHT, speed, and crash data into the model.
The Cal-B/C model will then calculate project benefits which will include travel time savings, vehicle operating cost savings, emissions benefits, and safety benefits. We will also include residual project costs for structures into the Cal-B/C model.
We will prepare a memorandum documenting the inputs and results from the economic model. This information, as well as the results of the Cal-B/C model, will be used to prepare the Performance Metrics Form.
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PROJECT SCHEDULE
TCEP applications are due electronically to the CTC by November 18. Mark Thomas as developed the schedule below to meet this aggressive deadline. · September 30 – Mark Thomas prepare SCAG TCEP fact sheet for submission. · October 5 – City issued Notice to Proceed.
· October 21 – Mark Thomas provides draft application package to the City for review.
· November 4 – City provides comments on the draft application package to Mark Thomas.
· November 16 – Mark Thomas addresses the City’s comments, finalizes the grant application, and submits to the CTC on the City’s behalf.
Mark Thomas recommends the City include RCTC in the application review. We’ve found their input very helpful based upon previous funding cycles.
ESTIMATED FEE
The total fee for Mark Thomas to prepare the TCEP application package is $45,000. The table below provides the breakdown between subtasks.
Proposed Fee
Task 1 - TCEP Grant Application
Task 1.1 - TCEP Grant Narrative Development $28,000
Task 1.2 - TCEP Cal B/C Model and Performance Measures $17,000 Total $45,000
Thank you again for this opportunity. If you have any questions regarding our scope and fee, please don't hesitate to contact Ryan Bissegger at (916) 539-4680 or email him at [email protected].
Sincerely,
MARK THOMAS & COMPANY, INC.
Darin Johnson, PE Ryan Bissegger
Division Manager + Associate Principal New Business Director + Associate
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Item 21.
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
DATE October 4, 2022
SUBJECT: Award a Contract to T.R. Holliman & Associates to Provide Recycled Water Implementation Services
Background and Analysis:
At a previous City Council meeting, Mayor White and Mayor Pro Tem Martinez were appointed to a sub-committee to represent the City of Beaumont on a 2x2 committee with two separate agencies, Beaumont Cherry Valley Water District, and the San Gorgonio Pass W ater Agency.
Over the course of meetings with the two other agencies, it was agreed upon that the staff members of the three agencies would collaborate on a scope of services to retain a consultant to provide recycled water implementation services, the cost of which would be divided equally amongst the three agencies. The intent of the contract award is to provide an independent assessment, analysis, and recommendation for the future use of recycled water.
The City took the lead and, with the approval of the other two agencies, issued a Request for Qualifications on August 26, 2022, through PublicPurchase.com and the City’s website. The other agencies assisted in notifying various qualified firms of the published Notice to Invite.
The scope of services included multiple task orders, including:
Initial individual facilitation meetings with each of the three agencies; Data collection and review of 22 documents, studies, and correspondence; Ongoing project facilitation meeting attendance and support; The preparation of technical memos presenting recommended conceptual plan and associated options for recycled water implementation; and finally, Prepare addendum for contract for additional services based upon conceptual plan for recycled water implementation.
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Responses were due on September 19, 2022. A total of nine firms downloaded the bid packet; however, only one firm submitted a proposal.
Staff from the three agencies met to review the bid packet and cost proposal and agreed that although only one consultant responded, the firm was reputable a nd adequately able to perform the duties outlined in the scope of services.
City staff met with the Finance and Audit sub-committee to review the bid package and received approval to move forward to City Council.
Finally, should City Council award the contract, the consultant will present progress payment invoices to the City of Beaumont who will in-turn submit appropriate fair share invoices to the two respective agencies for reimbursement to the City.
Fiscal Impact:
The City’s financial share of this contract shall not exceed $57,333, to be paid out of the Wastewater Treatment Fund contingency budget.
Recommended Action:
Award a Contract to T.R. Holliman & Associates in an amount not-to-exceed $149,600 to Provide Recycled Water Implementation Services and authorize the City Manager to approve any changes orders necessary up to $172,000.
Attachments:
A. Professional Services Agreement
795
Item 22.
AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 5th day of October, 2022, by and between the CITY OF BEAUMONT (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and T.R. Holliman & Associates, Inc., whose address is 3543 Citrus Street, Highland CA 92346 (“CONTRACTOR”).
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. CITY desires to engage CONTRACTOR to provide Recycled Water Implementation Facilitator Services; and
B. CONTRACTOR has made a proposal (“Proposal”) to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit “A”; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year unless extended by the parties with the approval of the City Council of the CITY.
2. Services to be Performed. CONTRACTOR agrees to provide the services (“Services”) as follows: Recycled Water Implementation Facilitator Services as provided in the Proposal and any related services which the City may request in writing. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal.
CONTRACTOR designates Thomas R. Holliman as CONTRACTOR’S professional responsible for overseeing the Services provided by CONTRACTOR.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
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2 .4. Compensation.
4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed One Hundred Forty-Nine Thousand Six Hundred dollars ($149,60.00).
4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Obligations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the 797
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3 Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR’s failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR’s employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPers retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY’s advance written approval.
5.09 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug- free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and 798
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4 agrees to maintain insurance in conformance with the requirements set forth below. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If CONTRACTOR or CONTRACTOR’s employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers’ Compensation coverage for any of CONTRACTOR’s employees that will be providing any Services hereunder. CONTRACTOR will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any workers’ compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.
6.04 Optional Insurance Coverage. Choose and check one: Required _X_ /Not Required ___; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.
7. General Conditions pertaining to Insurance Coverage
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A:VII”). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications. 799
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5 CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self -insurance available to CITY.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY’s protection without CITY’s prior written consent.
7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
8. Indemnification.
8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.
CONTRACTOR’s obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR’s agents and/or employees) is alleged to be an employee of CITY.
All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
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6 9. Additional Services, Changes and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.
10. Termination of Agreement.
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement.
Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR’s own way as an independent contractor, and in pursuit of CONTRACTOR’s independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY’s City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY’s employees, including disability or unemployment insurance, workers’ compensation, retirement, CalPers, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers’ compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual 801
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7 signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY’s sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY’s agents for examination all of such records and shall permit CITY’s agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY’s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will 802
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8 be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.
CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.
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9 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above-written.
CITY:
CITY OF BEAUMONT
By: ________________________________
Lloyd White, Mayor
CONTRACTOR:
T.R. Holliman & Associates, Inc.
________________________________
By: ______________________________
Print Name: _______________________
Title: _____________________________
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EXHIBIT “A”
PROPOSAL
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852Item 22.
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
DATE October 4, 2022
SUBJECT: Discussion on Cancelling the Regular City Council Meeting Scheduled for January 3, 2023
Background and Analysis:
The first regular meeting of the City Council in 2023 falls on January 3, 2023, the day after two City-recognized holidays (Friday, December 30th and Monday, January 2nd).
Because of the timing of the January 3rd meeting and the lack of scheduled discussion items, it may be prudent to cancel the regular meeting of the City Council scheduled for January 3, 2023.
Fiscal Impact:
City staff estimates the cost to prepare this report to be $50.00.
Recommended Action:
Discussion and direction to cancel the regular City Council meeting of January 3, 2023.
853
Item 23.