Beaumont City Council
November 21, 2023

1 Scope of Work
A. Project Management, Kickoff, and Timeline
A.1 Kickoff Meeting. LWC will attend a virtual kickoff meeting with City staff to establish project management and communication protocols, discuss ideas and aspirations for the project, review data needs, discuss community engagement, refine the scope of work and schedule, and clarify roles and responsibilities. LWC will prepare an agenda for the kickoff meeting and a summary following the kickoff meeting.

A.2 Project Management. LWC will communicate and coordinate with City staff throughout the project to efficiently execute tasks and provide high-quality deliverables. Under this task, LWC will monitor and direct the project to ensure successful achievement of milestones , timely completion of tasks within the given budget, and compliance with contract terms and conditions. This task also includes general project management and administration duties.

A.3 Timeline. LWC will develop a detailed timeline/schedule with milestones leading toward adoption of the Zoning Code Update. LWC will also maintain the project schedule and regularly distribute to the team as revisions occur to ensure deadlines are adhered to.

A.4 Data Needs. LWC will prepare an initial list of data needs for City staff prior to the project kickoff meeting, including, but not limited to maps, GIS data, uncodified ordinances, a list of technical zoning issues or interpretations, and a representative set of projects for use in reviewing how specific standards are applied.

Deliverables
 Kickoff meeting agenda and summary notes (Word/PDF)
 Project schedule (PDF)
 Data needs (Word)
B. Calls and Meetings
B.1 Biweekly Calls. LWC will establish regular calls with City staff to ensure ongoing coordination throughout the project and assumes biweekly calls (twice a month) for this purpose. LWC will prepare agendas and meeting summaries for these calls. On these calls, LWC will establish meeting objectives, discuss questions arising from the project, and make recommendations to/coordinate with City staff to determine appropriate action items.

B.2 Planning Commission and City Council Meeting Attendance (3). LWC will virtually attend up to three total meetings (Planning Commission and/or City Council) to support staff on providing informational updates on the project to the Planning Commission and/or City Council and to answer questions, as appropriate. LWC assumes City staff will prepare any presentation materials under this subtask.

Deliverables
 Agendas and action item summaries of biweekly calls (Word, email)

City of Beaumont
2 C. Outreach and Website
C.1 Community Outreach Memo. LWC will prepare a community outreach memo outlining a public engagement process for the Zoning Code Update. The process will provide opportunities for community stakeholders, decisionmakers, members of the public, and City staff to inform, review, and comment on the project and updated regulations as they are being formulated. The community outreach memo will outline all public meetings, study sessions, and any other outreach tools to be used. The memo will include approaches that seek to provide inclusive engagement; and clarify community values, collect meaningful data and qualitative input about priorities and desires for land uses and urban form.

C.2 Website Materials. LWC will prepare handouts and information/graphics for posting on the City’s website to inform and educate community members about the project.

C.3 City Staff Meetings (2). LWC will conduct up to two virtual meetings with City staff from various City departments to understand City priorities for/issues with the current Zoning Code. LWC will prepare a consolidated set of summary notes from both meetings.

C.4 Planning Commission Study Sessions (2). LWC will present and answer questions at up to two Planning Commission study sessions to support the adoption of the Zoning Code Update. One study session is anticipated to occur prior to preparation of the Public Review Dra ft Zoning Code, while the other study session is anticipated to occur after preparation of the Public Review Draft Zoning Code.

LWC attendance is assumed to be virtual. LWC will prepare a PowerPoint presentation (draft and final) and summary notes for the study sessions.

C.5 City Council Study Session. LWC will present and answer questions at one City Council study session to support the adoption of the Zoning Code Update and will coordinate with City staff to determine the appropriate timing for this study session. LWC attendance is assumed to be virtual. LWC will prepare a PowerPoint presentation (draft and final) and summary notes for the study session.

Deliverables
 Community Outreach Memo draft and final (Word, PDF)
 Website materials (JPG, PDF)
 City staff stakeholder meeting summary notes (Word)
 Planning Commission and City Council study session presentations and summary notes draft and final (PPT, Word, PDF)

D. Zoning Code
D.1 Administrative Draft Recommendations Report. LWC will analyze the effectiveness of existing regulations and the existing regulatory structure to meet the 2040 General Plan goals, policies, and actions and implement other City planning documents , including the 6th Cycle Housing Element, Downtown Beaumont Revitalization Plan (DBRP), Downtown Area Plan, Economic Development Strategic Plan (EDSP), and Parking Management Master Plan. LWC will integrate as appropriate LWC’s zoning analysis completed for the 2040 General Plan and 6th Cycle Housing Element. The results of the analysis, including an identification of items or topics to be addressed through the Zoning Code Update, will be summarized in an Administrative Draft Recommendations Report. The report is anticipated to include the following:
 A summary of key inconsistencies between the current Zoning Code and the General Plan and other City regulatory or policy documents

3  A summary of key inconsistencies between the current Zoning Code and State and federal law  Identification of key issues to be addressed in the update effort and recommendations for addressing the issues
D.2 Public Review Draft Recommendations Report. Based on City staff’s review of the Administrative Draft Recommendations Report, LWC will prepare a Public Review Draft Recommendations Repor t.

D.3 Table of Contents/Style Guide. LWC will propose an improved structure and organization of the Zoning Code to facilitate usability and clarity. LWC will prepare an annotated table of contents that describes the purpose and intent of sections and subsections. Where appropriate, the table of contents will note existing Code sections to establish a trail between the two documents indicating where chapters from the existing Code are to be re-located and which chapters/sections (if any) of the existing Code are not being carried forward.

LWC will also prepare a preliminary style guide focusing on page layout, cross references, terminology, fonts, graphics, charts, maps, etc. to create a Zoning Code that is clear and easy to use. LWC will prepare a final table of contents and style guide based on comments provided by City staff.

D.4 Administrative Draft Zoning Code
D.4.1 Zoning Districts. LWC will update existing zoning districts and overlay districts based on the Recommendations Report and input from public engagement efforts and City staff. LWC will prepare Administrative Draft Zoning Districts and Overlays for City staff review.

D.4.2 Use Regulations. LWC will update existing use regulations based on the Recommendations Report and input from public engagement efforts and City staff. Use regulations are anticipated to consist of the following:
 Land Use Definitions. A complete set of definitions of land uses regulated by the Zoning Code. Land uses should be defined through a clearly articulated modern use classification system that reflects contemporary land uses and groups them based on common functional, product, or physical characteristics. Use groups should be broad enough to allow the classification of new, unanticipated uses.
 Zoning District Use Regulations. Land use regulations by zoning district, clearly indicating which uses are permitted and what type of approval is required. Permitted land uses should be consistent with the corresponding General Plan land use designation and adaptable to contemporary trends in land use.
 Standards for Specific Uses. Supplemental standards for uses that warrant special consideration such as accessory dwelling uses, home occupations, telecommunication facilities, animal keeping, single-room occupancy facilities, and temporary uses.

LWC will prepare Administrative Draft Use Regulations for City staff review.

D.4.3 Citywide Standards. LWC will analyze current standards that apply in some or all zoning districts and prepare new or revised standards addressing issues identified in the Recommendations Report and through public engagement efforts and City staff input. Topics are anticipated to include, but are not limited to:
 Off-Street Parking and Loading Standards
 Landscaping Standards
 Nonconforming Uses
 Affordable Housing Incentives/Density Bonus Provisions

City of Beaumont
4  Walls and Fences
 Accessory Buildings and Structures
LWC will prepare Administrative Draft Citywide Standards for City staff review.

D.4.4 Sign Standards. LWC will prepare revised sign regulations that include regulations for specific sign types, limitations on the amount of signage, graphics, and sign review procedures. The City updated the sign regulations to be content-neutral in compliance with the US Supreme Court’s 2015 decision in Reed v. Town of Gilbert; therefore, LWC assume no further content-neutral revisions are necessary. LWC will prepare Administrative Draft Sign Standards for City staff review.

D.4.5 Administration and Permit Procedures. LWC will update administration and permit procedures, consisting of the following:
 Administration and Procedures. Provisions for administration and amendments to the Zoning Code and Zoning Map, and procedures that are common to the application and processing of a variety of different permits and approvals.  Land Use and Development Permits. Procedures for all zoning decisions, from ministerial approvals to more technical and substantive approvals, including use permits and variances.  Enforcement. Provisions for the enforcement of the Zoning Code.  Definitions. Definitions of key terms, using modern terminology and streamlining with general terminology where appropriate.

LWC will prepare Administrative Draft Administration and Permit Procedures for City staff review.

D.4.6 Compiled Administrative Draft Zoning Code. LWC will review all City comments on Administrative Draft regulations prepared in Tasks D.4.1 to D.4.5 and D.5 and prepare a complete and compiled Administrative Draft Zoning Code. LWC will work collaboratively to appropriately address all City comments and make additional improvements in order to supply the Cit y with a complete and high-quality compiled Administrative Draft.

D.5 Commercial/Industrial Design Standards. LWC will prepare design standards (relating to architectural details, building materials, design, and appearance) for commercial and industrial uses for City staff review. During the preparation of the Zoning Code Table of Contents, LWC will propose where these design standards are recommended to be located in the updated Code. LWC will then incorporate the commercial and industrial design standards into the Compiled Administrative Draft Zoning Code for City staff review (see Task D.4.6).

D.6 Public Review Draft Zoning Code. Pending City staff comments on the Compiled Administrative Draft Zoning Code, LWC will prepare the Public Review Draft Zoning Code Update.

D.7 Hearing Draft Zoning Code. Pending City comments on the Public Review Draft Zoning Code, LWC will prepare the Hearing Draft Zoning Code.

Deliverables
 Administrative Draft Recommendations Report (Word)
 Public Review Draft Recommendations Report (Word and PDF)  Table of Contents (draft and final) (Word or Excel)
 Style guide (draft and final) (Word and PDF)
 Administrative Draft Zoning Districts (Word)
 Administrative Draft Use Regulations (Word)
 Administrative Draft Citywide Standards (Word)

5  Administrative Draft Sign Standards (Word)
 Administrative Draft Administration and Permit Procedures (Word)  Compiled Administrative Draft Zoning Code (Word, PDF)  Administrative Draft Commercial/Industrial Design Standards (Word)  Public Review Draft Zoning Code (Word and PDF)
 Hearing Draft Zoning Code (Word and PDF)
E. Zoning Map
E.1 Zoning Map Consistency Analysis. Using General Plan Table 3.3 (Land Use Designations), LWC will identify any parcels on the Zoning Map with zoning classifications that are inconsistent with the General Plan. LWC will provide a table listing each inconsistent parcel with the land use designation, current zoning, and proposed zoning for City staff review. LWC will also review existing overlays to evaluate any recommended revisions to mapping of overlays. Any changes recommended for overlays will also be provided to City staff for review in table format.

E.2 Administrative Draft Zoning Map. After City staff’s review of the zoning map consistency analysis, LWC will prepare an Administrative Draft Zoning Map. The Administrative Draft Zoning Map will show updated zoning for parcels with General Plan and zoning inconsistencies or for parcels that are otherwise recommended for zoning change based on input from City staff.

E.3 Public Review Draft Zoning Map. LWC will prepare a Public Review Draft Zoning Map based on City staff’s review of the Administrative Draft Zoning Map.

E.4 Hearing Draft Zoning Map. Pending City comments on the Public Review Draft Zoning Map, LWC will prepare the Hearing Draft Zoning Code Update.

Deliverables
 Zoning Map consistency analysis (Excel, Word)
 Administrative Draft Zoning Map (ArcGIS, PDF)
 Public Review Draft Zoning Map (ArcGIS, PDF)
 Public Hearing Draft Zoning Map (ArcGIS, PDF)
F. Commercial/Industrial Design Guidelines
Refer to Task D.5
G. Hearings
G.1 Planning Commission Hearing (1). LWC will present and answer questions at one Planning Commission hearing for the adoption of the Zoning Code Update. LWC’s presentation will focus on the key proposed improvements and changes to the Zoning Code and Zoning Map, clarifying how existing standards and procedures would be altered, and the rationale supporting the amendments. LWC attendance is assumed to be virtual. LWC will prepare a PowerPoint presentation (draft and final) for the public hearing.

G.2 City Council Hearing (1). LWC will present and answer questions at one City Council hearing for the adoption of the Zoning Code Update. LWC attendance is assumed to be virtual. LWC will prepare a PowerPoint presentation (draft and final) for the public hearing.

City of Beaumont
6 Deliverables
 PowerPoint Presentation for one Planning Commission public hearing (draft and final) (PPT, PDF)
 PowerPoint Presentation for one City Council public hearing (draft and final) (PPT, PDF) H. CEQA
H.1 CEQA Memo. The City certified an EIR for the General Plan in late 2020. The Zoning Code Update will implement the policy direction of the General Plan, the environmental effects of which were evaluated in detail in the EIR. LWC anticipates that the Zoning Code Update will be consistent with the General Plan EIR; therefore, LWC will prepare a technical CEQA memo supporting findings of consistency with the 2040 General Plan EIR.

Deliverables
 CEQA Memo (Word and PDF)
I. Final Adopted
I.1 Final Adopted Zoning Code and Map. Based on City Council action and any final text changes provided by City staff, LWC will prepare the final Zoning Code and Zoning Map. LWC will provide one electronic copy of the Final Zoning Code in Microsoft Word format, one electronic copy of the Final Zoning Code and Final Zoning Map in PDF, and GIS format of the Final Zoning Map for incorporation into the City’s GIS system.

Deliverables
 Final Zoning Code (Word, PDF)
 Final Zoning Map (PDF, GIS)
Optional Tasks
LWC is experienced in providing outdoor lighting, food truck/mobile vending, and subdivision ordinances.

If desired, LWC will work with the City to prepare scopes and budgets for any of these optional tasks:

1. Update BMC Chapter 8.50 Outdoor Lighting

2. Update BMC Title 16 Subdivisions

3. Update BMC Chapter 5.72 Food Trucks
Assumptions
This proposal is based on the following assumptions:

1. All meetings and calls will be conducted virtually unless specified as in person.

2. All deliverables will be provided in electronic format unless specified as hard copy with an associated number of copies.

3. City staff will provide comments on draft materials as a single set of non-conflicting and actionable comments. The City’s comments will include comments from the City Attorney as appropriate as determined City staff. City Attorney comments will be compiled with City staff comments when provided.

7 4. GIS data provided will be complete and accurate. LWC will not be re sponsible for creating or creating GIS data other than the zoning district updates as specified in this scope of work.

5. City GIS data includes parcel-level General Plan designations and zoning classification, including all zoning overlays.

6. City staff will prepare staff reports, resolutions, and notices for Planning Commission and City Council meetings.

7. City staff will conduct all noticing efforts and provide any translations or interpretation services.

8. The proposal acknowledges laws and statutes enacted at the time of its writing. The parties will agree on amendments to the scope of services that become necessary if any changes occur to applicable rulings and create obligations that were unexpected at the time of the execution of this proposal.

Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee TASK A Project Management, Kickoff, and Timeline
A.1 Kickoff Meeting 2 590$ 8 2,000$ 8 1,560$ 2 350$ 16 2,480$ 36 6,980$ A.2 Project Management 2 590$ 24 6,000$ 32 6,240$ - -$ - -$ 58 12,830$ A.3 Timeline - -$ 4 1,000$ 8 1,560$ 4 700$ 12 1,860$ 28 5,120$ A.4 Data Needs - -$ 2 500$ 4 780$ 8 1,400$ 4 620$ 18 3,300$ SUBTOTAL - TASK A 4 1,180$ 38 9,500$ 52 10,140$ 14 2,450$ 32 4,960$ 140 28,230$ TASK B Calls and Meetings
B.1 Biweekly Calls - -$ 40 10,000$ 72 14,040$ 8 1,400$ 20 3,100$ 140 28,540$ B.2 PC and CC Meeting Attendance (3) - -$ 12 3,000$ 12 2,340$ - -$ - -$ 24 5,340$ SUBTOTAL - TASK B - -$ 52 13,000$ 84 16,380$ 8 1,400$ 20 3,100$ 164 33,880$ TASK C Outreach and Website
C.1 Community Outreach Memo - -$ 2 500$ 6 1,170$ 2 350$ 16 2,480$ 26 4,500$ C.2 Website Materials - -$ 2 500$ 8 1,560$ 4 700$ 16 2,480$ 30 5,240$ C.3 City Staff Meetings (2) - -$ 4 1,000$ 8 1,560$ - -$ 12 1,860$ 24 4,420$ C.4 PC Study Sessions (2) 2 590$ 12 3,000$ 20 3,900$ 4 700$ 40 6,200$ 78 14,390$ C.5 CC Study Session 1 295$ 6 1,500$ 10 1,950$ 2 350$ 16 2,480$ 35 6,575$ SUBTOTAL - TASK C 3 885$ 26 6,500$ 52 10,140$ 12 2,100$ 100 15,500$ 193 35,125$ TASK D Zoning Code
D.1 Administrative Draft Recommendations
Report 1 295$ 12 3,000$ 32 6,240$ 8 1,400$ 48 7,440$ 101 18,375$ D.2 Public Review Draft Recommendations
Report - -$ 8 2,000$ 16 3,120$ 4 700$ 16 2,480$ 44 8,300$ D.3 Table of Contents/Style Guide - -$ 8 2,000$ 24 4,680$ - -$ 48 7,440$ 80 14,120$ D.4 Administrative Draft Zoning Code -$ -$ -$ -$ -$ - -$ D.4.1 Zoning Districts 2 590$ 16 4,000$ 36 7,020$ 6 1,050$ 60 9,300$ 120 21,960$ D.4.2 Use Regulations 2 590$ 16 4,000$ 36 7,020$ - -$ 60 9,300$ 114 20,910$ D.4.3 Citywide Standards 2 590$ 16 4,000$ 40 7,800$ - -$ 60 9,300$ 118 21,690$ D.4.4 Sign Standards 2 590$ 16 4,000$ 24 4,680$ - -$ 40 6,200$ 82 15,470$ D.4.5 Administration and Permit Procedures 2 590$ 16 4,000$ 36 7,020$ - -$ 40 6,200$ 94 17,810$ D.4.6 Compiled Administrative Draft Zoning
Code 2 590$ 16 4,000$ 40 7,800$ - -$ 60 9,300$ 118 21,690$ D.5 Commercial/Industrial Design Standards 2 590$ 4 1,000$ 24 4,680$ - -$ 24 3,720$ 54 9,990$ D.6 Public Review Draft Zoning Code 1 295$ 24 6,000$ 80 15,600$ - -$ 80 12,400$ 185 34,295$ D.7 Hearing Draft Zoning Code 1 295$ 24 6,000$ 40 7,800$ - -$ 60 9,300$ 125 23,395$ SUBTOTAL - TASK D 17 5,015$ 176 44,000$ 428 83,460$ 18 3,150$ 596 92,380$ 1,235 228,005$ TASK E Zoning Map
E.1 Zoning Map Consistency Analysis - -$ 2 500$ 8 1,560$ 12 2,100$ 16 2,480$ 38 6,640$ E.2 Administrative Draft Zoning Map - -$ 4 1,000$ 8 1,560$ 12 2,100$ 8 1,240$ 32 5,900$ E.3 Public Review Draft Zoning Map - -$ 2 500$ 6 1,170$ 8 1,400$ 4 620$ 20 3,690$ E.4 Hearing Draft Zoning Map - -$ 2 500$ 4 780$ 4 700$ 2 310$ 12 2,290$ SUBTOTAL - TASK E - -$ 10 2,500$ 26 5,070$ 36 6,300$ 30 4,650$ 102 18,520$ TASK F Commercial/Industrial Design Guidelines (see D.5) SUBTOTAL - TASK F - -$ - -$ - -$ - -$ - -$ - -$ TASK G Hearings
G.1 Planning Commission Hearing (1) 1 295$ 8 2,000$ 12 2,340$ - -$ 16 2,480$ 37 7,115$ G.2 City Council Hearing (1) 1 295$ 8 2,000$ 12 2,340$ - -$ 16 2,480$ 37 7,115$ SUBTOTAL - TASK G 2 590$ 16 4,000$ 24 4,680$ - -$ 32 4,960$ 74 14,230$

TASK H CEQA
H.1 CEQA Memo - -$ 4 1,000$ 12 2,340$ - -$ 12 1,860$ 28 5,200$ SUBTOTAL - TASK H - -$ 4 1,000$ 12 2,340$ - -$ 12 1,860$ 28 5,200$ TASK I Final Adopted
I.1 Final Adopted Zoning Code and Map - -$ 2 500$ 8 1,560$ 2 350$ 16 2,480$ 28 4,890$ SUBTOTAL - TASK I - -$ 2 500$ 8 1,560$ 2 350$ 16 2,480$ 28 4,890$ Project Total 26 7,670$ 324 81,000$ 686 133,770$ 90 15,750$ 838 129,890$ 1,964 368,080$ *In-person meeting instead of virtual attendance: additional $2,000 per meeting.

Associate Total$295 $250 $195 $175 $155
Principal Director Senior
Lisa Wise Consulting, Inc.

Lead AssociateCity of Beaumont
Zoning Code Update

City of Beaumont Agreement#
1 AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 21st day of November, 2023, by and between the CITY OF BEAUMONT (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and Lisa Wise Consulting, Inc. a California Corporation, whose address is 939 S. Broadway, Suite 611, Los Angeles, CA 90015 (“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 a Zoning Code Update; 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 incorporated herein by this reference; 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.

D. Standard of Care. Contractor represents to City that the Services will be performed consistent with but limited to, that degree of skill and care ordinarily used by other reputable members of Contractor’s profession, practicing in the same or similar locality and under similar circumstances. Nothing in this Agreement shall be interpreted to require Contractor to meet any higher standard of care, and this paragraph shall control over any such contrary provision. Contractor makes no warranties, guarantees, express or implied, under this Agreement or otherwise in connection with Contractor’s 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 three (3) year(s) 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: Zoning Code Update per Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Jen Murillo as CONTRACTOR’S professional(s) responsible for overseeing the Services provided

City of Beaumont Agreement#
2 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.

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 Three Hundred Sixty-eight Thousand, Eighty Dollars and Zero Cents ($368,080.00).

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

City of Beaumont Agreement#
3 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 that purport to bind the CITY 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 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

City of Beaumont Agreement#
4 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 agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02. 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 (minimum requirements per State of California for individuals) 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 claim 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.

City of Beaumont Agreement#
5 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.

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 claim s if they are likely to involve CITY.

8. Indemnification.

General Liability. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), CONTRACTOR shall indemnify, defend and save harmless CITY from and against any and all claims, losses, costs, damages and expenses resulting from property damage, bodily injury or death (including reimbursement of reasonable attorneys’ fees), to the extent arising out of the operations of CONTRACTOR, its subconsultants or anyone employed by them. CITY shall have the right to select its legal counsel at CONTRACTOR’s expense, subject to CONTRACTOR’s approval, which shall not be unreasonably withheld.

Professional Liability. Notwithstanding the foregoing or any other term(s) in this or any other agreement, with respect to CONTRACTOR’s professional liability (as opposed to CONTRACTOR’s operations covered by Commercial General Liability Insurance), to the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), CONTRACTOR shall indemnify and hold harmless CITY from any and all losses, costs, damages and expenses, (including the reimbursement of

City of Beaumont Agreement#
6 reasonable attorneys’ fees), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONTRACTOR. In no event shall the cost to defend charged to CONTRACTOR exceed the CONTRACTOR’s proportionate percentage of fault.

CONTRACTOR has no obligation to pay for any of the indemnitees’ defense related cost prior to a final determination of liability or to pay any amount that exceeds CONTRACTOR’s finally determined percentage of liability based upon the comparative fault of CONTRACTOR.

The indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for CONTRACTOR or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts.

8A. Indemnification Design Professionals.

8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.

The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR’S proportionate percentage of fault.

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.

City of Beaumont Agreement#
7 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 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

City of Beaumont Agreement#
8 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 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. The parties agree that venue in any litigation between them shall be in Riverside County, 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.

City of Beaumont Agreement#
9 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 conflict s 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 C ITY 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.

13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.

City of Beaumont Agreement#
10 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: CONTRACTOR:

CITY OF BEAUMONT Lisa Wise Consulting, Inc.

By: By:

Julio Martinez, III
Print Name:

Title:

ATTEST:

By:___________________________
Nicole Wheelwright, Deputy City Clerk
APPROVED AS TO FORM:

By:___________________________
John O. Pinkney, City Attorney

City of Beaumont Agreement#

EXHIBIT “A”

PROPOSAL

City of Beaumont Agreement#

EXHIBIT “B”

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

Staff Report

TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE November 21, 2023
SUBJECT: Discussion and Direction on a Proposed Downtown Events Funding Policy

Description Adopt an objective process for evaluating requests for funding support for events in the downtown. Strategic Plan Target #5 – Quality of Life/Well-Being, Priority Level 2, Goal #5 Increase community events, arts and culture.

Background and Analysis:

In March 2023, City Council adopted Resolution No. 2023-03, which established user fees for certain specified services. The new fee schedule went into effect on July 1 st and included the categories of Special Event – Major, which has a deposit-based fee of $5,000 and Special Event – Minor, which has a deposit of $500. The deposits are based on the Cost Allocation Plan and are applied to fully allocated hourly rates of staff and any outside costs associated with processing the application. Prior to adoption of the fee schedule, these applications were processed at no charge to the applicant.

At the November 7, 2023, meeting City Council adopted a Special Event Permit Application Fee Waiver Policy. This policy allows consideration of fee waivers for the deposit associated with special events anywhere in the City.

The proposed Downtown Events Funding Policy (Attachment A) is specific to events in the downtown district (Attachment B) and is based on budget allocation in each fiscal year. As part of the Fiscal Year 2023-24 budget, City Council allocated $50,000 to help facilitate events in the City’s downtown.

The proposed policy addresses the following:
 Purpose: Set guidelines and criteria for support
 Goals and Objectives: Ensure events are in alignment with the City’s goals and objectives
 General Requirements and Evaluation Criteria: Establishes objective criteria for evaluation
 Eligible and Ineligible: Identifies specific allowable uses and uses which would not be considered for funding

 Policy and Procedures: Lays out the process for approval or denial of a request

Planning and Economic Development staff will monitor the budget line item for this program. Staff will provide a report to Council annually, detailing fund usage. If funds are expended before the end of the fiscal year, staff will report back to Council at that time.

Fiscal Impact:

The cost to prepare this staff report is approximately $250. There is $50,000 in available funding to implement this policy.

Recommended Action:

Hold discussion and adopt the Downtown Events Funding Policy.

Attachments:

A. Downtown Events Funding Policy
B. Downtown Area Map

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Downtown Events Funding Policy
Purpose
The purpose of this funding policy is to set forth guidelines and criteria governing the granting of City of Beaumont funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs, and cultural events within the City’s Downtown.

Although the City makes a concerted attempt to limit the amount of General Fund monies expended toward such activity, the City recognizes that this type of support plays an important role in facilitating community engagement, as well as promoting the economic development efforts of the City within the downtown.

Cthis policy does not apply to City events.

The City reserves the right to decline any request for community event funding if deemed not to be in the best interest of the City, or if acceptance would create a conflict of interest for the City.

Goals and Objectives
Appropriation of funds or in-kind services (including but not limited to application deposits, contributions of staff, equipment or other services) will be considered for special events, community projects or programs to be held within the downtown and designed to accomplish one or more of the following goals and objectives:
 Increase community events, arts and culture (2023 Strategic Plan Target #5, Goal #5)
 Work with local organizations to develop a variety of special activities and events that attracts visitors to Beaumont, as well as engages residents (2021 General Plan Policy 5.7.2)

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 Establish regular event programming to hold events such as Farmers Markets, and festivals in the Sixth Street median parking area (2021 General Plan Policy 11.9.1)
 Promote collaborative and inclusive partnerships with local cultural organizations, music groups, and community members to continue building a strong arts and cultural identity in Beaumont (2021 General Plan Policy 7.10.5)
Request for funding or support is evaluated according to the potential effectiveness and impact the particular special event, community project or program has on the community-at-large. Special attention is paid to requests that promote the attractiveness of the City as a place to visit and/or live, celebrate the heritage of the City and its residents, and/or enrich the character and quality of life of its residents.

General Requirements
Requests for funding will be accepted from the following:
 Non-Profit entities
 Community based organizations
 Organizations whose event demonstrates meeting the goals and objectives of this policy (For-profit entities)
City staff are responsible for the initial assessment of requests that are received in the form of a written request. In accordance with the guidelines, funding requests will only be considered for events and/or organizations hosting events that meet the eligibility criteria listed below. City staff will seek consultation with appropriate City stakeholders (e.g. City Legal, Finance Department), as needed.  Initial request for funding must accompany a Special Event Permit Application and must include information regarding any in-kind support that will be needed from the City including staff time or City equipment, transportation and marketing or communications efforts.

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 The request and application must be submitted in accordance with Beaumont Municipal Code Chapter 9.03 Regulation of Special Events.  Only staff-determined eligible applications will be submitted to City Council for consideration.

Evaluation Criteria
In addition to meeting the goals and objectives of this policy, the City will consider the following when reviewing a funding request:
 Whether the event is a benefit to the community.
 Whether the event creates positive publicity for the city.  The City’s cost of providing services for/to the event.  Available funding in the Downtown events budget.
 Whether the event promotes education, public health, public welfare or public safety.

Costs or Fees
Eligible Costs or Fees:
 Special Event Permit Application deposit
 Banner Permit or other temporary, event related signage permit fee  Events taking place within the City’s Downtown as identified on the map included as Attachment A
 Up to 50% of the cost of the event or $3,000, whichever is less Organizations can receive up to two funding appropriations within a 12- month period if funding is available.

Ineligible Costs or Fees:

1. Cost associated with Public Safety

2. Insurance or other fees as required by the City and/or ordinance

3. Any fees, permits or other items required by outside agencies

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4. City of Beaumont business license fees unless otherwise specified in the Beaumont Municipal Code
Events
Eligible Events (examples):

1. Market night events

2. Farmers market events

3. Cultural celebrations

4. Concerts

5. Art shows

6. Film festivals
Ineligible Events:

1. Events or activities that are not open to the public

2. Events outside of the Downtown Area

3. Events that are political in nature or by individuals seeking political office or elected officials for the purpose of an election campaign

4. Religious organizations seeking space or facilities for religious services

5. Corporate events – events organized or hosted by a business to sell, market or otherwise promote a business or product

6. Social gatherings – events organized or hosted for the sole purpose of promoting companionship or affiliation

7. Events that provide no community benefit

8. Trainings that charge for participation

9. Events which charge a fee for entry

10. Projects or organizations who have failed to fulfill their obligations during previous events or activities or failed to comply with conditions of approval resulting in an impact to public health or safety

11. Events scheduled that would conflict with already planned City of Beaumont community events (e.g., Freedom Festival, Blizzard Bash, etc…)

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Policy and Procedures
The Community Development Department recognizes the value of working with and supporting organizations to promote the City’s downtown. Charging fees for service is a standard practice when individuals, private groups, government or non-profit groups wish to process requests to hold events. Fees charged for applications, staff time or materials help cover the cost of providing such services.

This policy is established for determining when allocation of City funds may be used to cover applicable costs (e.g., application deposit, staff time, materials) established by the City of Beaumont’s adopted Fee Schedule.

The policy is effective to the extent a funding request can be considered without negatively impacting the City’s budget or current operations.

Submit a written request for funding support with the Special Event Permit Application with all other required materials to the Planning Department.

If the request involves approval from other City departments, the request will be forwarded as part of the review process.

Fee waiver requests will be assessed by the Community Development Department and City Manager’s Office, based on the requirements in this policy.

Upon review, the City Manager or his or her designee, will make a recommendation to the City Council for final approval or denial.

The Community Development Department will notify the applicant in writing of the final decision.

Upon Council approval of a funding request, funds will be reimbursed within thirty days of submittal of expenditure receipts to the Community Development Department.

Within forty-five (45) days of completion of the event for which funding support was given, the organization should provide a written report to the Community

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Development Department, to include at a minimum the number of participants, event revenue and expenses, and a description of the benefit to the City.

Reasons for Denial (not all inclusive)

1. Failure to abide by the procedures set forth in this policy or conditions of approval for the application may result in the respective permittee being denied the current and any future fee waiver requests.

2. Organizations that fail to cancel the approved event less than 30 days before their scheduled event and/or that fail to abide by this policy may forfeit their ability to request future fee reductions or waivers or enter into partnerships with the City for the following twelve (12) months.

Staff Report

TO: City Council
FROM: Kyle Warsinski, Economic Development Manager
DATE November 21, 2023
SUBJECT: Funding Agreement and Resolution Approving a Purchase and Sale Agreement – 516 California Avenue

Description Consideration of a Funding Agreement with Riverside County and a Resolution Approving a Purchase and Sale Agreement for the property located at 516 California Avenue (APN 418-091-012).

Background and Analysis:

On July 2, 2019, City Council approved Beaumont’s first Economic Development Strategic Plan. The Strategic Plan was created with input from numerous community stakeholders, City staff and the City Council. The plan included a mission statement and eight main goals.

The City of Beaumont strives to create a balanced, sustainable and diverse economic environment by leveraging existing local business, recruiting targeted industries, and encouraging outside investment, that will enhance Beaumont’s quality of life and support community values.

1. Develop an economically balanced community,

2. Recruit new business, while retaining and expanding local business, that promote growth of primary jobs and/or sales tax revenue,

3. Develop an online Economic Development presence to provide business owners and site selectors resources they need,

4. Create a quality of place that establishes Beaumont as a community to build and grow a business, as well as attract and retain talent,

5. Connect with and assist local small business start-ups and entrepreneurs,

6. Ongoing review of development review processes and identify streamlining and efficiency techniques,

7. Work with regional workforce development partners to provide needed resources to the area and begin to develop a retraining program for positions u nder threat of automation, and

8. Leverage the City’s strengths to maximize business opportunities.

The plan included major strategy areas designed to accomplish these goals. Since the adoption of the EDSP staff has spent time investigating existing entrepreneurial and workforce development programs and facilities throughout Riverside County. Many jurisdictions have created their own incubator and/or accelerator facilities, many of which are focused on specific industries (tech startups, geonomics, etc.), while others function to aid and support any start-up business regardless of industry. Workforce programs and services are prevalent within Riverside County, but are lacking locations within the Pass area, with the nearest locations either in Hemet or Riverside.

The City developed relationships and partnerships with many workforce and business development resource partners throughout the Inland Empire. These include Riverside County workforce development, the Inland Empire Small Business Development Center, and the California Employment Development Department. Staff has also worked with Mount San Jacinto Community College (MSJC) on various programs to provide resources to residents and potential students in the Pass area.

MSJC operates a satellite campus in the city of Banning, which was slated to become the home of the college’s Enterprise Resource and Innovation Center (ERIC). Growing needs on the Banning campus have made it difficult for the ERIC to find adequate space. MSJC contacted the City to discuss partnering on a business resource center for the San Gorgonio Pass area and future home of the ERIC. Beaumont’s centralized location within the Pass area was determined to be ideal to fulfill the ne eds of the community.

City staff and MSJC contacted our other workforce and business development partners to gauge interest in partnering on the facility to provide local resources to residents and business owners within the Pass area. All parties contacted expressed interest in offering services in the resource center.

Funding Agreement

The Riverside County Office of Economic Development learned of the project and is proposing to support the resource center with funding to assist the City in acquiring a facility primarily for housing the Pass Area Business Resource Center. The attached Funding Agreement (Attachment A) would provide the City with $1,700,000 to be used for property acquisition costs for the resource center. The agreement requires the City of Beaumont, and its partners, to operate the facility for a minimum of five (5) years. If approved by City Council, the funding agreement will be presented to the Riverside County Board of Supervisors for approval at their December 5, 2023, meeting.

Pass Area Business Resource Center

The Resource center will be the home of the MSJC ERIC. The ERIC will provide facilities and operation staff to provide workshops, educational forums, and related business development activities. The facility will become home to 4-5 entrepreneurial startup businesses who will derive access to shared resources, counseling, and networking opportunities. MSJC has pledged to install a makerspace lab to promote entrepreneurial concepts and prototypes, with fu rther support from the full makerspace at the San Jacinto campus. The ERIC also will facilitate career counseling information sessions and workshops.

In addition to MSJC, the City of Beaumont has received commitments to operate from Riverside County Workforce Development, the IE Small Business Development Center, and the California Employment Development Department. The City is working with a handful of other organizations who have expressed interest in operating within the business resource center.

Purchase and Sale Agreement - 516 California Avenue

The City intends to purchase the property located at 516 California Avenue (APN 41 8- 091-012) from PRROPERTIES LLC. The subject site contains a 7,296 square foot two- story, Class B office made up of 19 executive suites and an 880 square foot garage/storage space. The site is 0.28 acres which houses the two-story building and 18 parking spaces.

The attached Purchase and Sale Agreement (Attachment B) specifies the terms of the acquisition. Some of the main deal points are as follows:

 Purchase Price: $1,700,000,
 Escrow deposit of $50,000 (to be applied to the purchase price),  Buyer to pay all closing costs: Estimated $150,000,
 Thirty (30) day inspection/due diligence period,
 The City may terminate agreement for any reason within the 30-day period, including unsatisfactory building inspection report or if Riverside County fails to approve the funding agreement. If the agreement is terminated within the 30-day period, the $50,000 deposit will be refunded to the City.

In addition to the costs contained within the Purchase and Sale agreement, the acquisition of the property may require the City to provide relocation assistance to existing tenants within the building. Staff estimates the relocation assistance cost to be $338,000.

On October 11, 2023, the Beaumont Planning Commission determined the property is in conformance with the Beaumont General Plan land use designation of Downtown Mixed Use pursuant to Government Code Section 65402.

Fiscal Impact:

The total not to exceed cost for the acquisition is $2,188,000, which will be paid out of Capital Improvement Project No. CD-03. If the funding agreement with the County is approved, the out-of-pocket expenses for the City could total a maximum of $488,000.

In the event the funding agreement is not approved, the City will terminate the Purchase and Sale Agreement with the seller.

The cost to prepare the staff report totals $1,200 for staff and legal fees.

Recommended Action:

Approve the Funding Agreement with Riverside County,
Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Approving the Acquisition of Real Property”, and Approve the Purchase and Sale Agreement by and between the City of Beaumont a nd PRROPERTIES LLC. and authorize the City Manager to execute the agreement on behalf of the City.

Attachments:

A. Riverside County Funding Agreement
B. Resolution: Approving the Purchase and Sale Agreement C. Commitment Letters

1 FUNDING AGREEMENT BETWEEN COUNTY OF RIVERSIDE AND THE CITY OF

BEAUMONT FOR THE PASS AREA BUSINESS RESOURCE CENTER

This Funding Agreement (“Agreement”) is entered into by and between the County of Riverside, a political subdivision of the State of California, (“County”) and the City of Beaumont, (“Subrecipient”), a municipality in the State of California. County and Subrecipient are sometimes individually referred to as “Party” and collectively as “Parties.”

RECITALS

WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law, amending Section 9901 of Title VI of the Social Security Act which establishes the Coronavirus State and Local Fiscal Recovery Funds (Fiscal Recovery Funds) to provide state, local, and Tribal governments with the resources needed to respond to the pandemic and its economic effects and to build a stronger, more equitable economy during the recovery; and

WHEREAS, on January 6, 2022, the U.S. Department of the Treasury (U.S. Treasury) adopted a final rule implementing the Fiscal Recovery Funds which takes effect on April 1, 2022 (Final Rule), however, Subrecipient may generally take actions and use funds in a manner consistent with the terms of the Final Rule prior to April 1, 2022, to the extent they are more restrictive than those in the interim final rule, issued on May 10, 2021; and

WHEREAS, on June 7, 2022, Minute Order 3.31, the Board of Supervisors of the County of Riverside approved an Economic Recovery allocation of ARPA funds to support eligible small business incubator projects within Riverside County; and

WHEREAS, the County desires to allocate and the Subrecipient desires to utilize ARPA Fiscal Recovery Funds in a total amount not to exceed One Million Seven Hundred Thousand ($1,700,000.00), for expenditures identified in Exhibit A related to the Pass Area Business Resource Center (Resource Center) building acquisition, improvement, and operation project, and

NOW THEREFORE, in consideration of the mutual benefits, covenants, terms and conditions contained herein, the Parties agree as follows:

AGREEMENT

1. Incorporation of Recitals. The Recitals set forth above are incorporated herein and made an operative part of this Agreement.

2. Contract Documents. This Agreement consists of this Agreement and the following attachments, attached hereto and by this reference incorporated herein:

2.1 Attachment A – Business Resource Center Scope

2.2 Attachment B – U.S. Treasury ARPA Fiscal Recovery Funds Final Rule

2.3 Attachment C – Federal Provisions

2.4 Attachment D – Indemnification and Insurance Requirements

2.5 Attachment E – Project Reporting Requirements

3. Resource Center Project; Scope of Work. Subrecipient shall be responsible for completion of

2 all activities associated with purchase and acquisition of the Resource Center, as described in Attachment A, on or before June 30, 2024, by first using funds received from the County in the amount provided in Section 4 of this Agreement. The Subrecipient shall also furnish timely reporting and documentation assuring Subrecipient’s compliance with the U.S. Treasury ARPA Guidelines (as stated in the Final Rule of the U.S. Department of the Treasury published in the Federal Register on January 27, 2022), and within the timelines and specifications provided in Attachment B. Unless specifically provided for otherwise, the County shall bear no responsibility for the Resource Center project, including without limitation any activities associated with purchase, design, installation and construction, or any future operation of the Resource Center.

3.1 Project Signage. Subrecipient shall include appropriate acknowledgement of credit to the County for its support when promoting the Resource Center or using any data and/or information developed under this Agreement. Signage shall be posted in a prominent location at the Resource Center site(s) and shall include the U.S. Department of Treasury’s, and the County’s color logos, along with the following disclosure statement: “Funding for this project has been provided in full or in part from the American Rescue Plan Act, and through an agreement with the County of Riverside.” The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

3.2 Project Duration. The Subrecipient will agree to maintain the Resource Center Project substantially in conformance with the scope detailed below for a minimum period of five (5) years from beginning of operations. Operation of the Resource Center is to be funded by the subrecipient and through agreement(s) with the various entities choosing the operate within the facility. Said Operating Agreements are currently in development and expected to be executed prior to or concurrent with this agreement.

The multi-use center will offer the benefits to small businesses and the workforce directly impacted by the pandemic. The building will host the operations for Mount San Jacinto Community College (MSJC), Riverside County Workforce Development, Inland Empire Small Business Development Centers, State of California Employment Development Department, Asociacion de Emprendedores, and the City of Beaumont.

Services/programs provided include:
 Provide the facilities and operational staff support for the MSJC Enterprise Resource Innovation Center (ERIC).
 Provide workshops and educational forums on entrepreneurship and related business development activities.
 Support the Regional Business Resource Center with a small satellite makerspace and refer participants to the full makerspace at our San Jacinto campus for more complex projects to foster entrepreneurial innovation.
 Provide scheduled short-term contract education training specific to local business needs.  Provide small business technical assistance and training programs, through one -on-one consulting services and workshops specializing in business marketing, funding, management, and business planning.
 Schedule and facilitate career counseling information sessions and workshops on an as needed basis.
 Provide basic employment services. Such as participation in job fairs, workshops, informational presentations, preparation for interviews
 Provide referrals to education, training, and supportive services to help connect to the correct partner(s) under Workforce Innovation and Opportunity Act whenever possible.

3 4. Funding.

4.1 County shall provide funding to Subrecipient in a total amount not to exceed One Million Seven Hundred Thousand ($1,700,000.00) (“Award”), upon execution of this agreement and in compliance with ARPA Guidelines as set forth in Attachment B, attached hereto and by this reference incorporated herein, for the completion of the Resource Center. In the event that there is a conflict in the terms for payment in this Agreement and the terms in Attachments B and C, the terms in Attachments B and C shall take precedence. Subrecipient shall provide other non-federal funding at least equal to the amounts shown in Attachment A, attached hereto and by this reference incorporated herein, as a match to the funds provided by the County for the Resource Center.

4.2 Except as expressly provided in Attachment A of this Agreement, Subrecipient shall not be entitled to, nor receive from County any additional funding or other type of remuneration for services rendered under this Agreement. The Award amounts described in this Section are specifically for the Resource Center and make up the entire amount which the County has approved to fund for the Resource Center. Subrecipient shall not be entitled by virtue of this Agreement to consideration in excess of specified per-project Award amounts, and Subrecipient shall be responsible for any and all costs incurred above any Award amount for its implementation and completion of the specified Resource Center. Any subsequent amendments to Resource Center scopes or descriptions are not covered by this Agreement, and the funding for any such amendments or for any Resource Center cost overruns shall be the sole responsibility of Subrecipient, unless otherwise approved in writing by the County.

4.3 Should it be determined at any time by the Subrecipient or the County that the Subrecipient cannot, will not or is unable to complete the purchase for the property constituting an Resource Center subject to this Agreement in accordance with the applicable State and Federal requirements and the provisions of this Agreement on or before June 30, 2026, then the subrecipient shall return 100% of the Award amount reimbursed to Subrecipient for any uncompleted Resource Center as of the date of notification to the County, within thirty (30) days of notification.

4.4 In the event the actual cost for purchase, design, installation, or construction of the Resource Center is less than Award, Subrecipient shall refund the difference to County by June 30, 2024.

5.1 Payments

5.1.1 If the conditions set forth in this Agreement are met, County shall pay, on/or before the thirtieth (30th) day after close of escrow on the acquisition of property constituting the Resource Center, the sum of money claimed by the approved invoice.

5. Term. The Term of this Agreement shall be from the date of approval of this Agreement until filing of notice of completion of property acquisition for the Resource Center, or on June 30, 2024, whichever is sooner, unless sooner terminated as provided herein.

6. Subrecipient Compliance Obligations. The Subrecipient agrees to comply with the terms and conditions of this Agreement. The Subrecipient also agrees to apply the terms and conditions of this Agreement to all of its subcontractors (if applicable) and to require their strict compliance therewith. If it is determined that the Subrecipient is noncompliant, County may temporarily withhold or disallow reimbursement of costs, under 2 C.F.R. Part 200, as supplemented by 2 C.F.R. Part 910.

6.1 Federal Provisions. Subrecipient and all of its subcontractors shall comply with the Uniform Administrative Requirements, Cost Principles, Federal Provisions and Audit Requirements for Federal Awards Provisions contained in Attachment C

4 6.2 Additional terms and conditions for the Innovation Center. The Subrecipient and all of its subcontractors shall comply with the Drinking Water and / or the Clean Water State Revolving Fund compliance requirements as reflected in the U.S. Treasury ARPA Fiscal Recovery Funds Final Rule.

7. Contract Representatives.

7.1 County Representative. The Director of the Riverside County Office of Economic Development, or designee, shall be the designated representative who shall administer this Agreement on behalf of the County.

7.2 Subrecipient Representative. The City Manager, or designee, shall be the designated representative who shall administer this Agreement on behalf of the Subrecipient.

7.3 The Contract Representatives may be contacted as described in Section 11, below.

8. Records and Audit.

8.1 Subrecipient shall store and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of five (5) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photostatic, photographing and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. Any authorized representative of County shall have access to any writings as defined above for the purposes of making a report, audit, evaluation, or examination Further, County has the right at all reasonable times to audit, inspect or otherwise evaluate the work performed or being performed under this Agreement.

8.2 If it is determined pursuant to an audit that any funds provided pursuant to this Agreement have been improperly expended, Subrecipient shall, at the direction of the agency performing the audit, reimburse the County within thirty (30) days the full amount of such improperly expended funds. The funds shall be reimbursed in accordance with the recommendations in the audit.

9. Monitoring of Contract Compliance and Infrastructure Progress Reports.

9.1 Contract Compliance. The Subrecipient shall comply with the monitoring arrangements set forth in Project Reporting Requirements, attached as Attachment E.

9.2 Resource Center Progress Reports. Subrecipient shall, as specified herein, provide monthly reports detailing each Resource Center’s progress, including a financial status report and milestone progress report as described in Attachment E.

10. Notices. As used in this Agreement, notice includes but is not limited to the communications of any notice, request, demand, approval, statement, report, acceptance, consent, waiver, and appointment.

All notices must be in writing. All such notices from one party to another may be delivered in person, sent via reputable overnight courier, or served by first-class mail, certified or registered, postage prepaid, to each and all of the addresses set forth below.

If to County: If to Subrecipient:

Riverside County Office of Economic Development City of Beaumont Attention: Suzanne Holland, Director Attention: Elizabeth Gibbs, City Manager 3403 10th Street, Suite 400 550 E. 6th Street,
Riverside, CA. 92501 Beaumont, CA 92223

12. Conflicts of Interest. Subrecipient covenants that it presently has no interest, including but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or

5 indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. RECIPIENT further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by it under this Agreement. In the event federal funds are used, in whole or in part, for this Project, Subrecipient understands and agrees it must maintain a conflict of interest policy consistent with 2. C.F.R. section 200.318 (c) and that such conflict of interest policy is applicable to each activity funded under this award. Subrecipient must disclose in writing to the U.S. Treasury or through Recipient, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2. C.F.R. section 200.12.

13. Nondiscrimination. During any period in which Subrecipient is in receipt of funds from Recipient, Subrecipient and its Board, officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religious creed, color, national origin, ancestry, physical or mental disability including perception of disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex, sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military and veteran status. Subrecipient and its officers, employees, agents, representatives or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non- discrimination and equal opportunity, including without limitation the County’s non- discrimination policy; Title VI of the Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and U.S. Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the U.S. Treasury’s implementing regulations at 31 C.F.R. part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. sections 12101 et seq.)which prohibits discrimination on the basis of disability under programs, activities, and services provided or m ade available by state and local governments or instrumentalities or agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.); California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of Federal Regulations, and Riverside County’s non-discrimination policy.

Subrecipient shall include the non-discrimination and compliance provisions of this Section in all subcontracts to perform work under or as a derivative of this Agreement.

14. Indemnification. The Subrecipient shall be bound by the indemnification, hold harmless and defend provisions contained in Attachment D.

15. Insurance. Subrecipient shall obtain, and maintain, or caused to be obtained and maintained, at all times during the Term of this Agreement, insurance coverage in the amounts and coverage specified in Attachment D.

16. Termination. The County may terminate this agreement upon a determination that Subrecipient is not complying with ARPA terms and conditions. The County may withhold additional planned distributions of funding to Subrecipient pending receipt of requisite reporting requirements by Subrecipient to the County as described herein.

6 17. Compliance with Laws. The Subrecipient is required to comply with all applicable federal, state and local laws and regulations for all work performed or funded by and through this Agreement. The Subrecipient is required to obtain all necessary federal, state and local permits, authorizations and approvals for all work performed under this Agreement.

18. Disputes. The parties shall attempt to resolve any disputes amicably at the working level. If that is not successful, the dispute shall be referred to the senior management of the parties. The Subrecipient shall proceed diligently with the Innovation Center described in this Agreement pending the resolution of a dispute. The Parties reserve the right to pursue any remedies at law or in equity should any dispute relating to this Agreement not by resolved by the Parties. Notwithstanding the foregoing, prior to the filing of any legal action related to this Agreement, the Parties shall be obligated to attend a mediation session in Riverside County before a neutral third-party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.

19. Status of Subrecipient. The Subrecipient is, for purposes relating to this Agreement, an independent contractor and shall not be deemed an employee of the County. It is expressly understood and agreed that the Subrecipient (including its employees, agents, and subcontractors) s hall in no event be entitled to any benefits to which County employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer-employee relationship between the parties nor is there a joint venture; and Subrecipient shall indemnify and hold County harmless from any and all claims that may be made against County based upon any contention by a third party that an employer-employee relationship exists by reason of this Agreement.

19.1 All acts of Subrecipient and its officers, employees, agents, representatives, subcontractors, and all others acting on behalf of Subrecipient relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of County. Subrecipient, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of County. No agent, officer or employee of the County is to be considered an employee of Subrecipient. At all times during the term of this Agreement, the Subrecipient and its officers, employees, agents, representatives, or subcontractors are, and shall represent and conduct themselves as, independent contractors and not employees of County.

19.2 Subrecipient shall determine the method, details, and means of performing the work and services to be provided by Subrecipient under this Agreement. Subrecipient shall be responsible to County only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to County's control with respect to the physical action or activities of Subrecipient in fulfillment of this Agreement. Subrecipient has control over the manner and means for completion of the Innovation Center described in this Agreement. If necessary, Subrecipient has the responsibility for employing or engaging other persons or firms to assist Subrecipient in fulfilling the terms and obligations under this Agreement.

19.3 If in the performance of this Agreement any third persons are employed by Subrecipient, such persons shall be entirely and exclusively under the direction, supervision, and control of Subrecipient. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Subrecipient. It is further understood and agreed that Subrecipient must issue W-2 forms or other forms

7 as required by law for income and employment tax purposes for all Subrecipient’s assigned personnel under the terms and conditions of this Agreement.

20. Entire Agreement. This Agreement is the result of negotiations between the Parties. This Agreement is intended by the Parties as a full and final expression of their understanding with respect to the matters contained in this Agreement and shall not be modified in any manner except by an instrument in writing executed by the Parties or their respective successors in interest.

21. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

22. Governing Law and Venue. The interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County, California.

23. Construction/Interpretation. Headings or captions to the provisions of this Agreement are solely for the convenience of the Parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this Agreement.

24. No Waiver. Failure of the Parties to insist upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.

25. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

26. Severability. It is intended that each paragraph of this Agreement shall be treated as separate and divisible, and in the event that any paragraphs are deemed unenforceable, the remainder shall continue to be in full force and effect so long as the primary purpose of this Agreement is unaffected.

27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

28. Use of Electronic (Digital) Signatures. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

Each party of this Agreement agrees to the use of electronic signatures, such as digital signatu res that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ.

Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time.

The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code

8 [Signature Provisions on Following Page]

9 28. Authority to Enter Agreement. Each Party to this Agreement warrants to the other that it is duly organized and existing and that it and the respective signatories have full right and authority to enter into and consummate this Agreement and all related documents and bind the parties thereto.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date as indicated beside each Party's signature.

COUNTY: SUBRECIPIENT:

COUNTY OF RIVERSIDE, a political subdivision CITY OF BEAUMONT of the State of California

By: ______________________________ By: _______________________________

Kevin Jeffries Julio Martinez
Chair, Board of Supervisors Mayor

ATTEST:

Clerk of the Board
Kimberly Rector

By: _____________________________
Deputy

APPROVED AS TO FORM
County Counsel

By: ________________________
Stephanie K. Nelson
Deputy County Counsel

City of Beaumont
City Attorney

By: __________________________

John O. Pinkney

10 Attachment A – Pass Area Business Resource Center Acquisition Scope

The proposed business Resource Center facility offers 7,296 square feet of mixed office, meeting, lab, and classroom space to address needs identified for co-locating services, providing resources for entrepreneurs and job seekers alike.

Project Schedule: Acquisition to be completed no later than June 30, 2024

Acquisition cost of the Pass Area Business Resource Center $1,850,000.00 City of Beaumont funding $150,000.00
Riverside County Office of Economic Development ARPA Economic Recovery Funding shall be used specifically for acquisition. $1,700,000.00

TOTAL CONTRIBUTION BY COUNTY - $1,700,000.00

11 Attachment B – U.S. Treasury ARPA Fiscal Recovery Funds Final Rule

12 ATTACHMENT C

FEDERAL PROVISIONS
Should funding be allocated through American Rescue Plan Act (ARPA; (Title VI of the Social Security Act Section 602 et seq.), the COUNTY will administer and distribute those funds in accordance with ARPA. ARPA requires that payments from the Coronavirus Fiscal Recovery Fund be used to respond to the public health emergency or its negative economic impacts, to respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay, provide government services to the extent the reduction of revenue due to COVID -19 public health emergency, and to make necessary investments in water, sewer, or broadband infrastructure. It is effective beginning May 17, 2021 and ends on December 31, 2026.

Subrecipient acknowledges and agrees that this Agreement is subject to the federal requirements, including but not limited to the federal provisions provided below:

1. NON-DISCRIMINATION. Subrecipient shall not be discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of ethnic group identification, race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall compl y with the provisions of the California Fair Employment and Housing Act (Gov. Code 12900 et. seq), the Federal Civil Rights Act of 1964 (P.L. 88-352), the Americans with Disabilities Act of 1990 (42 U.S.C. S1210 et seq.) and all other applicable laws or regulations.

2. EQUAL EMPLOYMENT OPPORTUNITY/ FAIR EMPLOYMENT PRACTICES/ FEDERAL PROVISIONS. During the performance of this Agreement, the Subrecipient shall not deny benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, or sex. Subrecipient shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

A. Subrecipient shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.), the provisions of Executive Order 11246 of Sept. 23, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor, the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135-11139.8), and of the rules, regulations or standards adopted by the County to implement such article.

B. The Subrecipient shall comply with the provisions of the Copeland “Anti-Kickback” Act, 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Agreement.

3. CLEAN AIR ACT. The Subrecipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Section 7401 et seq.

The Subrecipient agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the California

13 Governor's Office of Emergency Services, Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. The Subrecipient agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

4. FEDERAL WATER POLLUTION CONTROL ACT
The Subrecipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. Sections 1251 et seq.

The Subrecipient agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.

The Subrecipient agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

5. DEBARMENT AND SUSPENSION CLAUSE
This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Subrecipient is required to verify that none of the Subrecipient, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

The Subrecipient must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by the County. If it is later determined that the Subrecipient did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

6. BYRD ANTI- LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED)

Subrecipients who apply or bid for an award of $100,000 or more shall file the required certification.

Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the County.

APPENDIX A, 44 C.F.R. PART 18- CERTIFICATION REGARDING LOBBYING

The undersigned [Subrecipient] certifies, to the best of his or her knowledge, 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection

14 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con nection 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.

C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

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 (as amended by the Lobbying Disclosure Act of 1995). 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.

The Subrecipient certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

SUBRECIPIENT

By
Date

7. PROCUREMENT OF RECOVERED MATERIALS

In the performance of this Agreement, the Subrecipient shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired A. Competitively within a timeframe providing for compliance with the contract performance schedule;
B. Meeting contract performance requirements; or
C. At a reasonable price.

Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program
The Subrecipient also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

8. ACCESS TO RECORDS

The following access to records requirements apply to this Agreement:

A. The Subrecipient agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Subrecipient which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions B. The Subrecipient agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

15 C. The Subrecipient agrees to provide the FEMA Administrator or his or her authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

D. In compliance with the Disaster Recovery Act of 2018, the County and the Subrecipient acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

9. DEPARTMENT OF HOMELAND SECURITY SEAL, LOGO, FLAGS

The Subrecipient shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

10. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS

This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Subrecipient will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

11. NO OBLIGATION BY FEDERAL GOVERNMENT

The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

12. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

The Subrecipient acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Subrecipient’s actions pertaining to this Agreement.

13. FEDERAL PREVAILING WAGE

DAVIS-BACON ACT COMPLIANCE (applicable to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation)

To the extent required by any Federal grant programs applicable to expected funding or reimbursement expenses incurred in connection with the services provided under this Agreement, Subrecipient agrees to comply with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as set forth below.

A. The Subrecipient shall be bound to the provisions of the Davis-Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages. All labor on this project shall be paid neither less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California Director of Department of Industrial Relations (State Wage Rates). Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp . Additionally, wages are required to be paid not less than once a week.

B. The general prevailing wage rates may be accessed at the Department of Labor Home Page at www.wdol.gov . Under the Davis Bacon heading, click on “Selecting DBA WDs.” In the drop down menu

16 for State, select, “California.” In the drop down menu for County, select “Riverside.” In the drop down menu for Construction Type, make the appropriate selection. Then, click Search.

The Federal minimum wage rates for this project are predetermined by the United States Secretary of Labor. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California DIR for similar classifications of labor, the Subrecipient and subcontractors shall pay not less than the higher wage rate. The County will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes “helper” (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Subrecipient and subcontractors, the Subrecipient and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.

14. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence)
A. Compliance: Subrecipient agrees that it shall comply with Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701–3708) as supplemented by Department of Labor regulations (29 CFR Part 5), which are incorporated herein.

B. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement 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.

C. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of paragraph B of this section, the Subrecipient and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Subrecipient and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B, in the sum of $10 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 paragraph B.

D. Withholding for unpaid wages and liquidated damages: Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or 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, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in paragraph C of this section.

E. Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section.

17 15. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.

16. RIGHTS TO DATA AND COPYRIGHTS – Subrecipients and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).

17. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS

EQUIPMENT OR SERVICES
A. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services As used in this clause— B. Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv)Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

C. Exceptions.
(1) This clause does not prohibit contractors from providing— a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

18 (2) By necessary implication and regulation, the prohibitions also do not apply to:
a. Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system.
b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.

D. Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Subrecipient shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification:

The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. Page 10
E. Subcontracts. The Subrecipient shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

18. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE A. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a st atutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111- 212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

B. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and

19 c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition;
(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
(iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.

C. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the infor mation through SAM because you were required to do so under Federal procurement contracts that you were awarded.

D. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.

E. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visi ts, corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes - (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and
(2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.

20 Attachment D – Indemnification and Insurance Requirements

INDEMNIFICATION
A. Basic Indemnity

1. To the fullest extent permitted by applicable law, Subrecipient agrees to indemnify, hold harmless and defend the County of Riverside, its Agencies, Districts, Departments and Special Districts, Board of Supervisors, elected and appointed officials, and each of their respective directors, members officers, employees, agents, volunteers and representatives ("Indemnitees") and each of them from any and all Losses that arise out of or relate to any act or omission constituting ordinary and not professional negligence (including, without limitation, negligent breach of contract), recklessness, or willful misconduct on the part of Subrecipient or its subconsultants or their respective employees, agents, representatives, or independent contractors.

2. "Losses" shall mean any and all economic and non-economic losses, costs, liabilities, claims, damages, actions, judgements, settlements and expenses, including, without limitation, full and actual attorney's fees (including, without limitation, attorney's fees for trial and on appeal), expert and non- expert witness fees, arbitrator and arbitration fees and mediator and mediation fees.

3. Subrecipient further agrees to and shall indemnify and hold harmless the Indemnitees from all liability arising from suits, claims, demands, actions, or proceedings made by agents, employees or subcontractors of Subrecipient for salary, wages, compensation, health benefits, insurance, retirement or any other benefit not explicitly set forth in this Agreement and arising out of work performed for County pursuant to this Agreement. The Indemnitees shall be entitled to the defense and indemnification provided for hereunder regardless of whether the Loss is in part caused or contributed to by the acts or omissions of an Indemnitee or any other person or entity; provided however, that nothing contained herein shall be construed as obligating Subrecipient to indemnify and hold harmless any Indemnitee to the extent not required under the provisions of Paragraph B below.

B. Indemnity for Design Professionals

1. To the fullest extent permitted by Applicable Law, Subrecipient agrees to defend (through legal counsel reasonably acceptable to County), indemnify and hold harmless the Indemnitees, and each of them, against any and all Losses that arise out of, pertain to, or relate to, any negligence, recklessness or willful misconduct constituting professional negligence on the part of Subrecipient or its Subconsultants, or their respective employees, agents, representatives, or independent contractors. The Indemnitees shall be entitled to the defense, and indemnification provided for hereunder regardless of whether the Loss is, in part, caused or contributed to by the acts or omissions of an Indemnitee or any other person or entity; provided, however, that nothing contained herein shall be construed as obligating Subrecipient to indemnify and hold harmless any Indemnitee to the extent not required under the provisions of this section. Subrecipient shall defend and pay, all costs and fees, including but not limited to attorney fees, cost of investigation, and defense, in any loss, suits, claims, demands, actions, or proceedings to the extent and in proportion to the percentage, such costs and fees arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Subrecipient arising out of or from the performance of professional design services under this Agreement. The duty to defend applies to any alleged or actual negligence, recklessness, willful misconduct of Subrecipient. The cost for defense shall apply whether or not Subrecipient is a party to the lawsuit and shall apply whether or not Subrecipient is directly liable to the plaintiffs in the lawsuit. The duty to defend applies even if Indemnitees are alleged or found to be actively negligent, but only in proportion to the percentage of fault or negligence of Subrecipient.

2. Without affecting the rights of County under any other provision of this Agreement, Subrecipient shall not be required to indemnify or hold harmless or provide defense or defense costs to an Indemnitee for a loss due to that Indemnitee's negligence, recklessness or willful misconduct; provi ded, however, that such negligence, recklessness or willful misconduct has been determined by agreement of Subrecipient and Indemnitee or has been adjudged by the findings of a court of competent jurisdiction.

21 C. Subrecipient agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this section from each and every Subconsultant, of every Tier.

D. Subrecipient's indemnification obligations under this Agreement shall not be limited by the amount or type of damages, compensation or benefits payable under any policy of insurance, workers' compensation acts, disability benefit acts or other employee benefit acts.

E. The Indemnitees shall be entitled to recover their attorneys' fees, costs and expert and consultant costs in pursuing or enforcing their right to defense and/or indemnification under this Agreement.

INSURANCE REQUIREMENTS

Without limiting or diminishing the Subrecipient’s obligation to indemnify or hold the County harmless, Subrecipient shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. As respects to the insurance section only, the County herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers’ Compensation: If the Subrecipient has employees as defined by the State of California, the Subrecipient shall maintain statutory Workers Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside.

B. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of Subrecipient’s performance of its obligations hereunder. Policy shall name the County as Additional Insured. Policy’s limit of liability shall not be less than $2,000,000 pe r occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County as Additional Insureds.

C. Vehicle Liability: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then Subrecipient shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County as Addit ional Insureds.

E. General Insurance Provisions - All lines:

1. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) un less such requirements are waived, in writing, by the County Risk Manager. If the County’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.

22 2. The Subrecipient must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of self -insured retention unacceptable to the County, and at the election of the County’s Risk Manager, Subrecipient’s carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the County, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.

3. Subrecipient shall cause Subrecipient’s insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If Subrecipient insurance carrier(s) policies do not meet the minimum notice requirement found herein, Subrecipient shall cause Subrecipient’s insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.

4. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Subrecipient shall not commence operations until the County has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.

5. It is understood and agreed to by the parties hereto that the Subrecipient’s insurance shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

6. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) years; the County reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the County Risk Management's reasonable judgment, the amount or type of insurance carried by the Subrecipient has become inadequate.

7. Subrecipient shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.

23 8. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the County.

9. Subrecipient agrees to notify County of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement

24 Attachment E - Project Reporting Requirements

Monthly Progress Reports shall be submitted after execution of this Agreement. Monthly reports shall be sent via e-mail to the Office of Economic Development contact identified herein and report shall include a brief description of the work performed during the reporting period, including purchase and construction status, milestones achieved, financial status report including cost incurred to date, schedule updates, and any problems encountered in the performance of the work under this Agreement.

1 RESOLUTION 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BEAUMONT, CALIFORNIA, APPROVING THE ACQUISITION OF

REAL PROPERTY
WHEREAS, City is a general law city and a municipal corporation of the State of California; WHEREAS, the location, purpose, and extent of the acquisition was submitted to and reported on by the Planning Commission as to conformity with the adopted general plan prior as per Govt C §65402(a) on October 11, 2023.

WHEREAS, the City has identified real property for acquisition having the goal of economic development development as provided above and wishes to authorize such acquisition; WHEREAS, the County of Riverside will be funding One Million Seven Hundred Thousand Dollars ($1,700,000.00) of the One Million Seven Hundred Thousand Dollars ($1,700,000.00) purchase under the American Rescue Plan Act (ARPA) which was signed into law, amending Section 9901 of Title VI of the Social Security Act establishing the Coronavirus State and Local Fiscal Recovery Funds program.;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:

SECTION 1. The City Council hereby approves the Purchase and Sale Agreement between the City of Beaumont and PRROPERTIES, LLC, a California limited liability company, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, subject to the terms and conditions stated therein.

SECTION 2. The City Council hereby authorizes and directs the City Manager, or her designee to execute the Purchase and Sale Agreement on behalf of the City, and to take any and all actions and execute any and all documents needed to consummate the transactions contemplated by the Purchase and Sale Agreement, including, but not limited to, executing the Certificate of Acceptance as contemplated by the Purchase and Sale Agreement and closing the escrow contemplated by the Purchase and Sale Agreement.

SECTION 3. CEQA does not apply to the forgoing acquisition as the City Council determines with certainty that there is no possibility that the activity in question may have a significant effect on the environment." 14 Cal Code Regs §15061(b)(3).

SECTION 4. That this Resolution shall take effect immediately upon adoption by the City Council.

2 PASSED, APPROVED AND ADOPTED at the regular meeting of the City Council of the City of Beaumont, California, held on the _____ day of __________, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF BEAUMONT CITY COUNCIL

____________________________
Julio Martinez, Mayor

ATTEST:
____________________________
Nicole Wheelwright, City Clerk

3 EXHIBIT “A”

AGREEMENT FOR PURCHASE AND SALE

AND ESCROW INSTRUCTIONS

THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS (this “Agreement”) is dated as of November 21, 2023 (“Effective Date”), and is entered into by and between the THE CITY OF BEAUMONT, a general law city (“Buyer”), and PRROPERTIES LLC, a California limited liability company (“Seller”).

RECITALS
A. Seller is the owner of the real property consisting of approximately .28 acres improved with a 7296 sf building described on Exhibit “A” (the Property”). Said Property is commonly referred to as 514-516 California Avenue, Beaumont, CA 92223 (APN 418-091-012).

B. Buyer wishes to acquire the Property using funds available under the American Rescue Plan Act (ARPA) which was signed into law, amending Section 9901 of Title VI of the Social Security Act establishing the Coronavirus State and Local Fiscal Recovery Funds program as provided by the County of Riverside to the City for the purpose of economic development as provided in government Code 52200 et. seq.

C. Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer.

NOW, THEREFORE, in consideration of the foregoing recitals, the mutual terms and covenants hereinafter set forth and for other consideration, the sufficiency of which is hereby acknowledged, Buyer and Seller hereby agree as follows:

1. SALE AND PURCHASE PRICE.

1.1 Sale and Purchase. Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property upon the terms and conditions hereafter set forth.

1.2 Purchase Price; Consideration for Agreement; Deposit.

1.2.1 The purchase price (“Purchase Price”) for the Property shall be One Million Seven Hundred Thousand Dollars ($1,700,000.00).

1.2.2 RESERVED

1.2.3 Within 48 hours after the date on which escrow is opened under Section 4.1 below, Buyer shall deliver Fifty Thousand Dollars ($50,000.00), to the Escrow Holder to be deposited in an interest-bearing account and held as an earnest money deposit under the Escrow pursuant to the terms and provisions hereof (which earnest money deposit, together with the interest thereon, is herein called the “Deposit”).

If Buyer approves in writing matters in Section 3.1 during the Inspection Period the Deposit shall be: (i) applicable to the Purchase Price upon the close of escrow; (ii) refunded to Buyer if the Close of Escrow does not occur due to a failure of a condition to closing or termination by Buyer permitted by this Agreement (including a termination under Section 13 below), or if Seller defaults and Buyer does not elect the remedy of specific performance; and (iii) retained by the Seller as liquidated damages in accordance with the following if Buyer defaults. The Deposit shall be refunded to Buyer in the event that Buyer does not provide notice of approval of the Inspection Period during the 30- day Inspection Period. For the sake of clarity, if Buyer defaults in its obligation to Close Escrow, Seller shall retain the Deposit.

If Buyer breaches any obligation hereunder which Buyer is to perform prior to the close of escrow, and Buyer fails to cure such breach within ten (10) business days after delivery of written notice from Seller, then Seller may terminate this Agreement and the Escrow by giving written notice of such termination to Buyer and Escrow Holder, and the Deposit shall then be retained by Seller as liquidated damages for Buyer’s uncured default, as Seller’s sole and exclusive remedy for Buyer’s uncured default.

IF CLOSING FAILS TO OCCUR SOLELY BECAUSE OF BUYER’S UNCURED

DEFAULT, SELLER WILL BE DAMAGED AND WILL BE ENTITLED TO

COMPENSATION FOR THOSE DAMAGES, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. BUYER DESIRES

TO LIMIT THE AMOUNT OF DAMAGES FOR WHICH BUYER MIGHT BE LIABLE SHOULD BUYER BREACH THIS AGREEMENT. BOTH BUYER AND SELLER WISH

TO AVOID THE COSTS AND LENGTHY DELAYS THAT WOULD RESULT IF

SELLER FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR A BREACH OF THIS AGREEMENT. IF CLOSING FAILS TO OCCUR BECAUSE OF BUYER’S UNCURED

DEFAULT, THEN THE DEPOSIT SHALL BE DEEMED TO CONSTITUTE A REASONABLE AND FINAL ESTIMATE OF SELLER’S DAMAGES AND SHALL BE RETAINED BY SELLER AS LIQUIDATED DAMAGES AS SELLER’S SOLE AND EXCLUSIVE REMEDY. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE

READ AND UNDERSTAND THE PROVISIONS OF THIS SECTION AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.

THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH

LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369,

BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

BUYER’S INITIALS

SELLER’S INITIALS

2. TITLE.

2.1 General. Title to the Property shall be conveyed by a grant deed in the form attached hereto as Exhibit “B” and shall be evidenced by the issuance to Buyer of a CLTA Standard Coverage Form of Owner’s Policy of Title Insurance (or an ALTA Extended Coverage Form JD

Policy, if Buyer elects to pay the additional expense of such coverage) (“Title Policy”), and the cost of the Title Policy shall be borne by Buyer. The Title Policy shall be issued by ______________________________________; Title Officer: ____________ (“Title Company”), with liability in the full amount of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens and encumbrances and other matters affecting title to the Property, except the lien for assessments not yet due, and title exceptions which Buyer has approved in writing (which shall constitute “Approved Title Exceptions”).

2.2 Acts After Date of Agreement. During the period from the date of this Agreement through the Close of Escrow, Seller shall not record or permit to be recorded any document or instrument relating to the Property without the prior written consent of the Buyer, which consent may be withheld in Buyer’s sole and absolute discretion.

2.3 Possession; Removal of Personal Property. Possession of the Property shall be delivered to Buyer upon the Close of Escrow. Seller shall remove all Seller’s personal property prior to the Close of Escrow. Seller shall have no obligation to terminate the tenancies of any of the tenants on the Property nor shall it have any obligation to retain any such tenant..

3. TITLE AND PHYSICAL INSPECTION DUE DILIGENCE; INSPECTION PERIOD.

3.1 Inspection Period. For thirty (30) days after escrow is opened under Section

4.1 (“Inspection Period”), Buyer may conduct, at Buyer’s sole expense, such inspections of the title report and title exceptions therein, including obtaining a survey, and inspections and testing of the Property, including any improvements thereon, soils and ground water, as Buyer may desire or deem appropriate, in Buyer’s sole discretion, to determine the suitability of the Property for Buyer’s intended use. In conducting such physical inspections and testing, the Buyer shall endeavor to minimize damage to the Property, and any improvements thereon, and shall, in the event escrow fails to close, return the Property, including the improvements thereon, if any, substantially to its condition prior to Buyer’s inspections and testing, Seller hereby grants to Buyer and its authorized employees, representatives, agents and contractors, permission and a license to enter upon the Property at all reasonable times prior to the end of the Inspection Period for the purpose of conducting such inspections and testing. In the event the Property is occupied by any person(s) other than Seller, Seller shall make arrangements with such person(s) to ensure access by Seller its authorized employees, representatives, agents and contractors in order to conduct the inspections and testing pursuant to this section. Buyer shall indemnify, protect, defend (with legal counsel reasonably acceptable to Seller) and hold Seller harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from, related to or caused by, Buyer’s entry upon the Property or the performance of any inspection or test conducted by or at the request of Buyer or its contractors or agents. Notwithstanding the forgoing, Buyer shall have no liability whatsoever for the results of its testing including discovery of any defects with the Property including, but not limited to, soil contamination by hazardous substances. In the event Buyer determines the Property is not suitable, then Buyer may terminate this Agreement by written notice to Seller given prior to the end of the Inspection Period.

4. ESCROW.

4.1 Escrow Holder. The escrow shall be opened with Title Company (sometimes referred to herein in that capacity as “Escrow Holder”) using First American Title Escrow, Debbie Fitz, within three (3) calendar days after the execution of this Agreement by Buyer and Seller depositing an executed copy or executed counterparts of this Agreement with Escrow Holder. This document shall be considered as the escrow instructions between the parties, with such further instructions as Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder or that are sent to Escrow Holder in writing by either party, but such unilateral escrow/closing instructions must be consistent with this Agreement.

4.2 Close of Escrow. For the purposes of this Agreement, “Close of Escrow” shall be the date on which a grant deed for the Property in favor of Buyer is recorded in the Official Records of the Riverside County Recorder’s Office. The closing shall take place within fourteen (14) calendar days (no later than January 4, 2024) after Buyer delivers notice of approval after the Inspection Period as defined in Section 3.1 above. All risk of loss or damage with respect to the Property shall pass from Seller to Buyer at the Close of Escrow.

Escrow Holder shall prepare a preliminary settlement statement for approval by Buyer and Seller prior to the Close of Escrow, showing the sources and uses of all funds, and all prorations and costs.

4.3 Seller Required to Deliver. Before the Close of Escrow, Seller shall deposit into escrow the following:

4.3.1 A grant deed conveying the Property to Buyer, in the form attached hereto as Exhibit “B”, duly executed by Seller and acknowledged (the “Grant Deed”);

4.3.2 A California 593 certificate and federal non-foreign affidavit (with respect to Seller); and

4.3.3 Any other documents reasonably required by Escrow Holder or the Title Company to be deposited by Buyer to carry out this escrow.

4.4 Buyer Required to Deliver. On or before the Close of Escrow, Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable):

4.4.1 An executed and acknowledged “Certificate of Acceptance” in the form attached to the Grant Deed (attached hereto as Exhibit ”B”);

4.4.2 The remainder of the Purchase Price which is One Million Six Hundred and Fifty Thousand Dollars ($1,650,000.00) plus the closing costs and fees as provided in this Agreement; and

4.4.3 Any other documents reasonably required by Escrow Holder to be deposited by Buyer to carry out this escrow.

4.5 Conditions to the Close of Escrow. Escrow shall not close unless and until both parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in this Agreement. Additionally, Buyer’s obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Buyer’s benefit and may be waived only by Buyer:

4.5.1 Seller shall have performed all agreements to be performed by Seller hereunder.

4.5.2 Title Company shall have issued or shall have committed to issue the Title Policy to Buyer, for the amount of the Purchase Price, showing fee title to the Property to be vested in Buyer subject only to the Approved Title Exceptions.

If any of the conditions to Close of Escrow are not timely satisfied for a reason other than a default of Buyer or Seller under this Agreement, and this Agreement is terminated, then upon termination of this Agreement, Escrow Holder shall promptly return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer in escrow and to return to Seller all funds and documents deposited by Seller in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, however, the amount of any cancellation charges required to be paid by such party under Section

4.10 below).

4.6 Recordation of Grant Deed; Delivery of Funds and Possession. Upon receipt of the funds and instruments described in this Section 4, Escrow Holder shall cause the Grant Deed to be recorded in the office of the County Recorder of Riverside County, California.

Thereafter, Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges as shown on a preliminary Settlement Statement executed by Buyer and Seller) to Seller.

4.7 Prorations. Property taxes shall not be prorated as Buyer is exempt from property taxes; Seller shall pay all property taxes for the billing period in which the Close of Escrow occurs, and then may apply for a refund of the property taxes that are allocable to the period after the Close of Escrow, and Buyer shall reasonably cooperate therewith. All assessments shall be prorated between Buyer and Seller as of the Close of Escrow based on the latest available tax information. All prorations shall be determined on the basis of a 360-day year.

4.8 Costs of Escrow. Buyer shall pay the premium for the Title Policy and one hundred percent (100%) of the escrow fees, and the recording costs (if any).

4.9 Brokers. Buyer and Seller represent to one another that no other broker except John Fox, Keller Williams Redlands is engaged in connection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction other than, John Fox, Keller Williams Redlands, in connection with the transaction contemplated by this Agreement, whose full commission shall be paid by Buyer through the close of escrow, provided that Seller discloses to Buyer a copy of broker’s listing agreement and any other written or verbal agreements with such broker during the Inspection Period disclosing the amount of the commission and the terms. Each party covenants and agrees that any other broker fee or commission, which may be due or payable, other than to John Fox, Keller Williams in connection

with the closing of the transaction contemplated by this Agreement through its dealings with that party, shall be borne solely by that party. Each party agrees to defend, indemnify and hold harmless the other party and its respective employees, agents, representatives, council members, attorneys, successors and assigns, from and against all claims of any agent, broker, finder or other similar party arising from or in connection with its activities relating to the sale of the Property to Buyer.

4.10 Escrow Cancellation Charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. In the event that the escrow shall fail to close for any other reason, Buyer shall pay all escrow and title cancellation charges.

5. NOTICES. All notices, requests, demands and other communication given or required to be given hereunder shall be in writing and sent by first class United States registered or certified mail, postage prepaid, return receipt requested, or sent by a nationally recognized courier service such as Federal Express, duly addressed to the parties as follows:

To Seller: PRROPERTIES LLC, a California limited liability company c/o John Daniel
516 California Ave.

Beaumont, CA 92223

To Buyer: City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Attn: Elizabeth Gibbs, City Manager
Delivery of any notice or other communication hereunder shall be deemed made on the date indicated in the return receipt or courier’s records as the date of delivery or as the date of first attempted delivery, if sent by mail or courier service. Any party may change its address for purposes of this Section by giving notice to the other party as herein provided.

6. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned by either party without the prior written consent of the other party.

7. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. No provision of this Agreement may be amended, supplemented or in any way modified except by an agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement.

8. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.

9. TIME OF THE ESSENCE. Time is of the essence of this Agreement.

10. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement.

11. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the economic terms of the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement.

12. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further acts and to execute, acknowledge and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement.

13. REPRESENTATIONS BY SELLER. Seller hereby represents and warrants that:
(i) Seller has disclosed to Buyer all material facts about the Property known to Seller; (ii) Seller is the owner of the Property and has full right/ power and authority to grant and convey the Property to Buyer and perform all of Seller’s obligations under this Agreement; (iii) Seller has not granted any rights of possession of the Property to any person or entity, other than the tenants occupying the Property on the Effective Date and has no knowledge of any such rights of possession of any of the Property, including subsurface rights. (iv) Seller has not performed any work on the Property that might give rise to any current mechanics liens or current materialmen’s liens, and has no knowledge of any such work that could give rise to such liens.
(v) Seller has no knowledge of any actions, suits or proceedings, pending or threatened, that would affect the Property or the right to occupy or use the Property. (vi) All of the leases for space within the Property have been provided to Buyer and all are terminable on 30 days’ notice. The Rent Roll attached to this Agreement as Exhibit “C” is the current accurate rent-roll for the Property; Seller will not enter into any new leases for the Property from the execution of this Agreement through the Closing. Seller agrees that none of the tenants of the Property including those listed on the rent roll that are owned, controlled or indirectly controlled by Seller shall be entitled to relocation benefits under Government Code Section 7260 et seq CCP 1263.510, 1263.205, 1263.210, 42 USC Section 4601 or any other form of compensation by Buyer under California law or otherwise such tenants include, without limitation, Renesent, Inc., Trelegate, Clevertone, Johnvekser, Vekser, Prroperties and Beleton. At the request of Buyer, Seller shall cause such tenants to execute enforceable waivers of such rights prior to the Closing.

If Seller becomes aware of any of the foregoing, Seller shall promptly notify Buyer in writing, and Buyer may then terminate this Agreement by written notice to Seller and the Deposit and all interest thereon shall be delivered to Buyer.

The above/foregoing representations and warranties shall survive the Close of Escrow.

14. 1031 Exchange. Buyer shall upon request of the Seller cooperate in effecting one or more tax-deferred like kind exchanges under Section 1031 of the Internal Revenue Code in connection with the transaction contemplated by this Agreement, including the execution of escrow instructions and other documents therefor; provided that the requesting party will pay any and all additional costs or expenses connected with such exchange. [signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

SELLER:

PRROPERTIES, LLC a California limited
liability company

By: ________________________

BUYER:

CITY OF BEAUMONT
By:

Print Name:

Title:

APPROVED AS TO FORM:

Exhibit “A”

EXHIBIT “A”

LEGAL DESCRIPTION OF THE LAND
Real property in the City of Beaumont, County of Riverside, State of California, described as follows:

LOT 29, 30, AND 31 IN BLOCK 102 OF THE AMENDED MAP OF THE TOWN OF BEAUMONT, AS SHOWN BY MAP ON FILE IN BOOK 6, PAGES 16 AND 17 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.

TOGETHER WITH THE NORTH 54.00 FEET OF LOTS 32, 33, AND 34 IN BLOCK 102 OF SAID MAP.

ALSO TOGETHER WITH THE NORTH 34.11 FEET OF THE SOUTH 66.00 FEET OF SAID LOTS 32, 33, AND 35;

EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINED:

COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 54.00 FEET OF SAID LOT 34;
THENCE ALONG THE WEST LINE OF SAID LOT 34, NORTH 0°4'5" EST 3.61 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE.

THENCE LEAVING SAID WEST LINE, SOUTH 69°35'45" EAST TO A POINT ON THE EAST LINE OF SAID LOT 29, DISTANT THEREON NORTH 0°14'5" EAST 11.92 FEET FROM THE SOUTHEAST CORNER THEREOF.

EXHIBIT “B”

FORM OF GRANT DEED
(Attached.)

RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:

THE CITY OF BEAUMONT

Attn: ____________________

SPACE ABOVE FOR RECORDER’S USE ONLY
APNs:

THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:

This Grant Deed is exempt from Recording Fees pursuant to California Government Code Section 27383.

Documentary Transfer Tax is $0 (exempt; conveyance to a public entity).

GRANT DEED
FOR VALUABLE CONSIDERATION , receipt of which is hereby acknowledged ____________________, hereby grants to THE CITY OF BEAUMONT (“Grantee”), the land located in the City of Beaumont, County of Riverside, State of California, more particularly described on Exhibit “A” attached hereto, all improvements and fixtures thereon.

IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below.

Dated: , 202_
GRANTOR:

By: ______________________

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document.

STATE OF CALIFORNIA
COUNTY OF ________________

On ________________ ____, 20____ before me,____________________________, Notary Public, personally appeared _________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ______________________

(affix seal in above space)

Exhibit “A”
to Grant Deed

LEGAL DESCRIPTION
Real property in the City of Beaumont, County of Riverside, State of California, described as follows:

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Grant Deed dated __________, 202__, from Beaumont Concrete Company, a Nevada corporation, to THE CITY OF BEAUMONT, a general law city, is hereby accepted by the undersigned officer on behalf of THE CITY OF BEAUMONT pursuant to the authority conferred by action of the board of THE CITY OF BEAUMONT on __________________, 202__, and the grantee consents to recordation thereof by its duly authorized officer.

Dated: ______________, 202__
_________________________________
Elizabeth Gibbs-Urtiaga, City Manager

State of California )
County of ________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

A notary public or other officer
completing this certificate verifies only the
identity of the individual who signed the
document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.

San Jacinto Campus
1499 N. State Street
San Jacinto, CA 92583
951.487.6752
Menifee Valley Campus
28237 La Piedra Road
Menifee, CA 92584
951.672.6752
San Gorgonio Pass Campus
3144 W. Westward Avenue
Banning, CA 92220
951.922.1327
Temecula Valley Campus
41888 Motor Car Parkway
Temecula, CA 92591
951.672.6752
June 14, 2023
Kyle Warsinski
Economic Development Manager
City of Beaumont - Civic Center
550 E. 6th Street
Beaumont, CA 92223
Re: Letter of Support
Mt. San Jacinto Community College is excited to offer this letter of support for the impending City of Beaumont Regional Economic Development Hub.

Mt. San Jacinto Community College is committed to a partnership with the City of Beaumont’s Economic Development Department and the mutual vision for a comprehensive business, employment, and economic development center for the region. As such, the District agrees to the following support for a commitment term of 5-years:
•Provide the facilities and operational staff support for the Enterprise Resource Innovation Center (ERIC)
•Provide workshops and educational forums on entrepreneurship and related business development activities
•Support the Regional Economic Development Hub space with a small satellite makerspace and refer participants to the full makerspace at our San Jacinto campus for more complex projects •Provide scheduled short-term contract education training specific to local business needs •Schedule and facilitate career counseling information sessions and workshops on an as needed basis
•Offer support and other resources from the District on an as needed basis Mt. San Jacinto Community College is proud to provide partnership in the aforementioned areas to advance education, training, workforce development, as well as entrepreneurship and resource support for this service area.

Sincerely,
Roger W. Schultz, Ph.D.

Superintendent/President
[email protected] | 951.487.3002
1499 N. State Street, San Jacinto, CA 92583
Roger W. Schultz, Ph.D.

Superintendent/President
Board of Trustees
Tom Ashley
Vicki Carpenter
Jhalister Corona
Joshua Rivera
Brian Sylva

PO Box 826880 • Sacramento, CA 94280-0001 • edd.ca.gov May 18, 2023

Morris Myers
1499 N. State Street
San Jacinto, CA 92583

Dear Morris Myers:

Subject: Letter of partnership with Mt. San Jacinto Community College (MSJC) for the Pass Area Enterprise Resource & Innovation Center (ERIC) in Beaumont.

This is a letter of partnership agreement between Employment Development Department (EDD), Workforce Services, MSJC and future site of the Pass Area Enterprise Resource & Innovation Center (ERIC) in Beaumont. This will support a new and innovative work opportunities in priority industry sectors, employers, and job seekers.

Should ERIC be developed into a functioning AJCC, Employment Development Department, Workforce Services intends to the following:

• Focused recruitments for employers.
• Facilities and scheduling services to screen and interview applicants. • Facilitation of Employer Advisory Councils in the local area to support employers. • Provide reemployment assistance to help employers who are experiencing worker reductions.
• Provide local area labor market information to help plan for business expansion, relocation, or future hiring and training needs.
• Provide job search workshops that teach skills needed to find and keep a job. • Assistance with accessing CalJOBSSM system.
• Provide referrals to education, training and supportive services to help connect to the correct partner(s) under Workforce Innovation and Opportunity Act whenever possible. • Be the liaison/connection between partners.
• Provide basic employment services. Such as participation in job fairs, workshops, informational presentations, preparation for interviews.

We look forward to working with MSJC and the ERIC in establishing a partnership to serve our community in Beaumont, CA. Please feel free to contact me with any questions.

California Employment Development Department Workforce Services Inland Empire is in full support of the ERIC in Beaumont, CA. We are committed in working together in reaching our goal together. If you have any additional questions, please contact me at [email protected]; 951-233-8039.

Sincerely,

Carolyn Reyna
Deputy Division Chief
Inland Empire
Employment Development Department Workforce Services

August 9, 2023

Morris Myers
1499 N. State Street
San Jacinto, CA 92583
RE: LETTER OF PARTNERSHIP SUPPORT WITH MT. SAN JACINTO COMMUNITY COLLEGE (MSJC) FOR THE PASS AREA ENTERPRISE RESOURCE & INNOVATION CENTER (ERIC) IN

BEAUMONT
To whom it may concern,
I am writing to you on behalf of the Inland Empire Small Business Development Center to lend our support to the efforts of MSJC proposal for ERIC project in Beaumont. As a community partner we have a longstanding relationship with the Pass Area and their small businesses community and offer a myriad of services to help them grow. The economic vitality of the pass area is of keen interest to us, since we collaborate assistance to the community through the many economic development programs sponsored by the County of Riverside. The expansion of much needed small business technical assistance and training to the region would only augment the amount of current investment in the area benefitting the merchants, residents, and the City. We look forward to a favorable outcome to our request for consideration of the Enterprise Resource and Innovation Center Beaumont Project. Thank you again for your help on this matter.

Sincerely,

Paul Nolta
Director of IE Small Business Development Center

Staff Report

TO: City Council
FROM: Robert Vestal, Public Works Director
DATE November 21, 2023
SUBJECT: Update on the Citywide Traffic Signal Upgrade at Beaumont Ave and First Street

Description Update on the Citywide Traffic Signal Upgrade at Beaumont Ave and First Street, CIP R-13 (Project).

Background and Analysis:

On August 3, 2021, City Council authorized City staff to pre-purchase traffic signal poles for the Project due to the 6–8-month lead time for production.

On January 3, 2022, City staff ordered the traffic signal poles from McCain, an approved Caltrans vendor, manufactured at an approved Caltrans facility (Valmont).

On July 18, 2022, City staff received the poles.

On April 18, 2023, City Council awarded the construction of Citywide Traffic Signal Upgrade at First Street and Beaumont Avenue (CIP R-13) to Elecnor Belco Electric, Inc. (Belco).

On August 24,2023, City Staff met with Belco and a Caltrans inspector in the field, for a pre-construction meeting. It was during this meeting the Caltrans inspector rejected the poles and indicated that since the Caltrans Materials Engineering and Testing Services (METS) did not inspect the poles during fabrication, the poles would need to be evaluated by METS or replaced entirely.

On August 25, 2023, City Staff contacted METS directly and explained the issue. METS declined to inspect the poles. City Staff reached out to the Caltrans Project Manager who was unable to assist in the matter.

During the period from August 25, 2023 to September 21, 2023, City Staff made several attempts to resolve the issue with the Caltrans inspector, METS, and the Project Manager.

On September 22, 2023, City Staff reached out to RCTC staff for assistance.

On October 19, 2023, RCTC indicated that METS would investigate into the issue with the poles.

On November 1, 2023, RCTC further indicated that “Caltrans METS was able to find all the information they needed from Valmont and they feel there is sufficient paperwork to justify accepting the poles through visual inspection.”

On November 7, 2023, RCTC inquired into who would be assigned to the project and coordinate with City staff to schedule a visual inspection.

City Staff continues to work with RCTC and METS to schedule the visual inspection.

Pending approval from METS, the project will be ready to move forward.

Fiscal Impact:

The estimated cost to prepare this staff report is $350.

Recommended Action:

Receive and file.

Staff Report

TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE November 21, 2023
SUBJECT: Request for Proposal (RFP) Sub-Committee

Description Discussion and direction of RFP Sub-Committee assigned to the Financial and Audit Committee.

Background and Analysis:

On March 1, 2022, City Council had a consensus to designate the Treasurer and sub - committee of the Financial and Audit Committee to participate in the review and recommendation of proposals for all RFPs with an exception to Public Works bids.

This item is being brought forward for discussion to determine if this is still a desired task of the Financial and Audit Committee and if so, a reconsideration of the designation to be any two members of the Financial and Audit Committee to review the RFP proposals. This would alleviate any scheduling conflicts and allow for a wider range of availability without delaying the award of contract.

Fiscal Impact:

The cost to prepare this report is estimated to be $85.

Recommended Action:

Discuss and give direction to staff.

Staff Report

TO: City Council
FROM: Elizabeth Gibbs, City Manager
DATE November 21, 2023
SUBJECT: Traffic Relief Plan Workshop

Description Set date and time for a presentation from Riverside County Transportation Commission (RCTC) staff on the draft Traffic Relief Plan.

Background and Analysis:

At the November 7, 2023, City Council meeting, staff was directed to bring back an item to set a workshop date and time to discuss RCTC’s draft 2024 Traffic Relief Plan.

Staff is recommending that City Council set Thursday, December 7, 2023, at 5:00pm as the date and time to hold the workshop and has confirmed that RCTC staff is available at that time to present on the draft Traffic Relief Plan.

Fiscal Impact:

The cost to prepare this staff report is $95.

Recommended Action:

Set Thursday, December 7, 2023, at 5:00pm as the Traffic Relief Plan workshop.

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com

BILLING DEPARTMENT
[email protected]
REPLY TO:

Palm Springs, California
November 6, 2023
CITY OF BEAUMONT PROFESSIONAL SERVICES THRU: 10/31/2023 TOTAL DUE: $118,247.77
Sincerely,

SBEMP,LLP
By: Accounting Department

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 3, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*240 PB LLC
Professional services through: 10/31/2023: Invoice # 83115 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $10,784.69

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 6, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Blackwell
Professional services through: 10/31/2023: Invoice # 83117 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $4,851.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 6, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Cazares&Rosa
Professional services through: 10/31/2023: Invoice # 83118 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $9,281.30

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 6, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Deryke
Professional services through: 10/31/2023: Invoice # 83119 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $5,186.95

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 6, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Gen Lit
Professional services through: 10/31/2023: Invoice # 83128 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $5,692.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 6, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Gregg
Professional services through: 10/31/2023: Invoice # 83120 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $550.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 6, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Police Dept
Professional services through: 10/31/2023: Invoice # 83123 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $6,310.20

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 6, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Thomas Family
Professional services through: 10/31/2023: Invoice # 83125 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $27.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 6, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Urban Logic
Professional services through: 10/31/2023: Invoice # 83126 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $38,182.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 6, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Wright
Professional services through: 10/31/2023: Invoice # 83127 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $2,500.23

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 6, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-Labor&Employ
Professional services through: 10/31/2023: Invoice # 83129 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $2,342.20

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 6, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-OverRetainer
Professional services through: 10/31/2023: Invoice # 83130 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $25,004.70

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
November 6, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-Retainer
Professional services through: 10/31/2023: Invoice # 83131 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $7,534.00

*Beginning Balances are not final until the prior fiscal year audit is complete.

Beginning Fund Balance
FY 2024 Budgeted
Revenues
October
Activity
FYTD 2024 Actual
Receipts %FY 2024 Budgeted
Expenditures
October
Activity
FYTD 2024 Actual
Disbursements %T/D Ending Fund
Balance
100 GENERAL FUND 35,738,060.49                    67,789,803.00       3,129,403.47    9,655,605.71         14% 70,006,721.00       4,142,753.05    20,078,710.53      29% 25,314,955.67 120 SELF INSURANCE 6,329,219.38                        ‐                            ‐                      46,953.23              0%‐                            ‐                      68,400.94              0% 6,307,771.67 200 GAS TAX ‐                                        1,566,996.00         147,222.91       552,211.17            35% 1,566,996.00         391,749.00            25% 160,462.17 201 SB1 2,329,870.55                       1,353,950.00          ‐                      225,675.74            17% 2,018,738.00          ‐                          0% 2,555,546.29 202 MEASURE A 2,895,980.53                       743,600.00             72,974.14          167,317.23            23% 2,264,528.00          ‐                          0% 3,063,297.76 205 AQMD 267,785.11                          72,300.00               2,008.27                3%‐                            ‐                          0% 269,793.38 210 PEG 35,714.17                            19,238.00               3,720.54            3,954.11                21% 14,630.00               4,566.70            10,063.30              69% 29,604.98 215 CDBG/GRANTS (407,984.19)                         4,120,150.00          ‐                      1,285.71                0% 4,918,281.00         0 618,038.88            13% (1,024,737.36) 220 COPS 523,785.60                          159,459.00             8,333.33            12,261.48              8% 71,168.00                ‐                      15,082.73              21% 520,964.35 225 ASSET SEIZURES (STATE) 294,397.72                           ‐                            ‐                      358.19                    0%‐                            ‐                          0% 294,755.91 230 ASSET SEIZURES (FEDERAL) 59,719.24                             ‐                            ‐                      404.27                    0%‐                            ‐                          0% 60,123.51 240 OTHER FUNDS 411,641.73                          52,839.00               601.05               21,974.23              42% 72,839.00               3,500.00            13,453.98              18% 420,161.98 250 CFD‐ADMIN 1,329,821.12                       1,802,415.00          ‐                      10,390.75              1% 1,802,415.00         15,000.08          45,000.24              2% 1,295,211.63 255 CFD‐MAINT SVCS 70,092.92                            3,950,426.00         490.29                    0% 4,851,993.00         35,280.60              1% 35,302.61 260 CFD‐PUBLIC SAFETY 197,521.59                          1,086,506.00         1,481.32                0% 1,086,506.00          ‐                          0% 199,002.91 500 GENERAL CAPITAL PROJECTS 39,645,622.32                    106,745,732.00     (84,634.50)        8,911,096.26         8% 109,578,732.00     1,868,837.78    4,263,481.15         4% 44,293,237.43 510 CFD CAPITAL PROJECTS 13,214,314.25                    1,058,869.00         99,101.42              0% 10,487,937.00       226,645.98            0% 13,086,769.69 550 DIF 6,728.22                               ‐                           50.46                      0%‐                            ‐                          0% 6,778.68 552 BASIC SERVICES DIF 1,797,292.69                       238,218.00             22,872.96          57,914.45              24% 698,664.00             42,404.26              0% 1,812,802.88 554 GENERAL PLAN DIF 231,129.48                          27,953.00               2,200.00            7,102.61                25%‐                            ‐                          0% 238,232.09 555 RECREATIONAL FACILITIES DIF 2,500,479.58                       391,556.00             35,691.48          84,688.53              22% 900,000.00              ‐                          0% 2,585,168.11 556 TRAFFIC IMPACT DIF 1,445,403.62                       174,068.00             13,432.76          35,499.15              20% 984,378.00              ‐                          0% 1,480,902.77 558 RAILROAD CROSSING DIF 2,969,807.09                       195,490.00             14,435.52          48,032.84              25% 773,561.00              ‐                      5,251.75                0% 3,012,588.18 559 POLICE FACILITIES DIF 1,874,579.00                       282,666.00             26,829.88          66,699.71              24% 1,515,854.00          ‐                      8,151.36                0% 1,933,127.35 560 FIRE STATION DIF 5,799,822.34                       354,691.00             11,298.88          84,697.35              24% 4,100,000.00          ‐                      158,295.39            0% 5,726,224.30 562 ROAD AND BRIDGE DIF 12,588,735.53                    1,388,471.00         122,298.88       331,539.30            24% 11,341,021.00        ‐                      (1,352.50)               0% 12,921,627.33 566 EMERGENCY PREPAREDNESS DIF 709,121.02                          344,446.00             32,103.72          71,093.64              21%‐                            ‐                          0% 780,214.66 567 COMMUNITY PARK DIF 2,981,755.80                       624,440.00             42,482.08          85,427.81              14% 914,828.00              ‐                          0% 3,067,183.61 568 REGIONAL PARK DIF 2,006,033.57                        ‐                           14,830.45              0% 1,871,479.00         5,924.00                0% 2,014,940.02 569 NEIGHBORHOOD PARK DIF 3,778,865.88                       756,574.00             51,410.24          104,594.09            14% 1,349,000.00          ‐                          0% 3,883,459.97 570 PASS THROUGH DIF ‐                                        ‐ TOTALS 141,625,316.35                  195,300,856.00     20,704,739.77      11% 233,190,269.00     25,984,581.59      11% 136,345,474.53 GOVERNMENTAL FUNDS

Beginning Fund
Balance
FY 2024
Estimated
Revenues
October
Activity
FYTD 2024 Actual
Revenues %
FY 2024
Budgeted
Expenditures
October Activity
FYTD 2024
Actual
Expenditures
%T/D Ending Fund
Balance
564 RECYCLED WATER DIF 5,342,225.08           442,851.00         34,612.16        178,156.28          40% 3,972,634.00      ‐                     2,873.75             0% 5,517,507.61 600 INTERNAL SERVICE FUND 8,513,966.30           1,814,483.00     335,822.90          19% 6,823,273.00     100,763.96       637,435.56         9% 8,212,353.64 700 WASTEWATER 8,325,386.05           13,422,801.00   50,281.07        2,300,675.30       17% 13,726,359.00   512,578.27       2,272,261.57     17% 8,353,799.78 705 WASTEWATER DIF 9,714,063.78           2,172,351.00     302,175.80      627,208.97          29% 9,435,221.00      ‐                      0% 10,341,272.75 710 WASTEWATER CAPITAL PRO 101,176,699.30       24,277,012.00   302,175.80      627,208.97          3% 24,548,883.00   24,390.82         46,337.01           0% 101,757,571.26 750 TRANSIT 147.61                      2,993,669.00     7,057.25          928,596.01          31% 2,993,669.00     247,143.20       835,498.34         28% 93,245.28 760 TRANSIT CAPITAL PROJECTS 2,063,852.50           14,151,692.00   (23,988.60)           0% 14,151,692.00   10,145.59         124,014.74         1% 1,915,849.16 TOTALS 135,136,340.62       59,274,859.00   696,302.08      4,973,679.83       8% 75,651,731.00   895,021.84       3,918,420.97     5% 136,191,599.48 PROPRIETARY/ENTERPRISE FUNDS