Agenda packet — Beaumont City Council, February 18, 2025 (part 8 of 13)

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.

5. Failure to pay value for Your Title.

6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.

This Exclusion does not limit the coverage described in Covered Risk 11 or 21.

7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws.

8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Covered Risk 16:

Covered Risk 18:

Covered Risk 19:

Covered Risk 21:

Your Deductible Amount

1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)

1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)

1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
2006 ALTA LOAN POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
Our Maximum Dollar
Limit of Liability
$ 10,000.00
$ 25,000.00
$ 25,000.00
$ 5,000.00
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE
{Except as provided in Schedule B - Part II,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:

Attachment One — CA (Rev. 05-06-16) Page 2
© California Land Title Association. All rights reserved.

The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association.

Page 990 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B {PART I
{The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the Public Records.}

PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER'S POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
{The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the Public Records. }

7. {Variable exceptions such as taxes, easements, CC&R's, etc. shown here.} Attachment One — CA (Rev. 05-06-16) Page 3
© California Land Title Association. All rights reserved.

Page 991 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY - ASSESSMENTS PRIORITY (04-02-15)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth -in -lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.

6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.

8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.

9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.

10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

Attachment One — CA (Rev. 05-06-16) Page 4
© California Land Title Association. All rights reserved.

Page 992 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon.

Order: 1909742
Doc: RV:A 424-1

Page 1 of 1 ends

Requested By: steve.derilo, Printed: 5/23/2022 11:06 AM

Page 993 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B

OWNER'S DECLARATION
The undersigned hereby declares as follows:

1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 01909742-919-EG1-EGL for full legal description (the "Land").
b. Declarant is the of ("Owner"),
which is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 01909742-919-EG1-EGL for full legal description (the "Land").

2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows:
. Owner, by the
undersigned Declarant, agrees to and does hereby indemnify and hold harmless Commonwealth Land Title Company against any and all claims arising therefrom.

3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land.

4. Except as shown in the above -referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records.

5. The Land is currently in use as occupy/occupies the
Land; and the following are all of the leases or other occupancy rights affecting the Land:

6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land.

7. There are no outstanding options to purchase or rights of first refusal affecting the Land.

8. There are no material violations of any current, enforceable covenant affecting the Property and the Undersigned has received no written notice from any third party claiming that there is a present violation of any current, enforceable covenant affecting the Property.

Owner's Declaration
MISC0220 (DSI Rev. 6/23/16)

Page 994 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B This declaration is made with the intention that Commonwealth Land Title Company and Commonwealth Land Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements.

Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at Signature: Signature:

Owner's Declaration
MISC0220 (DSI Rev. 6/23/16)

Page 995 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Exhibit D
Depiction of Fourth Street Gate
51157694.1/203513.0124

Page 996 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B

Page 997 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B

EXHIBIT E
Depiction of the Present Natural Condition of the Easement Area 51157694.1/203513.0124

Page 998 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B N.A.P.

SCALE: 1"= 250'
Last Update: 2/3/25
0:\3000-3099\3080\ESMT\Mitigation \3080—Conservation—O.dwg 60' WIDE EASEMENT FOR

PIPE LINES GRANTED TO
SO. PACIFIC PIPE LINES, INC.

REC. 06/16/1955 IN
BK. 1752, PG. 442, O.R.
(LOCATED BY FIELD SURVEY)
- 4th STREET - -
LEGEND.

INDICATES

CONSERVA
CONTAINS:

INDICATES
r
J
r I
"COOPER'S CREEK"
TION EASEMENT AREA.
477,069 SQ. FT

10.95 ACRES ±

PROPERTY LINE

Page 999 of 1 ends

/SAY
F
50' WIDE EASEMENT TO

METROPOLITAN WATER

DISTRICT, RECORDED
OCTOBER 11, 1930 IN
BK. 144, PG. 80, O.R.

N.A.P.

EXISTING BRIDGE

CONSERVATION EASEMENT AREA
"COOPER'S CREEK"
O Thienes Engineering, Inc.
/E CIVIL ENGINEERING • LAND SURVEYING
14349 FIRESTONE BOULEVARD
O LA MIRADA, CALIFORNIA 90638
PH.(714)521-4811 FAX(714)521-4173
DATE. FEBRUARY 03, 2025
J.N. 3080i
SHEET 1 OF 1

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Exhibit F
Form of Estoppel Certificate
Beaumont Crossroads Logistics II Park Association, a California non-profit mutual benefit corporation ("BCL"), City Development Partners, LLLP, a Delaware limited liability partnership ("City") (collectively, "Grantors"), and Rivers & Land Conservancy, a California non-profit corporation ("Grantee") entered into a Conservation Easement dated , 2024, and recorded in the Official Records of Riverside County as Document No. on , 2024
("Conservation Easement"). Pursuant to Section 16 of the Conservation Easement, either Grantor or Grantee can request that the other party issue this Estoppel Certificate with respect to the Conservation Easement.
[Grantor/Grantee] has requested that [Grantor/Grantee] deliver this Estoppel Certificate in favor of:
("Recipie
nt").

The undersigned hereby certifies as follows:

1. As of the date of this Certificate, the Conservation Easement is in full force and effect, has not been terminated or modified, and is enforceable in accordance with its terms. As of the date of this Certificate, there exist no defaults under the Conservation Easement, and no event which with the passage of time or the giving of notice or both would constitute a default under the Conservation Easement.

2. Both parties are in compliance with the Conservation Easement, and no monies are due by either party to the other thereunder.

3. [Grantor/Grantee] makes this Certificate to the best of its actual present knowledge, without duty of inquiry or the imposition of constructive knowledge, and understands that it will be relied upon by Recipient.
{GRANTOR/GRANTEE] :

By:

Dated:

Its:
51157694.1/203513.0124

Page 1000 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B

EXHIBIT B

DRAFT ENDOWMENT MANAGEMENT AGREEMENT
[See Attached]
1 BN 86947131v3

Page 1001 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Endowment Management Agreement
By and Between
Beaumont Crossroads Logistics II Park Association
and City of Beaumont
and
The Rivers & Lands Conservancy
This Endowment Management Agreement ("Agreement") is entered into by and between BEAUMONT CROSSROADS LOGISTICS II PARK ASSOCIATION, a California non-profit mutual benefit corporation ("BCL") and the CITY OF BEAUMONT, a general law city ("City", and collectively with BCL, "Grantor"), and the Rivers & Lands Conservancy, a California non- profit public benefit corporation ("RLC" or "Endowment Holder") (together, the "Parties," and individually a "Party"), for the creation and management of a Mitigation Endowment Fund as of the "Effective Date" as hereinafter defined.

WHEREAS, this Agreement is necessitated, in part, by the terms and conditions required in the following federal and state agency permits, collectively referred to as the "Agency Permits":

1. United States Army Corps of Engineers' ("ACOE") Section 404 Permit No. SPL- 2013-00802-JEM (the "Section 404 Permit");

2. Santa Ana Regional Water Quality Control Board ("SARWQCB") Clean Water Act Section 401 Permit No. 322013-18 (the "401 Permit");

3. California Department of Fish and Wildlife ("Department") Section 1603 Streambed Alteration Agreement No. 1600-2012-0136-R6 (the "Section 1603 SAA"),

4. the Conceptual Habitat Mitigation and Monitoring Plan for Impacts to Areas within the Jurisdiction of the United States Army Corps of Engineers, dated September 1, 2016, prepared by Glenn Lukos Associates ("HMMP"), and

5. the Long Term Management Plan for Hidden Canyon, dated May 31, 2016, and prepared by Glenn Lukos Associates ("LTMP").

WHEREAS, to satisfy requirements of the Agency Permits, Grantor will grant, concurrent with the execution of this Agreement, to RLC a perpetual conservation easement ("Conservation Easement") over certain real property consisting of approximately 19.97 acres in the County of Riverside, State of California, which is legally described on Exhibit "C" and depicted on Exhibit "D" attached hereto and incorporated by this reference (the "Property"), and which is found on portions of Assessor Parcel Numbers 424-010-007, 424-010-015 and 424-010-018 to provide mitigation for impacts of the Beaumont Logistics II Park Project (the "Project"); WHEREAS, the Conservation Easement obligates RLC to certain activities to ensure compliance with the Conservation Easement (the "Compliance Monitoring"); Endowment Agreement Template (ACOE)
51157782.1/203513.0124

Page 1002 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B WHEREAS, the Agency Permits require Grantor to establish a long-term financing or funding mechanism to provide ongoing payment for Compliance Monitoring; WHEREAS, RLC prepared a PAR (i.e. a property analysis record) (each an "Endowment Assessment") to calculate the amount of money (each an "Endowment Amount") necessary to provide a source of perpetual funding for the Compliance Monitoring. The Endowment Assessment dated November 6, 2024, is attached as Exhibit "E" and incorporated herein by reference;
WHEREAS, concurrently with the execution of this Agreement, Grantor shall pay the Endowment Amount to RLC, to be managed and administered in accordance with this Agreement; and
NOW, THEREFORE, in consideration of the mutual promises made herein, and for other and further consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

I. PURPOSES

1. The purpose of this Agreement is to establish a non -wasting endowment account, which will include a Principal Portion and a Distributable Portion, for the Compliance Endowment (the "Endowment Fund") for the Property with Endowment Holder into which funds equivalent to each Endowment Amount shall be deposited and to set forth the Parties' respective responsibilities with respect to each Endowment Amount to be held in the Endowment Fund.

2. The Endowment Fund shall be governed by the underlying laws, regulations, and specific government approvals under those laws and regulations for which the Endowment Fund was required, consistent with subdivision (b) of the California Government Code section 65966, with the Uniform Prudent Management of Institutional Funds Act (Cal. Probate Code, section 18501, et seq.) ("UPMIFA"). To the extent the funds are subject to UPMIFA, this Agreement shall be considered the "gift instrument" for the purposes of UPMIFA. This Agreement and Conservation Easement, collectively, shall be deemed in all respects to set forth the Parties' intent as to the uses, benefits, purposes, and duration of the Endowment Fund.

3. As described more fully herein, the Endowment Holder for the Compliance Endowment will be responsible to ensure that monies deposited the Endowment Fund are held as a charitable trust and are invested and managed in accordance with the Conservation Easement, and to the extent it is not inconsistent with the Conservation Easement, this Agreement to achieve the objectives set forth in the Conservation Easement. The Endowment Fund will be managed as a long-term investment intended to exist indefinitely and permanently restricted to paying the costs of Compliance Monitoring, and such Endowment Fund will be invested accordingly in a diversified investment portfolio in accordance with the endowment investment policy attached to this Agreement as Exhibit "F", and incorporated herein by reference, which may be amended from time -to -time by Endowment Holder.

Endowment Agreement Template (ACOE)
51157782.1/203513.0124
II. DEFINITIONS
2

Page 1003 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B

1. "Endowment Holder" shall mean RLC.

2. "Principal Portion" shall mean the original Endowment Amount for the Compliance Endowment, plus additional amounts designated to be added to such original principal amount, pursuant to this Agreement.

3. "Distributable Portion" shall mean the earnings and revenue generated from the investment of the Principal Portion of the Endowment Fund, as contemplated by this Agreement.

4. "ACOE" shall mean the U.S. Army Corps of Engineers.

5. "Agreement" shall mean this Endowment Management Agreement entered into between Grantor and RLC, which includes the mitigation agreement pursuant to California Government Code 65965(f)(1), establishing the terms and conditions pursuant to which the Endowment Holder will accept custody of, and manage the Endowment Amounts in the Endowment Funds, and disperse funds.

6. "Compliance Endowment" shall mean the original corpus amount of Six Hundred Seventeen Thousand Three Hundred Eighty -Nine Dollars ($617,389.00), that has been identified by the applicable Endowment Assessment, as the funds required for the Compliance Monitoring.

7. "Effective Date" shall mean the date of the signature of the second Party to sign this Agreement.

8. "Endowment Fund" is a sum of money in a long-term stewardship account, held in trust in a fund designated by Endowment Holder for the Compliance Endowment. The Endowment Fund is to be maintained and managed in perpetuity in strict accordance with Government Code sections 65965-69568, Probate Code sections 18501-18510, and this Agreement to generate earnings and appreciation in value for use in funding Compliance Monitoring. The Endowment Fund shall comprise the Endowment Amount for the Compliance Endowment, and all interest, dividends, gains, other earnings, additions and appreciation thereon, as well as any additions thereto.

9. "Endowment Amount" shall mean the Compliance Endowment.

10. "Endowment Deposit" is the deposit required to be made by the Grantor to the Endowment Holder to fund the Endowment Fund. Endowment Deposits received by the Endowment Holder shall be deposited into the applicable Endowment Fund.

11. "Compliance Monitoring" shall mean those activities which RLC as Grantee under the Conservation Easement and Endowment Holder of the Endowment Fund has agreed to undertake.

12. "Party" and "Parties" shall mean respectively Grantor and RLC, individually, and Grantor and RLC, together.

13. "Reporting Period" shall mean from January 1 of each calendar year to December 31 of each calendar year, unless this Agreement is terminated, in which case the final Reporting Period shall be thirty (30) days prior to the date of termination of this Agreement. 3 Endowment Agreement Template (ACOE)
51157782.1/203513.0124

Page 1004 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B III. ENDOWMENT ACCOUNT ESTABLISHMENT, INVESTMENT, AND

ADMINISTRATION

1. RLC agrees to establish an Endowment Fund for the Compliance Endowment in accordance with this Agreement into which the applicable Endowment Amount shall be deposited.

2. Concurrently with the recordation of the Conservation Easement, Grantor shall pay to Endowment Holder the Compliance Endowment. RLC shall, as soon as practicable after receipt of the Endowment Amount from Grantor, deposit the funds into the Endowment Fund. Such original amount shall be considered the Principal Portion of the Compliance Endowment.

3. Concurrently with the recordation of the Conservation Easement, Grantor shall also pay to RLC the sum of One Hundred Twenty -Two Thousand Four Hundred Forty -Six Dollars ($122,446.00) ("Compliance Monitoring Initial Financial Requirement"), which Compliance Monitoring Initial Financial Requirement is for the purpose of reimbursing RLC for its costs and expenses incurred in connection with its acceptance of the Compliance Endowment, and for fulfilling certain of RLC's obligations specified in the Conservation Easement for up to the first three (3) years following the date of this Agreement and the Conservation Easement. No other monetary amounts are payable to RLC in connection with its acceptance of the Conservation Easement, other than the Compliance Endowment and Compliance Monitoring Initial Financial Requirement.

4. Endowment Holder shall invest the monies in each Endowment Fund consistent with this Agreement, including but not limited to this Article III and Article I.3 of this Agreement and applicable State and Federal laws. The Endowment Fund shall be held in trust, managed, invested, and disbursed solely for, and permanently restricted to, pay the costs of Compliance Monitoring on the Property, in accordance with the Conservation Easement. Day-to-day investment decisions will be made by RLC based upon advice with a professional investment advisor or financial institution with which RLC has established or will establish an investment advisory relationship.

RLC may rely on the advice of any such adviser, and may delegate day-to-day investment decision - making authority, consistent with applicable State and Federal law, to such adviser with respect to the management of each Endowment Fund.

5. For investment purposes only, RLC may pool any or all of the assets of each Endowment Fund with other funds held or managed by RLC that are subject to similar investment purposes and restrictions. The intent of such actions is to allow RLC to pool funds subject to the same investment purposes and restrictions for collective management, such that all participating funds may benefit from efficiencies of scale. Any funds from the Endowment Fund pooled in this manner shall at all times remain subject to applicable State law, consistent with UPMIFA or any applicable successor to such law.

6. Notwithstanding Probate Code sections 18501-18510, the Parties intend that the Principal Portion of each Endowment Fund should not decrease in value through expenditure or investment strategy recognizing, however, that the Parties are not responsible for investment fluctuations. In this regard, the Principal Portion is intended to increase in value to keep up with inflation. 4 Endowment Agreement Template (ACOE)
51157782.1/203513.0124

Page 1005 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B The Distributable Portion of the Endowment Fund shall be used by Endowment Holder for the costs and expenses of Compliance Monitoring ("Base Expenses"). Endowment Holder may set aside a portion (no more than 75 percent) of the Distributable Portion that is not required in any given year to fund Base Expenses that are anticipated by Endowment Holder for future years ("Surplus Expenses"); provided, however, that in any year, or series of years, in which the Distributable Portion does not meet or exceed the Base Expenses, no funds shall be set aside for Surplus Expenses.

To the extent any portion of the Distributable Portion remains in any given year, after paying all Base Expenses and providing for Surplus Expenses, such remaining amount of the Distributable Portion shall be added to the Principal Portion of the Compliance Endowment to provide for growth of the Principal Portion commensurate with inflation using the annual Consumer Price Index (CPI) data that is published every February by the California Department of Industrial Relations, Division of Labor Statistics and Research, for all urban consumers. Such amount as is added to Principal Portion shall not later be available for distribution.

7. Grantor acknowledges that RLC's Board of Directors has established an hourly billing rate for RLC's staff, which rate is subject to adjustment from time -to -time by the Board; such hourly billing rate is used by RLC to calculate the amount to be paid to RLC from the Distributable Portion, for fulfilling its Compliance Monitoring in the Conservation Easement.

8. RLC hereby certifies to ACOE it meets all of the requirements of California Government Code section 65968(e), as set forth on Exhibit "G."

9. Distributions from the Endowment Fund may be made from the Distributable Portion of the Endowment Fund as is prudent under the standard established by Section 18504 of UPMIFA.

Distributions shall be made by Endowment Holder as contemplated by Article III.6 above.

10. The Endowment Holder shall not make any disbursement of funds from the Endowment Fund for Compliance Monitoring expenses for the first three years following the date of this Agreement.

11. In the event a court of competent jurisdiction determines there has been a violation of any term of the Conservation Easement by either Party, funds from the Compliance Endowment cannot be used to pay damages awarded as part of the judgement and cannot be used to restore the Property to the condition in which it existed prior to the violation.

IV. RECORDS, REPORTING PROCEDURES AND AUDIT

1. Endowment Holder shall submit to Grantor and ACOE an annual funding report ("Annual Funding Report") for each calendar year this Agreement is in effect. Each Annual Funding Report shall be submitted by Endowment Holder between January 1 and March 31 of each calendar year, or at least thirty (30) days prior to the effective date of termination of this Agreement as provided by Article VII.
5 Endowment Agreement Template (ACOE)
51157782.1/203513.0124

Page 1006 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B

2. Pursuant to California Government Code Section 65966(e), the Annual Funding Report shall describe in reasonable detail and shall include at a minimum the following information:
(a) The balance of the Endowment Fund at the beginning of the Reporting Period; (b) The amount of the Endowment Fund balance reinvested by Endowment Holder into the Endowment Fund to provide for growth of the Endowment Fun commensurate with inflation (CPI calculation shall be provided);
(c) The net amounts of investment earnings, gains, and losses during the Reporting Period including both realized and unrealized amounts;
(d) The administrative expenses charged to the Endowment Fund from internal or third -party sources during the Reporting Period;
(e) Detail all expenses incurred by or on behalf of Endowment Holder for Compliance Monitoring performed during the Reporting Period;
(f)
(g)
The balance of the Endowment Fund at the end of the Reporting Period; The specific asset allocation percentages including, but not limited to, cash, fixed income, equities, and alternative investments; and
(h) The most recent financial statements for the Endowment Holder audited by an independent auditor who is, at a minimum, a certified public accountant.

3. Endowment Holder agrees that in preparing the Annual Funding Report and in maintaining its own records relevant to the Endowment Fund, that it shall use accounting standards promulgated by the Financial Accounting Standards Board or any other successor entity.

4. Endowment Holder agrees that Grantor and ACOE shall have the right to review and to copy any records and supporting documentation pertaining to the Endowment Fund. Endowment Holder agrees to maintain such records for possible audit by Grantor or ACOE for a minimum of three (3) years following the relevant calendar year, unless a longer period of records retention is stipulated. Endowment Holder agrees to allow the Grantor or ACOE or their designated representative access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.

V. LIMITATIONS ON ENDOWMENT HOLDER'S LIABILITY
RLC shall not be liable to Grantor or other persons for losses arising from investments pursuant to this Agreement. RLC shall maintain reasonable and customary supervision and employment policies for its employees, but shall be liable for the acts of its employees only to the extent of a breach of the RLC's obligations under this Agreement by such employees when they are acting within the course and scope of their employment. RLC shall have no obligation to expend any monies satisfying its obligations under the Conservation Easement, other than the Compliance Monitoring Initial Financial Requirement and Distributable Portion of the Endowment Fund for the Compliance Endowment.
6 Endowment Agreement Template (ACOE)
51157782.1/203513.0124

Page 1007 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B VI. FIDUCIARY OBLIGATIONS OF ENDOWMENT HOLDER

1. Endowment Holder shall make no disbursement of funds in the Endowment Fund or have any other obligations with respect to the Endowment Fund except in strict accordance with the provisions of this Agreement.

2. In carrying out its obligations under this Agreement, Endowment Holder shall apply the following principles of fiduciary duties without exception:
(a) There shall be no commingling of the Endowment Fund with other funds. Funds may be pooled for investment management purposes only in accordance with Article III.5 of this Agreement;
(b) Endowment Holder shall have a duty of loyalty to the Property with respect to each Endowment Fund and shall not use, pledge, impair, or borrow against funds in the Endowment Fund;
(c) Endowment Holder shall act as a prudent investor of the Endowment Fund using sound investment practices for long-term investment, subject to the Uniform Prudent Investor Act and UPMIFA (California Probate Code sections 16045-16054 and 18501-18510, respectively); (d) Endowment Holder shall not delegate the responsibility for managing the funds to a third party, but may delegate authority to invest the funds with Endowment Holder's oversight; and
(e) Endowment Holder shall act with prudence when delegating authority and in the selection of agents.

VII. TERM AND TERMINATION OF AGREEMENT

1. Term. This Agreement shall be effective from the Effective Date until termination, as hereinafter provided.

2. Termination. Endowment Holder may, with or without cause, terminate this Agreement by providing at least one hundred eighty (180) days prior written notice to Grantor or its successor, and ACOE. Regardless of the date that notice of termination is provided and the passage of the intervening one hundred eighty (180) day notice period, termination is not effective unless and until the Endowment Holder has transferred in an orderly fashion the custody, control or other power necessary for the investment, management, and administration of all monies in the Endowment Funds together with the transfer of the Conservation Easement to an entity identified by Endowment Holder and approved in writing by Grantor and the ACOE. Within ninety (90) days following delivery of the monies in the Endowment Funds to an approved successor, Endowment Holder shall provide to Grantor with a copy to the ACOE, a final accounting showing the deposits (including interest accrued thereon) and disbursements of all sums received pursuant to this Agreement during the Reporting Period, together with such other documents that the ACOE may reasonably request. Upon delivery of the monies in the Endowment Funds to successor endowment 7 Endowment Agreement Template (ACOE)
51157782.1/203513.0124

Page 1008 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B holder and final accounting specified above, Endowment Holder's obligations under this Agreement shall cease and terminate.

VIII. CONTACT INFORMATION/COMMUNICATIONS

1. All approvals, notices, reports and other communications required or permitted under this Agreement shall be in writing and delivered by certified mail or overnight carrier that provides evidence of delivery. Each Party agrees to notify the other promptly after any change in named representative, address, telephone, or other contact information. Notice shall be deemed effective upon receipt or rejection only.

2. The individuals named below shall be the representatives of Grantor and the RLC, respectively, for purposes of this Agreement:

If to Grantor:

Beaumont Crossroads Logistics II
Park Association
c/o Affinius Capital
9830 Colonnade Blvd, Suite 600
San Antonio, TX 78230
With a cosy to:

The City of Beaumont
c/o City Manager
550 East Sixth Street
Beaumont, CA 92223
Beaumont Crossroads Logistics II
Park Association
c/o McDonald Property Group
1140 N. Coast Highway
Laguna Beach, California 92651
With a copy in all instances to:

United States Army Corps of Engineers,
Los Angeles District
915 Wilshire Blvd., Suite 1105
Los Angeles, CA 90017
Attn: Chief, Regulatory Division
If to RLC:

Executive Director
Rivers & Lands Conservancy
6876 Indiana Avenue, Suite J-2
Riverside, CA 92506
8 Endowment Agreement Template (ACOE)
51157782.1/203513.0124

Page 1009 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B IX. MISCELLANEOUS PROVISIONS

1. No Assignment. Neither Party may assign this Agreement, in whole or in part, to any individual or other legal entity without the prior written approval of the other Party and the prior written consent of the ACOE, which consent may be withheld.

2. Amendments. This Agreement may be amended only in writing agreed to and signed by both Parties and with the prior written consent of the ACOE in accordance with Article IX.8.

3. Severability. If any provision of this Agreement is held to be unlawful or invalid by any court of law with duly established jurisdiction over this Agreement, the Parties intend that the remainder of this Agreement shall remain in full force and effect notwithstanding the severance of the unlawful or invalid provision(s).

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

5. Dispute Resolution. The Parties will cooperate in good faith to achieve the objectives of this Agreement and to avoid disputes. The Parties will use good faith efforts to resolve disputes at the lowest organizational level and, if a dispute cannot be so resolved, the Parties will then elevate the dispute to the appropriate officials within their respective organizations.

6. Attorneys' Fees. In any action to enforce the terms of this Agreement, the Prevailing Party shall be entitled to recover from the non -prevailing party all reasonable attorneys' fees and costs. "Prevailing Party" shall include without limitation a party who dismisses an action in exchange for sums allegedly due; the party who receives performance from the other party for an alleged breach of contract or a desired remedy where the performance is substantially equal to the relief sought in an action; or the party determined to be the prevailing party by a court of law. Not applicable to the third -party beneficiaries of this Agreement.

7. Independent Capacity. Each of the Parties is acting in its independent capacity in entering into and carrying out this Agreement and not as an agent, employee, or representative of the other Party.

8. Third -Party Rights. This Agreement confers rights and remedies upon the ACOE, as a third -party beneficiary, insofar as this Agreement is intended to carry out the requirements and obligations set forth in the Agency Permits, the Conservation Easement, and the LTMP. No person, other than the Parties or said named third -party beneficiary, has any rights or remedies under this Agreement. The Parties may not amend or terminate this Agreement without the prior written consent of ALOE.

9. Warrant of Authority. Each party to this Agreement warrants to the other that its respective signatory has fully right and authority to enter into and consummate this Agreement and the transactions contemplated hereby.
9 Endowment Agreement Template (ACOE)
51157782.1/203513.0124

Page 1010 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B

10. Exhibits. All Exhibits referred to in this Agreement are attached and incorporated herein by reference.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
10 Endowment Agreement Template (ACOE)
51157782.1/203513.0124

Page 1011 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective authorized representatives, intending to be bound legally. "GRANTOR"
Beaumont Crossroads Logistics II Park Association,
a California non-profit mutual benefit corporation
By:

Bruce McDonald, President
Date:
and
THE CITY OF BEAUMONT, a general law city
By:

Name:

Its:

Date:
«RLC"

RIVERS & LANDS CONSERVANCY,
a California non-profit corporation
By:

Name:

Its:

Date:
11 Endowment Agreement Template (ACOE)
51157782.1/203513.0124

Page 1012 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B EXHIBIT "A"
SECTION 404 PERMIT
EXHIBIT "A"
51157782.1/203513.0124

Page 1013 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B

DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS
1451 RESEARCH PARK DRIVE, SUITE 100
RIVERSIDE, CALIFORNIA 92507-2154
,lone 30, 2014
Paul Galvin
Harmsworth Association
29 Vacaville
Irvine, California 92602

DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION
Dear Mr. Galvin:

I am responding to your request (SPL-2013-00802-JEM), on behalf of Exser LLC, for a Department of the Army permit for their proposed project, Hidden Canyon Industrial Park (HCIP). The proposed HCIP project site is located on approximately 198 acres, south of the City of Beaumont, south of State Route 60 and east of Jack Rabbit Trail, in Riverside County, California. The HCIP proposes to develop two large commercial and light industrial properties, and associated roads and infrastructure, including detention basins and open space areas. Onsite water features include Cooper's Creek, a perennial tributary of San Timoteo Wash, and five unnamed ephemeral drainages. Jurisdictional waters of the U.S. within the HCIP project site total approximately 0.692 acre (5,114 linear feet), ranging from 1 to 27 feet in width, of which approximately 0.25 acre consists of wetland waters. Proposed impacts within jurisdiction would be a permanent discharge of fill material into 0.195 acre (0.157 acre other waters; O.038 acre wetland waters) and a temporary discharge of fill material into 0.012 acre (0.009 acre other waters; 0.003 acre wetland waters).

Because this project would result in a discharge of dredged and/or fill material into waters of the United States a Department of the Army permit is required pursuant to Section 404 of the Clean Water Act (33 USC 1344; 33 CFR parts 323 and 330).

I have determined construction of the HCIP, if constructed as described in the application, would comply with Nationwide Permit (NWP) NWP 39 Commercial and Institutional Developments. Although NWP 39 has a 300 linear foot limit, for this action the linear limit has been waived_ Specifically, the Permittee is authorized to:

1. Discharge permanent fill material into 0.195 acre of waters of the U.S. (0.157 acre other waters; 0.038 acre wetland waters) and discharge temporary fill material into 0.012 acre waters of the U.S. (0.009 acre other waters; 0.003 acre wetland waters) For this NWP verification letter to be valid, the Permittee must comply with ail of the terms and conditions in Enclosure 1. Furthermore, the Permittee must comply with the non - discretionary Special Conditions listed below:

1. The Permittee has proposed to mitigate for impacts to waters of the U. S. though the onsite establishment of riparian habitat (adjacent to Cooper's Creek) at two locations totaling

Page 1014 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B 2 approximately 3.5 acres. Additionally, impacts to wetland waters of the U.S. are proposed to be mitigated by the restorationlenhancement of approximately 0.1 acre wetland waters at the three locations where the existing bridges are to be removed at Cooper's Creek. Prior to initiating construction in waters of the U.S., the Permittee shall submit to the Corps a final mitigation plan prepared in accordance with the Corps' Los Angeles District Mitigation Guidelines and Monitoring Requirements, dated April 19, 2004 and the Mitigation Rule (33 C.F.R. Part 332; 73 FR 19670-19687 (April 10, 2008)). The final mitigation plan shall detail the proposed mitigation (including planting, monitoring, success criteria. site preservation in perpetuity, and financial assurance for successful mitigation installation and site management in perpetuity). No work in waters of the U.S. is authorized until the Permittee receives, in writing (by letter or e-mail), Corps approval of the final mitigation plan.

The Permittee shall complete site preparation and planting and initiate monitoring as described in the final, approved mitigation plan within 120 days of discharging any fill material in waters of the U.S. Your responsibility to complete the required compensatory mitigation as set forth in this Special Condition will not be considered fulfilled until you have demonstrated compensatory mitigation project success and have received written verification of that success from the U.S. Army Corps of Engineers. MONITORING: You shall submit monitoring reports for all compensatory mitigation sites as described in the final, approved mitigation plan by October 1 of each year following the construction of mitigation. To assure compensatory mitigation success, you shall monitor the mitigation area(s) for at least five (5) consecutive growing seasons after construction or until the Corps determines the fina performance standards are met (monitoring shall be for a minimum of 5 years unless the Corps agrees earlier that success has been reached and maintained for a sufficient time period, or, if success is not demonstrated to the Corps satisfaction after the 5th year of monitoring, additional monitoring may be required by the Corps as determined at that time). The monitoring period shall commence upon completion of the construction of the mitigation site(s). Additionally, you shall demonstrate continued success of the compensatory mitigation site(s), without human intervention, for at least two consecutive years during which interim and/or final performance standards are met. The compensatory mitigation project will not be deemed successful until this criterion has been met. GIS DATA: Within 60 days following permit issuance for Standard Individual Permits or within 60 days following written Corps approval of the mitigation plan for General Permits, you shall provide to this office GIS data (polygons only) depicting the boundaries of all compensatory mitigation sites, as authorized in the final mitigation plan referenced above.

All GIS data and associated metadata shall be provided on a digital medium (CD or DVD) or via file transfer protocol (FTP), preferably using the Environmental Systems Research Institute (ESRI) shapefile format. GIS data for mitigation sites shall conform to the Mitigation SPD.xlsx data table, as specified in the Final Map and Drawing Standards for the South Pacific Division Regulatory Program dated August 6, 2012 (http:llwww spd.usace.army.millPortals/13ldocs/regulatory/standards/map.pdf), and shall

Page 1015 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B 3 include a text file of metadata, including datum, projection, and mapper contact information.

Within 60 days following completion of compensatory mitigation construction activities, if any deviations have occurred, you shall submit as -built GIS data (polygons only) accompanied by a narrative description listing and explaining each deviation. 3 The Permittee shall record a Conservation Easement (CE) in a form approved by the Corps Regulatory Division, which shall run with the land, obligating the Permittee. its successors and assigns to protect and maintain the referenced final approved mitigation area(s) as natural open space in perpetuity. The CE must include a 3rd party easement holder qualified to hold easements pursuant to California Civil Code 8I5.3 and Government Code section 65965. The Permittee must provide monies in the form of an endowment (endowment amount to be determined by Property Analysis Record or similar methodology) for the purposes of fulfilling the 3rd party easement holder's responsibilities under the CE. The CE shall preclude establishment of fuel modification zones, paved public trails, drainage facilities, walls, maintenance access roads and/or future easements, except as provided in the Project Description (described herein). Further, to the extent practicable, any such facilities outside the CE shall be sited to minimize indirect impacts on the avoided, created, restored and enhanced wetland and non -wetland waters of the U.S. Prior to its execution and within nine months of issuance of this permit, the Permittee shall submit a draft CE to the Corps Regulatory Division for review The Permittee shall receive written approval (by lemer or e-mail) from the Corps Regulatory Division of this CE prior to it being executed and recorded. No later than 30 calendar days after receiving Corps Regulatory Division approval of the final draft CE, the CE shall be executed and recorded and a recorded copy furnished to the Corps Regulatory Division. GIS DATA: Within 60 days following recordation, you shall provide to this office GIS data (polygons only) depicting the CE boundaries, as authorized by the Corps. All GIS data and associated metadata shall be provided on a digital medium (CD or DVD) or via file transfer protocol (FTP), preferably using the Environmental Systems Research Institute (ESRI) shapefile format. GIS data for CE sites s fall conform to the Mitigation_SPD.xlsx data table, as specified in the Final Map and Drawing Standards for the South Pacific Division Regulatory Program dated August 6, 2012 (http:/Iwww spd.usace.army.millPortals/131doesiregulatorylstandards/map.pdf), and shall include a text file of metadata, including datum, projection. and mapper contact information.

Cultural Resources:

I. Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the Pemiittee shall notify the Corps' Archeology Staff within 24 hours (Steve Dibble at 213-452-3849 or John Killeen at 213-452-3861). The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered. The Permittee shall not resume construction in the area

Page 1016 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B -4
surrounding the potential cultural resources until the Corps Regulatory Division re -authorizes project construction, per 36 C.F.R. section 800.13.

This verification is valid through March 18, 2017. If on March 18, 2017 you have commenced or are under contract to commence the permitted activity you will have an additional twelve (12) months to complete the activity under the present NWP terms and conditions.

However, ifI discover noncompliance or unauthorized activities associated with the permitted activity 1 may request the use of discretionary authority in accordance with procedures in 33 CFR § 330.4(e) and 33 CFR § 330.5(c) or (d) to modify, suspend, or revoke this specific verification at an earlier date. Additionally, at the national level the Chief of Engineers. any time prior to March 18, 2017, may chose to modify, suspend, or revoke the nationwide use of a NWP after following procedures set forth in 33 CFR § 330.5. It is incumbent upon you to comply with all of the terms and conditions of this NWP verification and to remain informed of any change to the NWPs.

A NWP does not grant any property rights or exclusive privileges. Additionally, it does not authorize any injury to the property, rights of others, nor does it authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, state. or local authorizations required by law.

Thank you for participating in the regulatory program. If you have any questions, contact me at (951) 276-6624 x263 or via e-mail at [email protected]. Please help me to evaluate and improve the regulatory experience for others by completing the customer survey form at http://corpsrnapu.usace.army.mil/cm_apex/f?p=regulatory survey.

Sincerely,
James E. Mace
Senior Project Manager
South Coast Branch
Regulatory Division
Enclosures

Page 1017 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B

LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS

CERTIFICATE OF COMPLIANCE WITH

DEPARTMENT OF THE ARMY NATIONWIDE PERMIT
Permit Number: SPL-2013-00802 JEM
Name of Permittee: Exser LLC; David Golkar
Date of Issuance: June 30, 2014
Upon completion of the activity authorized by this permit and the mitigation required by this permit, sign this certificate, and return it by ONE of the following methods; 1) Email a digital scan of the signed certificate to [email protected] OR
2) Mail the signed certificate to
U.S. Arrny Corps of Engineers
ATTN: Regulatory Division SPL-2013-00802
1451 RESEARCH PARK DRIVE, SUITE 100
RIVERSIDE. CALIFORNIA 92507-2154
I hereby certify that the authorized work and any required compensatory mitigation has been completed in accordance with the NWP authorization, including all general, regional, or activity - specific conditions. Furthermore, if credits from a mitigation bank or in -lieu fee program were used to satisfy compensatory mitigation requirements I have attached the documentation required by 33 CFR 332.3(1)(3) to confirm that the appropriate number and resource type of credits have been secured.

Signature of Permittee Date

Page 1018 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B EXHIBIT "B"
[OTHER AGENCY PERMITS]
EXHIBIT "B"
51157782.1/203513.0124

Page 1019 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B •4 00

CALIEODNIA
Water Boards
EDMUND G. BROWN JR.

GOVERNOR
MATTHEW RODRIOU4

SECRETARY FOR

ENVIRONMENTAL PROTECTION
Santa Ana Regional Water Quality Control Board
May 29, 2014
David Golkar
Exser LLC.
10551 Wilshire Boulevard
Los Angeles, CA
CLEAN WATER ACT .SECTION 401 WATER QUALITY STANDARDS

CERTIFICATION FOR THE HIDDEN CANYON INDUSTRIAL PARK

PROJECT, CITY OF BEAUMONT, RIVERSIDE, CALIFORNIA (ACOE
- REFERENCE NO. NOT AVAILABLE) (SARWQCB PROJECT NO.
322013-18)
Dear Mr. Golkar:

On November 4, 2013, Regional Board staff received an application from your consultant for a Clean Water Act Section 401 Water Quality Standards Certification (401 Certification) for the Hidden Canyon Industrial Park project, that is to be located in the City of Beaumont. Included with the application were the following:
• A copy of an application for a California Department of Fish and Wildlife (CDFW) Lake or Streambed Alteration Agreement for the project; • $9441 intended as the base fee required for consideration of a 401 Certification, as specified by of California Code of Regulations (CCR), Title 23, Division 3, Chapter 9, Article 1, section 2200 (a)(3) and summarized on the State Water Resources Control Board's (SWRCB) Dredge and Fill Fee Calculator; • A copy of the Hidden Canyon Industrial Park Specific Plan Addendum to the California Environmental Quality Act (CEQA) Environmental Impact Report (EIR) for the Beaumont Gateway Specific Plan. With the EIR addendum was a copy of the posted Notice of Determination;
• A copy of a letter from the City of Beaumont stating that the CEQA addendum for the project was certified by the city council in March of 2012; • A copy of a Nationwide Permit Pre -Construction (PCN) Form completed for the project and submitted to the U.S. Army Corps of Engineers (USACE); and, 1 The base fee for dredge and fill projects was raised to $1,097, effective October 14, 2013.

WILLIAM RUH, VICE -CHAIR I KURT V. BERCHTOLG, EXECUTIVE OFFICER 3737 Main St., Sutte 500, Riverside, CA 92501 Iwvo.v.waterboards.ca.govisantaana Pagq 1020 of 1627

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B David Golkar
Hidden Canyon Industrial Park
401 Certification 332013-18
2 May 29, 2014
• A copy of the Biological Report and Impact Analysis for the Hidden Canyon Industrial Park Project Site.

In December 2013, we received the draft CDFW Streambed Alteration Agreement for the project. Subsequently, CDFW staff confirmed that the Agreement had been approved. In addition, CDFW staff approved a Habitat Mitigation Monitoring Plan (HMMP) associated with the Agreement. In addition, on April 14, 2014, we received the final fee payment required for consideration of the project, $29,577, as determined by SWRCB's Dredge and Fill Fee Calculator version 13b (12/20/2013).

This letter responds to your request for certification, pursuant to Clean Water Act Section 401, that the proposed project, described below, will comply with State water quality standards outlined in the Water Quality Control Plan for the Santa Ana River Basin 1995 (Basin Plan), and subsequent amendments.

1. Project Description:

The approximately 196 acre Hidden Canyon Industrial Park Specific Plan Project site is located southeasterly of the intersection of State Route 60 and Jackrabbit Trail in the city of Beaumont. The proposed project is to construct of up to 2.89 million square feet of distribution warehouse uses configured as two buildings, one on each of two parcels (see the attached figure). Supporting infrastructure such as roadways, parking areas, landscaping, and a stormwater detention basin are also proposed for the site. The proposed extension of 4th Street will bisect the property.

Jurisdictional waters on site include a segment of Cooper's Creek, which flows perennially with treated effluent discharged from the City of Beaumont's wastewater treatment facility, and four small ephemeral drainages. These jurisdictional waters cover a total of 0.692 acres, of which project construction will permanently impact 0.195 acres and temporarily impact 0.012 acres.

2. Location:

3. Receiving water:

Longitude/Latitude: 117 01' 44"W/33 55' 46"N
Section/Township/Range/ Quadrangle:

NE, NW and SW quarters of section 7, T3S, R1W, El Casco, California USGS Quadrangle
Cooper's Creek and Drainage D are tributary to San Timoteo Creek Reach 3 which has the following present or potential beneficial uses: GWR, REC1, REC2, WARM, and WILD.

Drainages A, B, and C are tributary to Laborde Canyon and the San Jacinto River Reach 4 which have the following
intermittent beneficial uses: Intermittent AGR, GWR, REC1, REC2, WARM, and WILD.

Page 1021 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B David Golkar
Hidden Canyon Industrial Park
401 Certification 332013-18
3 May 29, 2014

4. FiII Area: Project Jurisdictional Impacts
Permanent impacts 0.195 acre, 2,267 linear ft.

Temporary impacts 0.012 acre, 80 linear ft.

Total impacts 0.207 acre2, 2347 linear ft.

5. Dredge volume: NA

6. Federal permit: USACE Nationwide Permit # 39

7. Mitigation:

You have proposed to mitigate project water quality impacts as described in the CDFW Streambed Alteration Agreement for the project and the Biology Report and Impact Analysis of October 2013. The proposed mitigation is summarized below:

For permanent and temporary project impacts to jurisdictional waters, mitigation areas along Cooper's Creek will be established. These consist of the removal of three existing bridges crossing Cooper's Creek and the creation of two mitigation areas (referred to as polygons). The removal of three bridges will create and restore 0.113 acre of riparian habitat in the former footprints of the bridges on Copper's Creek. Mitigation Area 1, (2.23 acres), will be located along the southern edge of the existing riparian habitat along Cooper's Creek and mitigation Area 2, (1.26 acres), will be located along the northern edge of the existing riparian habitat along Cooper's Creek. For both areas some grading will be required to lower the elevations sufficient to support riparian habitats. The total mitigation area proposed is 3.603 acres consisting of 3.519 acres of riparian habitat creation (Mitigation Areas 1 and 2) and 0.128 acre of riparian habitat restoration.

Temporarily impacted areas will be re -contoured to support creek flows and then seeded with native vegetation. A stormwater detention basin will be placed adjacent the eastern side of Building 2, to the north of Building 1, and southwest of Cooper's Creek and Mitigation Area 1. (see the attached figure)
Should the proposed project impact state- or federally -listed endangered species or their habitat, implementation of measures identified in consultation with U.S.

Fish and Wildlife Service and the California Department of Fish and Wildlife will ensure that those impacts are mitigated to an acceptable level. Appropriate BMPs will be implemented to reduce construction -related impacts to Waters of the State according to the requirements of the State Water Resources Control Board's As listed in an update to the Hidden Canyon Industrial Park Biological Report — December 2013.

Page 1022 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B David Golkar
Hidden Canyon Industrial Park
401 Certification 332013-18
4 May 29, 2014
General Permit for Storm Water Discharges Associated with Construction Activity.

In addition, Order No. R8-2010-0033 (NPDES Permit No. CAS618033), commonly known as the Riverside County Municipal Storm Water Permit, requires the completion of a Water Quality Management Plan for the project to be approved by the City of Beaumont.

This Water Quality Certification is subject to the acquisition of all local, regional, state, and federal permits and approvals as required by law. Failure to meet any conditions contained herein or any the conditions contained in any other permit or approval issued by the State of California or any subdivision thereof may result in the revocation of this Certification and civil or criminal liability.

Pursuant to California JCode of Regulations, Title 14, Chapter 3, Section 15096, as a responsible agency, the Regional Board is required to consider an Environmental Impact Report (EIR) or Negative Declaration prepared by the lead agency in determining whether to approve a project. A responsible agency has responsibility for mitigating and avoiding only the direct and indirect environmental effects of those parts of the project which it decides to carry out, finance, or approve. Further, the responsible agency must make findings as required by Sections 15091 and, if necessary, 15093, for each and every significant impact of the project.

As required by Section 15096, the Regional Board has considered the environmental documentation prepared for the project(the 2012Hidden Canyon Specific Plan addendum to the Beaumont Gateway Specific Plan EIR), and information provided subsequently in the applicant's application, in approving this Certification. More specifically, the Regional Board has considered those sections of the EIR and addendum relating to water quality. Based on the mitigation proposed in the EIR and addendum, and the conditions set forth in this Certification, impacts to water quality will be reduced to a less than significant level and beneficial uses will be protected. The Regional Board independently finds that changes or alterations have been required in, or incorporated into the project, which avoid or mitigate impacts to water quality to a less than significant level.

This 401 Certification is contingent upon the execution of the following conditions:
1) The applicant must comply with the requirements of the applicable Clean Water Act section 404 permit.
2) The applicant must comply with requirements of the applicable Streambed Alteration Agreement as issued by the California Department of Fish and Wildlife.

Page 1023 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B David Golkar
Hidden Canyon Industrial Park
401 Certification 332013-18
5 May 29, 2014
3) The maintenance and design of the proposed project stormwater detection basin must comply with Riverside County Flood Control and Water Conservation District standards and other applicable standards mandated by the City of Beaumont.
4) The proposed mitigation shall be timely implemented. 5) All materials generated from construction activities associated with this project shall be managed appropriately. This shall include identifying all potential pollution sources within the scope of work of this project, and incorporating all necessary pollution prevention BMPs as they relate to each potential pollution source identified.
6) The project proponent shall utilize BMPs during project construction to minimize the controllable discharges of sediment and other wastes to drainage systems or other waters of the state and of the United States. 7) Substances resulting from project -related activities that could be harmful to aquatic life, including, but not limited to, petroleum lubricants and fuels, cured and uncured cements, epoxies, paints and other protective coating materials, portland cement concrete or asphalt concrete, and washings and cuttings thereof, shall not be discharged to soils or waters of the state. All waste concrete shall be removed.
8) Motorized equipment shall not be maintained or parked within or near any stream crossing, channel or lake margin in such a manner that petroleum products or other pollutants from the equipment may enter these areas under any flow conditions. Vehicles shall not be driven or equipment operated in waters of the state on -site, except as necessary to complete the proposed project. No equipment shall be operated in areas of flowing water.
9) The Permittee shall place a conservation easement on riparian habitat within Coopers Creek to protect fish and wildlife resources in perpetuity, as specified in the Streambed Alteration Agreement.

Under California Water Code, Section 1058, and,Pursuant to 23 CCR §3860, the following shall be included as conditions of all water quality certification actions:
(a) Every certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section §13330 of the Water Code and Article 6 (commencing with Section 3867) of this Chapter.

Page 1024 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B David Golkar
Hidden Canyon Industrial Park
401 Certification 332013-18
6 May 29, 2014
(b) Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to Subsection §3855(b) of this Chapter and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.
(c) Certification is conditioned upon total payment of any fee required under this Chapter and owed by the applicant.

If the above stated conditions are changed, any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, the Regional Board may require the applicant to submit a report of waste discharge and obtain Waste Discharge Requirements.

In the event of any violation or threatened violation of the conditions of this certification, the holder of any permit or license subject to this certification shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401(d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. Violations of the conditions of this certification may subject the applicant to civil liability pursuant to Water Code section 13350 and/or 13385.

This letter constitutes a Water Quality Standards Certification issued pursuant to Clean Water Act Section 401. I hereby certify that any discharge from the referenced project will comply with the applicable provisions of Sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003-0017- DWQ (Order No. 2003-0017- DWQ), "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received Water Quality Certification" which requires compliance with all conditions of this Water Quality Standards Certification. Order No. 2003-0017-DWQ is available at:
www.waterboards.ca.qov/board decisions/adopted orders/water quality/2003/wq o/wqo 2003-0017.pdf

Page 1025 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B David Golkar
Hidden Canyon Industrial Park
401 Certification 332013-18
7 May 29, 2014
Should there be any questions, please contact Dave Woelfel at (951) 782-7960, or Mark Adelson at (951) 782-3234.

Sincerely,
Kurt V. Berchtold
Executive Officer
Santa Ana Regional Water Quality Control Board
Enclosure
cc: (via electronic mail):

Harmsworth Associates - Paul Galvin
U.S. Army Corps of Engineers — James Mace
State Water Resources Control Board, OCC — David Rice
California Department of Fish and Wildlife — Claire Ingel

Page 1026 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B David Golkar
Hidden Canyon Industrial Park
401 Certification 332013-18
• �` - a y I k 'VI'''.
"�iW ❑ E � I n 4a • tII �� t' f W U d U s Im8 :�.� �'+ .*isl� as .haw s. gd1 xx t UNDISTURBED •. •• —• �9�`
Figure 2.2-1 Project Site Development Concept from the Hidden Canyon Industrial Park Specific Plan, 2012.
8 FREEWAY 60
t ur
mo,n:eur sr .,

DETENTION
'. 'BASIN
May 29, 2014

Page 1027 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

INLAND DESERTS REGION
3602 INLAND EMPIRE BLVD., SUITE C-220
ONTARIO, CA 91764

STREAMBED ALTERATION AGREEMENT
NOTIFICATION No. 1600-2012-0136-R6

HIDDEN CANYON INDUSTRIAL PARK PROJECT
Al IFQRNI
LtEF;RIrtY3pP.

This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and Rox Consulting (Permittee), represented by Mr. David Golkar.

RECITALS
WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, the Permittee notified CDFW on September 13, 2012, that the Permittee intends to complete the project described herein.

WHEREAS, pursuant to FGC section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources.

WHEREAS, the Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources.

NOW THEREFORE, the Permittee agrees to complete the project in accordance with the Agreement.

PROJECT LOCATION
The project is located within Cooper's Creek, tributary to the San Timeteo Creek, and thence the Santa Ana River, and three unnamed drainages tributary to Leborde Canyon Creek, in the City of Beaumont, County of Riverside, California.

The Project area lies south of State Route (SR) 60, north of longitude 33.9251, west of SR 79, and east of LeBorde Canyon; Latitude 33.9294, Longitude - 117.0288. The project is located within Assessor's Parcel Numbers (APNs) 421- 020-001 and 421-020-006. Off -site access roads will be located within portions of APNs 422-060-018, 422-170-008, 421-020-007, 421-020-008, 421-020-004, 421- 060-003, and 422-020-004.

Page 1028 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Streambed Alteration Agreement

Page 2 of 16 ends

PROJECT DESCRIPTION
The Project consists of development of the 198 -acre site with general commercial and light industrial properties, detention basins, open space, mitigation areas, and associated roads. The project includes off -site access on the west side to Jack Rabbit Trail and east side to the future 4t" Street extension.

The project includes construction of one crossing of Cooper's Creek.

PROJECT IMPACTS
Existing native fish and wildlife resources the project could potentially substantially adversely affect include: BIRDS — American crow (Corvus brachyrhynchos), American goldfinch (Carduelis tristis), American kestrel (Falco sparverius), American robin (Turdus migratorius), Anna's hummingbird (Calypte anna), Ash -throated Flycatcher (Myiarchus cinerascens), barn owl (Tyto alba), Bewick's wren (Thryomanes bewickii), black -chinned sparrow (Spizeila atrogularis), black phoebe (Sayornis nigricans), burrowing owl (Athene cunicularia), bushtit (Psaltriparus minimus), California horned lark (Eremophila alpestris actia), California quail (Callipepla callfornica), California towhee (Pipilo crissalis), common raven (Corvus corax), Cooper's hawk (Accipiter cooperii), house finch (Carpodacus mexicanus), Least Bell's vireo (Vireo bellii pusiflius), lesser goldfinch (Carduelis psaltria), loggerhead shrike (Lanus ludovicianus), mourning dove (Zenaida macroura), northern harrier (Circus cyaneus), northern mockingbird (Mimus polyglottos), red-tailed hawk (Buteo jamaicensis), sharp - shinned hawk (Accipiterstriatus), Say's phoebe (Sayornis saya), turkey vulture (Cathartes aura), white -crowned sparrow (Zonotrichia leucophyrys), yellow warbler (Dendroica petechial), yellow -breasted chat (Icteria virens); MAMMALS — Audubon's cottontail (Sylvilagus audubonhi), bobcat (Lynx rufus), California ground squirrel (Spermophllus beecheyi), coyote (Canis latrans), Mexican free - tailed bat (Tadarida braslliensis), pocket gopher (Thomomys bottae), mule deer (Odocoileus hemionus), San Diego black -tailed jackrabbit (Lepus californicus bennettii), San Diego desert woodrat (Neotoma lepida intermedia), San Diego pocket mouse (Chaetodipus fallax fallax), Stephen's kangaroo rat (Dipodomys stephensi), Yuma myotis (Myotis yumanensis); REPTILES — coast horned lizard (Phrynosoma coronatum), coastal whiptail (Cnemidophorus tigris stejnergeri), side -blotched lizard (Uta stansburiana), western fence lizard (Sceloporus occidentalis); and all other fish and wildlife resources in the project vicinity.

The adverse effects the project could have on the fish and wildlife resources identified above include disturbance to, alteration of, and/or loss of nesting and foraging habitat and wildlife corridors. This Agreement authorizes impacts of up to 2.011 acres of jurisdictional areas consisting of permanent impacts to 1.62 acres of mature riparian vegetation and 0.263 acre of unvegetated streambed and temporary impacts to 0.123 acre of mature riparian vegetation and 0.005 acre of unvegetated streambed. Permittee shall not impact more than 2.011

Page 1029 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Strearnbed Alteration Agreement

Page 3 of 16 ends

acres of jurisdictional areas. If impacts to streambed or riparian habitat exceed that authorized in this Agreement, Permittee shall mitigate at a minimum 5:1 replacement -to -impact ratio for the impacts beyond those previously authorized by this Agreement and submit a new streambed alteration agreement application for the entire project. All mitigation shall be reviewed and approved by the CDFW prior to implementation.

MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES

1. Administrative Measures
Permittee shall meet each administrative requirement described below. 11 Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request.

1.2 Providing Agreement to Persons at Pro'ect Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the project at the project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors.

1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict.

1.4 Designated Biologist(s). Permittee shall submit to CDFW in writing the name, qualifications, business address, and contact information of biological monitor(s) (Designated Biologist(s)) at least 45 days before commencement of project activities (including construction and/or site preparation).

Permittee shall ensure that the Designated Biologist(s) is knowledgeable and experienced in the biology, natural history, collecting, and handling of appropriate species. The Designated Biologist(s) shall be responsible for monitoring activities addressed by this Agreement, including, but not limited to all activities that result in the clearing or grading of sensitive habitat as well as grading, excavation, and/or other ground -disturbing activities in jurisdictional areas. The Designated Biologist(s) shall confirm and monitor the limits of grading and the jurisdictional areas, perform necessary surveys, and take photographs during the construction process, as required by this

Page 1030 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Streambed Alteration Agreement

Page 4 of 16 ends

Agreement. Permittee shall obtain CDFW approval of Designated Biologist(s) in writing before commencement of project activities, and shall also obtain approval in advance in writing if a Designated Biologist must be changed.

1.5 Designated Biologist(s) Authority. To ensure compliance with the measures of this Agreement, the Designated Biologist(s) shall have the authority to immediately halt any activity that does not comply with this Agreement, and/or to order any reasonable measure to avoid the violation of any measure of this Agreement. The Designated Biologist(s) shall halt construction activities if threatened or endangered species are identified and notify the appropriate agencies immediately.

1.6 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement.

1.7 Take of Nesting Birds, Sections 3503, 3503.5, and 3513 of the FGC prohibit take of all birds and their active nests, including raptors and other migratory non -game birds (as listed under the Migratory Bird Treaty Act).

2. Avoidance and Minimization Measures
To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below.

2.1 Nesting Bird Plan. Prior to project activities and no later than February 1, 2014, Permittee shall submit to CDFW for review and approval a Nesting Bird Plan (NBP) that includes project specific avoidance and minimization measures to ensure that impacts to nesting birds do not occur and that the project complies with all applicable laws related to nesting birds and birds of prey. The NBP shall include, at a minimum: monitoring protocols; survey timing and duration; the creation, maintenance, artd submittal to CDFW of a bird nesting log; and project -specific avoidance and minimization measures.

Avoidance and minimization measures shall include, at a minimum: project phasing and timing, monitoring of project -related noise, sound walls, and buffers.

2.2 Work Period and Time Limits - Bird Nesting Surveys. Migratory non -game native bird species are protected by international treaty under the federal Migratory Bird Treaty Act (MBTA) of 1918, as amended (16 U.S.C. 703 et seq.). In addition, Sections 3503, 3503.5, and 3513 of the FGC prohibit the take of all birds and their nests. Section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by FGC or any regulation made pursuant thereto; Section 3503.5 states that is it unlawful to take, possess, or destroy any

Page 1031 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Streambed Alteration Agreement

Page 5 of 16 ends

birds in the orders Falconiformes or Strigiformes (birds -of -prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by FGC or any regulation adopted pursuant thereto; and Section 3513 states that it is unlawful to take or possess any migratory nongame bird as designated in the Migratory Bird Treaty Act or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Treaty Act. CDFW recommends Permittee avoid project activities from February 1 to September 30 to avoid impacts to nesting birds. If project activities cannot be avoided during the period of February 1 through September 30, the Designated Biologist(s) shall survey the project site, and within a recommended buffer of 500 feet surrounding the project site for both diurnal and nocturnal nesting birds, prior to commencing project activities (including construction and/or site preparation). Specific details on the timing of surveys in relation to each phase of project activities shall be summarized in the CDFW-approved NBP. Surveys shall be conducted by the Designated Biologist(s) at the appropriate time(s) of day, no more than three business days prior to commencement of project activities.

Documentation of surveys and findings shall be consistent with the CDFW-approved NBP and shall be submitted to CDFW for review prior to conducting project activities. If an active bird nest is located, the Designated Biologist(s) shall implement and monitor specific avoidance and minimization measures as specified in the CDFW-approved NBP (refer to Measure 2.1) designed to ensure that impacts to nesting birds do not occur and that the project complies with all applicable laws related to nesting birds and birds of prey. Copies of the nesting log shall be submitted to CDFW for review and concurrence according to the timeframe specified in the NBP.

2.3 Lighting Impacts. No lighting shall be allowed to impact jurisdictional areas, and the lighting and fencing for infrastructure adjacent to jurisdictional areas shall be designed or reviewed by a qualified biologist to allow wildlife to move within the open space and conserved areas without hindrance.

2.4 Burrowing Owl. Prior to the initiation of any project activities in jurisdictional areas, Permittee shall conduct a burrowing owl habitat assessment. The assessment shall be conducted by a biologist knowledgeable of burrowing owl habitat, ecology, and field identification of the species and burrowing owl sign. The assessment shall consist of walking the project site to identify the presence of burrowing owl habitat. Burrowing owls use a variety of natural and modified habitats for nesting and foraging that is typically characterized by low growing vegetation. Burrowing owl habitat includes, but is not limited to: native and nonnative grassland, interstitial grassland with shrub lands, shrub lands with low density shrub cover, golf courses, drainage ditches, earthen berms, unpaved airfields, pastureland, dairies, fallow fields, and agricultural use areas. Burrowing owls typically use

Page 1032 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Streambed Alteration Agreement

Page 6 of 16 ends

burrows made from fossorial (adapted for burrowing or digging) mammals such as ground squirrels or badgers, and often manmade structures such as earthen berms; cement culverts; cement, asphalt, rock, or wood debris piles; or openings beneath cement or asphalt pavement. A report summarizing the results of the habitat assessment shall be submitted to CDFW within 30 days following the completion of the assessment. Please note that burrowing owl habitat assessments dated more than one year prior to the construction start date will not be accepted by CDFW. If no suitable habitat is found on -site (Le., if the site is completely covered in chaparral habitat, cement, or asphalt), no additional surveys are necessary. If suitable habitat is found onsite, burrowing owl surveys must be conducted during the breeding season of March 1 through August 31 in accordance with the attached Burrowing Owl Survey Instructions to determine the use of the site by burrowing owls. If burrowing owls are found onsite, Permittee shall comply with the MSHCP and submit the survey results and MSHCP compliance documents at least five days prior to commencing project activities to CDFW Inland Deserts Region at the address below under Contact Information. Please reference SAA# 1600-2012-0136-R6.

CDFW recommends focused surveys are conducted over all potential suitable habitat within the entire project site, even areas outside State jurisdiction pursuant to Section 1600. The burrowing owl is protected under the MBTA and Sections 3503, 3503.5 and 3513 of the FGC.

Therefore, it is the responsibility of the project proponent to ensure compliance with these laws for the entire project site.

2.5 Nonnative plant species. CDFW recommends the use of native plants to the greatest extent feasible in the landscaped areas adjacent to and/or near mitigation/open space areas and within or adjacent to stream channels.

Permittee shall not plant, seed, or otherwise introduce invasive nonnative plant species to the landscaped areas adjacent to and/or near mitigation/open space areas and within or adjacent to stream channels (minimum 100 foot setback from open space areas and 150 foot setback from stream channels and wetland/riparian mitigation sites). Invasive nonnative plant species not to be used include those species listed on the "California Invasive Plant Inventory, February 2006" and the "February 2007 Inventory Update", (which are updates to Lists A & B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999"). This list includes: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, bush lupine, sweet alyssum, English ivy, French broom, Scotch broom, Spanish broom, and pepperweed. A copy of the complete list can be obtained by contacting the California Invasive Plant Council by phone at (510) 843-3902, at their website at www.cal-bc,orq , or by email at [email protected].

Page 1033 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Streambed Alteration Agreement

Page 7 of 16 ends

2,6 Best Management Practices. Permittee shall actively implement Best Management Practices (BMPs) to prevent erosion and the discharge of sediment and pollutants into streams during project activities. BMPs shall be monitored and repaired if necessary to ensure maximum erosion, sediment, and pollution control. Permittee shall prohibit the use of erosion control materials potentially harmful to fish and wildlife species, such as mono -filament netting (erosion control matting) or similar material, within and adjacent to CDFW jurisdictional areas. All fiber roles, straw waddles, and/or hay bales utilized within and adjacent to the project site shall be free of nonnative plant materials. Fiber rolls or erosion control mesh shall be made of loose -weave mesh that is not fused at the intersections of the weave, such as jute, or coconut (coir) fiber, or other products without welded weaves. Non -welded weaves reduce entanglement risks to wildlife by allowing animals to push through the weave, which expands when spread.

2.7 Bat Surveys. Using an appropriate combination of structure inspection, sampling, exit counts, and acoustic surveys, the CDFW-approved Designated Biologist(s) shall survey each structure and the surrounding area that may be impacted by the project for bats. If bats are found using and bridges or culverts within the project area, the biologist shall identify the bats to the species level, and evaluate the colony to determine its size and significance. The bat survey shall include: 1) the exact location of all roosting sites (location shall be adequately described and drawn on a map), 2) the number of bats present at the time of visit (count or estimate), 3) each species of bat present shall be named (include ho the species was identified), 4) the location, amount, distribution and age of all bat guano shall be described and pinpointed on the map, and 5) the type of roost: night roost (rest at night while out feeding) versus day roost (resting during the day) must also be clearly stated. The results of the bat surveys. hall be submitted to CDFW for review and concurrence no later than 60 days prior to the start of project activities. Reports shall be mailed to CDFW Inland Deserts Region at the address below under Contact Information.

Please reference SAA# 1600-2012-0136-R6. No work shall occur onsite prior to CDFW review and concurrence with the bat survey report.

If any structures house a maternity colony of bats, construction activities shall not occur during the recognized bat breeding season (March 1 to October 1). This Agreement does not authorize the take of adult or juvenile bats.
2,8 Bridge -dwelling Wildlife Protection. Permittee shall comply with the following bridge -dwelling wildlife protection measures if bridge dwelling - wildlife is detected in the bridges or culverts. All contractors,

Page 1034 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Streambed Alteration Agreement

Page 8 of 16 ends

subcontractors, and employees shall also comply with these measures and it shall be the responsibility of the Permittee to ensure compliance.

2.8.1 The CDFW-approved Designated Biologist(s) shall design and direct implementation of exclusionary devices designed to prevent birds and bats from utilizing bridges/culverts before construction activities begin. Exclusionary devices shall be installed on all bridges prior to the initiation of nesting season (February 1).

Exclusionary devices shall cover both the sides and bottom of each bridge/culvert, or where appropriate. Passage underneath each bridge (through the channel) shall not be impeded. Exclusionary materials shall be installed immediately following surveying the bridge for bridge -dwelling wildlife, shall not pose an entanglement risk to wildlife, and shall be regularly
maintained. Exclusionary materials shall not be installed if nesting bird activity is detected. If bats are found using any bridge, roost entrances shall be fitted with one-way doors that allow bats to exit but prevent entrance for a period of several days to encourage bats to relocate.

2.8.2 No gasoline or diesel engines shall be stored or operated under any bridge, unless the bridge has been cleared of bats.

2.8.3 All night work (dusk to dawn) in the vicinity of the structure (i.e., roadway widening, resurfacing, lighting, lane -closure setup, etc.) shall have concurrence from CDFW and the Designated
Biologist(s) prior to any work or scheduling of any work between March 1 and October 1.

2.8.4 Vegetation removal around structures shall be minimized.

2.8.5 If any roosting bats are discovered during construction activities all work shall stop on, under, around, or within a setback determined by the CDFW-approved Designated Biologist(s) to ensure no impacts to Bridge -dwelling wildlife occur.

2.9 Pollution and Litter. Permittee shall comply with all litter and pollution laws.

All contractors, subcontractors, and employees shall also obey these laws and it shall be the responsibility of Permittee to ensure compliance.

2.9.1 Permittee shall not allow water containing mud, silt, or other pollutants from grading, aggregate washing, or other activities to enter a lake, streambed, or flowing stream or be placed in locations that may be subjected to high storm flows.

Page 1035 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Streambed Alteration Agreement

Page 9 of 16 ends

2.9.2 Spoil sites shall not be located within a lake, streambed, or flowing stream or locations that may be subjected to high storm flows, where spoil shall be washed back into a lake, streambed, or flowing stream where it will impact streambed habitat and aquatic or riparian vegetation.

2.9.3 Raw cement/concrete or washings thereof, asphalt, paint, or other coating material, oil or other petroleum products, or any other substances which could be hazardous to fish and wildlife resources resulting from project related activities shall be prevented from contaminating the soil and/or entering the waters of the State.

These materials, placed within or where they may enter a lake, streambed, or flowing stream by Permittee or any party working under contract or with the permission of Permittee, shall be removed immediately.

2.9.4 No broken concrete, cement, debris, soil, silt, sand, bark, slash, sawdust, rubbish, or washings thereof, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any lake, streambed, or flowing stream.

2.9.5 No equipment maintenance shall be done within or near any lake, streambed, or flowing stream where petroleum products or other pollutants from the equipment may enter these areas under any flow.

3. Compensatory Measures
To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below,

3.8 Bridge removal. Within 60 days of completion of the new bridge over Cooper's Creek, Permittee shall remove the three existing access bridges to create high quality in -stream habitat. Specifically a small access bridge currently crossing a tributary to Cooper's Creek at Latitude 33.9323, Longitude -117.0245; a large access bridge currently crossing Cooper's Creek at Latitutde33.9313, Longitude -117.0242; and a medium access bridge that currently crosses Cooper's Creek at Latitude33.9210, Longitude -117.0231 will be removed. Bridge removal areas will contribute to creation

Page 1036 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Streambed Alteration Agreement

Page 10 of 16 ends

of wetland, and riparian habitat as described in measure 3.2 of this Agreement.

3.9 Habitat Creation - Onsite. Within 60 days of project completion Permittee shall create a minimum of 3.519 acres of wetland and willow, cottonwood, or oak -dominated riparian habitat adjacent to Cooper's Creek.

Created habitat shall be contiguous with existing riparian habitat within Cooper's Creek. Mitigation activities shall include removal of all nonnative plant species, trash, and debris; and installation of riparian species and wetland species where appropriate. CDFW encourages Permittee to use native riparian plant materials that were trimmed, limbed, or otherwise removed during project activities for restoration purposes. A letter shall be submitted to CDFW upon completion of the habitat creation effort, and no later than 60 days following project completion, that includes a description of the habitat creation activities performed and before and after photographs of the areas.
3,10 Habitat Restoration - Onsite. Within 60 days of Project completion Permittee shall restore all temporary impact areas (0.128 acre) within CDFW jurisdiction. The disturbed portions of any stream shall be restored to their original condition as outlined in the HMMP. Restoration shall include the revegetation of areas cleared of vegetation.

3.11 Revegetation Success Criteria. Permittee shall monitor and maintain, as necessary, all plants within the habitat restoration and habitat creation sites for five (5) years to ensure successful revegetation. The success criteria for the creation and restoration sites are: First year— a minimum 80% survival of the container planting stock; Second year— a minimum of 90% survival of the container stock that survived past the first year; Third year— a minimum 50% ground cover of native species, less than 10% ground cover of non- native plant species, less than 5% cover of invasive plant species (Call IPC list), and no site irrigation; Fourth year— a minimum 60% ground cover of native species, less than 10% ground cover of non-native plant species, 0% cover of invasive plant species (Ca11PC list), no site irrigation; Fifth year— a minimum 80% ground cover of native plant species, less than 5% ground cover non-native plant species, 0% cover of invasive plant species (Cal IPC list), and no site irrigation.

3.12 Habitat Conservation - Onsite. Within twelve (12) months following signature to this Agreement and no later than January 15, 2015, Permittee shall place a conservation easement on no less than 9.5 acres of riparian habitat within Coopers Creek to protect fish and wildlife resources in perpetuity. The conservation easement shall be in favor of a local CDFW- approved conservation entity. A draft conservation easement shall be provided to CDFW for review within nine (9) months following

Page 1037 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Streambed Alteration Agreement

Page 11 of 16 ends

signature to this Agreement and no later than November 15, 2014.

Permittee shall obtain CDFW written approval of any conservation easement before its recordation. The final recorded conservation easement shall be provided to CDFW within 3 months following the approval of the draft conservation easement. A Property Analysis Record (PAR), or substantially equivalent analysis, shall be conducted by Permittee and approved by CDFW and the CDFW-approved conservation entity to determine the management needs and costs described above, which then will be used to calculate the amount of capital needed for the management fund. This management fund shall be held and managed by an entity approved by CDFW. The entire area of Cooper's Creek and restoration and mitigation sites within the project area will be preserved in perpetuity. Permittee shall ensure and provide long-term funding for the management and maintenance of the conserved habitat in perpetuity. A draft conservation easement shall be provided to CDFW within twelve (9) months following signature to this Agreement. Proof of payment to the management fund shall be provided to CDFW within twelve (12) months following signature to this Agreement and no later than January 15, 2015.

4. Reporting Measures
Permittee shall meet each reporting requirement described below.

4.8 Habitat Mitigation and Monitoring Plan. No later than 60 days following execution of this Agreement and no later than March 15, 2014, Permittee shall submit to CDFW for review and approval a Habitat Mitigation and Monitoring Plan (HMMP) for the 3.519 -acre mitigation site designed to meet the habitat creation goals identified in Section 3 of this Agreement. At a minimum, the HMMP shall include the following information: (a) a description of the existing physical conditions of the creation and restoration site, including water resources and habitat types, and a map the identifies the location of the site; (b) a plan for the preparation of the habitat creation site, including removal nonnative plant species, non-wetland/riparian plant species, and grading; (c) a local California native plant palette; (d) a planting plan, including monitoring and maintenance measures and a timeline; (e) an irrigation plan; (f) procedures to ensure that nonnative plants are not introduced or allowed to sustain within the restoration site and a nonnative plant removal plan; and (g) success standards with contingency measures.

Monitoring and maintenance of the creation and restoration site shall be conducted annually for a minimum of 5 years, or until CDFW determines the mitigation site is successful.

4.9 Annual Monitoring Reports. Permittee shall submit an annual monitoring report to CDFW by June 1 of each year for five (5) years after completion of

Page 1038 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Streambed Alteration Agreement

Page 12 of 16 ends

the construction project. The report shall discuss the mitigation performance as it relates to the success criteria. The report shall include the survival, percent cover, and height of both tree and shrub species. An overview of the revegetation effort, the number of species of plants replaced (if applicable), a summary on invasive species control methods, and the method used to assess these parameters shall also be included. Monitoring reports shall include photographs from designated photo stations.

4.10 Notification to CNDDB. If any sensitive species are observed on or in proximity to the project site, or during project surveys, Permittee shall submit California Natural Diversity Data Base (CNDDB) forms and maps to the CNDDB within five working days of the sightings, and provide the regional CDFW office with copies of the CNDDB forms and survey maps.

The CNDDB form is available online at:
www.dfq.ca.00v/whdab/pdfs/natspec.pdf . This information shall be mailed within five days to: California Natural Diversity Data Base, 1807 13th Street, Suite 202, Sacramento, CA 95814, Phone (916) 324-3812. A copy of this information shall also be mailed within five days to CDFW Inland Deserts Region, 3602 Inland Empire Blvd., Suite C-220, Ontario, CA, 91764, Attn: Daniel Orr. Please reference SAA # 1600-2012-0136-R6.

4.11 Notification of End of Construction. The Permittee shall notify CDFW, in writing, at least five (5) days prior to completion of project activities in jurisdictional areas. Notification shall be mailed to CDFW Inland Deserts Region, 3602 Inland Empire Blvd., Suite C-220, Ontario, CA, 91764, Attn:

Daniel Orr. Please reference SAA # 1600-2012-0136-R6.

CONTACT INFORMATION
Any communication that Permittee or CDFW submits to the other shall be in writing and any communication or documentation shall be delivered to the address below by U.S. mail, fax, or email, or to such other address as Permittee or CDFW specifies by written notice to the other.

To Permittee:

David Golkar
Rox Consulting
10551 Wilshire Boulevard
Los Angeles, CA 92610
(424) 279-0909
dgolkar a( sbcglobal.net

Page 1039 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Streambed Alteration Agreement

Page 13 of 16 ends

To CDFW:

Daniel Orr
Department of Fish and Wildlife
Inland Deserts Region
3602 Inland Empire Blvd., Suite C-220
Ontario, CA 9764
Notification #1600-2012-0136-R6
(909) 481-2945 (fax)
daniel.orr(awildlife.ca.gov

LIABILITY
Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes.

This Agreement does not constitute CDFW's endorsement of, or require Permittee to proceed with the project. The decision to proceed with the project is Permittee's alone.

SUSPENSION AND REVOCATION
CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement.

Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice.

ENFORCEMENT
Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement.

Page 1040 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #9600-2012-0136-R6
Streambed Alteration Agreement

Page 14 of 16 ends

Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel.

OTHER LEGAL OBLIGATIONS
This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from obtaining any other permits or authorizations that might be required under other federal, state, or local laws or regulations before beginning the project or an activity related to it.

This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the FGC including, but not limited to, FGC sections 2050 et seq. (threatened and endangered species), 3503 (bird nests and eggs), 3503.5 (birds of prey), 5650 (water pollution), 5652 (refuse disposal into water), 5901 (fish passage), 5937 (sufficient water for fish), and 5948 (obstruction of stream).

Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass.

AMENDMENT
CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource.

Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the corresponding amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5).

TRANSFER AND ASSIGNMENT
This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing.

Page 1041 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Streambed Alteration Agreement

Page 15 of 16 ends

The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the minor amendment fee identified in CDFW's current fee schedule (see Cal, Code Regs., tit. 14, § 699.5).

EXTENSIONS
In accordance with FGC section 1605(b), Permitted may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall submit to CDFW a completed CDFW "Request to Extend Lake or Streambed Alteration" form and include with the completed form payment of the extension fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with FGC 1605(b) through (e).

If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the project the Agreement covers (FGC section 1605(f)).

EFFECTIVE DATE
The Agreement becomes effective on the date of CDFW's signature, which shall be: 1) after Permittee's signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable FGC section 711.4 filing fee listed at littp:// www.wildlife.ca,gov/habconiceqa/ceca changes.html.

TERM
This Agreement shall expire on September 1, 2017, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as FGC section 1605(a)(2) requires.

AUTHORITY
If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein.

Page 1042 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Notification #1600-2012-0136-R6
Streanibed Alteration Agreement

Page 16 of 16 ends

AUTHORIZATION
This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from the project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with FGC section 1602.

CONCURRENCE
The undersigned accepts and agrees to comply with all provisions contained herein.

FO ROX CONSULT,
NG
fa, i , 2_01q
'bav Date
President

FOR DEPARTMENT OF FISH AND WILDLIFE
s Nair ~
nv onmental Program Manager
Prepared by: Daniel Orr
Environmental Scientist
2� 1
Date

Page 1043 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B California Natural Resources Acency

DEPARTMENT OF FISH AND WILDLIFE
Inland Deserts Region
78078 Country Club Drive, Suite 109
Bermuda Dunes, CA 92203
(760) 200-9158
www.wildlife.ca.gov
September 18, 2017
David Golkar
Rox Consulting
11740 Wilshire Boulevard, Unit A131O
Los Angeles, CA 90025
Dear Mr. Golkar:

EDMUND G. BROWN, Jr., Governor
CHARLTON H. BONHAM, Director
Extension of Lake or Streambed Alteration Agreement, Notification No. 1600- 2012-0136-R6, Hidden Canyon Industrial Park Project
The California Department of Fish and Wildlife (CDFW) received your request to extend Lake or Streambed Alteration Agreement (Agreement) and extension fee, for the above referenced agreement. CDFW hereby grants your request to extend the Agreement expiration from September 1, 2017, to September 1, 2020. All other conditions in the original Agreement remain in effect.

Copies of the original Agreement and this letter must be readily available at project worksites and must be presented when requested by a CDFW representative or other agency with inspection authority.

If you have any questions regarding this letter, please contact Charles Land, Environmental Scientist, at (76O) 200-9418 or by email at [email protected], Sincerely,
Michael D. Flores
Senior Environmental Scientist
Inland Deserts Region
Conserving CPCCii
ornia's Wildlife Since 1870
e 1044 of 1627

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B EXHIBIT "C"

LEGAL DESCRIPTION OF PROPERTY
That portion of Land situated in the County of Riverside, State of California, being that portion of the east one half of the west one half of the northeast quarter of Section 7, Township 3 South, Range 1 West, San Bernardino Meridian, more particularly described as follows, lying with assessors Parcel No. 424-010-007, being a portion of the property, described as follows:

Commencing at the north quarter corner of said Section 7, said point being north 84° 59' 13" east, 2650.57 feet from the northwest corner of said Section 7 and south 84° 59' 13" west, 2650.57 feet from the northeast quarter of said Section 7; thence along the north line of said Section 7, north 84° 59' 13" east, 662.64 feet to the west line of said east one half of the west one half of the northeast quarter of Section 7, said point being south 84° 59' 13" west, 1987.93 feet from the northeast quarter corner of said Section 7; thence leaving said north Section 7 line and along said west line, south 00° 20' 23" east, 874.33 feet to the point of beginning.

Thence continuing along said west line of the east half of the west half of the northeast quarter of Section 7, south 00° 20' 23" east, 1797.87 feet to the southwest corner of said east half of the west half of the northeast quarter of Section 7, said point being north 85° 00' 41" east, 667.91 feet from the center of said Section 7; thence leaving said west line, and along the south line of said east half of the west half of the northeast quarter of Section 7, North 85° 00' 21" east 667.91 feet to the southeast corner of said east half of the west half of the northeast quarter of Section 7, said point being south 85° 00' 41" west, 1335.81 feet from the east quarter corner of said Section 7; thence leaving said south line and along the east line of east half of the west half of the northeast quarter of Section 7, north 00° 27' 10" west. 1494.61 feet to a non -tangent curve concave northeasterly, having a radius of 1206.00 feet, the radial to said point bears south 13° 45' 43" west; thence leaving said east line and northwesterly along said curve through a central angle of 07° 16' 56", an arc distance of 153.28 feet to a tangent line; thence leaving said curve and along said tangent line north 68° 57' 21" west, 555.08 to the point of beginning.

APN: 424-010-007
REAL PROPERTY situated in the City of Beaumont, County of Riverside, State of California, described as follows:

Parcel C as shown on that certain map entitled "Parcel Map No. 36426," recorded March 16, 2017, in Book 242 of Parcel Maps, at Page 24 through 29, inclusive, Official Records of Riverside County, California.

APNS: 424-010-015 and 424-010-018

Page 1045 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B EXHIBIT "D"

LEGAL DEPICTION OF PROPERTY
EXHIBIT "D"
51157782.1/203513.0124

Page 1046 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B N.A.P.

SCALE: 1"= 250'
Last Update: 2/3/25
0:\3000-3099\3080\ESMT\Mitigation \3080—Conservation—O.dwg 60' WIDE EASEMENT FOR r

PIPE LINES GRANTED TO
SO. PACIFIC PIPE LINES, INC.

REC. 06/16/1955 IN
BK. 1752, PG. 442, O.R.
(LOCATED BY FIELD SURVEY)
- 4th STREET - -
LEGEND.

J
r I
INDICATES "COOPER'S CREEK"
CONSERVATION EASEMENT AREA.

CONTAINS: 477,069 SQ. FT

10.95 ACRES ±

INDICATES PROPERTY LINE

Page 1047 of 1 ends

/SAY
F
50' WIDE EASEMENT TO

METROPOLITAN WATER

DISTRICT, RECORDED
OCTOBER 11, 1930 IN
BK. 144, PG. 80, O.R.

N.A.P.

N
\o,2c<`
1 EXISTING BRIDGE

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B EXHIBIT "E"

ENDOWMENT ASSESSMENT
EXHIBIT "E"
51157782.1/203513.0124

Page 1048 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B EXHIBIT "F"

ENDOWMENT INVESTMENT
EXHIBIT "F"
51157782.1/203513.0124

Page 1049 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B PROPERTY ANALYSIS RECORD ("PAR")
PAR
Property Analysis Record
"Planning for Conservation in Perpetuity"
Title: Beaumont Crossroads III PAR v.04
Riverside County, California
PAR Code/Internal Reference: BeaCrs04
Prepared By: Michael Viramontes, Rivers & Lands Conservancy Date: 26Sep2024

Page 1050 of 1627 ends

21914032.1/203002.0044

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Beaumont Crossroads III PAR v.04
I. Tasks and Cost Analysis
Initial and Capital
BeaCrs04
Task
Specific Description
Unit
#of
Units
Cost per
Unit
#of
Years
Contin
(%)
Subtotal
Admin
(%)
Conservation Easement
Database
Management
Field notes, photos, update
property record
L. Hours
3 $105.00
3 10%
$1,039.50
22%
Easement
Compliance
Monitoring
Follow up survey
L. Hours
6 $105.00
1 10%
$693.00
22%
Easement
Compliance
Monitoring Visits
Semi-annual visit 1
L. Hours
8 $105.00
3 10%
$2,772.00
22%
Easement
Compliance
Monitoring Visits
Semi-annual visit 2
L. Hours
8 $105.00
3 10%
$2,772.00
22%
Landowner
Communications
Follow-up Communications
L. Hours
8 $105.00
3 10%
$2,772.00
22%
Data Management & Reports
Annual Report
Review
Director Review
L. Hours
2 $155.00
3 10%
$1,023.00
22%
Annual
ReportfWork Plan
Year 2 and ongoing
L. Hours
16 $105.00
2 10%
$3,696.00
22%
Annual
Report/Work Plan
Year 1 Preparation and Submittal
L. Hours
32 $105.00
1 10%
$3,696.00
22%
Habitat Maintenance & Enhancement
Adaptive
Management
Respond to changes
Item
1 $1,000.00
3 10%
$3,300.00
Exotic Animal
Control
Trapping -cowbird
Contract
1 $10,000.00
2 10%
$22,000.00
Exotics Control
Coordination w/Contractor
L. Hours
8 $105.00
3 10%
$2,772.00
22%
Weed Control
Contractor
Fall/Spring treatments
Contract
2 $2,750.00
3 10%
$18,150.00
Operations
Audit
Audit -cost share
Acre

10.95 $0.55
3 10%
$19.87
22%
Endowment
Management
Endowment Report
L. Hours
4 $210.00
3 10%
$2,772.00
22%
Insurance
LTA CE Policy
Item
2 $67.00
3 10%
$442.20
22%
Insurance
Liability
Acre

10.95 $0.22
3 10%
$7.95
22%
Legal and
Emergency Fund
Violation/Remediation - one time fee
Fee
1 $40,000.00
1 $40,000.00
Project
Accounting
Setup and Maintain
L. Hours
4 $110.00
3 10%
$1,452.00
22%
Title Insurance
Standard CLTA - one time fee
Dollars
1 $1,500.00
1 $1,500.00

Page 2 of 6 ends

Page 1051 of 1627 ends

21914032.1/203002.0044

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Beaumont Crossroads III PAR v.04
BeaCrs04
Task
Specific Description
Unit
#of
Units
Cost per
Unit
#of
Years
Contin
(%)
Subtotal
Admin
(%)
Public Services
Education Fund
Establish Fund
Item
1 $5,000.00
1 $5,000.00
Vehicle & Field Equipment
Camera Digital
Semi-annual
Item
2 $10.00
3 10%
$66.00
22%
GPS Handheld
Unit
Semi-annual
Item
2 $10.00
3 10%
$66.00
22%
Vehicle
Vehicle Mileage
Mile
300
$0.58
3 10%
$574.20
22%
Subtotal: $116,585.72
Administration: $5,859.85
Total: $122,445.57

Page 3 of 6 ends

Page 1052 of 1627 ends

21914032.1/203002.0044

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Beaumont Crossroads III PAR v.04 BeaCrs04
Perpetual
Task
Specific Description
Unit
#of
Units
Cost per
Unit
Freq
(Yrs)
Contin
(%)
Subtotal
Admin
(%)
Conservation Easement
Database
Management
Field notes, photos, update
property record
L. Hours
3 $105.00
1 10%
$346.50
22%
Easement
Compliance
Monitoring
Follow up survey
L. Hours
6 $105.00
3 10%
$231.00
22%
Easement
Compliance
Monitoring Visits
Semi-annual visit 1
L. Hours
8 $105.00
1 10%
$924.00
22%
Easement
Compliance
Monitoring Visits
Semi-annual visit 2
L. Hours
8 $105.00
1 10%
$924.00
22%
Landowner
Communications
Follow-up Communications
L. Hours
8 $105.00
1 10%
$924.00
22%
Data Management & Reports
5-yr. Maint.

Report
Director Review
L. Hours
2 $155.00
5 10%
$68.20
22%
5-yr. Maint.

Report
Report Preparation and Submit
L. Hours
16 $105.00
5 10%
$369.60
22%
Annual Report
Review
Director Review
L. Hours
2 $155.00
1 10%
$341.00
22%
Annual
Report/Work Plan
Year 2 and ongoing
L. Hours
16 $105.00
1 10%
$1,848.00
22%
Habitat Maintenance & Enhancement
Adaptive
Management
Respond to changes
Item
1 $1,000.00
2 10%
$550.00
Exotic Animal
Control
Trapping -cowbird
Contract
1 $10,000.00
2 10%
$5,500.00
Exotics Control
Coordination w/Contractor
L. Hours
6 $110.00
1 10%
$726.00
22%
Weed Control
Contractor
Fall/Spring treatments
Contract
2 $2,750.00
1 10%
$6,050.00
Operations
Audit
Audit -cost share
Acre

10.95 $0.55
3 10%
$2.21
22%
Endowment
Management
Endowment Report
L. Hours
2 $210.00
1 10%
$462.00
22%
Insurance
LTA CE Policy
Item
2 $67.00
1 10%
$147.40
22%
Insurance
Liability
Acre

10.95 $0.22
1 10%
$2.65
22%
Legal and
Emergency Fund
Violation/Remediation - one time fee
Fee
0 Project
Accounting
Setup and Maintain
L. Hours
2 $110.00
1 10%
$242.00
22%

Page 4 of 6 ends

Page 1053 of 1627 ends

21914032.1/203002.0044

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Beaumont Crossroads III PAR v.04
BeaCrs04
Task
Specific Description
Unit
#of
Units
Cost per
Unit
Freq
(Yrs)
Contin
(%)
Subtotal
Admin
(°/0)
Vehicle & Field Equipment
Camera Digital
Semi-annual
Item
2 $10.00
1 10%
$22.00
22%
GPS Handheld
Unit
Semi-annual
Item
2 $10.00
1 10%
$22.00
22%
Vehicle
Vehicle Mileage
Mile
300
$0.58
1 10%
$191.40
22%
Subtotal: $19,893.96
Administration: $1,714.67
Total: $21,608.63

Page 5 of 6 ends

Page 1054 of 1627 ends

21914032.1/203002.0044

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B Beaumont Crossroads III PAR v.04
I I . Financial Summary
Item Description
BeaCrs04
Total
Financial Requirements —Initial and Capital
Management Costs
Contingency Expense
Administrative
Total Costs
$110,214
$6,371
$5,860
$122,446
Financial Requirements —Perpetual

1. Average Annual Perpetual Costs
Management Costs
Contingency Expense
Administrative
Total Costs

2. Endowment
Endowment to Produce Income of $21,609
Stewardship costs are based on 3.5% of endowment earnings per year Total Funding Required
Includes Initial and Capital Total Cost plus Endowment
$18,085
$1,809
$1,715
$21,609
$617,389
$739,835

Page 6 of 6 ends

Page 1055 of 1627 ends

21914032.1/203002.0044

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B EXHIBIT "G"

RLC ENDOWMENT CERTIFICATION
Conservation Endowment Certification
(Cal. Gov. C. 65968(e))
Pursuant to California Government Code section 65968(e), Rivers & Lands Conservancy, a California non-profit public benefit corporation ("RLC") certifies that it meets all of the following requirements.

1. RLC has the capacity to effectively manage each Endowment Fund;

2. RLC has the capacity to achieve reasonable rates of return on the investment of each Endowment Fund similar to those of other prudent investors for endowment funds and shall manage and invest each Endowment Fund in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances, consistent with UPMIFA;

3. RLC utilizes generally accepted accounting practices (GAAP) as promulgated by the Financial Accounting Standards Board or any successor entity for nonprofit organizations;

4. RLC will be able to ensure that each Endowment Fund is accounted for, and tied to the Property; and

5. RLC has an investment policy that is consistent with the UPMIFA. 51157782.1/203513.0124

Page 1056 of 1627 ends

Docusign Envelope ID: D0729B44-A6D5-4254-B11A-196E9EFA748B

EXHIBIT C

AGENCY AND REPRESENTATION LETTER
(Beaumont Crossroads Conservation Easement Area)
, 2025
To Whom It May Concern:

The City of Beaumont, a general law city ("City"), owns approximately 6.26 acres in the County of Riverside, California, designated as Assessor's Parcel Number 424-010-007, which parcel is located within the Hidden Canyon Specific Plan area ("City Property"). Beaumont Crossroads Logistics II Park Association, a California non-profit mutual benefit corporation owns Assessor's Parcel Numbers 424-010-015 and 424-010-018, which are also within the Hidden Canyon Specific Plan ("BCL Property").

The City Property and BCL Property must comply with the requirements of that certain Habitat Mitigation and Monitoring Plan dated September 1, 2016 ("HMMP").

For matters of economy and efficiency, City and BCL have agreed that BCL shall have the right to represent City in satisfying the conditions of the HMMP relating to (i) the Conservation Easement, (ii) the Endowment Agreement and (iii) any other requirements necessary to satisfy the requirements of the HMMP. BCL is hereby appointed as City's agent and representative for such matters.

The Rivers & Land Conservancy, the County of Riverside and any other public agencies are hereby authorized to accept BCL as our agent and representative with respect to the HMMP.

Very truly yours,

THE CITY OF BEAUMONT
By:

Elizabeth Gibbs, City Manager
Approved as to Form:

By:

City Attorney
1 BN 86947131v3

Page 1057 of 1627 ends

BAUME ONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE February 18, 2025
SUBJECT: Appointment to City Committee Vacancies
Description Interviews and selection of applicants to fill the vacancies on the Economic Development Committee, Financial and Audit Committee and Board of Administrative Appeals
Background and Analysis:

At the December 17, 2024, City Council meeting appointments were made to various positions on the City committees and commission. After the selections, there were still vacancies to be filled. The City Clerk's office re -advertised those vacancies for selection and appointment this evening. The following applications were received and have been attached.

Financial and Audit Committee
Resident Member — One vacancy
Applications received: 7
Economic Development Committee
Post Secondary Education Rep — One vacancy
Applications received: 2
Alternate Member — One vacancy
Applications received: 3
Board of Administrative Appeals
Four vacancies
No applications received
Per Beaumont Municipal Code Section 2.04.100 — Appointments to City Boards and Commissions, the selection process shall be as follows:

Page 1058 of 1627 ends

A. Members of the public may apply when a vacancy on a board or commission occurs. The City Council will conduct interviews of applicants at a City Council meeting once a sufficient number of applications have been received.

B. Upon completion of applicant interviews, Council Members may nominate applicants to be appointed to the board or commission. Once all nominations are received, a vote will be taken for each nomination beginning with the first applicant nominated. Council Members may vote multiple times if there are multiple vacancies for the board or commission.

C. If a nominee receives a majority vote from a quorum of the Council, that nominee shall be appointed to the board or commission.

Fiscal Impact:

City staff estimates the cost of preparing this report to be $215.00.

Recommended Action:

Conduct interviews followed by the selection process outlined in BMC 2.04.100 Attachments:

A. FAC Applications
B. EDC Post Secondary Applications
C. EDC Alternate Applications

Page 1059 of 1627 ends

Nicole Wheelwright
From:

Sent:

To:

Subject:
[email protected]
Tuesday, January 14, 2025 3:20 PM
Nicole Wheelwright
Online Form Submittal: Financial & Audit Committee Appointment Financial & Audit Committee Appointment
You will be contacted when the appointment process is scheduled for City Council to conduct interviews and consider appointments to the Financial and Audit Committee.

First Name Christian
Last Name Fernandez
Primary Phone
Alternate Phone Field not completed.

Home Address
Address 2 Field not completed.

Email Christian Fernandez
Occupation/Profession Financial Manager
Employer Name Department of the Air Force
Are you 18 year of age or Yes
older?
Do you reside in the City Yes
of Beaumont?
Questions
Are you aware of any No
conflicts, financial or
otherwise, which could
affect your appointment
as a Finance &Audit
Committee member?
If you answer "Yes", n/a
please explain
1

Page 1060 of 1627 ends

Qualifications - Briefly
state your
qualifications, including
any education, skill, or
background related to
finance & audit
functions
Have a Master's in Business Administration (MBA)
Current job and experience include:

Reconciles funding authorities with accounting records.

Analyzes accounting reports and financial data to identify trends for evaluating effectiveness and efficiency of activities.

Develops and compiles factors for improved planning,
programming and budgeting. Prepares budgets and execution plans and reports. Analyzes financial execution, identifies and explains variances, and prepares narrative justification to support financial requirements. Reviews financial data for accuracy and resolves discrepancies. Receives, reconciles, and distributes funding authorities. Examines funding and reprogramming actions to determine financial implications.

Reviews reimbursement program status. Performs audits and reviews as required by directives. Administers the Air Force Management Control Program. Overseeing and managing the financial operations of non -appropriated funds (NAF) on a military base, which includes activities like base exchanges, dining facilities, and recreation centers. Responsibilities include analyzing financial statements, identifying variances between budgets and actual results, and working with managers to implement corrective actions. The position ensures compliance with financial policies, conducts regular reviews of NAF and appropriated fund budgets, and performs audits and internal control reviews. Additionally, the role involves monitoring cash control, overseeing inventories, and managing financial aspects of various NAF-related programs. The individual is also responsible for reviewing employee time and attendance
records, coordinating financial studies, and participating in the review of special requests and budget submissions. Key tasks include monthly and annual financial analysis of NAF and appropriated funds, conducting internal control reviews and audits, reviewing financial reports and budget submissions, overseeing NAF-related programs like vending, lodging, and morale & welfare activities, ensuring compliance with financial guidelines and resolving discrepancies. Utilizes financial management decision support techniques to deliver sound financial advice to all levels of leadership.

Additional Information
Resume
Additional Information
Field not completed.

Field not completed.

Email not displaying correctly? View it in your browser. 2

Page 1061 of 1627 ends

Nicole Wheelwright
From:

Sent:

To:

Subject:
[email protected]
Saturday, January 18, 2025 6:19 AM
Nicole Wheelwright
Online Form Submittal: Financial & Audit Committee - Jan 2025 Financial & Audit Committee - Jan 2025
This recruitment will remain opened until filled.

First Name Darneisha
Last Name Beeler
Primary Phone
Alternate Phone Field not completed.

Home Address
Address 2 Beaumont 92223
Email
Occupation/Profession VP Community Manager
Employer Name JPMorgan Chase
Are you 18 year of age or Yes
older?
Do you reside in the City Yes
of Beaumont?
Questions
Are you aware of any No
conflicts, financial or
otherwise, which could
affect your appointment
as a Finance &Audit
Committee member?
If you answer "Yes", I am not aware of any conflicts
please explain
1

Page 1062 of 1627 ends

Qualifications - Briefly
state your
qualifications, including
any education, skill, or
background related to
finance & audit
functions
I bring 26 years of experience in the financial services industry, including 13 years as a branch manager, where I was directly responsible for managing the Profit & Loss (P&L) statements, budgeting, and achieving operational targets. My extensive career has equipped me with deep knowledge of financial operations, regulatory compliance, and audit processes.

As a branch manager, I developed and implemented financial strategies that drove growth while maintaining strict oversight of costs and risks. I also conducted regular audits to ensure compliance with internal policies and external regulations, fostering a culture of accountability and transparency.

Throughout my career, I have demonstrated strong analytical and problem -solving skills, coupled with a commitment to financial integrity and effective decision -making. I am confident my extensive background in financial management and
auditing would make me a valuable asset to the City of
Beaumont's Financial & Audit Committee.

Additional Information
Resume
Additional Information
Darneisha Beeler, Professional Resume(2).pdf
Field not completed.

Email not displaying correctly? View it in your browser. 2

Page 1063 of 1627 ends

•
m
0 CONTACT:

O Beaumont, California
O Linkedin_com/in/darneishabeeler
EXPERTISE:

Visionary/Strategic Leadership
Operational Excellence
Continuous Process Improvement
Financial Stewardship
Financial Reporting& Metrics
Business Growth Strategies
Partnership Development
Community Engagement
Mission Driven Advocacy
Team Management & Collaboration
Customer Relationship Management
Project Management
Business Relations
Risk Management
Business Planning
Public Speaking
Strategic Planning

DARNEISHA BEELER

EXECUTIVE OFFICER
VALUE PROPOSITION:

A dynamic and results -driven financial services professional with an extensive track record of success in the banking industry. Skilled in financial analysis, strategic planning, and operational oversight, I specialize in driving profitability, ensuring regulatory compliance, and fostering fiscal accountability. With a strong commitment to community development and financial stewardship, I am passionate about supporting initiatives that empower local communities and promote economic growth. My collaborative leadership style and keen attention to detail position me to deliver impactful contributions to the City of Beaumont's Financial & Audit Committee.

PROFESSIONAL EXPERIENCE:

VICE PRESIDENT I COMMUNITY MANAGER
J.P_ MORGAN CHASE I September 2021 - Present
• Oversee a territory encompassing 8 cities and 13 retail branches, ensuring strategic management and alignment with organizational goals_ • Partner with Global Philanthropy to ensure a unified approach to community events and cultivate community relationships through proactive outreach and engagement initiatives_
• Design and implement localized programming, including Financial Health Workshops, within branch locations and drive community involvement through targeted business development calls_
• Collaborate with internal stakeholders to enhance customer engagement and facilitate referrals and champion a culture of inclusivity by supporting employee development initiatives_
• Coordinate and maintain a community engagement calendar, facilitating regular financial health workshops_

VICE PRESIDENT I BRANCH MANAGER
J_P_ MORGAN CHASE (January 2011 - September 2021
• Responsible for the meticulous oversight of daily activities within a substantial retail bank branch, boasting assets and investments exceeding $280 million_
• Demonstrated consistent growth in deposit and investment balances, achieving an annual increase of $20 million
• Appointed to spearhead operations at a pivotal branch crucial to the overarching success of the organization_
• Led the recruitment, training, and mentorship of a proficient banking team and fostered strategic business alliances resulting in continuous positive year -over -year outcomes_
• Effectively transitioned the prevailing sales culture from a transaction -centric model to one emphasizing relationship cultivation and prioritizing superior customer experiences.

Page 1064 of 1627 ends

•
CERTIFICATES:

Certificate:

Psychoiogy of Leadership
Cornell University - Ithaca, NY
May 2019
Certificate:

High -Performance Leadership
Cornell University - Ithaca, NY
June 2018
AFFILIATIONS:

Site Lead for Business
Resource Group: Black
Organization for Leadership
Development
Member of the Following
Business Resource Groups:

Women on the Move
PRIDE
Adelante (Spanish forward
group)
Member of Lift to Rise
Darneisha Beeler

CHIEF EXECUTIVE OFFICER
PROFESSIONAL EXPERIENCE: continued

STORE MANAGER
Wells Fargo Bank, NA_ I January 2005 - May 2011
• Directed and optimized branch operations, implementing ongoing enhancements across all facets_
• Fostered employee growth through proactive development initiatives, facilitating internal promotions within management ranks_ • Acted as the bank's ambassador at community functions, fostering robust connections and advancing business interests_
• Leveraged current data to inform judicious decisions governing operational strategies_
• Maintained rigorous adherence to bank protocols governing loans, financial transactions, and legal compliance_

Page 1065 of 1627 ends

Nicole Wheelwright
From:

Sent:

To:

Subject:
[email protected]
Saturday, January 18, 2025 6:30 PM
Nicole Wheelwright
Online Form Submittal: Economic Development Committee Alternate Member - Jan 2025
Economic Development Committee Alternate Member - Jan 2025 This recruitment will remain open until filled.

First Name Felix
Last Name Tafoya
Primary Phone
Alternate Phone Field not completed.

Home Address
Address 2 Field not completed.

Email
Occupation/Profession Founder of Scoop Legends
Employer Name Scoop Legends
Are you 16 year of age or Yes
older?
Do you represent a local Yes
business or industry
within the limits of the
City of Beaumont?
Questions
Are you aware of any No
conflicts, financial or
otherwise, which could
affect your appointment
as an Economic
Development
Committee member?
1

Page 1066 of 1627 ends

If you answer "Yes",
please explain
I am not aware of any conflicts, financial or otherwise, that could affect my ability to serve as a member of the Economic Development Committee. I am committed to serving the
community with integrity and transparency.

Qualifications - Briefly
state your
qualifications, including
any education, skill, or
background related to
economic development
functions
I bring over a decade of diverse professional experience, including four years as a Crew Leader with the California Conservation Corps, where I managed environmental and
community projects. As the founder of Scoop Legends, I've gained extensive experience in business operations, customer relations, and community engagement. Additionally, my
education in Computer Science equips me with modern
problem -solving and technical skills to support economic development initiatives effectively
Additional Information
Resume
Additional Information
Felix Tafova Resume 2025.pdf
Field not completed.

Email not displaying correctly? View it in your browser. 2

Page 1067 of 1627 ends

Felix Tafoya
Beaumont, CA
Professional Summary
Entrepreneur and dedicated leader with a diverse background in business management, environmental conservation, healthcare, and security. Served as a Crew Leader with the California Conservation Corps, fostering teamwork, leadership, and project management skills. Currently pursuing a degree in Computer Science and running a successful local business, committed to promoting sustainability and supporting the economic growth of the Beaumont community.

Professional Experience
Founder & Owner I Scoop Legends, Beaumont, CA 12024 - Present - Established and manage a thriving pet waste management business, offering eco-friendly solutions to local residents.
- Oversee daily operations, client relations, and strategic business development. - Provide additional services, including pet sitting and horse stall cleaning, to address community needs. - Utilize biodegradable sanitation systems to promote environmental responsibility and safety.

Security Officer I Blackstone Consulting Inc., Riverside, CA 1 2020 - 2023 - Delivered professional security services for government and private facilities, ensuring safety and operational efficiency.
- Developed strong crisis management, attention to detail, and operational coordination skills. - Collaborated with team members to resolve conflicts and enforce safety protocols.

Corpsmember & Crew Leader I California Conservation Corps, Greenwood, CA 1 2015 - 2019 - Served four years, advancing to Crew Leader, overseeing teams in environmental conservation and community projects.
- Led and trained crews on fire prevention, trail maintenance, and habitat restoration. - Coordinated with project managers and stakeholders to plan and execute large-scale initiatives.

Dental Assistant I Western Dental, Banning, CA 1 2011 - 2015

Page 1068 of 1627 ends

Felix Tafoya
Beaumont, CA
- Assisted dentists during procedures, ensuring patient comfort and efficient operations. - Managed patient records, scheduling, and administrative tasks with a focus on accuracy. - Built strong interpersonal skills in a fast -paced healthcare environment.

Education
- Computer Science (In Progress) I Mt. San Jacinto College (MSJC), 2025 - High School Diploma I Banning High School
Skills
- Leadership and team management
- Business operations and development
- Crisis management and conflict resolution
- Environmental sustainability and resource management
- Healthcare and customer service experience
- Computer science and technology foundations
- Strategic planning and execution
Additional Information
- Experienced leader with a commitment to fostering local economic growth and sustainability. - Extensive background in conservation, security, healthcare, and business operations.

Page 1069 of 1627 ends

Nicole Wheelwright
From:

Sent:

To:

Subject:
[email protected]
Sunday, January 19, 2025 8:51 AM
Nicole Wheelwright
Online Form Submittal: Financial & Audit Committee - Jan 2025 Financial & Audit Committee - Jan 2025
This recruitment will remain opened until filled.

First Name Joseph
Last Name Amaro
Primary Phone
Alternate Phone Field not completed.

Home Address Beaumont, CA 92223
Address 2 Field not completed.

Email
Occupation/Profession Estimator
Employer Name Inland Building Construction Companies, Inc.

Are you 18 year of age or Yes
older?
Do you reside in the City Yes
of Beaumont?
Questions
Are you aware of any No
conflicts, financial or
otherwise, which could
affect your appointment
as a Finance &Audit
Committee member?
If you answer "Yes", N/A
please explain
1

Page 1070 of 1627 ends

Qualifications - Briefly
state your
qualifications, including
any education, skill, or
background related to
finance & audit
functions
I've worked in tax consulting which included reconciling accounts and managing multiple account and monitoring them for clients. I currently work as an estimator helping our team put together budgets for public works projects which primarily focus on schools.

Additional Information
Resume
Additional Information
Field not completed.

Field not completed.

Email not displaying correctly? View it in your browser. 2

Page 1071 of 1627 ends

Nicole Wheelwright
From:

Sent:

To:

Subject:
[email protected]
Monday, January 20, 2025 8:14 AM
Nicole Wheelwright
Online Form Submittal: Financial & Audit Committee - Jan 2025 Financial & Audit Committee - Jan 2025
This recruitment will remain opened until filled.

First Name Jared
Last Name Nassaney
Primary Phone
Alternate Phone Field not completed.

Home Address , Beaumont, CA 92223
Address 2 Field not completed.

Email
Occupation/Profession CPA, Consulting, Fund Administration Employer Name Standish Management
Are you 18 year of age or Yes
older?
Do you reside in the City Yes
of Beaumont?
Questions
Are you aware of any No
conflicts, financial or
otherwise, which could
affect your appointment
as a Finance &Audit
Committee member?
If you answer "Yes", N/A
please explain
1

Page 1072 of 1627 ends

Qualifications - Briefly
state your
qualifications, including
any education, skill, or
background related to
finance & audit
functions
Licensed CPA, Master Degree in Accounting, BS in Finance, 10+ years working accounting and finance.

Additional Information
Resume Jared Nassaney Resume 2025.pdf
Additional Information Field not completed.

Email not displaying correctly? View it in your browser. 2

Page 1073 of 1627 ends

ABED NASSANEY, CPA
• ]inkedin.com/in/jarednassaney/

PROFESSIONAL EXPERIENCE
Standish Management, LLC, Los Angeles, CA
Engagement Manager — Private Equity and Venture Capital January 2021— Present • Conducted the timely preparation, review, and distribution of annual and quarterly reporting of financial statements, partners' allocations, performance metrics, and capital account statements fora portfolio of clients consisting of 35+ entities with a combined AUM of $2+ billion. • Approved and executed the calculations and related notices of investor capital calls and distributions. • Reviewed and approved fund calculations including partners' allocations, carried interest, management fees, and fund performance metrics.
• Analyzed and interpreted limited partnership agreements, subscription agreements, and side letters to ensure proper treatment of partner economics.
• Oversaw the day-to-day activity of various client engagement teams to ensure timely responses to limited partner inquiries, ad -hoc requests, and processing of fund payments for investments and expenses. • Managed the treasury function for various funds including monitoring cash balances, wire preparation and reviewal, and line of credit advances and repayments.
• Supervised client year-end audit and tax preparation process including the review of tax returns, tax work - papers, and Schedule K-1 s.
• Managed the relationship with each client's audit and tax teams including leading weekly calls to ensure timely distribution of the Audited Financial Statements and investor Schedule K-ls. • Responded to inquiries from clients related to the accounting treatment of a fund's activity. • Reviewed and approved all general partner and limited partner related correspondence. • Supervised the preparation and distribution of fund 1099 -NEC and 1099-MISC tax forms. • Received early promotion from Fund Controller to Engagement Manager. • Served as the recruiting lead for the Southern California region. • Mentored, managed, and trained junior members of engagement teams including Interns, Associates, Senior Associates and Fund Controllers.

RSM US LLP, Los Angeles, CA
TAS FDD & Deal Advisory Consultant — M&A Transaction Advisory July 2019 — January 2021 • Analyzed financial and operational results of businesses to be acquired or sold, normalized financial data, and provided working capital assistance.
• Participated in executive level meetings to obtain pertinent information for financial analysis. • Assisted clients in identifying pre- and post -acquisition transaction issues. • Contributed to the writing of a findings -based report detailing the quality of earnings, key performance indicators, and working capital of the target.
• Awarded highest year-end performance rating.

Standish Management, LLC, Woodland Hills, CA
Senior Fund Associate — Alternative Investments June 2017 — July 2019 • Consistently met quarterly de Mines while preparing the financial reports and ad hoc requests for genera] partners of 6 venture capital and 2 private equity funds with committed capital in excess of $600M. • Prepared the calculations and investor correspondences for capital calls, distributions, and allocations to ensure the accuracy of limited partners' capital account information. • Collaborated with auditors during the preliminary and year-end audit processes to align all the financial activity with the regulations of GAAP.

Page '07L o- '627

HCVT, Westlake Village, CA
Seasonal Auditor — Low Income Housing January 2017 — March 2O17 • Conducted comprehensive financial audits and agreed upon procedures for real estate and low-income housing projects.
• Performed internal controls and variance analyses to detect unusual financial statement relationships. • Documented audit procedures and proposed adjusting journal entries for the 2017 audit busy season.

Paramount Pictures, Hollywood, CA
Financial Planning & Analysis — Overhead Planning Group June 2016 — December 2016 • Assisted with the $12 million IT Capital Budget and $41 million overhead budget for the 2017 fiscal year. • Prepared 12 -month trends for worldwide cost centers relating to Paramount's 2017 overhead budget. • Created presentation decks for Paramount's managers.

SKILLS AND COMPETENCIES
• PE/VC Fund Administration
• Partnership Agreements
• Operations Management
• Cash Management
• U.S. GAAP
• Financial Reporting
• Compliance Reporting
• Partnership Accounting
• Investment Accounting
• Fund Performance Metrics
• Budgeting & Planning
• GP/LP Relationships

EDUCATION AND CREDENTIALS
IJcensure:• Certified Public Accountant (CPA), California Board of Accountancy Master of Professional Accountancy
University of California, Irvine, The Paul Merage School of Business — Irvine, CA Bachelor of Science in Finance I Minor: Writing and Rhetoric California State University, Northridge — Northridge, CA Page ' 075 o- ' 627

Nicole Wheelwright
From:

Sent:

To:

Subject:
[email protected]
Wednesday, January 15, 2025 10:39 AM
Nicole Wheelwright
Online Form Submittal: Financial & Audit Committee - Jan 2025 Financial & Audit Committee - Jan 2025
This recruitment will remain opened until filled.

First Name Miriam
Last Name Marquez
Primary Phone
Alternate Phone Field not completed.

Home Address
Address 2 Field not completed.

Email
Occupation/Profession Title Tech
Employer Name County of Riverside
Are you 18 year of age or Yes
older?
Do you reside in the City Yes
of Beaumont?
Questions
Are you aware of any No
conflicts, financial or
otherwise, which could
affect your appointment
as a Finance &Audit
Committee member?
If you answer "Yes", N/A
please explain
1

Page 1076 of 1627 ends

Qualifications - Briefly
state your
qualifications, including
any education, skill, or
background related to
finance & audit
functions
University of Redlands
Master of Science,
Organizational Leadership
December 2021
California State University, San Bernardino
Bachelor of Arts,
Business Management
December 2014
San Bernardino Valley College
Associates of Arts,
Liberal Arts
May 2009
Associates of Arts,
Accounting
August 2023
Additional Information
Resume
Additional Information
Miriam Newest Res 24.pdf
Field not completed.

Email not displaying correctly? View it in your browser. 2

Page 1077 of 1627 ends

Nicole Wheelwright
From:

Sent:

To:

Subject:
[email protected]
Thursday, January 23, 2025 12:44 PM
Nicole Wheelwright
Online Form Submittal: Financial & Audit Committee - Jan 2025 Financial & Audit Committee - Jan 2025
This recruitment will remain opened until filled.

First Name Maria
Last Name Velarde-Crist
Primary Phone
Alternate Phone
Home Address
Address 2
Email
Occupation/Profession Retired
Employer Name NA
Are you 18 year of age or Yes
older?
Do you reside in the City Yes
of Beaumont?
Questions
Are you aware of any No
conflicts, financial or
otherwise, which could
affect your appointment
as a Finance &Audit
Committee member?
If you answer "Yes", N/A
please explain
1

Page 1078 of 1627 ends

Qualifications - Briefly
state your
qualifications, including
any education, skill, or
background related to
finance & audit
functions
Bachelors in business
2 masters counseling/education
Organizational development
Past board member of Madera Unified
Retired
Additional Information
Resume
Additional Information
Field not completed.

Field not completed.

Email not displaying correctly? View it in your browser. 2

Page 1079 of 1627 ends

Nicole Wheelwright
From:

Sent:

To:

Subject:
[email protected]
Saturday, January 25, 2025 9:48 AM
Nicole Wheelwright
Online Form Submittal: EDC Post Secondary Education Representative Member - Jan 2025
EDC Post Secondary Education Representative Member - Jan 2025
This recruitment will remain open until filled.

First Name
Last Name
Primary Phone
Alternate Phone
Home Address
Address 2
Email
Occupation/Profession
Employer Name
Are you 16 year of age or
older?
Frank
Argumedo
Field not completed.
, Beaumont, CA 92223
Field not completed.

Field not completed.

Yes
Do you represent a local
business or industry
within the limits of the
City of Beaumont?
Yes
Questions
Are you aware of any
conflicts, financial or
otherwise, which could
affect your appointment
as an Economic
No
1

Page 1080 of 1627 ends

Development
Committee member?
If you answer "Yes",
please explain
No
Qualifications - Briefly
state your
qualifications, including
any education, skill, or
background related to
economic development
functions
Veteran United States Marine Corps Infantry 2013-2017
Bachelors in Sociology from the University of Arizona minor in Spanish (Fluent in Spanish)
Masters Degree Higher and Post Secondary Education from Arizona State University
Worked in Higher Education since 2018. Working at the
University of Arizona, Arizona State University, Colorado State University and Grand Canyon University.

Worked in developing fundraisers for local non profits through University efforts.

Managed budget and purchases for student organizations
Additional Information
Resume
Additional Information
Frank Arcumedo Resume.docx
Field not completed.

Email not displaying correctly? View it in your browser. 2

Page 1081 of 1627 ends

FRANK ARGUMEDO
■

COORDINATOR
OFFICE COORDINATION • CRITICAL THINKING • RELATIONSHIP BUILDING Expertise in driving operations to ensure the attainment of organizational goals Energetic professional with experience providing customer service in fast -paced environments. Self -motivated with exceptional ability to manage both staff and office issues exercising tact and good sense. Apply advanced critical thinking skills in a working environment where multi -tasking skills are essential. Seeking to forge a long-term relationship with an organization that values integrity and a positive attitude. Possess a strong commitment to team environment and efficiently work under pressure and within appropriate time allotments. Fluent in Spanish, oral and written. Proficient with Word, Excel, PowerPoint, and Outlook 5 years of experience working with and/or leading students in a college setting.

Core Competencies:

Operational Leadership • Strategic Planning • Training & Development • File Management Customer Service • Project Coordination • Process Improvement • Data Entry • Relationship Development Organizational Effectiveness • Resource Management • Event Management • Time Management

EDUCATION
ARIZONA STATE UNIVERSITY, Tempe, AZ
Master's Degree in Higher & Postsecondary Education (2020) UNIVERSITY OF ARIZONA, Tucson, AZ
Bachelor's Degree in Sociology; Minor in Spanish (2019)

PROFESSIONAL EXPERIENCE
Grand Canyon University, Phoenix, AZ 2023- 2024
Accreditation Administrator- Office of Academic Compliance The Accreditation Administrator oversees all accreditation for the College of Nursing. This role provides support and interpretive guidance on accreditation standards to higher education institutions and evaluators before, during, and after on -site evaluation visits to assess compliance with the Standards of Accreditation. Prepared documents must be perfect to submit to the board in order to keep all courses in the College of Nursing accredited for students in attendance. • Coordinate all aspects of the accreditation process for assigned school visits, including but not limited to scheduling visits, developing teams, preparing materials, providing administrative support for visit meetings, editing reports, maintaining records, and responding to inquiries.
• Evaluate school documentation for compliance with established standards, as well as provide consultative guidance and feedback to schools with respect to the application of standards at the practical level. • Provide assistance to volunteers and Commissioners during their accreditation meetings related to their decision -making. • Prepare draft correspondence (Commission Action Letters) to schools summarizing the Commission's accreditation decisions.

Page 1082 of 1627 ends

• Assist with additional accreditation initiatives, determined through consultation with their supervisor, based on organizational need and the coordinator's skills and interests.

Colorado State University, Fort Collins, CO 2022- 2023
Coordinator Student Engagement- University Housing
The Coordinator for Student Engagement is responsible for fostering an environment conducive to both personal and professional growth for students, and achieving the objectives of a successful University Housing program that connects to the academic mission of CSU. This position oversees the programmatic aspects of a comprehensive student engagement and student leadership program for residential communities. Primary responsibilities include:
coordinating and implementing a student engagement and student leadership program, advising student and residential organizations, including advising Residence Hall Association and National Residence Hall Honorary; providing leadership for fostering and supporting inclusive residential communities; and serves as a liaison to campus partners related to student engagement and leadership. • Supervision of various levels of staff
• Experience advising student organizations
• Experience working with people from a broad diversity of backgrounds • Experience with analyzing and resolving conflict, team building, group dynamics • Demonstrated ability for problem solving
• Demonstrated ability to establish and maintain collaborative working relationships • Experience with managing budgets and fiscal processes • Experience with residential communities in college/university setting • Experience serving in several hiring committees up to the assistant director level Arizona State University, Phoenix, AZ 2021- 2022
Community Director- University Housing
Engaged in the management of residential communities and responsible for activating a First Year and Second Year Residential College and Beyond Experience for live -on communities. Helped run a residence hall with about 1300 students. Supervised 12 student staff and conducted training upon arrival in order for them to be successful Community Assistants. Conducted a duty rotation where calls include conduct and crisis response. Knowledge of supervisory practices and principles; supervisory skills. Knowledge of crisis intervention strategies; helping skills with Student Advocacy. Understanding of and commitment to intercultural competency and a diverse campus community.

Effective oral and written communication skills; ability to communicate effectively with individuals from a variety of culturally diverse backgrounds. Knowledge of administrative practices; organizational skills. Ability to work independently and meet multiple task deadlines. Duties include the following:
• Adjudicating student conduct hearings and assign developmental sanctions for policy violations • Experience working with vendors and abiding by allocated budget. • Integral interviewer of candidates and providing feedback during the hiring process of Community Assistants

Page 1083 of 1627 ends

• Student Engagement by helping Student Staff create events for residents • Advising the Residence Hall Association and The Asian American Association • Working with Housing Assignment Services to work with room transfers and mediate roommate conflict. • Leadership and role modeling
• Community development
Arizona State University, Phoenix, AZ 2019 - 2021
Coordinator - Clubs and Organizations, Student Engagement Dean of Students DPC and Residential Life Managing daily operations and overseeing over 90 Clubs and Organizations at Arizona State's Downtown Phoenix Campus. Advises two different clubs and supervises over 10 student employees in different desk positions. Serves as a branch administrator for the online portal where clubs live, which is on SunDevilSync Engage. Handles club updates, registrations and troubleshooting issues. Conducts and leads event initiatives university -wide for Student Engagement and Heritage Month celebrations. Communicates via email to parents, students, and other university affiliates.

Develops and distributes marketing for events university -wide, due to prior experience in internship with EOSS Marketing. Developed the student handbook for advisors, developed training for advisors and was involved in the development of a curriculum for Leadership and Development. Knowledge of supervisory practices and principles; supervisory skills.. Effective oral and written communication skills; ability to communicate effectively with individuals from a variety of culturally diverse backgrounds. Knowledge of administrative practices; organizational skills. Ability to work independently and meet multiple task deadlines. Ability to establish and maintain effective student and staff relationships. Knowledge of student development theory and practice. • Conducted and led Involvement Fairs with over 700 attendees involving hundreds of clubs and organizations both virtual and in person.
• Experience working with vendors and abiding by allocated budget. • Integral interviewer of candidates and providing feedback during the hiring process. • Served as advisor for the Asian American Association, which a cultural club on the Phoenix Campus. • Served as advisor for Inferno Insiders, which a club that conducts game day operations to establish affinity on campus.
• Developed and led both workshops for clubs and advisors. • Cross collaboration with different ASU campuses.
• Student Advocacy and Assistant during COVID-19 pandemic.

UNIVERSITY OF ARIZONA, Tucson, AZ 2018 - 2019
Office Coordinator - Housing & Residential Life Off -Campus Housing Answer and respond to phone calls from parents and students regarding off -campus housing, providing exceptional customer service. Create and input forms through Excel. Coordinate with various properties featured through the Featured Lister's Program. Assist with troubleshooting technical issues with website. Communicate via email to parents, students, and other university affiliates. Help create housing listings and provide information to companies for advertisements. Receive, process, and deposit checks. Monitor budget and inform supervisor of status. • Conduct and lead monthly Housing Fairs on campus with 800 to 1,000 attendees, involving collaborating with 25 properties, handing out flyers, and interacting with students and families. • Integral participant in the interviewing of candidates and providing feedback during the hiring process. • Worked with students removed from housing and different conduct cases.

UNITED STATES MARINE CORPS, Marine Corps Base Hawaii, HI 2013 - 2017 Infantry Rifleman / Lead

Page 1084 of 1627 ends

Documented and processed classified materials. Led training exercises while serving as team leader for up to 5 people.

Supervised live fire events. Performed office administrative duties, including, making calls, generating paperwork, and maintaining files. Completed multiple oversea deployments. • Recipient of Good Conduct Medal for three years of exhibiting violation -free and infraction -free behavior. • Maintained 100% accountability of all assigned equipment (all team and squad - rifles and night vision goggles, equipment in backpacks) worth $100K+.

Arizona State University, Phoenix, AZ 2020 - 2022
Muay Thai Instructor
Instructed students at the Sun Devil Fitness and Wellness center by conducting and leading group fitness classes. The group fitness classes are designed to teach students the art of Muay Thai, self-defense and empowerment. • CPR Certified
• Instructed both virtual and in -person
Committees
• Hispanic and Latinx Heritage Month Committee 2020 - 2021 • Native American Heritage Month Committee 2019 - 2021
• Inferno Insiders Advisors Committee 2020 - 2021
• Leadership Development Pilot Committee 2020 - 2021
• ENGAGE! Virtual Org Fair University -Wide Planning Committee 2020 - 2021 • Interfaith Harmony Week Committee 2019 - 2021
• Culture Fest Planning Committee 2020 - 2021
• Pitchfork Awards Planning Committee 2020 - 2021
• Residential Director Hiring Search Committee 2022 - 2022 • Coordinator of Diversity and Inclusion Search Committee 2022 - 2022 • Assistant Director for Training and Selection Search Committee 2023 - 2023 Awards
• AP Star Award (Colorado State University -Campus Wide): The AP Star Award was created to express appreciation by recognizing the accomplishments of administrative professional employees who have demonstrated outstanding individual performance at CSU. The goal is to recognize APs who make a difference and "shine" in the CSU community.
• Pat Tillman's Veterans Honor Ro11 Recipient (Arizona State University): To recognize those who have gone above and beyond to support members of our student veteran and military community. • SUN Award (3) (Arizona State University): It is a thoughtful, positive way to honor an employee for supporting university goals. Faculty, staff and students can win this award by demonstrating individual excellence.
• Good Conduct Medal (Marine Corps): Three years of exhibiting violation -free and infraction -free behavior.

Page 1085 of 1627 ends

Nicole Wheelwright
From:

Sent:

To:

Subject:
[email protected]
Monday, January 13, 2025 9:46 PM
Nicole Wheelwright
Online Form Submittal: EDC Post Secondary Education Representative Member - Jan 2025
EDC Post Secondary Education Representative Member - Jan 2025
This recruitment will remain open until filled.

First Name LISANDRA
Last Name PATIN
Primary Phone
Alternate Phone Field not completed.

Home Address
Address 2 Field not completed.

Email
Occupation/Profession Field not completed.

Employer Name Field not completed.

Are you 16 year of age or Yes
older?
Do you represent a local No
business or industry
within the limits of the
City of Beaumont?
Questions
Are you aware of any No
conflicts, financial or
otherwise, which could
affect your appointment
as an Economic
1

Page 1086 of 1627 ends

Development
Committee member?
If you answer "Yes",
please explain
I am not aware of any conflicts, financial or otherwise, that could affect my appointment as a member of the Economic Development Committee for the City of Beaumont. I am
committed to maintaining transparency and ensuring my
participation aligns with the City's vision and objectives for economic development.

Qualifications - Briefly
state your
qualifications, including
any education, skill, or
background related to
economic development
functions
I hold a Master of Business Administration (MBA) and a
Bachelor of Science in Business Management Technology,
which have provided me with a strong foundation in business strategy, organizational management, and economic analysis.

My professional background includes over 14 years of
experience in workforce development, training program design, and stakeholder engagement, with a focus on aligning
initiatives to community and organizational goals.

As a Senior Faculty Training & Development Specialist, I collaborated with leaders to design programs that enhanced workforce readiness and educational outcomes, directly
supporting local economic growth. My experience as a
Business Analyst further honed my skills in budget
management, data analysis, and strategic planning, all critical components of effective economic development initiatives.

Additionally, I am deeply invested in the City of Beaumont and its future, both professionally and personally. My skills in fostering collaboration, managing resources, and leveraging data to inform decision -making align with the Economic Development Committee's goals of fostering growth and
creating opportunities for the community.

Additional Information
Resume
Additional Information
Patin.Lisandra.Resume.pdf
Field not completed.

Email not displaying correctly? View it in your browser. 2

Page 1087 of 1627 ends

LISANDRA PATIN

BEAUMONT, CA
LI N KEDI N. CO M/I N /LISAN D RAPATI NI
Transforming Organizational Performance Through Strategic Learning, Operational Excellence, and Data -Driven Solutions

AREAS OF EXPERTISE
+� Leadership and Strategic Planning
✓ Data -Driven Decision Making
• Cross -Functional Team Leadership
• Quality Assurance and Process Improvement
• Advanced Stakeholder Engagement and
Communication

CAREER HIGHLIGHTS
• Expertise in Educational and Healthcare Industry
Dynamics
• Proficiency in CampusNexus/Anthology, Adobe
Creative Suite, Microsoft Suite, PowerBi, JIRA,
Service Desk
Strategic Project Management: Successfully managed over 180 projects, implementing innovative workflows and custom dashboards that enhanced operational efficiency and reduced reconciliation discrepancies by 15%.

Impactful Learning Solutions: Designed and delivered tailored training programs, leveraging advanced e -learning tools to boost employee engagement and improve performance by 20%.

Data -Driven Decision -Making: Developed and maintained comprehensive reporting systems, providing actionable insights that supported executive leadership in aligning business objectives with operational performance.

Financial Optimization: Directed the strategic planning and analysis of a S10M investment portfolio, employing advanced financial models to optimize resource allocation and reduce risk exposure.

PROFESSIONAL EXPERIENCE
Sr. Faculty Training & Development Specialist, West Coast University, Irvine, CA I March 2023 — December 2024 Develop and deliver engaging training programs for faculty, leveraging cutting -edge instructional technologies and methodologies.

Collaborate with academic leaders to optimize !earning solutions and drive faculty professional development initiatives. Develop courses, content, and assets in/for the LM5 for department projects, courses. • Collaborate with academic leaders to analyze needs for instructional technology training and development. • Provide leadership when advocating for the effective use of educational technology when training and mentoring faculty and academic leaders.
• Provide expertise and support to academic instruction through the development, presentation, and assessment of faculty training and development.
• Plan and provide training, coaching, and mentoring of faculty and other team members, and stakeholders. • Assure expected learning outcomes correspond to faculty development and training objectives and curriculum. • Coordinate the creation, maintenance, and auditing of faculty professional development reports and software, including Vector Solutions FPD.
• Serve as a resource to the manager and mentor to faculty and academic leaders in the areas of instructional methodology, pedagogy/andragogy, instructional technology, and meeting faculty expectations. Serves as an instructor or co -instructor and manages the FTC course enrollment process and evaluation. • Design and produce recordings and archives of learning assets for the Center for Excellence in Teaching and Learning. Provide support to the manager to track and distribute department assets, log faculty participation, and inventories resources related to software, Saas, websites, intranet, databases, and education technologies.

Page 1088 of 1627 ends

• Design and deliver training and development to faculty participating in face-to-face, hybrid, and/or online formats using technology tools including, but not limited to learning management systems, multimedia design software, adopted and pilot applications, communications apps, Office 365, Vector Solutions, e -Portfolios, custom multimedia presentations, web conferencing tools, plagiarism software, and assessment integrity solutions.

Business Analyst, West Coast University, Irvine, CA I March 2016 — December 2023 Streamlined operations through effective project management and data -driven decision -making. Managed IT systems, reconciled budgets, and implemented innovative technology solutions to enhance efficiency and reduce costs. • Resolved account reconciliation issues quickly and notified leadership of all issues and trends when required.

Conducted research and investigations to track inventory and maintained accounts to identify any discrepancies.

Reconciled discrepancies efficiently and in a timely manner and created a process to help avoid future discrepancies.
• Maintained IT telecom budget ordered all proper equipment for project Implementation with AT&T, Verizon, T - Mobile, Lumen, Windstream, and One Ring as well as other telecommunications companies. Assured all equipment was up to date on a day-to-day basis. Reconciled equipment and invoices. • Responsible for budgeting and forecasting, expense reporting, risk management, status reporting, and execution.
• Project Lead for various projects such as Purple Briefcase, Personal Electronic Devices, BLUE, Zoom and Mobile Attendance. Compared and analyzed the different platforms, negotiated the terms and price to align within the budget and our enhancement needs.
• Reviewed contract work, determined, and assessed compliance with applicable procurement rules and laws, and advised the subject matter expert and procurement officials regarding the implementation of the contract in accordance with contract specifications and supervisor notified of major concerns within 24 hours. • Managed IT maintenance contracts to include contractor performance and costs, contractor adherence to contract terms and conditions, deliverables, property administration, secure processing, and quality assurance reviews.
• Developed analysis scope, tasks, and strategy plans. Account for complete project lifecycle from inception to closure. Map projects for budget tracking.
• Trained and Supported associates and faculty at campuses onsite and remote. • Lead and primary contact during Implementation, rollout, and continued development of Course Evaluations along with special projects with cross -functional teams and their leadership. • Managed and maintained over 180 projects within supported system, creating multiple reports for each of the projects and completed a build out along with implementation of a dashboard for project results. Contribute to the initial site construction, control settings, determine users, permissions, understanding the detailed functionality of the tool.
• Developed and maintained strategic relationships with Career Services, Student Affairs, and Admissions to:
o Design and implement process improvements for improving quality assurance and customer service. o Significantly enhancing problem identification and fostering a culture of continuous improvement. • Communicated and troubleshooted reported issues during roll out of projects and provide weekly updates with student/faculty along with other stakeholders such as Executive directors, Deans, Program managers. • Partnered with business teams and Dev Ops to understand areas of improvement/efficiencies and built a plan to address each item as a cohesive project. Set priority of enhancement/issues and communicated changes and new features to business and IT teams.
• Monitored troubleshooting during and after hours if needed to isolate and diagnose common system problems; document system events to ensure continuous functioning. • Managed support tickets via Service Desk. Support tickets include, student account merges, student information change and adding schools.

Page 1089 of 1627 ends

Budget Analyst, Tide Pool Ventures Corporation, Redondo Beach, CA I June 2013 — February 2016 Optimized a $10M investment portfolio by conducting in-depth financial analysis and market research. Developed strategic financial reports to enhance operational decision -making and mitigate risk Directed the strategic planning and analysis of a $10 million investment portfolio, optimizing asset allocation and ensuring alignment with long-term financial goals. • Demonstrated proficiency in translating complex financial data into actionable strategies, a skill that is crucial for managing the city's fiscal planning and investments.
• Implemented rigorous risk assessment protocols to minimize financial exposure and identify lucrative investment opportunities, safeguarding assets against market volatility. This experience underscores my capability to manage and mitigate financial risks, ensuring the fiscal stability and growth of municipal resources. • Employed advanced financial software and custom spreadsheets for precise bank reconciliations, effectively preventing fraudulent activities and ensuring the accuracy of financial records. Highlighting my commitment to financial integrity and accountability, pivotal in managing public funds. • Oversaw the drafting, review, and completion of contracts and legal documents, ensuring compliance with industry standards and best practices. My attention to detail and legal acumen facilitate thorough oversight of contractual agreements and municipal procurement processes. • Fostered positive, long-term relationships with investors and business partners through strategic networking and collaborative projects, enhancing stakeholder engagement and community partnerships. This skill is vital for building consensus and fostering public -private partnerships in a municipal context. • Led market research initiatives, providing critical insights that informed investment decisions and drove portfolio growth. My ability to analyze market trends and economic indicators is essential for strategic economic development and fiscal policy formulation within the city. • Managed comprehensive financial operations, including accounts receivable, payable, and meticulous tax preparation, to enhance cash flow efficiency. Demonstrates my proficiency in overseeing complex financial systems, a necessary competence for municipal budget management. • Engaged with clients to develop and implement business solutions that leveraged market insights for competitive advantage, ensuring sustained growth and innovation. My strategic thinking and problem -solving skills are directly applicable to developing and implementing citywide strategic initiatives.

Office Manager/Notary, Suncoast Post Tension Ontario, CA I October 2010 — October 2011 Managed payroll and financial processes, ensuring accuracy and compliance. Enhanced operational efficiency by implementing streamlined administrative practices and overseeing critical documentation. • Spearheaded the adoption and utilization of Automatic Data Processing (ADP) to enhance payroll accuracy and integration, ensuring timely and error -free payroll administration. This responsibility showcases my proficiency in managing complex financial systems and improving operational processes, skills that are critical for overseeing municipal payroll and human resources functions. • Managed comprehensive financial oversight mechanisms, including audits, credit memos, check requests, and Return Merchandise Authorizations (RMA), significantly reducing financial discrepancies and elevating client satisfaction. This task highlights my ability to maintain fiscal integrity and strengthen stakeholder relationships, essential qualities for managing budgetary responsibilities and community engagement within a city administration.
• Implemented industry best practices for managing WRAP (Wrap -Up Insurance Program) paperwork and workers' compensation insurance, minimizing legal risks and financial penalties. Demonstrated a steadfast commitment to compliance and risk mitigation, ensuring adherence to regulations and safeguarding the municipality from potential liabilities.

Legal Assistant, Attlesey Storm, LLP, Tustin, CA I April 2009 - July 2010 Provided comprehensive administrative support to legal teams, ensuring accurate document preparation and case management.

Conducted detailed research to support attorneys in case development and litigation processes. • Mastered the use of Hotdocs and electronic filing systems to significantly enhance the accuracy and quality of legal document preparation, including pleadings and other essential legal documents. This experience

Page 1090 of 1627 ends

demonstrates my adeptness at utilizing technology to ensure document integrity, a skill vital for maintaining the meticulous record -keeping and documentation required in city administration. • Provided exemplary administrative support to legal teams, optimizing the collection and organization of critical documents for legal proceedings. My role in amplifying efficiency and productivity underscores my ability to facilitate smooth operations within complex environments, reflecting my potential to enhance workflow and support in city management tasks.
• Conducted detailed legal research, employing judicial databases such as Court Dockets and PACER to secure certified Trustees' Deeds and other crucial information. This task highlights my thoroughness and reliability in gathering and verifying information, crucial for informed decision -making and policy development in a municipal setting.

Litigation Assistant, Anderson, McPharlin & Conners, Los Angeles, CA I August 2008 - March 2009 Prepared and managed legal documents while coordinating schedules for attorneys and clients. Improved workflow efficiency through meticulous attention to detail and organized case management. • Utilized advanced legal software (Hotdocs) and electronic filing systems to enhance the accuracy and quality of legal document preparation and management. This experience demonstrates my capability to implement and manage efficient document handling systems, ensuring accuracy and accessibility of critical information in a municipal setting.
• Provided comprehensive administrative support to legal teams, streamlining the gathering of essential documents for legal proceedings. My role enhanced team efficiency and productivity, underlining my ability to support complex administrative tasks and improve operational workflows, which are key skills for coordinating city department activities and supporting city management. • Conducted thorough legal research and utilized judicial databases (Court Dockets, PACER) to gather case - relevant information and documents, such as certified Trustees' Deeds. This task highlights my proficiency in managing, analyzing, and synthesizing complex information to support decision -making processes, a critical skill for navigating municipal legal matters and policy research.

EDUCATION
Project Management Professional (PMP), University of California, Irvine - Currently enrolled Master of Business Administration, California Baptist University, Riverside, CA Bachelor of Science in Business Management Technology; Concentration in Business Management Practice, Charter College, Anchorage, AL

Page 1091 of 1627 ends

Nicole Wheelwright
From:

Sent:

To:

Subject:
[email protected]
Friday, January 17, 2025 1:22 AM
Nicole Wheelwright
Online Form Submittal: Economic Development Committee Alternate Member - Jan 2025
Economic Development Committee Alternate Member - Jan 2025 This recruitment will remain open until filled.

First Name Edward
Last Name Gallardo
Primary Phone
Alternate Phone Field not completed.

Home Address . Beaumont, CA 92223
Address 2 Field not completed.

Email
Occupation/Profession Economic Development Division Intern Employer Name City of Yucaipa
Are you 16 year of age or Yes
older?
Do you represent a local No
business or industry
within the limits of the
City of Beaumont?
Questions
Are you aware of any No
conflicts, financial or
otherwise, which could
affect your appointment
as an Economic
Development
Committee member?
1

Page 1092 of 1627 ends

If you answer "Yes",
please explain
N/A.

Qualifications - Briefly
state your
qualifications, including
any education, skill, or
background related to
economic development
functions
I have been a resident of Beaumont since 2001 (24 years), where I attended Beaumont kindergarten and elementary
schools.

I hold a Bachelor of Arts in Political Science from Biola University.

During my time at Biola University, I also had the privilege of serving as the club president of Biola Students for the Sanctity of Life. Although this was a student club, it functioned as a business in various ways. As the club president I was
responsible for selecting a vice president and secretary. I also managed the club finances, event planning, and recruitment strategies.

Currently, I am an intern with the City of Yucaipa's Economic Development Division and also assist the Planning Division and Engineering Department. In accordance with the city council goals, I assist the Housing and Economic Development Analyst with attracting, retaining, and expanding businesses. In my resume, I flesh out the different responsibilities of my position which I believe can serve to benefit the Economic Development Committee.

Additional Information
Resume
Additional Information
EdwardGallardoResume.12.odf
EdwardGallardoCoverLetter.7.pdf
Email not displaying correctly? View it in your browser. 2

Page 1093 of 1627 ends

Edward Gallardo
Beaumont, CA 92223
January 16, 2023
City Clerk
City of Beaumont
Beaumont, CA
Dear City Clerk,
I am a dedicated individual who relishes in the opportunity to learn new and challenging skills.

As an aspiring public servant, I am eager to grow in the areas of communication, leadership, and public relations in order to reach my fullest potential. I would be elated to bring my experiences and talents to the Economic Development Committee and to learn more about local government.

I believe the Economic Development Committee would benefit from my skills in these specific areas:
• Specialized research and writing practices, critical thinking talents, and asking leading questions to find solutions.
• First-hand experience working in a government economic development division.

I look forward to speaking with you about how I could contribute to the Economic Development Committee. Serving on this committee would be invaluable as I seek to reach a career in local government. Thank you for your consideration.

Cordially,
Edward Gallardo

Page 1094 of 1627 ends

Edward L. GaBardo
Beaumont, CA 92223

EDUCATION
Bachelor of Arts iu Political Science, Minor iu Biblical and Theological Studies Biala University, La Mirada, CA
Graduated cum laude; GPA: 3.54
• Selected to attend a luncheon with university president and a Consulate General of Mexico • Fellow at Liberty Tree Fellowship Program sponsored by the Charles G. Koch Foundation

RELATED EXPERIENCE
December 2017
Economic Development Intern December 2023 - Current
City of Yucaipa, Yucaipa. CA
• Assist the Housing and Economic Development Analyst with attracting, retaining, and expanding businesses, in accordance with city council goals and division objectives • Maintain a business -friendly atmosphere by promoting city grant programs and collaborating with the Yucaipa Chamber of Commerce to provide business workshops • Stimulate economic growth by marketing development opportunities and researching available locations for business owners and developers
• Review staff reports, development agreements, and city grant applications to ensure procedural adherence and future economic development
Talent Leader/Kitchen Team Leader February 2022 - September 2023 Chick-fil-A I-10 & Yucaipa Blvd., Yucaipa, CA
• Organized and lead orientations of all new hires, filed new hire paperwork, and administered minor work permits, along with creating departmental goals and resources • Reviewed applicants and conducted interviews with Owner/Operator of the restaurant, developed criteria for screening and determining potential new hires
• Attended recruitment events at local high schools and communicated with managers for hiring needs • Supervised, trained and assigned tasks to the kitchen team, performed daily food safety and quality reports Political Science Peer Internship Coordinator August 2016 - May 2017 Biala University Center for Career Development, La Mirada, CA • Functioned as a department liaison by connecting students with alumni and serving faculty through networking to enhance overall department growth
• Improved student success by offering appointments for resume review and career path direction • Researched internships weekly through online job boards to secure key resources for students

VOLUNTEER EXPERIENCE
Intern at Orange County Clerk -Recorder November 2017 - December 2017 Orange County Ha11 of Records, Santa Ana, CA
• Systematically scanned tract maps, verified that the quality and resolution of the scanned maps met department standards, and indexed them by book and page number • Assisted customers with obtaining marriage and birth certificates, along with vital property records • Reviewed certificates of recognition given by the Clerk -Recorder for spelling and punctuation errors President of Biola Students far the Sanctity of Life April 2016 - December 2017 Biala University Student Programming and Activities, La Mirada, CA • Led 2 campus events featuring guest speakers with over 20 students in attendance and arranged 2 exclusive interviews with Biala University's newspaper, addressing topics related to women's healthcare • Managed the finances, recruitment, and direction of the club, holding bi-weekly meetings to create projects

Page 1095 of 1627 ends

Nicole Wheelwright
From:

Sent:

To:

Subject:
[email protected]
Wednesday, January 15, 2025 10:40 AM
Nicole Wheelwright
Online Form Submittal: Economic Development Committee Alternate Member - Jan 2025
Economic Development Committee Alternate Member - Jan 2025 This recruitment will remain open until filled.

First Name Miriam
Last Name Marquez
Primary Phone
Alternate Phone Field not completed.

Home Address
Address 2 Field not completed.

Email
Occupation/Profession Title Tech
Employer Name County of Riverside
Are you 16 year of age or Yes
older?
Do you represent a local No
business or industry
within the limits of the
City of Beaumont?
Questions
Are you aware of any No
conflicts, financial or
otherwise, which could
affect your appointment
as an Economic
Development
Committee member?
1

Page 1096 of 1627 ends

If you answer "Yes", N/A
please explain
Qualifications - Briefly
state your
qualifications, including
any education, skill, or
background related to
economic development
functions
University of Redlands
Master of Science,
Organizational Leadership
December 2021
California State University, San Bernardino
Bachelor of Arts,
Business Management
December 2014
San Bernardino Valley College
Associates of Arts,
Liberal Arts
May 2009
Associates of Arts,
Accounting
August 2023
Additional Information
Resume
Additional Information
Miriam Newest Res 24.pdf
Field not completed.

Email not displaying correctly? View it in your browser. 2

Page 1097 of 1627 ends

MIRIAM MARQUEZ
Beaumont, CA 92223 •
Education:

University of Redlands
Master of Science,
Organizational Leadership
December 2021
California State University, San
Bernardino
Bachelor of Arts,
Business Management
December 2014
San Bernardino Valley College
Associates of Arts,
Liberal Arts
May 2009
Associates of Arts,
Accounting
August 2023
Certifications:

Certificate of Achievement,
Accounting
CAASA: Basic trust, death and
life estate
Skills:

MS Office Suite
QuickBooks
Aumentum
Peoplesoft
Bilingual —English and Spanish
Type 48 wpm, 10 -key proficient
Extra -Curricular:
o Participated at local Toastmasters
International
o Attended Riverside County
District Attorney, Citizens
Academy
o Completed income tax
preparation courses
•
Experiences:

County of Riverside, Assessor -County Clerk- Recorder
ACR Tech III March 2024 -Present
Title Department
• Oversee team of 5 in day-to-day production and during our public service rotation. Update our team stats, divvy out work and assist technicians as needed to meet our unit goals.
• Work with other government agencies in interpreting California property tax rules and regulations
ACR Tech II April 2021- Present
Title Department
• Contributed to the County's interpretation of Proposition 19 by identifying and transferring potential or qualifying deeds • Clarify ownership and boundary information by reading and interpreting legal descriptions of property
• Posted changes in transfers, processed changes of title and applied appropriate exclusions
County of Riverside, Treasurer- Tax Collector
Senior Accounting Assistant May 2016- April 2021
Tax Sale Operations
• Reviewed and recommended disbursement of excess proceeds by applying Statutory and County Internal procedure (Revenue and Taxation Code Section 4675)
Refund Processing Unit
• Implemented spreadsheets through the Aumentum conversion to receive, input, post and/or return repayments of installments with non -sufficient funds
4th Floor Public Service
• Aid the public and other governmental agencies on the phone, in person and in writing by answering routine inquiries on property tax
Tax Enforcement
• Analyzed balance sheets and profit and loss statements; review recorded documents for encumbrances on real or personal property to determine the equity in such property for seizures or priority of liens

Page 1098 of 1627 ends

Nicole Wheelwright
From:

Sent:

To:

Subject:
[email protected]
Monday, January 13, 2025 2:27 AM
Nicole Wheelwright
Online Form Submittal: Economic Development Committee Alternate Member - Jan 2025
Economic Development Committee Alternate Member - Jan 2025 This recruitment will remain open until filled.

First Name Maria
Last Name Davila
Primary Phone
Alternate Phone Field not completed.

Home Address
Address 2 Field not completed.

Email
Occupation/Profession Student/Commissioner/Chairperson
Employer Name N/A
Are you 16 year of age or Yes
older?
Do you represent a local No
business or industry
within the limits of the
City of Beaumont?
Questions
Are you aware of any No
conflicts, financial or
otherwise, which could
affect your appointment
as an Economic
Development
Committee member?
1

Page 1099 of 1627 ends

If you answer "Yes",
please explain
N/A
Qualifications - Briefly
state your
qualifications, including
any education, skill, or
background related to
economic development
functions
Hello,
My name is Maria Davila and I am currently a senior attending 21st Century Learning Institute. I am an active community member, constantly looking for issues to solve within my community. As the Commissioner and Chair of the Youth
Advisory Council of Riverside County, I am part of the poverty committee, discussing and brainstorming strategies to aid our community in prospering. Additionally, I contribute to the organization of annual events for Riverside County youth constituents to gain knowledge in career exploration, financial literacy, and wellness. As a student of California, I instituted 2 bills into the California Legislature, them now being laws as of January 1st, 2025. Governor Newsom signed the two bills I wrote regarding chronic absenteeism in California, and they contain projects of intervention task forces that will decrease the 20% absenteeism rate students in California face. I am familiar with working in professional and fast -paced settings, as I regularly worked with Assemblymember Maienschien's
legislative aide and office, dealing with legal language, and was an Intern for Senator Ochoa Bogh, dealing with data and statistics of District 19 constituents. I recently completed my economics course with my school successfully with an A, and I plan to pursue an economics minor in college. I hope to expand my knowledge and apply my education to this committee to help the city I was born and raised in flourish.

Thank you for your time and consideration in reading my application! I look forward to working with this committee! Sincerely,
Maria Davila
Emails: [email protected] or
Additional Information
Resume
Additional Information
Maria Davila - Resume -.pdf
Field not completed.

Email not displaying correctly? View it in your browser. 2

Page 1100 of 1627 ends

Maria Davila
• Beaumont, California •

EDUCATION
• LinkedIn
21st Century Learning Institute
• Chairperson, School Site Council I Student Representative, School Site Council Beaumont High School
• Treasurer, MEChA (2023) I Founder, Key Club (2023)
Expected Graduation: May 2025
Honors & Awards: AP Scholar Award 2023 I President's Honor Roll 4.0+ 2024 I Principal's Choice Award 2024 I Good Citizenship Award Riverside County Bar Association 2024 I AP Scholar Award 2024 I National Hispanic Recognition Program 2024 I National First -Generation Recognition Program 2024 I Student of the Month Award 2024 Languages: English and Spanish
(Native or bilingual proficiency)

EXPERIENCE
Commissioner Aug. 2023 - Present
Youth Advisory Council of District 5 Riversice County
Facilitate meetings regarding student rights, financial literacy, committee event planning, and creating structured bi-weekly agendas while overseeing a council of 35 students. I organize events related to aiding the homeless population in Riverside County, improving our environmental awareness, and decreasing mental health issues. I correlate webinars for the council regarding the intersectionality of women empowerment and first -generation graduates. I am responsible for maintaining relations with government officials, college administrators, and alumni mentors to aid this council on a successful academic path. After being a member, co -commissioner, and now commissioner, I will celebrate being a part of this council for 4 years.

Riversice County, California
Governmental Affairs and Policy Director May. 2023 - Present California Association of Stucent Councils Region 11 Riversice County California and San Bernardino County, California Oversee and compose over eight student -written bill proposals to improve Riverside County and San Bernardino County education. Establish relations between governmental officials and student advocates, taking the initiative to improve the education system by staying updated with local and state legislation, and engaging in student activism. In addition, I lead meetings for a committee of 6 students and create agendas and workshops regarding student involvement in lobbying with legislators. For our region's yearly conferences, I'm responsible for acquiring four impactful government officials as panelists to hear student proposals and I serve as research lead by creating research packets that generate legislative proposals. I've been a part of CASC Region 11 since May 2022.

Chief Policy and Legislative Director Oct. 2023 - Present GENup California
Initiate and overlook statewide policy initiatives relating to K-12 education in the state of California. I focus on researching legislation and policy and being active in student activism involving pro -student legislation. I create bill packages and frequently meet with the staff of Assemblymembers and Senators in California to discuss GENup initiatives and propose identity equity, civic engagement, and public safety bills. I also maintain relationships and meet with student, teacher, and education coalitions to co-sponsor or co -write bills. My current policy efforts relate to school safety in California. I'm currently overlooking 22 higher education and K-12 bills as Chief. With Assemblymember Maienschien, I composed AB 1939 and AB 2771, which were both passed by the Governor this summer.

Chair of Board of Commissioners Sep. 2023 - Present
Youth Advisory Council of Riverside County Riverside County, California Delegate meetings of all five commissioners from Riverside County to discuss the planning of our annual events, such as Youth In Government Day, Youth Retreat, and Youth Summit. Additionally, I encourage all youth advisory students to attend these meetings in order to become civically engaged and increase transparency between the Board of Commissioners and members. This year, I am aiming to organize a Riverside County College webinar series for all constituents to attend.

Diversity, Equity, and Inclusion Co -Chair Oct. 2023 - Present California Association of Student Councils California
Strategize completing requirements of diversity, equity, and inclusion goals to improve the California Association of Student Councils' involvement throughout the state of California. This committee is made up of 12 selected students. We research data analytics into how students from different environments are affected and can be better aided with outreach efforts, resources, and financial aid to attend CASC statewide conferences as well as their respective regional CASC conferences.

OTHER ACHIEVEMENTS
NextGen Latino Leadershi D Program 2024 Selected to potaici�at i � Ore sis-paid Latino leadership program to learn about the legislative process in Washington D.C. from July 21st - July 2711<i'.pfheret was as 1 acceptance rate within this cohort, and we became Congressional Hispanic Caucus Institute Alumni by completing this reputable learning opportunity.

Institute for Youth in Policy Fellowship Siring 2024 With a 6-8% rate, I was selected to participate in the Spring 2024 cohort to conduct research regarding the U.S. government and politics. I completed an immigration and chronic absenteeism research paper during my time on the fellowship.

Senator Ochoa Bogh Internshi-D Summer 2024 Beginning in the summer of 2024, I have been part of the campaign initiative to re-elect incumbent Senator Ochoa Bogh back into the Senate. I dedicate 8 hours a week to canvassing and in total have knocked on 740 doors (canvassed 132) and called 5984 voters. Fortunately, we won the election in November and I earned the title of being one of the "Top Interns" in the campaign.

Retail Em-Dloyee - 123 Farm Highlanc S Brings Resort On August 23, 2024, I began working as a Retail employee at the Highland Springs Resort. I am mainly in charge of the Flower Market and Bread Hall, making sure the store is cleanly stocked, and serving as cashier. Each week, I regularly worked around 15-22 hours.

Volunteer Hours
RivCo YAC District 5 145 hours
St. Kateri Tekakwitha Church - Confirmation Class 49 hours SKILLS
Policy Writing I Policy Research I Research I Public Speaking I Advocacy I Proposal Development I Leadership

Page 1102 of 1627 ends

BAUME ONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE February 18, 2025
SUBJECT: Authorize Employment Contract with Deputy City Manager Description Staff is requesting Council review and authorize the City Manager to sign the employment agreement with Gustavo Romo appointing him to the position of Deputy City Manager.

Background and Analysis:

The City has been conducting a search for the Deputy City Manager since October 2024. The position was advertised on Government Jobs, Western City Magazine, International City/County Management Association, Public CEO and social media.

More than 150 applications were received and reviewed, and an executive panel interviewed finalists. A separate interview was held with the applicant and the City Manager. The panel and City Manager unanimously recommend the applicant, Gustavo Romo, be selected for the position of Deputy City Manager.

Gustavo has a Bachelor of Science Degree from California State Polytechnic University in Urban and Regional Planning. He has a Master of Business Administration from the University of Redlands. He has over 30 years of government experience in various agencies with increasing responsibilities. He has spent the last 5 years as a Deputy City Manager assisting the City Manager with complex issues while managing the Community Development Department consisting of Building & Safety, Business License, Code Enforcement, Community Development Block Grant Program, Economic Development, Housing and Planning.

Fiscal Impact:

The contract provides for an annual fully loaded fiscal impact of $262,851. The increase for the remainder of FY 24/25 is approximately $87,617 to be paid out of the general fund for personnel costs. City staff estimates the cost to prepare this report was $510.

Page 1103 of 1627 ends

Recommended Action:

Approve the employment agreement with Gustavo Romo for the Deputy City Manager and authorize the City Manager to sign the agreement.

Attachments:

A. Employment Agreement

Page 1104 of 1627 ends

DEPUTY CITY MANAGER EMPLOYMENT AGREEMENT
This DEPUTY CITY MANAGER EMPLOYMENT AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into and made effective the 18th day of February 2025, by and between the CITY OF BEAUMONT, (hereinafter referred to as the "CITY"), and Gustavo Romo, an individual (hereinafter referred to as "EMPLOYEE"). For purposes of this AGREEMENT, CITY and EMPLOYEE may be collectively referred to as the "Parties" or individually as a "Party."

RECITALS

DEPUTY CITY MANAGER
WHEREAS, based on EMPLOYEE's executive and administrative qualifications and ability, the CITY MANAGER desires to appoint EMPLOYEE to serve as the DEPUTY CITY MANAGER for CITY; and
WHEREAS, EMPLOYEE desires to perform and assume responsibility for the provision of DEPUTY CITY MANAGER services to CITY; and
WHEREAS, EMPLOYEE and CITY acknowledge and agree that this Agreement is not covered by and shall supersede the Memorandum of Understanding between City of Beaumont and Managers as Individuals Effective January 1, 2022 ("Managers Group MOU"); and WHEREAS, the Parties wish to establish the terms and conditions of EMPLOYEE's provision of professional services to CITY through this AGREEMENT.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, CITY and EMPLOYEE hereby agree as follows:

1. POSITION. DUTIES AND TERM.

1.1 Incorporation of Recitals. The above recitals are incorporated herein and made a part of this Agreement.

1.2 Position. EMPLOYEE accepts employment with CITY as its DEPUTY CITY MANAGER and shall perform all functions, duties and services set forth in Section 1.5 (Duties) of this Agreement.

1.3 Effective Date of Agreement/Term. This Agreement is for an unspecified term and is subject to the "At -Will" provision in Section 1.4 and termination provision in Section 4.

1.4 Employment with CITY "At -Will".
(a) EMPLOYEE's employment status with CITY shall be at -will and terminable with or without cause, at the CITY'S unilateral discretion. EMPLOYEE shall serve at 1

Page 1105 of 1627 ends

the pleasure of the City Manager. EMPLOYEE acknowledges, understands and agrees that EMPLOYEE may not avail himself/herself of any procedures, provisions or protections set forth under CITY's Employment Policies, as defined herein, in so far as such procedures, provisions or protections limit, restrict, modify, prohibit or regulate EMPLOYEE's status as an "at -will" employee of CITY or the ability of the City Manager to terminate EMPLOYEE's employment at any time for cause or for convenience and without cause. For purposes of this Agreement, the capitalized term "Employment Policies" means and refers to any ordinance, resolution, regulation, rule, memorandum of understanding, or other written policy of CITY as the same maybe amended, modified or supplemented from time -to -time, and any written employment manual of the CITY which governs, regulates or otherwise relates to employment with CITY. CITY's Employment Policies shall not apply to EMPLOYEE in so far as such Employment Policies limit, restrict, modify or regulate (or may be interpreted to limit, restrict, modify or regulate) EMPLOYEE 's status as an "at -will" employee of CITY. EMPLOYEE shall otherwise comply will all Employment Policies established by the CITY.
(b) Except as otherwise provided under Section 4 (Termination) of this Agreement, EMPLOYEE shall not be entitled to any pre -termination hearing or other similar proceeding or appeal proceeding as a precondition to any decision or action by the City Manager to terminate EMPLOYEE's employment whether for cause or for convenience and without cause.

EMPLOYEE shall also not be entitled to any post -termination appeal proceedings. (c) Nothing in this Agreement shall confer upon EMPLOYEE any right to any property interest in continued employment with CITY.

1.5 Duties. EMPLOYEE shall serve as the DEPUTY CITY MANAGER and shall be vested with the powers, duties and responsibilities of the DEPUTY CITY MANAGER as set forth in the Beaumont Municipal Code, as the same may be amended or modified from time -to -time by the City Council, the California Code, and CITY's policies and procedures approved by the City Council, as may be provided from time to time. EMPLOYEE's performance of EMPLOYEE's duties shall be subject to the direction of the City Manager. It is the intent of the Parties that the DEPUTY CITY MANAGER keeps the City Manager fully informed of all significant operations or major undertakings of the City and on matters that the City Manager assigns to the Deputy City Manager. EMPLOYEE shall provide the City Manager with regular status reports on the operations and activities. EMPLOYEE shall perform such duties as are customary and appropriate to the position of DEPUTY CITY MANAGER as well as such special duties as may be assigned to DEPUTY CITY MANAGER from time to time by the City Manager.

Notwithstanding EMPLOYEE's duties as DEPUTY CITY MANAGER, nothing in this Agreement shall be construed to prohibit direct communication between the City Manager and employees within EMPLOYEE'S Department. EMPLOYEE shall attend all City Council meetings, unless excused or directed otherwise by the City Manager.

1.6 Work Hours. The position of DEPUTY CITY MANAGER is an exempt position under state and federal wage and hour laws. EMPLOYEE's compensation (whether salary or benefits or other allowances) is not based on hours worked. EMPLOYEE shall not be entitled to any compensation for overtime, missed meal or rest periods, reporting time, or any other wage and hour benefits conferred upon non-exempt employees under state or federal wage and hour laws, 2

Page 1106 of 1627 ends

including regulations propounded in applicable Industrial Welfare Orders. EMPLOYEE is expected to engage in those hours of work that are necessary to fulfill the obligations of the DEPUTY CITY MANAGER's position. The DEPUTY CITY MANAGER does not have set hours of work as the DEPUTY CITY MANAGER is expected to be available at all reasonable and relevant times.

1.7 Regional and Professional Activities. CITY desires that EMPLOYEE be reasonably active in professional organizations that will promote the standing of CITY and advance CITY 's goals, interests and policy objectives while also providing EMPLOYEE with opportunities for the type of professional development that will enhance EMPLOYEE'S ability to serve CITY and perform EMPLOYEE'S duties as DEPUTY CITY MANAGER. Toward this end, EMPLOYEE may, upon reasonable notice and approval by the City Manager, join professional organizations and participate in the activities of such organizations in so far as such participation promotes the interests of CITY and does not unduly interfere with the performance of EMPLOYEE's duties as DEPUTY CITY MANAGER. CITY agrees to budget and, consistent with that budget, pay for the dues, conference and travel fees, and subscriptions of the DEPUTY CITY MANAGER necessary for EMPLOYEE'S participation in national, statewide, regional or professional organizations.

1.8 Non -CITY Activities. In accordance with Government Code Section 1126, during the period of EMPLOYEE'S employment, EMPLOYEE shall not accept, without the express prior written consent of the City Manager, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except as permitted under Section 1.7 (Regional and Professional Activity), whether or not for pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict of interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of EMPLOYEE's duties as DEPUTY CITY MANAGER.

1.9 Restriction on Outside Business Activities. During his employment, EMPLOYEE shall devote his full business time, energy, and ability exclusively to the business and interests of CITY, and shall not, without prior written consent of City Manager, render services to others of any kind for compensation, or engage in other business activity that would materially interfere with the performance of EMPLOYEE'S duties under this Agreement, except that:
(a) The expenditure of reasonable amounts of time, not in conflict with the CITY'S needs and interests, for educational, charitable, community, and professional enhancement activities, shall not be deemed a breach of this Section 1.9 and shall not require prior consent; and
(b) This Agreement shall not be interpreted to prohibit EMPLOYEE from making passive, personal investments or conducting private affairs in those activities that do not materially interfere with the EMPLOYEE'S duties under this Agreement or create or result in conflicts of interests with CITY.
3

Page 1107 of 1627 ends

2. COMPENSATION AND BENEFITS AND REIMBURSEMENTS.

2.1 Base Salary. Commencing on the employees start date, EMPLOYEE shall receive a base annual salary of Two Hundred Eight Thousand Three Hundred Seventy Four and Thirty Six cents ($208,374.36) per year, (hereinafter, the "Base Salary"). The Parties understand and agree that the amount of the Base Salary, as preliminarily established for the year 2025, may be adjusted from time -to -time by the CITY MANAGER following a performance evaluation, as provided for in Section 2.2 (below). In no event shall EMPLOYEE's base salary adjust automatically pursuant to any mechanism, and in no event shall EMPLOYEE's base salary exceed the maximum amount approved by the City Council, including in the CITY's Salary Chart or any other salary table or other document that may be adopted by the City Council in the future. The Base Salary shall be payable in bi-weekly installments at the same time and in the same manner as other management employees of CITY. EMPLOYEE's salary shall be subject to customary withholding for taxes and other required deductions.

2.2 Performance Review. Annually on or before the anniversary date of execution of this Agreement, the City Manager will undertake a job performance review of EMPLOYEE. In connection with such performance review, the City Manager may consider any adjustments in EMPLOYEE's compensation consistent with the CITY's Salary Chart. The failure of CITY to undertake a performance evaluation shall not limit CITY's ability to terminate this Agreement pursuant to Section 4 (Termination).

2.3 Benefits. In addition to Base Salary, CITY shall also provide EMPLOYEE with the following benefits:
(a) Cafeteria Plan, Dependent Care Flexible Spending Account, Life and Short Term Disability Insurance, Vacation Accrual, Sick Leave, Public Employees Retirement System (PERS) Eligibility, and Reimbursements. EMPLOYEE shall be provided with these benefits to the same extent as those benefits are provided to the members of the Non -represented Managers Group, whether as described in the Managers Group MOU referred to in the Recitals or in the City's Employment Policies, whichever is applicable, as those documents may be modified or amended from time to time.

2.4 Vehicle Allowance. EMPLOYEE shall be provided, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of three hundred fifty dollars ($350.00) a month, as a vehicle allowance to be used to purchase, lease or own, operate and maintain a vehicle. EMPLOYEE shall be responsible for paying for liability, property damage and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair and regular replacement of said vehicle

2.5 Jury Duty. EMPLOYEE will receive Base Salary and benefits while responding to a jury summons or serving on a jury. Any compensation for such jury duty (except travel pay) shall be remitted to CITY.
4

Page 1108 of 1627 ends

2.6 Business Related Ecuipment. CITY shall also provide EMPLOYEE a smart phone and personal computer (at work) for use in connection with CITY business. CITY shall be responsible for maintenance of said items.

2.7 Participation in Additional CITY Programs. EMPLOYEE shall be eligible to participate in any other CITY programs/employment benefits to the extent they are offered to non -represented CITY management employees, including but not limited to, the bilingual program or deferred compensation plan.

2.8 Administrative/Personal Leave. EMPLOYEE shall be allocated a maximum of forty (40) hours of administrative/personal leave on July 1st of each CITY fiscal year. The maximum amount of administrative/personal leave that EMPLOYEE may accrue at any given time may not exceed eighty (80) hours total. EMPLOYEE may request payment of up to forty (40) hours banked administrative leave pay, to be paid by separate check, per calendar year.

Requests for payment of banked administrative leave pay should be submitted in accordance with the procedure stated in the Managers Group MOU.

3. ILLNESS OR INJURY. DISABILITY AND DEATH.

3.1 Cessation of Work Due to Injury or Disability. In addition to any right of termination set forth under Section 1.3 (Employment With CITY "At -Will"), above, CITY also reserves the right to terminate EMPLOYEE's employment along with this Agreement if EMPLOYEE ceases to work as a result of injury or disability which results in Employee being unable to perform the essential duties of the DEPUTY CITY MANAGER position, with or without accommodation, for a period of six (6) consecutive months or more, as documented by a healthcare provider. The foregoing notwithstanding, CITY may terminate EMPLOYEE if, in the CITY'S unilateral discretion, the disability poses a direct threat to the safety of CITY, EMPLOYEE or any other employees working for CITY and any reasonable accommodation attempted by CITY would not mitigate or eliminate such a threat. CITY will not provide a severance payment if EMPLOYEE is terminated under this Section of this Agreement.

3.2 Compensation for Work -Related Illness or Injury. In the event EMPLOYEE suffers a physical or mental illness or disability arising out of the course of employment, EMPLOYEE's exclusive remedy or remedies against CITY for such illness, injury or disability shall be those legally allowed under the workers' compensation laws of the State of California.

The Parties further agree that the California Workers Compensation Appeals Board shall be the exclusive venue for any claim of physical or mental illness or disability arising out of the course of EMPLOYEE'S employment with the CITY.

3.3 Medical Examination. EMPLOYEE agrees to submit to a medical and/or psychological examination by a qualified physician or psychiatrist selected by CITY, in the event the CITY determines a medical and/or psychological examination is needed to make a decision under Sections 3.1 through 3.2. CITY and EMPLOYEE shall receive a copy of all medical reports related to the examination.
5

Page 1109 of 1627 ends

3.4 Death of Employee. This Agreement along with EMPLOYEE's employment shall terminate automatically upon EMPLOYEE's death.

3.5 Compensation Upon Termination. Except as otherwise provided under this Agreement, if EMPLOYEE's employment is terminated pursuant to this Section 3 (Illness or Injury; Disability and Death), CITY shall pay EMPLOYEE all Base Salary, benefits, and compensation due and owing EMPLOYEE through the last day actually worked. If termination is caused by EMPLOYEE's death, CITY shall provide the compensation and benefits otherwise due EMPLOYEE to EMPLOYEE's executor, administrator, heirs, personal representatives, successors, and assigns. CITY will not provide for severance pay if EMPLOYEE is terminated under the provisions of Section 3.1 through 3.5, above.

4. TERMINATION.

4.1 Termination by CITY for Convenience and Without Cause. EMPLOYEE is appointed and serves at the pleasure of the CITY as an at will employee. The CITY may terminate EMPLOYEE at any time for convenience and without cause. In the event EMPLOYEE is terminated without cause, at or during such time that EMPLOYEE is willing and able to perform his duties under this AGREEMENT, then in that event, CITY agrees to pay EMPLOYEE a severance equal to six months base salary, less any and all applicable or legally required deductions, provided EMPLOYEE has executed a full and final release of any and all actual or potential claims (including Civil Code Section 1542 release) that EMPLOYEE has or could have against CITY, its officials, employees and agents, acceptable to city in form and content. Notwithstanding anything herein to the contrary, the maximum severance EMPLOYEE may receive under this AGREEMENT shall not exceed the limitations provided for in Government Code Section 53260-53264 or other applicable law.

4.2 Termination by Employee. EMPLOYEE may terminate EMPLOYEE'S employment for any reason, and at any time, with or without cause, by providing CITY with written notice. EMPLOYEE shall not receive a "severance payment" in the event EMPLOYEE terminates his/her employment with CITY pursuant to this Section 4.2.

4.3 Termination for Cause by CITY. CITY may immediately terminate EMPLOYEE's employment with CITY and this Agreement at any time by providing EMPLOYEE written notice of EMPLOYEE'S termination for cause and the reason(s) for the termination, and an opportunity for a discussion with the City Manager or the City Manager's designee. In the event the City Manager and EMPLOYEE are unable to resolve any disagreement regarding the cause for EMPLOYEE'S termination, the Parties agree to binding arbitration as provided in Section 6. No "severance payment" shall be paid in the event EMPLOYEE's employment is terminated for cause, except that CITY shall pay EMPLOYEE for EMPLOYEE'S accrued and unused vacation, sick and administrative leave, as provided for in this Agreement. The term "cause" shall be defined to include any misconduct materially related to performance of official duti es, including but not be limited to any of the following: 1) breach of this AGREEMENT, 2) willful or persistent breach of duties, 3) resume fraud or other acts of material dishonesty, 4) unauthorized absence or leave not otherwise supported by valid documentation from a healthcare provider, 5) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to 6

Page 1110 of 1627 ends

justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony under California law (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLOYEE), 6) violation of the CITY's anti -harassment policies and/or a finding that EMPLOYEE engaged in legally prohibited personal acts of harassment, discrimination, and/or retaliation against a CITY official, CITY employee, or any individual protected by state or federal laws prohibiting harassment, discrimination, and/or retaliation, 7) violation of the CITY 's Municipal Code, ordinances, rules or regulations, including but not limited to the CITY 's Rules and Regulations and Administrativ e Policies, 8) use or possession of illegal drugs, 9) engaging in conduct tending to bring embarrassment or disrepute to the CITY, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions or policy decisions of the City Council or City Manager, and 12) gross misfeasance or gross malfeasance. Ifthe CITY terminates for cause this AGREEMENT and the services of EMPLOYEE hereunder, EMPLOYEE shall not be entitled to assume any further position or employment with the CITY.

4.4 Termination Obligation. EMPLOYEE agrees that all property, including without limitation, all equipment, tangible, Proprietary Information (as defined below), documents, records, notes, contracts, and computer -generated materials furnished to or prepared by EMPLOYEE incident to EMPLOYEE'S employment are the property of CITY and shall be returned promptly to CITY upon termination of EMPLOYEE's employment. EMPLOYEE's obligations under this subsection shall survive the termination of EMPLOYEE'S employment and the expiration or early termination of this Agreement.

4.5 Benefits Upon Termination. All benefits to which EMPLOYEE is entitled under this Agreement shall cease upon EMPLOYEE's termination in accordance with this Section 4 (Termination), unless expressly continued under this Agreement, under any specific written policy or benefit plan applicable to EMPLOYEE, under any other agreement for the continued provision of benefits, or unless otherwise required by law.

5. CONFLICT OF INTEREST.

5.1 EMPLOYEE shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of CITY, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of the City Manager and City Council. EMPLOYEE shall also be subject to the conflict of interest provisions of the Government Code of the State of California, the CITY's Municipal Code, and any other conflict of interest regulations applicable to EMPLOYEE's employment with CITY. For and during the Term of this Agreement and any extension term, EMPLOYEE further agrees that except for a personal residence or residential property acquired or held for future use as EMPLOYEE'S personal residence, EMPLOYEE will not invest in any other real estate or property improvements within the corporate limits of CITY without the prior consent of the City Manager and City Council.
7

Page 1111 of 1627 ends

6. ARBITRATION OF DISPUTES.

Any claim, dispute, or controversy which would otherwise require or allow resort to any court or other governmental dispute resolution forum between EMPLOYEE and CITY arising from, related to, or having any relationship or connection whatsoever with Employees employment or the terms of this Agreement, whether based on tort, contract, statutory, or equitable law, or otherwise, shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act (Cal.

Code Civ. Proc. sec 1280 et seq.), including section 1283.05 and all of the Acts other mandatory and permissive rights to discovery); provided, however, that: in addition to requirements imposed by law, any arbitrator herein shall be a retired California Superior Court Judge and shall be subject to disqualification on the same grounds as would apply to a judge of such court. If for any reason the Parties cannot agree to an arbitrator, either Party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator. The court shall then appoint an arbitrator, who shall act under this agreement with the same force and effect as if the Parties had selected the arbitrator by mutual agreement.

The arbitrator shall then prescribe the rules and procedures for the arbitration process in accordance with laws that are applicable to the claim being raised. EMPLOYEE understands that by agreeing to this binding arbitration provision, both CITY and EMPLOYEE give up their right to a trial by jury.

7. GENERAL PROVISIONS.

7.1 Notices. A11 notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below or at the last known address maintained in EMPLOYEE personnel file. EMPLOYEE agrees to notify CITY in writing of any change in EMPLOYEE'S address during EMPLOYEE'S employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.

CITY's Notice Address:

City of Beaumont
550 East Sixth Street
Beaumont, CA 92223
DEPUTY CITY MANAGER's Notice Address:

Gustavo Romo
(Last listed address in employee's personnel file)
8

Page 1112 of 1627 ends

7.2 Bonding. CITY shall bear the full cost of any fidelity or other bonds required of the DEPUTY CITY MANAGER to perform his duties under any laws or ordinance.

7.3 Entire Agreement. This Agreement is intended to be the final, complete, and exclusive statement of the terms of EMPLOYEE's employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of EMPLOYEE, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to EMPLOYEE and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. However, as noted in Section 2.7 above, EMPLOYEE shall be eligible to participate in any other CITY programs/employment benefits to the extent they are offered to non -represented CITY employees.

7.4 Amendments. Except as otherwise provided herein, this Agreement may not be amended except in a written document signed by EMPLOYEE, approved by the City Manager and signed by the City Attorney.

7.5 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.

7.6 Assignment. EMPLOYEE shall not assign any rights or obligations under this Agreement. CITY may, upon prior written notice to EMPLOYEE, assign its rights and obligations hereunder.

7.7 Severability. If any court of competent jurisdiction holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

7.8 Governing Law. This Agreement is entered into and is to be performed in Riverside County, California and shall be governed by and construed in accordance with the controlling laws of the State of California or federal law, whichever is applicable, and the Parties agree that venue shall be in Riverside County, California.

7.9 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit or against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement.

7.10 Statutory Obligations
a. Abuse of Office or Position. Pursuant to California Government Code Sections 53243, 53243.1 and 53243.2, which became effective on January 1, 2012, if EMPLOYEE is convicted of a crime involving an abuse of EMPLOYEE'S office or position, all of the following shall apply: (1) if EMPLOYEE is provided with an administrative leave pay pending an 9

Page 1113 of 1627 ends

investigation, EMPLOYEE shall be required to fully reimburse such amounts paid by CITY; (2) if CITY pays for the criminal legal defense of EMPLOYEE (which would be in its sole discretion, as CITY is generally not obligated to pay for a criminal defense), EMPLOYEE shall be required to fully reimburse such amounts paid by CITY; and (3) if this Agreement is terminated, any cash settlement related to the termination of EMPLOYEE by CITY, said amount shall be fully reimbursed to CITY or shall be void if not yet paid to EMPLOYEE. For this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under the color of authority; or (2) a crime against public justice, including a crime described in Title 7 commencing with section 92 of the California Penal Code. b. Maximum Cash Settlement Upon Termination of Agreement. Pursuant to California Government Code Sections 53260 and 53261, regardless of the term of this Agreement, if the Agreement is terminated and a dispute arises regarding the termination, the maximum cash settlement that EMPLOYEE may receive shall be equal to the monthly salary of EMPLOYEE multiplied by eighteen and shall not include any other noncash items except health benefits, which may be continued for the same duration of time (18 months) or until employee finds other employment, whichever occurs first.

7.11 Incorporation of Recitals. The Parties repeat and incorporate the recitals set forth above as if fully set forth herein.

7.12 Acknowledgment. EMPLOYEE acknowledges that EMPLOYEE has had the opportunity to consult legal counsel in regard to this Agreement, that EMPLOYEE has read and understands this Agreement, that EMPLOYEE is fully aware of its legal effect, and that EMPLOYEE has entered into it freely and voluntarily and based on EMPLOYEE'S own judgment and not on any representations or promises other than those contained in this Agreement.
"CITY" "EMPLOYEE"
CITY OF BEAUMONT Gustavo Romo
By:

City Manager, Elizabeth Gibbs
ATTEST:

By:

City Clerk, Elaine Morgan
10

Page 1114 of 1627 ends

S:EP
BILLING DEPARTMENT REPLY To:
[email protected] Palm Springs, California
February 6, 2025
CITY OF BEAUMONT PROFESSIONAL SERVICES THRU: 1/31/2025
TOTAL DUE:

Sincerely,

SBEMP, LLP
By: Accounting Department
$97,877.11

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
WW 'S. 3f,m8f

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Blackwell
Professional services through: 1/31/2024: Invoice # 91868 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$108.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1116 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*BP CEQA
Professional services through: 1/31/2024: Invoice # 91869 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$8,721.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1117 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Cazares&Rosa
Professional services through: 1/31/2024: Invoice # 91870 BALANCE DUE - PLEASE SUBMIT PAYMENT:

Amount
$13,953.90

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1118 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*CCV Holdings
Professional services through: 1/31/2024: Invoice # 91871 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$3,171.10

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1119 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Deforge Park
Professional services through: 1/31/2024: Invoice # 91872 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$2,209.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1120 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Fernley
Professional services through: 1/31/2024: Invoice # 91873 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$3,809.25

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1121 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Iloputaife
Professional services through: 1/31/2024: Invoice # 91874 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$244.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1122 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Martin
Professional services through: 1/31/2024: Invoice # 91875 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$1,164.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1123 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Police Dept
Professional services through: 1/31/2024: Invoice # 91876 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$4,656.10

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1124 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Rosetti
Professional services through: 1/31/2024: Invoice # 91877 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$225.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1125 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*SenecaSprings
Professional services through: 1/31/2024: Invoice # 91878 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$4,799.71

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1126 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*SierraClub
Professional services through: 1/31/2024: Invoice # 91879 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$15.95

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1127 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Webb
Professional services through: 1/31/2024: Invoice # 91880 BALANCE DUE - PLEASE SUBMIT PAYMENT:

Amount
$519.50

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1128 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Wright
Professional services through: 1/31/2024: Invoice # 91881 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$2,652.10

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1129 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont -Gen Lit
Professional services through: 1/31/2024: Invoice # 91882 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$6,105.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1130 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-Labor&Employ
Professional services through: 1/31/2024: Invoice # 91883 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$753.20

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1131 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-OverRetainer
Professional services through: 1/31/2024: Invoice # 91884 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$36,953.10

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1132 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont -Retainer
Professional services through: 1/31/2024: Invoice # 91885 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$7,504.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1133 of 1627 ends

SEW

A T T O R N E Y S
74774 Highway 111
Indian Wells, CA 92210
Fed. ID #33-0833010
Telephone 760-322-2275
February 6, 2025
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-Tri Pointe
Professional services through: 1/31/2024: Invoice # 91886 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$310.70

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
www.sbemp.com

Page 1134 of 1627 ends

BAUME ONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Darron Usher, Principal Management Analyst
DATE February 18, 2025
SUBJECT: Approval of an Event Sponsorship in the Amount of $5,000 for the Saint Patrick's Day Casino Night Hosted by the Rotary Club of Beaumont — Cherry Valley
Description: Rotary Club of Beaumont/Cherry Valley - Saint Patrick's Day Casino Night Sponsorship.

Background and Analysis:

The City of Beaumont has received a request for sponsorship for a community event for the Rotary Club of Beaumont/Cherry Valley's Saint Patrick's Day Casino Night (Attachment A). This event is designed to foster community spirit while raising funds to support youth scholarships and a variety of local events that promote civic pride and community involvement. The event is organized by the Rotary Club of Beaumont - Cherry Valley, a nonprofit organization that has been providing community services for Beaumont and Cherry Valley since 1958. Proceeds from the Saint Patrick's Day Casino Night will be returned to the community in the form of youth scholarships awarded to Beaumont High School students and through a variety of local events.

Rotary is a global network of 1.4 million leaders and problem solvers dedicated to creating lasting change locally and worldwide. For over 110 years, Rotary has tackled real issues with passion, energy, and vision, supporting sustainable projects in areas like literacy, peace, water, and health. Recently completed and ongoing projects and events supported by the Rotary Club of Beaumont — Cherry Valley are outlined below:

Current Projects:

Seniors' Thanksgiving Dinner
Cherry Festival Parade
Chili Cook -Off
Cherries Jubilee
Veterans' BBQ

Page 1135 of 1627 ends

Past Projects:

Rescued Dogs Project
First Responders' Appreciation
Winter Wish (Support)
In Fiscal Year 23/24, the City contributed $2,500 to the Rotary Club for the event. Due to the Club's proven track record and their willingness to support and volunteer various special events in our community, Staff recommends that the City Council approve the event sponsorship to support local youth scholarships and local events. As part of the terms of the sponsorship, the Rotary Club will provide the City of Beaumont with recognition at the event, showcasing its commitment to community development and youth empowerment.

Fiscal Impact:

The cost to prepare this staff report is estimated to be $360.

The current budget for Rotary sponsorship is $2,500 in GL 100-1050-7034-0000.

Should the City Council approve the request of $5,000, then a budget amendment will be needed.

Recommended Action:

Approve an Event Sponsorship in the Amount of $5,000 for the Saint Patrick's Day Casino Night Hosted by the Rotary Club of Beaumont — Cherry Valley Attachments:

A. Sponsorship Request — Letter from Rotary
B. Sponsorship Form
C. Event Flyer

Page 1136 of 1627 ends

Rotary
Club of Beaumont -
Cherry Valley
February 5, 2025
Mike Lara
Mayor
City of Beaumont
550 E 6th Street
Beaumont, CA 92223
Dear Mayor Lara,
ozdzat
14 VIV
On behalf of the Beaumont Cherry Valley Rotary Club and the Rotary Club of Beaumont Foundation I want to thank you and the city council for your sponsorship last year for our annual fund raiser, Casino Night. This year we will be having our event on Saint Patricks' Day at Tukwet Golf Course. Attached is a flyer with information about the event and sponsorship information.

We would very much like for the city to be our event sponsor which is the Leprechaun Sponsor. The cost of the sponsorship is $5,000 which in addition to advertising at the event we will also provide you with 6 complimentary tickets.

As a reminder, majority of proceeds go towards youth and adult scholarships in our community which are awarded annually based upon volunteer hours.

Thank you in advance for your consideration.

Sincerely,
Robin L. Knight
President 2024-2026
Rotary Club of Beaumont Foundation
P.O. Box 3006, Beaumont, Ca 92223
501 (c)3 EIN 33-0779776

Page 1137 of 1627 ends

BEAUMONT - CHERRY VALLEY
Rotary ►;;�

PRESENTS
Monda March 17 Morongo Golf Club at Tukwet Canyon
y' 36211 Champions Drive,
5 p m to 9 p m Beaumont, CA 92223
$60
Includes play money, delicious appetizers and non-alcoholic beverages e•C'n,3
Cash bar available
(Cash or credit card (with nominal fee)
Basket Raffles
Proceeds go toward youth scholarships
and other community events.

For tickets, call/text Yami Goldberg @ 909 841-3753 or any Beaumont - Cherry Valley Rotarian.

You can also contact the Chamber of Comrner:::�, l a�:at�:d ill' 726 Beaumont Ave. (Mon. through Thursday)

2025 St Patrick's Day Casino Night Sponsorship Levels
Morongo Golf Club at Tukwet Canyon
36211 Champions Drive, Beaumont CA
Monday, March 17— 5PM to 9PM
=Leprechaun/Event Sponsor: $5000 (6 complimentary tickets) = Pot of Gold: $2500 (5 complementary tickets)
n(iss the Blarney Stone: $1500 (4 complementary tickets) =4 Leaf Clover - $500 (2 complementary tickets)
_
Irish Eyes are Smiling: $250 (2 complementary tickets)
You will receive the following benefits: Acknowledgment at the event and table placards with Company name. We are also accepting donated items (i.e. gift baskets, gift cards, merchandise, etc.) Ticket prices are $60 per person (includes play money & delicious appetizers).

SPONSORSHIP LEVEL OR NUMBER OF TICKETS

SPONSORING COMPANY/PERSON NAME

ADDRESS

CONTACT NAME CONTACT NUMBER
SPONSORSHIP LEVEL AMOUNT ENCLOSED $
NUMBER OF TICKETS AMOUNT ENCLOSED $
(Please make check payable to: Rotary Club of Beaumont Foundation)'

NAME ON CREDIT CARD

CREDIT CARD TYPE
EXP DATE CARD #
3 DIGIT ZIP CODE

I CAN DONATE BASKETS AND/OR GIFT CARDS
Please return sponsorship form and payment to: Rotary Club of Beaumont Foundation.

PO Box 3006, Beaumont CA 92223 - 501 C3 EIN 33-0779776

Page 1139 of 1627 ends

BEAUMONTA O R N I -
Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE February 18, 2025
SUBJECT: Award Professional Service Agreements for On -Call Geotechnical Engineering Services
Description Award Professional Services Agreements (PSA) to three (3) firms to provide On -Call Geotechnical Engineering Services: Earth Systems, Geocon West, Inc., and Verdantas.

Background and Analysis:

City Staff is proposing to retain three (3) consulting firms to provide City-wide Geotechnical Engineering Services. Three (3) contracted consulting firms will ensure that such resources will be made available to the City.

Geotechnical Engineering Services include site evaluations, subsurface investigations, slope stability analysis, foundation design, soil testing, laboratory testing, geotechnical studies and analysis, and earthwork management. Geotechnical services will help the City make informed decisions about a project's design, intended use, and safety. They also help identify potential engineering constraints and mitigate their impact on construction cost and schedule.

On September 30, 2024, the City advertised and published the request for proposals (RFP) for On -Call Geotechnical Engineering Services on the City's Planet Bids Portal (City's Procurement System) and the Press Enterprise (local newspaper). On October 22, 2024, the City published clarifying responses and answers to questions posed by interested proposers to the RFP.

On October 28, 2024, the City received twelve (12) proposals from qualified consulting firms interested in providing professional Geotechnical Engineering Services for the City. These proposers include the following:
• American Engineering Laboratories, Inc., La Habra, CA • Aragon Geotechnical, Inc., Riverside, CA
• Barnett Quality Control Services, Inc. (NOVA), Irvine, CA

Page 1140 of 1627 ends

• Converse Consultants, Redlands, CA
• Earth Systems, Perris, CA
• EnGEN Corporation, Temecula, CA
• Geocon West, Inc., Loma Linda, CA
• GeoTek, Inc., Corona, CA
• Inland Foundation Engineering, Inc., San Jacinto, CA
• Terracon, Colton, CA
• Twining, Riverside, CA
• Verdantas, Rancho Cucamonga, CA
The proposals were reviewed by an evaluation panel consisting of three members of the Public Works Department. The panel cited all firms that provided responsive, qualified, and knowledgeable proposals about the requirements for the support services requested. Based on the evaluation scores, Staff is recommending the following three (3) consulting firms to provide on -call geotechnical engineering services for the City:
• Earth System, Perris, CA
• Verdantas, Rancho Cucamonga, CA
• Geocon West, Inc., Loma Linda, CA
These firms demonstrated the most efficient approach, responsiveness, and ability to provide quality geotechnical services to the City. As aforementioned, Staff believes that having three on -call service providers will allow the City flexibility to meet the current infrastructure needs and provide competitive, high -quality results.

Task Order Note
The cumulative total for task orders associated with each project, shall not exceed the amount set forth in the Beaumont Municipal Code 3.02.090 — Contract under $75,000; unless approved by City Council.

Fiscal Impact:

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

City Staff is requesting an annual amount, not to exceed $300,000 per firm, to be paid through CIP budgets. As stated above, the cumulative total for task orders associated with each project shall not exceed $75,000 unless approved by City Council.

Page 1141 of 1627 ends

Recommended Action:

Award Professional Services Agreements to three firms (Earth Systems, Geocon West, Inc., and Verdantas) for On -Call Geotechnical Engineering Services for a three (3) year term in an amount not to exceed $300,000 per firm annually and authorize the Mayor to sign.

Attachments:

A. Professional Services Agreement and Proposal — Earth Systems B. Levine Act Statement - Earth Systems
C. Professional Services Agreement and Proposal — Geocon West, Inc.

D. Levine Act Statement — Geocon West, Inc.

E. Professional Services Agreement and Proposal — Verdantas F. Levine Act Statement - Verdantas

Page 1142 of 1627 ends

City of Beaumont
C24-157

AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective upon signature, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and EARTH SYSTEMS ("CONTRACTOR"), whose address is 1680 Illinois Avenue, Suite 20, Perris, CA 92571.

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 On -Call Geotechnical Engineering Services.

B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "B" 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.

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) years 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: Proposal per Exhibit "B". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Kevin Paul as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.

3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.

Page 11413 of 1627 ends

City of Beaumont
C24-157

4. Compensation.

4.01 CONTRACTOR shall be paid at the rates set forth in the Cost 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 THOUSAND Dollars and 00/100 Cents ($300,000.00) annually.

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 CONTRACTOR shall receive payment by the CITY for the services provided specified in Exhibit "B".
a. CONTRACTOR shall submit all invoices to the City of Beaumont's Accounts Payable at the email address listed below.
b. CONTRACTOR will send the original invoices to:

City of Beaumont
Attn: Finance Department -Accounts Payable
[email protected]
c. Each invoice shall contain a minimum of the following information:
invoice number and date; PO number (once issued by the CITY), remittance address; bill -to and ship -to addresses of ordering department/division; Agreement number (24-157), quantities; item descriptions, unit prices, extensions, sales/use tax

Page 1144 of 1627 ends

City of Beaumont
C24-157
if applicable, an invoice total, and any other information requested by the CITY.

4.05 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.

5. Obligations of CONTRACTOR.

5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the 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.

Page 11435 of 1627 ends

City of Beaumont
C24-157

5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.

5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.

5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.

6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA.

Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "C" 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 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 _ /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its

Page 11 ends

City of Beaumont
C24-157
employees and/or agents in the performance of any Services for CITY.

7. General Conditions pertaining to Insurance Coverage

7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.

7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

7.04 Self-insurance does not comply with these insurance specifications.

CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY' s protection without CITY' s prior written consent.

7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

8. Indemnification.

8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.

Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.

Page 11457 of 1627 ends

City of Beaumont
C24-157
CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.

CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY.

All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
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.

Page 1148 of 1627 ends

City of Beaumont
C24-157
CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.

9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.

10. Termination of Agreement.

10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.

10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement.

Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.

11. Status of CONTRACTOR.

11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement.

11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, 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,

Page 11479 of 1627 ends

Beaumont City CouncilFebruary 18, 2025

Beaumont City Council
February 18, 2025