Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE April 15, 2025
SUBJECT: Authorize the Fourth Amendment to the City Manager Employment Agreement
Description The City Council and City Manager engage in labor negotiations on an annual basis as it relates to the anniversary of the appointment date at City Manager with the City, April 11, 2023.
Background and Analysis:
The result of those negotiations is reflected in the attached fourth amendment to the City Manager Employment Agreement. Substantive changes include a base salary increase of $26,374.44 a year.
Fiscal Impact:
The fiscal impact for the remainder of FY25 will be approximately $5,494 which can be absorbed by the current FY25 personnel budget. The cost of completing this staff report was approximately $347.
Recommended Action:
Authorize the Mayor to sign the Fourth Amendment to the City Manager Employment Contract.
Attachments:
A. Fourth Amendment to the City Manager Employment Contract
1 FOURTH AMENDMENT
TO
CITY MANAGER EMPLOYMENT AGREEMENT
This Fourth Amendment to the CITY MANAGER EMPLOYMENT AGREEMENT (“Employment Agreement”) is made and entered into this 15th day of April 2025, by and between the City of Beaumont (“City”) and City Manager Elizabeth Gibbs (Employee”).
WHEREAS, the parties entered into the Employment Agreement in 2022; and WHEREAS, the parties entered into a First Amended and Restated City Manager Employment Agreement on or about April 18, 2023; and
WHEREAS, the parties entered into a Second Amendment to the Employment Agreement on or about December 19, 2023; and
WHEREAS, the parties entered into a Third Amendment to the Employment Agreement on or about April 16, 2024; and
WHEREAS, the Employment Agreement, First Amended and Restated City Manager Employment Agreement, the Second Amendment and the Third Amendment to the Employment Agreement are collectively referred to herein as the “Employment Agreement”; and WHEREAS, the parties wish to further amend the terms of the Employment Agreement as set forth herein.
NOW, THEREFORE, it is mutually agreed that Section 2.1 of the Employment Agreement is amended to read as follows:
COMPENSATION BENEFITS AND REIMBURSEMENT.
“2.1 Base Salary. Commencing on April 11, 2025, EMPLOYEE’s gross annual salary shall be $280,283.40 (hereinafter, the “Base Salary”) to be paid in monthly or bi-weekly installments at the same time and in the same manner as other management employees of CITY.” Other than as amended above, all other terms of the Employment Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to the Employment Agreement as of the day and year first written above.
2 “CITY”
CITY OF BEAUMONT
By:________________________
Mike Lara, Mayor
“EMPLOYEE”
ELIZABETH GIBBS
By:________________________
Elizabeth Gibbs, City Manager
ATTEST:
By:________________________
City Clerk
APPROVED AS TO FORM:
By:___________________________
John O. Pinkney, City Attorney
Staff Report
TO: City Council
FROM: Gus Romo, Deputy City Manager
DATE April 15, 2025
SUBJECT: Approve a Memorandum of Understanding with the Cherry Festival Association for the 2025 Cherry Festival Event
Description Co-sponsorship and additional support for the 2025 Cherry Festival, including public safety, expanded shuttle service, parking support, and traffic control operations.
Background and Analysis:
The Cherry Festival Association (CFA) has organized the Cherry Festival for more than a century, promoting community spirit and generating significant economic activity. At the March 18th City Council meeting, City Council authorized a sponsorship in the amount of $100,000 to be paid directly to the entertainment vendor on behalf of the Cherry Festival Association (CFA).
Additionally, a subcommittee was formed consisting of Mayor Pro Tem Voigt and Council Member White in an effort to collaborate further with the Cherry Festival and the Beaumont Cherry Valley Recreation and Park District (BCVRPD). Several meetings have been held since then and the collaboration has led to a draft memorandum of understanding (MOU) between the City of Beaumont and the Cherry Festival Association outlining each party’s responsibilities for the 2025 event.
The terms of the agreement include:
City to serve as co-sponsor of the event
CFA to acknowledge co-sponsorship in all event related marketing materials The term of the agreement is April 15th – June 1st
CFA to provide any and all fencing expenses for the event in accordance with the approved fire marshal codes and regulations
CFA will be held responsible for maintenance expenses made necessary by the event
CFA to provide volunteers or paid staff prior to, during, and after the event for such services as trash removal, gate responsibilities and security CFA to provide maintenance services after the event concludes and to return spaces to their original conditions
CFA to provide private security for the event that are licensed, bonded and approved by the Beaumont Police Department
City to provide police services for the event at City’s sole expense, including, crowd control, traffic management, and general public safety measu res City to provide fire services for the event at the City’s sole expense to include fire prevention and emergency medical services
City to provide transit services and traffic control for the event and shall have ultimate authority and sole discretion to charge fees for these services City to have sole and exclusive control over all parking arrangements, parking plans and facilities, and parking related operations related to the event, including designating parking areas and parking facilities, determining parking capacity and limitations, establishing traffic flow and parking patterns, implementing parking restrictions and regulations, providing parking enforcement personnel, and installing temporary signage and barriers as needed City shall have the exclusive right to set, collect, and retain all parking fees associated with the event and may include general parking fees, premium or VIP parking fees, and parking permit fees for vendors, staff, or other designated groups
CFA to indemnify the City
City to indemnify the CFA, but only to the extent that the City has insurance coverage for such claims and the duty to defend and indemnify the CFA shall be limited to the City’s applicable insurance coverage limits CFA to comply with all local, state and federal laws and regulations Fiscal Impact:
The cost of preparing this staff report is estimated to be $400.
The estimated costs compiled at the time of posting the agenda are listed below:
Police Department Services: $60,000
Shuttle Services: $6,171.98
Fire Services: Unknown
Traffic Management and Parking Management: Unknown
Other potential costs, including insurance authorization from the City’s excess insurance carrier, continue to be evaluated and will be presented to Council at the meeting.
Recommended Action:
Discuss the draft MOU and approve the Mayor signing on behalf of the City; OR
Discuss the draft MOU and make any changes necessary.
Attachments:
A. Draft MOU with the Cherry Festival Association
B. Updated Proposal Letter
C. Minutes from CFA April 9, 2025 meeting
D. CFA Traffic Control Plans
E. AWP Traffic Control Estimate
1 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BEAUMONT
AND
CHERRY FESTIVAL ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (“Agreement”) is entered into this __ day of April 2025, by and between The City of Beaumont (“City”) whose address is 550 E. 6th Street, Beaumont, California 92223, and the Cherry Festival Association, a California nonprofit public benefit corporation (herein “Association”) whose address is 1310 Oak Valley PKWY Beaumont, California 92223, to establish a mutual agreement for the terms and conditions for the operation of the 2025 Beaumont Cherry Festival which is scheduled to occur on May 29, 2025 through June 1, 2025 (“Event”). City and Association may be referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, the Association has been organizing the annual Cherry Festival for over 100 years, fostering community engagement, entertainment, recreation and economic benefits for the City.
WHEREAS, the City recognizes the importance of the Cherry Festival in fostering community spirit, promoting local culture, and stimulating economic activity within its jurisdiction.
WHEREAS, the City wishes to support the 2025 Cherry Festival through financial co- sponsorship to ensure it remains accessible to all residents and continues to provide important public benefits, including but not limited to high-quality entertainment, community centered activities, recreation, economic activity, opportunity for vendors and community programs.
WHEREAS, the City’s commitment to this Agreement is for the benefit of the public and public funds are used to promote public health, entertainment, recreation, wellbeing, environmental stewardship and economic activity.
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged City and Association hereby agree as follows:
2 TERMS
1.0 Incorporation of Recitals.
1.1 The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2.0 Relationships. The Parties agree that the relationship of the Parties is between two separate and independent entities. There is not a joint venture, joint powers agreement, partnership, employer-employee relationship or any principal-agent relationship.
3.0 Agreements.
3.1 The City hereby agrees to serve as Co-Sponsor of the Event, with all rights and responsibilities associated with such co-sponsorship as provided under this Agreement and California law
3.2 The Parties agree that City’s co-sponsorship shall be acknowledged in all Event- related marketing materials, including but not limited to advertisements, the Association’s website, all of Association’s social media, promotional materials, and signage.
3.3 The Parties agree and confirm that the term of this Agreement will take effect on April 15, 2025, and end at midnight June 1, 2025. The Parties may extend this Agreement beyond the initial term only upon mutual written agreement.
3.4 The Parties agree and confirm that either Party may terminate this Agreement, with or without cause, by providing thirty (30) days written notice to the other party.
4.0 Association’s Provision of Services.
4.1 Association agrees and understands that the following items will need to be provided by the Association for the event:
4.1.1 Any and all fencing expenses made necessary for the Event according to the approved fire marshal codes and regulations.
4.1.2 Hold responsibility for maintenance expenses made necessary by the Event and its areas of use.
4.1.3 Provide volunteers or paid staff prior to, during, and after the Event for such services as trash removal, gate responsibilities and security.
4.1.4 Maintenance services after the Event has concluded to return the spaces to their original conditions.
3 4.1.5 Security. The Association shall be responsible for providing private security for the Event to be provided by guards that are licensed and approved by the City’s Police Department. The security company shall be licensed and bonded.
5.0 City’s Provision of Services.
5.1 Police Services. The City will provide police services for the Event at the City’s sole expense. Such services will include: crowd control, traffic management, and general public safety measures as deemed necessary by the City and its Police Department.
5.2 Fire Services. The City will provide fire services for the Event at the City’s sole expense. Such services will include: fire prevention and emergency medical services as deemed necessary by the City’s Fire Department.
5.3 Transit Services and Traffic Control. The City shall provide transit services and traffic control for the Event and shall have sole and exclusive control over such services, with ultimate authority and sole discretion to charge fees for the provision of these services.
5.4 Parking Control and Costs. The City shall have sole and exclusive control over all parking arrangements, parking plans and facilities, and parking related operations related to the Event, including but not limited to: designating parking areas and parking facilities; determining parking capacity and limitations; establishing traffic flow and parking patterns; implementing parking restrictions and regulations; providing parking enforcement personnel; and installing temporary signage and barriers as City determines are needed in its sole discretion.
The City shall have the exclusive right to set, collect, and retain all parking fees associated with the Event. Such fees may include but are not limited to: general parking fees; premium or VIP parking fees; and parking permit fees for vendors, staff, or other designated groups.
6.0 Obligations and Indemnification.
6.1 Association Employees and Volunteers. Association hereby agrees to be solely responsible for the health and safety of its employees, volunteers, independent contractors, subcontractors and agents in performing this Agreement and in connection with the Event and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
6.2 Association’s Indemnification. Association shall defend, indemnify, and hold harmless City and its officers, officials, employees, volunteers, and agents from and against any and all claims, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way related to claims by
4 Associations employees, volunteers, independent contractors, subcontractors and agents that are in any way related to the Event or Association’s acts and omissions.
This indemnification obligation shall survive the termination or expiration of this Agreement.
6.3 City’s Indemnification. City shall defend and indemnify Association for any personal injury or property damage claim occurring at the Event, but only to the extent that City has insurance coverage for such claims. City’s duty to defend and indemnify Association shall be limited to City’s applicable insurance coverage limits.
7.0 Compliance with Law.
7.1 Association will comply with all local, state and federal laws and regulations related to the Event.
7.2 Association agrees to abide by all applicable local, state, and federal accessibility standards and regulations.
7.3 Association further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the Event.
8.0 Miscellaneous.
8.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
5 8.2 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
To City:
Elizabeth Gibbs
City Manager
550 E. 6th Street
Beaumont, CA 92223
To Association:
Cherry Festival Association
1310 Oak Valley, PKWY
Beaumont, CA 92223
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
8.3 Cooperation; Further Acts. The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
8.4 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not workdays. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
8.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all Parties.
8.6 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
8.7 Assignment or Transfer. The Parties shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other Party. Any attempt to do so shall be null and
6 void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
8.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
8.9 No Third Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
8.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
8.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding.
8.12 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with diligence to complete all covenants and conditions.
8.13 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
8.14 Entire Agreement. This Agreement contains the entire agreement between Parties and supersedes any prior oral or written statements or agreements between Parties regarding the limited subject matter stated within this Agreement.
[SIGNATURES OF PARTIES ON NEXT PAGE]
7 SIGNATURE PAGE
TO
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BEAUMONT
AND
CHERRY FESTIVAL ASSOCIATION
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
City of Beaumont
By: ______________________________
Its: ______________________________
ATTEST:
By: ________________________________
Its: ________________________________
CHERRY FESTIVAL ASSOCIATION
By: ________________________________
Title:
APPROVED AS TO FORM:
By: ________________________________
GENERAL COUNSEL
Cherry Festival Association
1310 Oak Valley Pkwy, Beaumont Ca 92223
951-663-0601 [email protected]
www.beaumontcherryfestival.org
Dear Council Members of the City of Beaumont,
The CFA would like to start off by thanking the council for their continued support in making sure that the 2025 Cherry Festival is a success. After much discussion and after exhausting all avenues, the CFA has come to realize that we need much more support to be able to make the 2025 Cherry Festival happen. We come to the council with the following proposal in good faith and in hopes of establishing a partnership with the City of Beaumont with full transparency.
The CFA, as of this letter, has not been able to obtain the limits of insurance as requested by Noble Creek. As we continue to work on obtaining the limits, we have analyzed our current financial situation and have concluded we do not have the funds to pay for the premiums. To show full transparency we have listed all our current financial obligations below:
Starting Balance: $340,028 Current Balance: $116,035 Expenses Already Paid:
- Entertainment (M&M): $110,884
- Venue Rental (Noble Creek):
$35,000
- Tents, Tables & Chairs: $4,100
(Deposit)
- Marketing: $7,847
- Community (Scholarships &
Donations): $11,704
- Contracting Fees: $48,900
- Office Expenses: $ 3,900
- Networking (Chamber Breakfast):
$1,635
TOTAL: $223,970
Expenses Needing to be Paid Out:
- Marketing: $3,847
- Tent Rental: $4,000
- Venue: $12,500
- Production: $34,500
- Contractors: $10,000
- Fencing: $35,000
- Security: $60,000 (Not Including
Beaumont PD)
- Insurance: Est. $70,000
- Parking: $70,000
- Beer Garden: $30,000
TOTAL: $329,847
With the above-mentioned expenses The CFA is asking for assistance from the City of Beaumont, by making the 2025 Annual Cherry Festival a city sponsored event. It is not easy for the CFA to admit that we have underestimated the total costs of the event and are not fully equipped to solely take on the entire event for 2025. We greatly appreciate the council taking the time to consider this new proposal and to help keep this community staple alive. The CFA would like to note that while this year we are asking much of the city of Beaumont, the overall goal of the CFA is to be self-sustaining. We would like to offer some insight into the steps that the CFA will be taking to make that happen.
We have committed to focusing on creating a Strategic plan, immediately following the event to ensure that we can accurately plan and allocate resources to ensure a successful event and address any issues or concerns with adequate time. The CFA is also committed to having open-minded discussions with The City of Beaumont and The Parks District following the event.
We are continuing to seek out more partnerships and sponsorships to address the growing cost to plan and execute the festival. We are also planning on capitalizing on any event we can be a part of, as a means to raise money for our community / foundation resources, so as not to deplete funds for the festival. We are committed to making progress towards being self-sustaining.
The CFA would like to, once again, thank the council members for their time considering this proposal. We are available to address any concerns and questions the council might have.
Dan Roush
President, Cherry Festival Association
CHERRY FESTIVAL ASSOCIATION
REGULAR MEETING OF THE ASSOCIATION
on this 9th day of APRIL 2025
MINUTES
CALL TO ORDER – 5:40pm
ROLL CALL BY SECRETARY – Directors absent - Keith, Robert. Attented virtually – Jorge.
MINUTES – 03/26/25
Motion – Lilian
Second – Nick
Motion: Majority | Unanimous Approved | Opposed
TREASURE REPORT & BILLS PAID -
As of: 04/9/25
Checking Account:$20,727.63 Money Markey Account: $140,707.83 Tent Account: same at $3,714.54 MM ___ 2025 Interest (3%):
Bills Paid: $3,847 -50% deposit to Record Gazette, $12,500 -payment to Noble Creek, $1,250 to web designer, $2,250 -Arianah, $2,000- Kiara, $4,100 -50% deposit to Titan Tents
GUESTS/MEMBERS WISHING TO ADDRESS THE BOARD –
Councilmember Lloyd White & Sgt Nathan Lunt.
Lloyd white proposed the City of Beaumont, The Cherry Festival Association, and Noble Creek go in three ways to help with the festival this year. City would take on insurance, police, fire, perimeter, promotion (with the PIO), Transit shuttle, parking, tickets and gates. Noble Creek would take on the grounds & restrooms, trash and 2 beer gardens with a profit share of 70/30.
Cherry fest would continue on with Entertainment, Internal Security, Vendors, Carnival, and park rental fees to Noble creek. There was also talk of Jimmy from the craft lounge running a beer garden with a profit share. Lloyds long term goal is for this event to end up at the Danny Thomas Ranch. The board needs to discuss and come to a decision tonight as this would need to go to Council this coming Tuesday (the 15th).
CORRESPONDANCE/MAIL – None
OLD/UNFINISHED BUSINESS –
1. Important Updates from Ari in regards to insurance, next steps, beer garden, etc.
With the discussion with Lloyd, what are the next steps that are going to benefit the Festival and the CFA in the future?
NEW BUSINESS – Making a decision on Councilmember Lloyd Whites proposal. Arianah made a motion to move forward with Lloyds offer with the exception of tabling the discussion about the beer garden. Jeannie seconded. Approved.
NEXT MEETING -Wed. April 16 WE WILL HAVE A MEETING TO DISCUSS WHAT HAPPENS AT THE COUNCIL MEETING, April 23rd, Wed. May 7th, 14th, 21st.
ADJOURNMENT OF MEETING – 7:49pm
ITEM #QTY.
A 6
B 6
$3,000.00
TEMPORARY TRAFFIC CONTROL PLANS
Without PE engineer review and stamp
Cherry festival traffic control plans.
Estimated number of pages for closure plans on Oak Valley TOTAL
DELIVERY
LICENSE #: 975518 * UNION * LICENSE #: 975518
SALES QUOTE
COMPANY:Beaumont-Cherry Valley Recreation & Park District - 2025 Cherry Festival ATTN:Deidre Chatigny FROM:Traffic Plans / M.S.
-
-
$1,200.00
-
-
Pkwy. and Beaumont Ave.
City of Beaumont
(If required)
-
PE Civil and Traffic engineer review and stamp of plan
$1,800.00
-
-
-
-
-
-
-
NOTES
SUB-TOTAL
ACCEPTED X DATE:
-
$300.00
$3,000.00
PO# JOB# FAX:
E-MAIL:
PHONE:
951-845-9557
951-845-9555
[email protected]
2722 Fairview St.
Santa Ana, CA 92704
Santa Ana Traffic Planning
DESCRIPTION COST AMOUNT
DATE:
PROJECT:
PHONE: (714) 468-1919
FAX: (888) 503-8539
$200.00
CONTRACT#:
4/3/2025
2025 Cherry Festival
PRINT NAME TITLE -
-
-
-
-
* PAYMENT TERMS ARE 100% NET 30 (APR). NO RETENTION
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
Darron Usher, Principal Management Analyst
DATE April 15, 2025
SUBJECT: Discussion on the State Fire Marshal’s Updated Fire Hazard Severity Zone (FHSZ) Maps for Local Responsibility Areas
Description This report provides an overview of the recent Executive Order (EO) signed by the Governor and the release of updated Fire Hazard Severity Zone (FHSZ) maps for Local Responsibility Areas (LRA) by the Office of the State Fire Marshal. The update significantly expands designated fire hazard zones and includes regulatory implications for the City of Beaumont.
Background and Analysis:
On February 6, 2025, the Governor signed an Executive Order directing the update and distribution of FHSZ maps, which now designate an additional 200 cities across California—bringing the total to 389 cities, including the city of Beaumont.
The updated maps incorporate 1.4 million new acres into the “high” and “very high” fire hazard severity tiers. This reclassification will trigger required changes to local building codes and planning practices to address increased fire risk. Notably, the EO also instructs the State Board of Forestry to expedite the adoption of “Zone 0” regulations, mandating ember-resistant zones within five feet of structures in the very high fire hazard zones. The maps were distributed to the City on March 24, 2025, and a dedicated webpage was launched on April 2 to keep residents informed. The page was also shared widely across our social media platforms on April 4 to reach as many people as possible. The webpage included everything from maps to frequently asked questions, and even a form for the public to submit comments or questions directly to CAL FIRE.
Wildfire Preparedness: Defensible Space Guidelines (Zones 0, 1, and 2)
To reduce the risk of home ignition from wildfires, residents are encouraged to maintain defensible space around their homes through the following three zones:
Zone 0 – Ember-Resistant Zone (0–5 feet from the home):
This is the most critical area to protect against flying embers, which cause the majority of home ignitions during wildfires.
Key actions:
Use non-combustible hardscape (e.g., gravel, pavers). Remove dead plants, debris, and combustible materials from roofs, gutters, decks, and porches.
Trim tree branches within 10 feet of chimneys or stovepipes. Limit flammable items such as furniture and planters. Relocate firewood, lumber, and garbage/recycling containers outside this zone. Replace combustible fencing or arbors attached to the home.
Zone 1 – Lean, Clean, and Green Zone (5–30 feet from the home):
Creating space and clearing dead vegetation reduces fire intensity near structures.
Key actions:
Remove dead plants, grass, leaves, and pine needles.
Trim trees to maintain 10 feet of spacing between branches. Space trees and shrubs away from flammable items like furniture and playsets.
Zone 2 – Reduced Fuel Zone (30–100 feet or to property line):
Focus on reducing potential f ire fuel and maintaining defensible space as required by Public Resources Code 4291.
Key actions:
Mow grass to a maximum height of four inches.
Maintain horizontal and vertical spacing between vegetation. Remove excess debris but allow natural materials up to 3 inches deep. Maintain 10 feet of clearance around wood piles, outbuildings, and propane tanks.
These actions collectively reduce wildfire risk and help protect homes and structures from ignition.
Fire Hazard Severity Zone Requirements
Per State law, cities are required to follow these statutory steps upon the release of the LRA maps:
1. Public Review: Make the maps available for public review and comment within 30 days of the release date.
2. Local Ordinance Adoption: Adopt the updated maps by ordinance within 120 days.
3. State Notification: Submit the adopted ordinance to the state within 30 days of local adoption.
Additionally, Cal-Fire has created a Frequently Asked Questions which is attached to this staff report to help residents better understand the changes (Attachment C). Below is a link to Riverside County’s Fire website, which will provide additional information regarding the updated fire maps, including address specific information for residents.
https://rvcfire.org/our-departments/fire-marshal/FHSZ-map Fiscal Impact:
The cost of preparing this staff report is estimated to be $400.
There is no immediate fiscal impact associated with this discussion item. However, future fiscal considerations may arise from costs related to ordinance preparation, community outreach, and compliance with “Zone 0” regulations.
Recommended Action:
Receive and file. This item is informational only. A public hearing will be scheduled to adopt an ordinance in accordance with State law.
Attachments:
A. Executive Order
B. FHSZ – City of Beaumont
C. Cal-Fire Frequently Asked Questions
City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency Gavin Newsom, Governor, State of CaliforniaThe State of California and the Department of Forestry and Fire Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:67,000 at 11" x 17"
0 1 2 3 4 5Km
0 1 2 3Mi
Very High High Moderate
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Beaumont
10 Oak
V
alley Pkwy
79 60
UNINCORPORATED
RIVERSIDE CO.
BANNING
CALIMESA
SAN JACINTO
March 24, 2025
As Identified by the
State Fire MarshalLocal Responsibility Area
Fire Hazard Severity Zones
CITY OF BEAUMONT – RIVERSIDE COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
CAL FIRE – December 18, 2024
2024 FAQ Page 1
• What is a “Fire Hazard Severity Zone,” or FHSZ?
o Answer: Public Resource Code 4202; The State Fire Marshal shall classify lands within state responsibility areas into fire hazard severity zones. Each zone shall embrace relatively homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been identified by the department as a major cause of wildfire spread. Government Code 51178; The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
• Why are fire hazard severity maps being updated?
o Answer: The hazard maps are being updated to more accurately reflect the zones in California that are susceptible to wildfire. The hazard mapping process will incorporate new science in local climate data and improved fire assessment modeling in determining hazard ratings.
• What do Fire Hazard Severity Zones measure?
o Answer: The Fire Hazard Severity Zone map evaluates “hazard,” not “risk”. The map is like flood zone maps, where lands are described in terms of the probability level of a particular area being inundated by floodwaters, and not specifically prescriptive of impacts. “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures such as home hardening, recent wildfire, or fuel reduction efforts. “Risk” is the potential damage a fire can do to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition resistant building construction.
• Where do Fire Hazard Severity Zones apply?
o Answer: Fire Hazard Severity Zones are found in areas where the state has financial responsibility for wildfire protection and prevention, called the State Responsibility Area.
More than 31 million acres are in this area. Under Senate Bill 63 (Stern, 2021) Government Code 51178 was amended to add the Moderate and High Fire Hazard Severity Zones with the Very High in local jurisdictions.
• What are the uses of Fire Hazard Severity Zones?
o Answer: The zones are used for several purposes including to designate areas where California’s defensible space standards and wildland urban interface building codes are F REQUENTLY A SKED Q UESTIONS A BOUT :
202 4 Fire Hazard Severity Zon es
F ire Hazard Severity Zones Explained
CAL FIRE – December 18, 2024
2024 FAQ Page 2
required. They can be a factor in real estate disclosure, and local governments may consider them in their general plan.
• Is there an easy way to determine the Fire Hazard Severity Zone of my property? o Answer: You can search by address to find your current designation on the web at:
osfm.fire.ca.gov/FHSZ
• What are the key elements of the Fire Hazard Severity Zone model? o Answer: The fire hazard severity model for wildland fire has two key elements: probability of an area burning and expected fire behavior under extreme fuel and weather conditions.
The zones reflect areas that have similar burn probabilities and fire behavior characteristics. The factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and potential fuel over a 50-year period.
Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegetation cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands. FHSZs are not a structure loss model, as key information regarding structure ignition (such as roof type, etc.) is not included.
• How do the Fire Hazard Severity Zone Maps differ from California Public Utilities Commission (CPUC) High Fire Threat District Maps?
o Answer: The California Public Utilities Commission (CPUC) sponsored map, known as "CPUC High Fire Threat District Map” (HFTD), includes similar factors as those in the FHSZ maps, however the CPUC HFTD Map is designed specifically for identifying areas where there is an increased risk for utility associated wildfires. As such, the CPUC map includes fire hazards associated with historical powerline-caused wildfires, current fuel conditions, and scores areas based on where fires start, as opposed to where potential fires may cause impacts.
• Why is my property in a different zone than the adjacent area, which looks similar? o Answer: In non-wildland areas, zone edges occur based on distance to the wildland edge.
Because hazard in these areas is largely determined by incoming embers from adjacent wildland, urban areas that are similar in vegetation type and housing density may have a change in FHSZ class as the distance to the wildland edge increases. Areas immediately adjacent to wildland receive the same FHSZ score as that wildland where fire originates, and the model then produces lower scores as the distance to wildland edge increases.
In wildland areas, zone edges are a result of the way zones are delineated. Specifically, zones represent areas of similar slope and fuel potential. Zone boundaries divide zones based on geographic and vegetation features that align with fire hazard potential; although, at a local scale, it may appear that the immediate area is similar on both sides of the edge. The class value within a zone is based on the average hazard score across the whole zone, so areas that are in the same zone but not immediately adjacent to a local area can have an influence on the final zone classification.
Data Related Questions
• How are Fire Hazard Severity Zones determined?
o Answer: CAL FIRE used the best available science and data to develop, and field test a model that served as the basis of zone assignments. The model evaluated the probability of
CAL FIRE – December 18, 2024
2024 FAQ Page 3
the area burning and potential fire behavior in the area. Many factors were included such as fire history, vegetation, flame length, blowing embers, proximity to wildland, terrain, and weather.
• What new data will be included in the new model, and how does this differ from the previous model?
o Answer: A 2 km grid of climate data covering the years 2003-2018 is being used in the update. The previous model used stock weather inputs across the state to calculate wildland fire intensity scores. The updated model will adjust fire intensity scores based on the most extreme fire weather at a given location, considering temperature, humidity, and wind speed. In addition, ember transport is being modeled based on local distributions of observed wind speed and direction values instead of using a generic buffer distance for urban areas adjacent to wildlands.
• What is the difference between the various Fire Hazard Severity Zones? o Answer: Classification of a wildland zone as Moderate, High or Very High fire hazard is based on the average hazard across the area included in the zone, which have a minimum size of 200 acres. In wildlands, hazard is a function of modeled flame length under the worst conditions and annual burn probability. Both these factors generally increase with increasing hazard level, but there may be instances where one value is Very High and the other is low, pushing the overall hazard into a more intermediate ranking. On average, both modeled flame length and burn probability increase by roughly 40-60% between hazard classes. Classification outside of wildland areas is based on the fire hazard of the adjacent wildland and the probability of flames and embers threatening buildings.
• Why does the model place an emphasis on the spread of embers? o Answer: Embers spread wildfire because they can travel long distances in the wind and ignite vegetation, roofs, attics (by getting into vents), and decks.
State Regulated Area Questions
• When were the maps last updated?
o Answer: The Office of the State Fire Marshal began the regulatory process for the State Responsibility Area (SRA) in December 2022, the final maps were adopted on January 31, 2024, and became effective April 1, 2024.
• What is “State Responsibility Area," or SRA?
o Answer: SRA is a legal term defining the area where the state has financial responsibility for wildland fire protection and prevention. Incorporated cities and federal ownership are not included. Within the SRA, CAL FIRE is responsible for fire prevention and suppression.
There are more than 31 million acres in SRA, with an estimated 1.7 million people and 800,000 existing homes.
• How is state responsibility area determined?
o Answer: The Board of Forestry and Fire Protection (Board) classifies land as State Responsibility Area. The legal definition of SRA is found in the Public Resources Code Section 4125. The Board has developed detailed procedures to classify lands as State Responsibility Area. Lands are removed from SRA when they become incorporated by a city, change in ownership to the federal government, become more densely populated, or are converted to intensive agriculture that minimizes the risk of wildfire. While some lands are removed from SRA automatically, the Board typically reviews changes every five years.
CAL FIRE – December 18, 2024
2024 FAQ Page 4
• What Fire Hazard Severity Zones are in State Responsibility Area? o Answer: All of the State Responsibility Area is in a Fire Hazard Severity Zone. Lands are either ranked as Moderate, High or Very High Fire Hazard Severity Zones.
• What are the wildland urban interface (WUI) building codes in State Responsibility Area? o Answer: The WUI building codes (California Building Code (CBC) Chapter 7A) reduce the risk of embers fanned by wind-blown wildfires from igniting buildings. The codes for roofing, siding, decking, windows, and vents apply throughout all state responsibility area regardless of the fire hazard severity ranking. Ember-resistant building materials can be found at: https://osfm.fire.ca.gov/divisions/fire-engineering-and- investigations/buildingmaterials-listing/
• Is the GIS data for Fire Hazard Severity Zones available for download? o Answer: The data inputs used to develop the Fire Hazard Severity Zones are identified in the Initial Statement of Reasons (ISOR) Title 19 Development (ca.gov). CAL FIRE has developed an additional data package which consists of sequential modeling steps, including any data inputs that were not already publicly available and referenced in the ISOR. The data package encompasses 34 spatial datasets and 8 tables, provided in raster, polygon, and table format. These datasets are formatted for Esri ArcGIS software, except for four tables provided in Excel. Ten of the datasets are updated versions used to produce an edited SRA FHSZ map following the public comment period that ended April 4, 2023.
Upon formal adoption of the FHSZ map, the final SRA FHSZ geospatial data file will become available. The data package is available on the FHSZ website Fire Hazard Severity Zones (ca.gov) under the science and methods banner.
• Why do waterbodies have a Fire Hazard Severity Zone Classification? o Answer: All areas in State Responsibility Area, including water bodies, require a fire hazard severity zone designation. The 2007 FHSZ maps zoned all water as moderate by default. In the 2023 FHSZ model we added a buffer of FHSZ from the surrounding wildland into water bodies to account for potential threat of embers to buildings on docks and house boats, as well as variation in reservoir height that occurs with drought.
Local Regulated Area Questions
• What is “Local Responsibility Area”, or LRA?
o Answer: Local Responsibility Areas (LRA) are incorporated cities, urban regions, agriculture lands, and portions of the desert where the local government is responsible for wildfire protection. This is typically provided by city fire departments, fire protection districts, counties, and by CAL FIRE under contract.
• When did Fire Hazard Severity Zones start in Local Responsibility Area? o Answer: The “Bates Bill” (AB 337), Government Code Section 51175, was prompted by the devastating Oakland Hills Fire of 1991. This mid-1990s legislation calls for CAL FIRE to evaluate fire hazard severity in local responsibility area and to make a recommendation to the local jurisdiction where very high FHSZs exist. The Government Code then provides direction for the local jurisdiction to take appropriate action.
• How are Fire Hazard Severity Zones determined in local responsibility areas? o Answer: CAL FIRE uses an extension of the state responsibility area Fire Hazard Severity
CAL FIRE – December 18, 2024
2024 FAQ Page 5
Zone model as the basis for evaluating fire hazard in Local Responsibility Area. The Local Responsibility Area hazard rating reflects flame and ember intrusion from adjacent wildlands and from flammable vegetation in the urban area.
• What are the requirements for landowners in FHSZs in local responsibility areas? o Answer: California’s WUI building codes (CBC Chapter 7A) apply to the design and construction of new buildings located in High and Very High FHSZs in Local Responsibility Areas. Local ordinances may require ignition resistant construction for remodel projects.
Check with your local building department to determine which ignition resistant building codes apply to your project. In addition, Government Code Section 51182 calls for defensible space clearance and other wildland fire safety practices for buildings. Owners are also required to make a natural hazard disclosure as part of a real estate transfer. For information regarding “home hardening” and defensible space clearance, visit www.ReadyForWildfire.org .
• Does the designation of Very High Fire Hazard Severity Zones in the Local Responsibility Area trigger the 100-foot clearance requirement?
o Answer: Yes, per Government Code 51182 unless a local government has passed a more stringent requirement, the 100-foot defensible space clearance applies. For information regarding “home hardening” and defensible space clearance, visit www.ReadyForWildfire.org .
• How does CAL FIRE assist Local Governments in Fire Hazard Severity Zones? o Answer: CAL FIRE’s Land Use Planning Program is a specialized unit that provides support to local governments by providing fire safety expertise on the State’s wildland urban interface building codes, wildfire safety codes, as well as helping in the development of the safety elements in general plans.
• What is the process for developing Fire Hazard Severity Zones in the Local Responsibility Area? o Answer: CAL FIRE uses the same modeling data that is used to map the State Responsibility Area. The map, along with a model ordinance, are then sent to the governing body for adoption.
• How are the new Fire Hazard Severity Zones impacting development? o Answer: Many of the changes expanding fire hazard severity zones in local responsibility areas (LRA) have been supported by the building industry. CAL FIRE works closely with the building industry when setting various building codes and defensible space requirements, so we are working together to not affect development itself but to make sure development matches the hazards of that area.
• When will the Local Responsibility Area Map be released? o Answer: The Local Responsibility Area Map Process will happen after the State Responsibility Area process has been completed, which is estimated to occur in the winter of 2025.
• Why haven’t Moderate and High Fire Hazard Severity Zone classes been classified before in the Local Responsibility Area?
o Answer: New legislation, Senate Bill 63 (Stern, 2021), now requires the adoption of all three Fire Hazard Severity Zone classes in the Local Responsibility Area. Previously only Very High Fire Hazard Severity Zones were required for adoption in Local Responsibility Areas.
CAL FIRE – December 18, 2024
2024 FAQ Page 6
Insurance Related Questions
•Will the new Fire Hazard Severity Zones affect my ability to get or maintain insurance? o Answer: Insurance companies use risk models, which differ from hazard models, because they consider the susceptibility of a structure to damage from fire and other short-term factors that are not included in hazard modeling. It is unlikely that insurance risk models specifically call out CAL FIRE Fire Hazard Severity Zones as a factor, but much of the same data that is used in the fire hazard severity zone model are likely included in the insurance companies’ risk models. However, insurance risk models incorporate many additional factors and factors that change more frequently than those that CAL FIRE includes in its hazard mapping, which is built to remain steady for the next 10+ years.
Resources, Additional Information, and Contact Information •To find the current FHSZ designation for a property, visit FHSZ Map Viewer (ca.gov). •Helpful links:
o FHSZ Website:
▪osfm.fire.ca.gov/FHSZ
o FHSZ Map Viewer:
▪FHSZ Map Viewer (ca.gov)
•Contacts for FHSZ for Public Questions:
o (916) 633-7655
o [email protected]
LOCAL RESPONSIBILITY AREA
FIRE HAZARD SEVERITY ZONES MAP UPDATE
What is a Fire Hazard Severity Zone?
A Fire Hazard Severity Zone (FHSZ)is an
area that the State Fire Marshal has
identified as being at risk of wildfires.
These zones are ranked as moderate, high, or very high based on factors like how much dry vegetation (fuel) is
present, the steepness of the land
(slope), weather conditions that
increase fire danger, and strong winds
that can quickly spread flames. The
goal of these classifications is to help
communities understand their wildfire
risk and take steps to stay safe.
Key Legislation
Assembly Bill 337 (1992) – Originally mandated the
identification of Very High Fire Hazard Severity Zones
following destructive wildfires. Panorama Fire in San
Bernardino and Tunnel Fire in Oakland Hills.
Senate Bill 63 (2021) – Amended Government Code
Section 51178 to expand fire hazard oversight to
include Moderate and High zones in addition to Very High FHSZ classifications with the LRA. Expanded the responsibility to the local agency, imposing a state-
mandate.
Assembly Bill 211 (2022) – Required local agencies
to adopt Moderate, High, and Very High FHSZ designations within 120 days of OSFM recommendations. Local governments cannot
downgrade state-designated hazard levels but may
increase them if justified.
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Areas (LRA)3/24/25Map Released
4/23/25Maps must
be made
available
for review
and public
comment 7/22/25Maps must
be
adopted
by
ordinance 8/21/25Ordinance
must be
sent to
Board of
Forestry
BIC
eehnia
e ones m In �g,a.� afire W «��Oft. Me
and way PO. Ws. based or W . fire , carveaVikli
�
'hr., h.`, we.. ore... are. ea oar. amen Err ream ma rev evereon hae FIRE 0remESAR25_11 _moi DEAN Remind. St. F. Morohni...portmerturFprogir,
Very High Fire Hazard Severity Zones in LRA
As Recommended by CAL FIRE
. n� PO en Internet at
., 94...80.,9,,,2,
Fire Hazard Severity Zones (FHSZ) in LRABeaumont
561
1,536
11,587
7,484
-
2,000
4,000
6,000
8,000
10,000
12,000
14,000
ACRESFIRE HAZARD SEVERITY ZONE
Chart Title
Moderate (2025)High (2025)Very High (2025)Very High (2011)
Properties are designated as Moderate, High, or Very High Fire Hazard Severity Zones based on:
•Terrain and topography
•Vegetation and fuel conditions
•Fire history and frequency
•Climate and weather patterns
Fire Hazard vs. Fire Risk
FHSZ maps identify the hazard potential, not the immediate risk. They do not factor in mitigation efforts such as defensible space, fire-resistant construction, or local firefighting capabilities.
FHSZ Classification
Effective
Jan 1, 2026
- ti
WE MY
HIGH
H
MODERATE
11.1 dopt FHS
CEQA MID
subdivision Map Act
Safety Elergint illl
&ire Safe Regulation
Chapter 7A
Adopt FHSZ D
ubdivision Map ct
Safety Eleme
lPe
Fire Safe Regulations
emic hapter 7A ID
Adopt FHSZ
_M
CEQA
Subdivision Mama
Safety Element T.
Fire Safe Regulations
Defensible pace
IliaLHazard Disclas
[Subdivision Review
Defensible Space
Hazard Disclosur
Subdivision Review
Defensible Space
Subdivision Review
Adopt FHSZ
LRA
lisiefen si b I e Space
Beard Disclosure
Irtgdivision Review
CEQA
bubdivision Map Ac
& Safety ElemenlIMI
Fire Safe Regulations
Chapter 7A
Adopt FHSZ
Hazard Disclosure
1111 apter 7A*
Effective January 1, 2026
Adopt FHSZ
Chapter 7A
What Does This Mean?
Requirements in Very High FHSZ:
•Maintain 100 feet of defensible space around structures. •Ensure new construction and some renovations adhere to Wildland-Urban Interface (WUI) building codes. •Disclose FHSZ designation when selling property.
Requirements in High FHSZ:
•Ensure new construction and some renovations adhere to Wildland-Urban Interface (WUI) building codes. •Disclose FHSZ designation when selling
Resources
RVC Fire – Fire Hazard Severity Zone Website
https://rvcfire.org/our-departments/fire-marshal/fire-hazard-severity-zones CAL FIRE FHSZ LRA Fact Sheet
https://www.paperturn-view.com/cal-
fire-communications/lra-legislation-
factsheet-flipbook-
combined?pid=ODg8841799&v=4
California Department of Insurance: Fire Hazard Severity Zones & Insurance Impacts https://www.centralfiresc.org/DocumentCenter/View/4533/Message-from-California-Department-of-Insurance-PDF.pdf?v=2711
THANK YOU
ANY QUESTIONS?
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
Darron Usher, Principal Management Analyst
DATE April 15, 2025
SUBJECT: Discussion and Direction on Proceeding with the Acquisition of a Ladder Truck in Coordination with Riverside County Fire Department
Description Discuss and provide direction to staff on proceeding with the acquisition of a readily available ladder truck identified by Riverside County Fire Department that meets all required specifications and may significantly reduce acquisition timelines.
Background and Analysis:
On June 20, 2023, staff presented City Council with a comprehensive staff report outlining the procurement options for various fire apparatus, including multiple configurations of engines, squads, and ladder trucks. Staff also presented quotes from Fire Apparatus Services and Rosenbauer, alongside staffing impacts, deployment advantages, and operational insights. A 100-foot Tractor Drawn Aerial (TDA) ladder truck was identified as the most versatile and maneuverable solution, supported by recommendations from peer agencies such as the Orange County Fire Authority.
As a result of those actions, City Council authorized staff to issue Purchase Order No. 22/231498 in the amount of $2,205,646.81 for a Spartan Quint TDA ladder truck through Riverside County Fire Department (the Purchase Order was subsequently rolled over into FY25 and became No. 22/231498 -R2)(Attachment A). This confirmed the City’s commitment to the acquisition and allowed for coordination with the County to move forward with the purchase.
On April 8, 2025, the City received correspondence from Riverside County Fire Department indicating the unexpected availability of a newly constructed ladder truck — originally ordered by a Texas fire department but released due to their shifting priorities (Attachment B). County Fire staff conducted an on-site inspection and confirmed the vehicle meets the operational specifications for Riverside County, and by exten sion, the City of Beaumont.
Acquiring this unit presents a strategic opportunity to expedite delivery, especially as many manufacturers report long production delays due to ongoing steel and aluminum tariffs. The County has offered to assign this vehicle to the City of Beaumont, fulfilling the City's existing Purchase Order and aligning with our fire services goals.
Fiscal Impact:
The cost of preparing this staff report is estimated to be $400.
Funding for the purchase of a ladder truck was previously approved as part of CIP No.
PS-05. No new funding is requested at this time.
Recommended Action:
Staff recommends City Council direct the Riverside County Fire Department to proceed with the acquisition of the identified ladder truck to fulfill the City’s existing purchase request.
Attachments:
A. Approved Purchase Order
B. Ladder Truck Acquisition Letter
PURCHASE ORDER
07/01/2024
ISSUED TO:
Date:
Vendor #:1328
COUNTY OF RIVERSIDE
Attn: RIVERSIDE COUNTY CLERK
PO BOX 512
RIVERSIDE, CA 92502
SHIP TO:CITY OF BEAUMONT CA
Attn:CITY MANAGER
550 EAST 6TH STREET
BEAUMONT, CA 92223
22/231498-R2PO Number:
Requisition #:REQ0002365
City Hall
550 E. 6th Street
Beaumont, CA 92223
PH: (951) 769-8520
FAX: (951) 769-8526
CITY OF BEAUMONT
UNITS DESCRIPTION AMOUNTGL ACCT #ITEM PRICEPROJ ACCT #
1 1
bdba7e4e-7485-4108-b475-b1e200f8f95c
Spartan Quint TDAReimbursement
bdba7e4e-7485-4108-b475-b1e200f8f95c
215-0000-8060-0000 1,399,924.032,205,646.81
bdba7e4e-7485-4108-b475-b1e200f8f95c
PS-05-A
bdba7e4e-7485-4108-b475-b1e200f8f95c500-0000-8060-0000 805,722.78PS-05-O bdba7e4e-7485-4108-b475-b1e200f8f95c
2,205,646.81TOTAL
SUBTOTAL:
0.00 2,205,646.81
SHIPPING:
Authorized by:
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
Original invoice with remittance slip must be sent to: ATTN: Finance - City Hall, 550 E. 6th Street, Beaumont, CA 92223.
Payment may be expected within 30 days of receipt of goods and invoice.
C.O.D. shipment will not be accepted.
Purchase Order numbers must appear on all shipping containers, packing slips and invoices. Failure to comply with the above request may delay payment.
All goods are to be shipped F.O.B. Destination unless otherwise stated.
All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted without approval of the Requesting Department. Material not approved will be returned at no cost to the City.
All goods and equipment must meet or exceed all necessary city, state and federal standards and regulations.
Vendor or manufacturer bears risk of loss or damage until property received and/or installed.
Seller acknowledges that the buyer is an equal opportunity employer. Seller will comply with all equal opportunity laws and regulations that are applicable to it as a supplier of the buyer.
ID# 95-6000676
TOTAL TAX:0.00
CAL FIRE – RIVERSIDE UNIT
RIVERSIDE COUNTY FIRE DEPARTMENT
BILL WEISER - Fire Chief
210 West San Jacinto Avenue, Perris, CA 92570-1915
Bus: (951) 940-6900 Fax: (951) 940-6373 www.rvcfire.org
PROUDLY SERVING THE
UNINCORPORATED AREAS
OF RIVERSIDE COUNTY
AND THE CITIES OF:
Banning
Beaumont
Coachella
Desert Hot Springs
Eastvale
Indian Wells
Indio
Jurupa Valley
Lake Elsinore
La Quinta
Menifee
Moreno Valley
Norco
Palm Desert
Perris
Rancho Mirage
Rubidoux CSD
San Jacinto
Temecula
Wildomar
BOARD OF
SUPERVISORS:
Jose Medina
District 1
Karen Spiegel
District 2
Chuck Washington
District 3
V. Manuel Perez
District 4
Dr. Yxstian Gutierrez
District 5
April 8th 2025
Beaumont City Manager
550 E. 6th Street
Beaumont, CA 92223
Subject: Potential Acquisition of Ladder Truck
Dear City Manager Gibbs,
This letter is to inform you of an opportunity that has recently come to the attention of Riverside County Fire regarding the acquisition of a ladder truck, which could significantly expedite the fulfillment of the City of Beaumont's truck purchase request.
Riverside County Fire fleet staff recently became aware of a newly built ladder truck that meets the specific requirements outlined by Riverside County Fire. This truck was originally manufactured for a fire department in Texas. However, due to a shift in their departmental priorities, they have opted to prioritize fire engines over this ladder truck.
Following this information, County Fire fleet staff and I conducted a thorough inspection of the vehicle at the dealer's location in Texas. We meticulously compared the truck's specifications against Riverside County's standards and have confirmed that it fully meets our requirements.
Given that this ladder truck aligns with Riverside County’ Fires, and by extension, the City of Beaumont’s specifications, we believe it presents an excellent opportunity to expedite the delivery of a much-needed resource to your department. We are therefore seeking your support to assign this vehicle to the City of Beaumont, thus fulfilling your existing truck purchase request.
Furthermore, we wish to bring to your attention a matter of considerable urgency. We have been notified by numerous fire apparatus manufacturers about potential significant delays in the production and delivery of new vehicles. These delays are primarily attributed to the current steel and aluminum tariffs applied to materials sourced from other countries. This situation could substantially impact the timeline for receiving any newly built apparatus, including the truck ordered by the City of Beaumont.
Acquiring this already completed ladder truck would bypass these potential delays, ensuring that the City of Beaumont receives the necessary equipment in a timely manner.
We believe this is a prudent and efficient solution to address your immediate needs while mitigating the risks associated with potential manufacturing delays.
**To further discuss this opportunity and provide detailed information, Riverside County Fire and our representatives would be happy to present this new option to the city on April 15th at your next council meeting.**
Please let us know your thoughts on this matter at your earliest convenience, and if you would like to have us present on the 15th, so we can proceed accordingly.
Thank you for your prompt attention to this critical issue.
Sincerely,
Geoffrey Pemberton
Chief Deputy of Riverside County Fire
City of Beaumont
Fire Department
APRIL 15, 2025
•Beaumont City Council previously approved the purchase of a Tractor Drawn Aerial truck (TDA)
•Riverside County Fire ordered the TDA for Beaumont to meet the department specifications for the equipment to be carried and the type of operations the vehicle is used for.
•Riverside County Fire was contacted by FAS about a TDA that a department ordered and decided not to go through with the purchase.
Riverside County Fire was asked if the department would be interested in purchasing.
•The apparatus and equipment committee compared our
specifications to the new build. The new build was within our specifications, but did need some minor modifications and had a few differences in design.
•Design differences such as using roll up doors verses compartment doors. •Modifications such as changing seats for clean cab environment and the emergency lighting package.
•The apparatus and equipment committee agreed that the TDA will meet the department specifications.
•With the TDA meeting the specifications, Riverside County is planning on making the purchase of the TDA.
•Riverside County Fire Department is giving the City of Beaumont the first opportunity of this TDA and is seeking the approval of the City of Beaumont to accept this TDA with the following stipulation.
•No cost increase to the city.
•TDA expected delivery from the manufacturer would be Fall 2025.
Rowlett
Riverside CountyPage 340 of 475
105’ Aerial Ladder
Compartment Doors
Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
Dustin Christensen, Principal Engineer
DATE: April 15, 2025
SUBJECT: Landscape Maintenance Agreement for Potrero Interchange
Description Landscape Maintenance Agreement between the State of California, acting through the Department of Transportation (Caltrans), and the City of Beaumont for the Potrero Interchange.
Background and Analysis:
The State of California, by and through the California Department of Transportation (Caltrans) requires an approved Landscape Maintenance Agreement prior to construction of new landscaping within the State ROW . The maintenance responsibilities for new landscaping and irrigation on federally funded Caltrans Projects are outlined in the Caltrans Encroachment Permit Manual and summarized in the following table.
Based on these requirements, Caltrans requires local agencies to maintain the proposed landscaping through an approved landscape maintenance agreement. The
purpose of this Agreement is to identify the landscaped areas surrounding the new intersection that are within the Caltrans Right-of-Way (ROW) and will be maintained by the City of Beaumont after the intersection is constructed. The Landscape Maintena nce Agreement applies to the areas shown in Exhibit A of the agreement. The City Attorney has reviewed the proposed agreement.
The general requirements of the Landscape Maintenance Agreement require the City to do the following:
Maintain all landscaping, shrubs, planting, and irrigation provided in Exhibit A of the Agreement
Obtain an encroachment permit from Caltrans
Be responsible for keeping the area clean and removing debris Be responsible for removing graffiti
Maintain the required insurance provided in the Agreement
Caltrans District 8 has additional guidance regarding maintenance agreements within Caltrans District 8. This guidance is provided in the “District 8 Maintenance Responsibility Criteria Chart” and outlines the maintenance expectations based on the level of planting. For the Potrero Interchange Project, the level of planting requires a 17-year maintenance period, plus a 3-year plant establishment period, for a total maintenance period of 20 years. After the 20-year maintenance period, the City can coordinate with Caltrans to terminate the maintenance agreement and allow Caltrans to take over landscape maintenance of the interchange.
Fiscal Impact:
The cost to prepare this staff report is estimated to be $350.
Landscaping for this contract will be performed by a professional landscaping service procured by the City from a CalTrans approved list of contractors. All maintenance activities under this contract will be at the City’s expense. All maintenance costs associated with this agreement will be paid from the Community Services operational budget.
Recommended Action:
Approve a Landscape Maintenance Agreement between the State of California, acting through the Department of Transportation (Caltrans), and the City of Beaumont for the Potrero Interchange and authorize the Mayor to execute the agreement on behalf of the City.
Attachments:
A. Landscape Maintenance Agreement
B. District 8 Maintenance Responsibility Criteria Chart
1 LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF BEAUMONT, CA
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of BEAUMONT, CA; hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”
1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed or revised improvements within STATE’s right of way by Cooperative Agreement number 1787 dated [ ].
2. This Agreement addresses CITY’s responsibility for the landscaping, shrubs, planting, irrigation systems, mulches, biofiltration swales, and biofiltration strips (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route 60, as shown on Exhibit A, attached to and made a part of this Agreement.
3. Maintenance responsibilities that include, but are not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A.”
4. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and of the State Maintenance Manual.
5. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this Agreement.
5.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required.
6. CITY agrees, at CITY expense, to do the following:
6.1. CITY will MAINTAIN or have authorized licensed contractor with appropriate class of license in the State of California, to MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE.
2 CITY will have in place a valid necessary encroachment permits prior to the start of any work within STATE’S right of way.
6.1.1. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way.
6.2. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement.
6.2.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.
6.2.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.
6.2.3. To expeditiously MAINTAIN, replace, repair, or remove from service any components of LANDSCAPING system that has become unsafe or unsightly.
6.3. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by CITY.
6.4. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.
6.5. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 8 Maintenance at 464 W 4th Street, San Bernardino, CA 92401.
6.6. CITY shall ensure LANDSCAPING within the Agreement limits provide an acceptable walking and riding surface and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.
3 6.7. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.
6.8. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.
7. STATE may provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement.
8. STATE shall issue encroachment permits to CITY at no cost to it.
9. CITY shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the Location(s) shown in Exhibit A, subject to STATE’s Encampment Removal policy, MPD 1001 R1 and applicable State and Federal law.
Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations shown in Exhibit A.
10. CITY’s graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. LOCAL AGENCY shall discuss such possible art with STATE’s District 8 Transportation Art Coordinator before conducting any graffiti removal or remediation.
11. LEGAL RELATIONS AND RESPONSIBILITIES:
11.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.
11.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at
4 CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.
11.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.
11.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify, and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
11.5. PREVAILING WAGES:
11.5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY own forces is exempt from the Labor Code's Prevailing Wage requirements.
5 11.5.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY contracts.
12. INSURANCE:
12.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self- insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents, and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self- Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the project location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.
12.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
13. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.
14. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this
6 Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
7 IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF BEAUMONT STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor
Initiated and Approved
By: ___________________________
City Manager
By: ___________________________
Deputy District Director
Maintenance District 08
ATTEST:
By: __________________________
City Clerk
By: __________________________
City Attorney
EXHIBIT A
1 (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)
EXHIBIT B – LETTER OF CERTIFICATE OF CITY OF BEAUMONT STATEMENT
OF SELF-INSURANCE
1 Caltrans District 8
464 W 4th Street
San Bernardino, CA 92401
ATTN: Ernesto Altamirano
City of Beaumont
Department of Risk Management
RE: Statement of Self Insurance for the City of Beaumont (CITY) Related to Landscape Maintenance Agreement with State of California Department of Transportation (“STATE”) for the Potrero Bridge Phase II Project along State Route 60 at Potrero Boulevard (PM 28.96)
Dear Ernesto Altamirano
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section
12.1 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.
If you need any additional information regarding this letter, please direct those inquires through my office.
Sincerely,
_____________________________
Kari Mendoza
RISK MANAGER
District 8 – Maintenance Division Maintenance Responsibility CriteriaNew Highway Planting (Funded 100% by Others)*Freeways, Controlled Access Highways and ExpresswaysLevel of PlantingPermanent Irrigation2 YearsNegotiated Single row, vine or shrub planting (warranted, not exceeding maximum cost per acre)*NOTE:In addition to maintenance expectations, all projects will require 3 years of plant establishment.Provided with:Maintenance ExpectationsTree planting (warranted, not exceeding maximum cost per acre)Tree and shrub planting (warranted, not exceeding maximum cost per acre)Tree, shrub and ground cover planting (warranted, not exceeding maximum cost per acre)Tree, shrub and/or ground cover planting (warranted, exceeding maximum cost per acre)Temporary IrrigationPermanent IrrigationPermanent IrrigationPermanent IrrigationPermanent IrrigationTemporary Irrigation(including Utility Costs)3 Years5 Years7 Years9 Years12 Years17 YearsRequired 4/21/2010Page 358 of 475
Staff Report
TO: City Council
FROM: Doug Story, Community Services Director
Robert Vestal, Public Works Director
DATE April 15, 2025
SUBJECT: Provide Direction to Staff on the Community Recreation Center Overflow Parking Lot – Capital Improvement Project No. P-23
Description Capital Improvement Project P-23 (CIP) Update.
Background and Analysis:
During the development of the City’s Five-year Capital Improvement Plan, Project P-23 was established to expand the parking lot at the Community Recreation Center to accommodate increased parking demand and improve public access. The scope of work included expanding the lot to provide additional parking spaces and installing lighting to improve safety and security for residents.
Upon project establishment, staff developed lighting plans and met with Southern California Edison (SCE) to obtain approval for the work as the parking lot is situated under high-voltage electric utility lines. However, despite multiple attempts to identify compliant lighting solutions, SCE has denied all traditional options for installing lighting beneath the utility lines. Given SCE’s decision, staff has identified the following options for Council’s consideration.
Existing Parking Lot:
The existing overflow parking lot is located within an existing SCE easement as shown in Figure 1. The parking lot is centered within the easement and occurs directly under the transmission lines. The parking lot dimensions are approximately 260 feet long and 120 feet wide. There are 102 parking spaces and no lighting.
Figure 1 - Existing Overflow Parking Lot with SCE easements
Options:
1. Option 1 – Expand Existing Parking Lot (~150 spaces): Lengthen the existing parking lot approximately 100 feet- east and install surface-mounted lighting.
2. Option 2 - New Parking Lot: Create a new parking lot (500 ft x 240 ft; ~400 spaces) along the north boundary of the SCE easement and install parking lot lighting facing south.
3. Option 3 – Hire a consultant to perform a feasibility study and conceptual layout to maximize the effectiveness and achieve the greatest benefit. The consultant would also coordinate with SCE on layout and lighting.
Considerations
- Option 1 proposed lighting will not adequately light the parking lot but will provide pedestrian path lighting.
- Option 2 proposes overhead lighting near residential homes, which may affect the adjacent residential neighborhood.
- Both options will still need SCE approval as there are two SCE easements along the north boundary, 100-foot and 300-foot widths.
- Without a project architect, staff has been unable to make progress through any direct requests and proposals to SCE. Due to the close proximity to the transmission lines, SCE has rejected proposals for traditional overhead lighting as well as off-grid solar mounted lighting. A consultant will bring the technical expertise and project support needed to navigate the ongoing utility coordination challenges.
Fiscal Impact:
Currently, CIP No. P-23 – Overflow Parking Lot at CRC has $224,400 allocated and upon Council direction staff can request proposals to award a Professional Services Agreement in accordance with the Beaumont Municipal Code.
CIP P-23 CRC Overflow Lot Project Funding Summary
Estimated Total Project Budget= $224,400
Current Project Budget= $224,400
CIP P-23 CRC Overflow Lot Project Budget Summary
Project
Component
Est. Total
Budget
Current
Budget
Paid to
Date
Remaining
Budget
Project Management
Preliminary Services
Environmental
Design $80,000 $80,000 $80,000
Permits
General Fund,
$224,400 , 100%
Right-of-Way
Construction $144,400 $144,400 $144,400
Construction Management
Equipment
Total $224,400 $224,400 $- $224.400
The estimated cost to prepare this report is $380.
Recommended Action:
Authorize staff to proceed with Option 3 to engage a consultant and bring a report back to Council on the findings of the consultant.
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE April 15, 2025
SUBJECT: Memorandum of Understanding Between the City of Beaumont and the City of Banning for the Purchase of Compressed Natural Gas Fuel
Description A Memorandum of Understanding (MOU) with the City of Banning to allow the City of Beaumont to purchase Compressed Natural Gas (CNG) fuel for its transit vehicles from Banning’s existing fueling facility.
Background and Analysis:
The City of Beaumont operates a transit fleet that requires consistent and cost-effective access to CNG. At present, Beaumont does not operate its own CNG fueling infrastructure and has relied on facilities in the cities of Redlands and San Bernardino.
While these locations are functional, the distance involved results in increased staff hours, operational inefficiencies, and additional deadhead mileage (distance traveled without passengers).
The City of Banning owns and operates a CNG fueling station located at 176 E. Lincoln Street. This station currently supports Banning’s municipal fleet as well as the Banning Unified School District. The facility has available capacity and is willing to extend access to Beaumont under a mutually beneficial agreement.
By entering into an MOU with the City of Banning, the City of Beaumont will gain access to a closer fueling location, thereby reducing travel time, lowering operational costs, and improving overall fleet efficiency. The proximity of Banning’s station allo ws for more sustainable and economical operations for Beaumont Transit. Additionally, this agreement promotes regional collaboration between neighboring cities.
Fiscal Impact:
The City of Banning will issue monthly invoices to the City of Beaumont for CN G fuel usage, along with a fixed administrative fee of $208 per month. The per-unit fuel cost will be determined based on the quarterly average of market rates from comparable
local agencies, including Perris, Redlands, Riverside, Corona, and RTA Hemet, as calculated by Banning. As of April 2025, the current average rate is $2.39 per unit.
Because the pricing structure is tied to local market rates, it is anticipated that sufficient funds will be available in the Transit Department’s operating budget to su pport both fuel costs and the administrative fee. Additionally, the administrative fee will be offset by cost savings derived from avoiding out-of-town fueling trips, which currently increases staff hours, travel time, and vehicle mileage.
The estimated cost to prepare this report is $750.
Recommended Action:
Authorize the City Manager to execute the MOU between the City of Beaumont and the City of Banning, allowing Beaumont to purchase Compressed Natural Gas (CNG) from the City of Banning’s fueling station.
Attachments:
A. MOU Between the City of Beaumont and City of Banning - Vehicle Fuel Purchase
1 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF BEAUMONT
AND
CITY OF BANNING
VEHICLE FUEL PURCHASE
THIS MEMORANDUM OF UNERSTANDING (“Memorandum”) is made and entered into this __ day of April 2025, by and between the City of Beaumont, a municipal corporation, 550 East 6th Street, Beaumont, California 92223 (hereinafter referred to as "Beaumont"), and the City of Banning, a municipal corporation, 99 E Ramsey Street, Banning, California 92220 (hereinafter referred to as "Banning").
RECITALS
WHEREAS, Banning owns and operates a compressed natural gas fueling station located at the Banning City Yard located at 176 E Lincoln Street, Banning, California 92220 where it maintains CNG fueling pumps to dispense fuel (“Fueling Station”); and
WHEREAS, Beaumont has requested permission to use the Fueling Station to take advantage of local fuel prices and reduced deadheads; and
WHEREAS, Banning is amenable to allowing Beaumont to purchase fuel by utilizing the Fueling Station.
NOW, THEREFORE, the parties hereby agree as follows:
1. Banning grants permission for approved and registered official Beaumont vehicles to be filled at the Fueling Station during the agreed upon hours, subject to the terms of this Memorandum.
2. The term of this Memorandum shall be from execution of this Memorandum until June 30, 2027, unless otherwise terminated or extended.
3. Banning shall invoice Beaumont monthly for fuel costs incurred during the previous month, or as otherwise agreed to by the Parties, plus an administrative monthly fee of $208 per month. Beaumont agrees to pay all invoices within thirty (30) days of receipt of the invoice. The fuel cost per unit billed to Beaumont will be based on the average pump price of Compressed Natural Gas (CNG) charged by local agencies, including Perris, Redlands, Riverside, Corona, and RTA Hemet, as determined by Banning. This average price will be calculated and updated every three (3) months. Banning shall provide Beaumont with written notice of any updated fuel price no less than five (5) business days prior to the new rate taking effect. The current average rate as of April 2025 is $2.39 per unit. Future rate updates will follow the same methodology and will be documented in writing.
4. Beaumont agrees that only those employees who have signed a Vehicle Fueling Policy and agreed to be bound by the terms therein will be allowed access to the Fueling Station.
Banning reserves the right to deny access to or remove authorization from any driver who does not have a current valid signed Vehicle Fueling Policy on file with Banning or who has violated any
2 of the terms of that policy. A copy of the fueling policy is attached hereto for reference as Exhibit A and the terms of which shall be a part of this Memorandum.
5. Only those vehicles which have been registered and approved by Banning shall be eligible to use the Fueling Station. Beaumont shall keep the list of vehicles up to date. Banning reserves the right to deny access to any vehicle with does not appear on the approved vehicle list.
6. Beaumont acknowledges that this Memorandum is not a guarantee of the availability of fuel. Banning reserves the right to suspend this Memorandum and/or restrict access to Banning vehicles only to maintain uninterrupted Banning service, as determined at the sole and exclusive discretion of Banning. Banning shall provide Beaumont 24-hour notice of any such suspension.
7. Beaumont agrees that all employees and vehicles subject to this Memorandum shall be properly licensed and insured as required by California law, including, but not limited to, a valid driver’s license issued by the California Dept. of Motor Vehicles of the appropriate class for the vehicle being driven/fueled.
8. Beaumont and its agents must comply with all statutes, ordinances, regulations, rules, guidelines and other laws which apply to its activities under this Memorandum. All activities must be conducted in accordance with good and safe business practices so as to minimize interference with the use, enjoyment and conduct of any other activity at the Fueling Station.
9. Beaumont shall defend, indemnify and hold harmless Banning, its officers and employees, from and against all demands, claims, actions, liabilities, losses, damages and costs, including payment of reasonable attorneys' fees, whether incurred by Banning's staff attorneys or outside attorneys, arising out of or resulting from the performance of this Memorandum, caused in whole or in part by the negligent or intentional acts or omissions of Beaumont’s, its officers, directors, agents, employees, volunteers, invitees, subconsultants, or subcontractors.
10. Banning shall defend, indemnify and hold harmless Beaumont, its officers and employees from and against all demands, claims, actions, liabilities, losses, damages, and costs, including payment of reasonable attorneys' fees, whether incurred by Beaumont's staff attorneys or outside attorneys, arising out of or resulting from the performance of this Memorandum, caused in whole or in part by the negligent or intentional acts or omissions of Banning, its officers, directors, agents, employees, volunteers, invitees, subconsultants, or subcontractors.
It is the intention of Beaumont and Banning that the provisions of this paragraph be interpreted to impose on each party responsibility to the other for the acts and omissions of their respective officers, directors, agents, employees, volunteers, invitees, subconsultants or subcontractors. It is also the intention of Beaumont and Banning that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each party shall bear the proportionate cost of any damage attributable to the fault of that party, its officers, directors, agents, employees, volunteers, invitees, subconsultants, or subcontractors.
11. Banning acknowledges that Beaumont is a self-insured public entity. Within thirty (30) days of execution of this Memorandum, Beaumont shall provide Banning with a letter of self-
3 insurance stating that Beaumont's self-insurance program adequately protects against liabilities and claims arising out of the performance of this agreement.
Nothing in this Memorandum is intended to make the public or any member thereof a third- party beneficiary hereunder, nor is any term or condition or other provision of this Memorandum intended to establish a standard of care owed to the public or any member thereof.
12. Either party may terminate this Memorandum for convenience with thirty (30) days' advance written notice unless otherwise provided herein.
13. All notices and other communications under this Memorandum will be in writing and will be deemed to have been duly given (i) on the date of delivery, if delivered personally to the party to whom notice is given, or if made by email directed to the party to whom notice is to be given at the email address listed below, or (ii) at the earlier of actual receipt or the second business day following deposit in the United States mail, postage prepaid. Notices and other communications will be directed to the parties at the addresses shown below. A party may change its person designated to receive notice, its telecopy number, or its address from time to time by giving notice to the other party in accordance with the procedures set forth in this Article.
BEAUMONT:
City of Beaumont
Attn: City Manager
550 East 6th Street
Beaumont, CA 92223
Phone: (951) 769-8520
Email: [email protected]
BANNING:
City of Banning
Attn: ________________
99 E. Ramsey Street
Banning, CA 92220
Phone: __________________
Email: __________________
14. This Memorandum is not assignable without Banning's prior written permission.
15. This Memorandum is binding upon, inures to the benefit of, and is enforceable by, the parties hereto and their respective beneficiaries, devisees, legatees, heirs, executors, estates, administrators, employees, officers, directors, shareholders, agents, attorneys, insurers, representatives, successors-in-interest and assigns.
16. All warranties, indemnities and waivers of rights contained in this Memorandum will survive the expiration, termination or cancellation of this Memorandum.
17. This Memorandum constitutes the entire agreement between the parties with respect to the matters described herein. This Memorandum may be modified only in writing, signed by both parties.
4 18. This Memorandum will be governed by and construed in accordance with the laws of the State of California.
19. The parties have each carefully reviewed this Memorandum and have agreed to each term of this Memorandum. No ambiguity will be presumed to be construed against any party.
20. Each of the signatories to this Memorandum represents that they are authorized to sign the Memorandum on behalf of such party and that all approvals, resolutions and consents which must be obtained to bind such party have been obtained that no further approvals, acts or consents are required to bind such party to this Memorandum.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum as of the day and year first hereinabove appearing.
BEAUMONT: BANNING:
CITY OF BEAUMONT, a municipal CITY OF BANNING, a municipal Corporation Corporation
By: ______________________________ By: ______________________________
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE April 15, 2025
SUBJECT: Award of Professional Services Agreement to Evergreen Solutions in an Amount Not to Exceed $182,400 for a Classification and Compensation Study
Description In preparation for negotiations City Council has directed staff to conduct a comprehensive classification and compensation study.
Background and Analysis:
The City is committed to maintaining a fair, equitable, and competitive compensation system that attracts and retains talented employees while being mindful of fiscal responsibility. As part of the City’s ongoing efforts to ensure a sustainable workforce and promote transparency in compensation practices, a full classification and compensation study was authorized by City Council as agreed to in the current memoranda of understanding.
The last comprehensive classification and compensation study was conduct ed in 2017 by Ralph Anderson and Associates. Since then, changes in the labor market, adjustments to the City’s organizational structure, and evolving operational needs necessitate a re-evaluation of the City’s compensation practices.
On December 6, 2024, the Request for Proposal (RFP) for a Classification and Compensation Study, including an organizational review, was published online utilizing the City’s website as well as internet sites called Planet Bids and Public Purchase.
These websites are the largest and most complete databases of government bid opportunities in the nation. As such, this RFP received the attention of many competitive bidders.
By February 07, 2025, staff received nine (9) bid proposals. A staff committee involving representatives from each bargaining group - General Unit Employees (SEIU), Managers/Professional/Technical (MPT), and Police Officer Association (POA) was formed to evaluate all nine proposals. Of the nine proposals, the committee individually evaluated the firms and based on a grading score, decided to schedule an interview with three of the nine. Due diligence was completed, and all references returned
positive. City staff scored the interviews based on their sealed proposals and their presentations.
The three (3) bids are summarized as follows:
1. Ewing Consulting, Inc.
Proposal Score: Average 62 out of 100
Bid: $42,800 – Class & Comp Only
2. Gallagher (Koff and Associates)
Proposal Score: Average 90 out of 100
Bid: $275,000.00
3. Evergreen Solutions
Proposal Score: Average 91 out of 100
Bid: $152,000.00
Due to the scores, varying timelines and pricing differences, staff recommends approval of a contract with Evergreen Solutions with a 20% contingency due to the complexity of the project and anticipated FY2026 personnel changes.
Fiscal Impact:
The fiscal impact for the project shall not exceed $182,400. $100,000 has been budgeted in FY2025 with the remaining balance of $82,400 proposed in FY2026 allocated to GL 100-1240-7068-0000.
Recommended Action:
Authorize the Mayor to sign a Professional Services Agreement with Evergreen Solutions in the amount of $152,000 for a term of one year; and Authorize the City Manager to approve any contingency up to an amount of $30,400 (20%) for change orders, for a not to exceed amount of $182,400.
Attachments:
A. Evergreen Solutions Proposal
B. Professional Services Contract
C25-21
1 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 EVERGREEN SOLUTIONS LLC, a Limited Liability Company whose address is 2528 Barrington Circle, Unit 201, Tallahassee Florida (“CONTRACTOR”).
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A.CITY desires to engage CONTRACTOR to provide On-Call Geotechnical Engineering Services; and
B.CONTRACTOR has made a proposal (“Proposal”) to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit “A” and 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 one (1) year unless extended by the parties with the approval of the City Council of the CITY.
2.Services to be Performed. CONTRACTOR agrees to provide the services (“Services”) as follows: Classification and Compensation study per Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal.
CONTRACTOR designates Dr. Jeff Ling CCP 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.
4. Compensation.
C25-21
2 4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed One Hundred Fifty Two Thousand Dollars and Zero Cents ($152,000).
4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Obligations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the
C25-21
3 Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR’s failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR’s employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY’s advance written approval.
5.09 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug- free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
C25-21
4 Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If CONTRACTOR or CONTRACTOR’s employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage 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 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
C25-21
5 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.
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
C25-21
6 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.
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
C25-21
7 CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR’s own way as an independent contractor, and in pursuit of CONTRACTOR’s independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY’s City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY’s employees, including disability or unemployment insurance, workers’ compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers’ compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY’s sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours
C25-21
8 and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY’s agents for examination all of such records and shall permit CITY’s agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY’s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.
CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
C25-21
9 13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.
13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
C25-21
10 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY:
CITY OF BEAUMONT
By:
________________________________
Mike Lara, City Mayor
Date: __________________________
ATTEST:
By:_____________________________
Nicole Wheelwright, Deputy City Clerk
Date:___________________________
APPROVED AS TO FORM:
By:_____________________________
John O. Pinkney, City Attorney
Date:___________________________
CONTRACTOR:
By:
______________________________
Print Name: ____________________
Title: _________________________
Date: ________________________
C25-21
EXHIBIT “A”
REQUEST FOR PROPOSAL
(insert behind this page)
Request for Proposals
For
Classification & Compensation Study - 2025
Questions Due By: January 10, 2025 by 12:00 pm PST
Proposals Due By: January 31, 2025 by 12:00 pm PST
Contact:
Raveena Chara
Procurement and Contracts Specialist
[email protected]
RFP Available:
www.publicpurchase.com or
https://www.beaumontca.gov/949/Bids-and-RFPs
Website:
www.beaumontca.gov
Address:
550 E. 6th Street
Beaumont, CA 92223
Phone:
951.769.8520
-CA IFORNIA -
2 1.INTRODUCTION
The City of Beaumont (“City”) requests written responses to a Request for Proposal (RFP) for qualified consulting services to conduct a City-wide classification and compensation study (“Classification and Compensation Study”). The selected consultant will be one that has demonstrated experience and professionalism in the scope of evaluating municipalities salary structures and conducting comprehensive classification studies.
The selected qualified consultant will perform the services under the direction of the City’s Administrative Services Director.
Responses must conform to the requirements of this Request for Proposal (RFP). The City reserves the right to waive any irregularity in any proposal, withdraw or amend this RFP or reject any proposal that does not comply with this RFP or City policies.
The City is comprised of the following departments: City Manager’s Office, Administrative Services including Human Resources, Information Technology, and Risk Management, Finance including Accounting, Grant management, and Purchasing/Budget, Police including Code Enforcement and Animal Care, Public Works including Engineering and Wastewater, Community Services including Street, Parks and Recreation, Community Development including Planning and Building Services, Transportation including Pass Transit which provides regional transportation. Overall, the City has approximately 217 full time employees and 29 part-time.
Each position within the City has a specific job description outlining the details of the requirements for the position.
The city has not conducted a comprehensive Classification and Compensation Study with the assistance of a professional consulting firm since 2017.
2.THE CITY OF BEAUMONT
The City was incorporated in November 1912 and is located in the San Gorgonio Pass portion of western Riverside County. It is bounded on the west by Calimesa and unincorporated areas, on the north by unincorporated county areas (Cherry Valley), on the south by unincorporated county areas and the City of San Jacinto, and on the east by the City of Banning. The land area within the City’s boundary is approximately 30 square miles.
The City of Beaumont is rated one of the safest cities in southern California. The City has its own police department. Fire and paramedic services are contracted through Riverside County. The City of Beaumont has been one of the fastest growing cities in California over the past 15 years and has a current population of 54,690. An average of 500 new homes have been permitted annually since 2013 and the population has grown by approximately 1,500 residents each year. Beaumont has seen significant growth in its quality of workforce with educational levels and technical skills. The community has also seen growth in its household income levels. As a result of this growth, the City must continue to provide residents with the quality of life they expect. This involves expanding
3 park and recreational amenities, maintaining a quality police force to keep pace with growth, construction of regional surface transportation projects, and to perform economic development activities to diversify the city’s tax base and increase employment opportunities in the region.
The City Government
The Beaumont City Council is comprised of five Council members, each sharing equal voting powers on all items coming before the Council. Council members are elected to at-large positions for four-year terms, with elections held in November of even-numbered years. The City Council meets annually to select one of its members to serve as Mayor and another to serve as Mayor Pro Tem for one year but no more than two consecutive years.
The City Council provides legislative and policy direction to the City Manager, who implements their decisions to direct the activities of the City. The City Council responds to issues and concerns of the community by allocating resources, developing policies, and formulating strategies that support the vitality and economic viability of the City. All of their decisions must be made at public meetings.
The City Council appoints the City Manager and City Attorney and members of all advisory boards, commissions, and committees. The City Council also serves as the Board of Directors for the Beaumont Financing Authority, Beaumont Utility Authority, and the Beaumont Parking Authority.
3.BACKGROUND
Founded at the turn of the 20th century, Beaumont is proud of its rich history and rural charm. The town served as a welcome “stopping-off point” for early travelers making their way from the Mohave desert to Los Angeles, and later for L.A. residents eager to vacation in Palm Springs. Some, however, set down roots, drawn by the beautiful mountain vistas; clean, crisp air; and the abundance of cherry and apple orchards.
Beaumont provides the very best of rustic, rural beauty and charm, combined with the planned growth, abundant recreational opportunities, and rich community life offered by the finest Southern California cities. The progressive city of over 54,000 people, sits at 2,612 feet in elevation between Riverside and Palm Springs in the Inland Empire. The city operates 18 city-owned parks, including a 20-acre sports park as well as an extensive trails system. The Beaumont School District, with 12 schools, has an outstanding reputation, and it ranks highly in the Pass Area. The city is rounded out with various local service clubs, a state-of-the-art community recreation center, a library, two four-star golf courses, and multiple churches.
The City interacts with numerous other government agencies, including but not limited to the California Department of Parks and Recreation, the California Department of Transportation, the County of Riverside, Riverside County Transportation Commission (RCTC), California Department of Housing and Community Development, the Federal Railroad Administration, the U.S. Economic Development Administration, and the U.S.
Department of Justice.
4 4. Purpose and Objectives
The purpose of the Classification & Compensation Study is to address changes in City operations and staffing as the city has experienced tremendous growth in staff since the last Classification and Compensation Study conducted in 2017. In addition, recent inflation in the economy has produced a higher cost of living which has resulted in a challenge for the city to keep up compensation plans with the rate of inflation. Due to a period of inflation, it has affected the City’s ability to provide annual raises for employees and therefore we believe some of our classifications may be below the market.
The objectives are to have a credible Classification & Compensation Plan that recognizes these changes and challenges; ensure positions performing similar work with essentially the same level of complexity, responsibility, and knowledge, skills, and abilities are classified together; provide salaries commensurate with assigned duties; clearly outline promotional opportunities and provide recognizable compensation growth; and provide justifiable pay differential between individual job classes. In addition, the City welcomes recommendations on staff alignments, reporting relationships, and organizational structure.
5. SCOPE OF WORK
The intent of this Request for Proposal (RFP) is to secure the services of a qualified professional firm (Consultants) to provide their expertise and knowledge required to assist City staff with facilitation of a Classification and Compensation Study. The selected consultant will be one that has demonstrated experience and professionalism in the preparation of final construction documents and specifications required for final city plan approvals.
Consultant must be proactive and knowledgeable of all regulations required for project acceptance. Consultant shall be an advisor, advocate, and produce a product with the best interest intended for the City within the required schedule and budget.
The following Scope of Service is provided as a guideline and is intended to identify the City’s initial expectations and requirements. Consultants may suggest modifications to the proposed Scope of Services and shall expand the scope to include additional and/or optional tasks if deemed necessary to execute and facilitate the proposed services to complete the Project. At a minimum, the following specific tasks are to be included in the proposed Scope of Services.
A. Classification Study – (See Exhibit A)
1. Recommend appropriate updates to the classification plan for all existing full time and part -time classifications.
2. Meet with staff to discuss and explain the study and agree on the methodology and process to be used.
3. Review relevant background materials, including but not limited to, existing job classifications, organizational charts, budgets, salary resolutions and schedules, policies, City of Beaumont’s Personnel Manual and Municipal code.
5 4.Conduct interviews and/or job audits as appropriate. Interviews and/or job audits may be conducted individually or in groups based upon classification.
5.Recommend appropriate updates to existing classification specifications and the development of new ones, consistent with the City’s current class specification format, to reflect current duties and to include the following:
a.Title and definition of the job classification;
b.Comprehensive description of the essential job functions; c.Requirements of education, experience, knowledge, skills, abilities, licenses, and certifications;
d.Supervision exercised and received with definition of lead or supervisory roles; and certifications;
e.Working environment and/or conditions, including physical demands in compliance with the Americans with Disabilities Act. (“ADA”).
6.Identify management supervisory, professional, technical, and general employees and determine/confirm Fair Labor Standards Act (“FLSA”) status.
7.Draft and submit proposed class specifications for review by City.
Recommend. If appropriate, classification series and levels within the series (ie. I/II Senior/Lead etc.) In addition, review the reporting/organizational structure and make suggestions of any changes.
8.Present proposed class specifications to City executive team and supervisors for review and receive and incorporate input prior to classification determination.
9.Finalize class specifications and recommend appropriate classification for each employee, including correction of identified discrepancies between existing and proposed classification.
10.Identify career ladders/promotional opportunities for each classification.
11.Establish and facilitate an appropriate employee review and appeal process.
B.Compensation Study
1.Review current compensation plan (salary grade levels and steps) and understand current challenges in recruiting and retaining employees.
2.Recommend and identify a consistent and competitive market position that City can strive to maintain.
3.Conduct a comprehensive total compensation survey of appropriate public sector cities/agencies for each classification that includes, at a minimum, the following components:
6 a. Base Salary – compare monthly maximum base salary for each classification;
b. Additional types of pay (ie. longevity, certificate, educational incentive, premium, special assignment, bilingual etc.); c. Allowances/stipends/reimbursements (ie. auto, technology/cell phone, uniform/boots, equipment/tools, etc.);
d. Pension/retirement contributions, including city contributions to deferred compensation plans;
e. Health benefits for active employees and future retirees (ie. medical, dental, vision, ancillary. Etc.);
f. Life and disability insurance;
g. Leave benefits, including accrual and pay-out/conversion (i.e. vacation, sick, holiday, personal, bereavement, jury duty, etc); h. Cash in lieu of benefits
i. Any additional benefits such as EAP, flexible spending accounts, etc, hiring incentives.
j. Provide the monetary value of the benefits in comparison to the comparator cities.
4. Determine the ranking of the City’s total compensation in comparison to the comparator cities.
5. Conduct an internal base salary relationship analysis, including the development of appropriate internal relationship standards/guidelines.
6. Ensure internal salary alignment/equity across all classifications across all departments.
7. Recommend an appropriate salary range for each classification that reflects the analyses of both external market survey and the internal relationships.
8. Recommend salary range adjustments for classifications, based on study results. Considering the City’s salary structure and compensation goals, develop strategy for implementing the results of the study, including how to establish salaries for classifications that are currently above market.
Considering the City’s financial constrains, provide multiple options for implementation, including partial and full implementation over a multi- year period. Assist in implementing the results of the study by determining short and long term fiscal impact to the City for providing market adjustments.
9. Recommend implementation strategies including the cost of implementing the plan.
7 10. Present written report of recommendations, including discussion of methods, techniques and data used to develop the Classification and Compensation Plan.
11. Provide appropriate maintenance/resources that Human Resources staff will utilize to administer and keep the classification system current and equitable. The classification system shall be provided in an electronic medium. Maintenance shall include annual activities, as well as the process needed to review the classification of individual jobs as, needed.
12. Train City Staff in the methodology used to systematically assess job classifications to maintain internal compensation equity in the future when adding, changing, or deleting classifications.
13. Attend meetings, when requested, throughout the process with employees, the City Manager, the Administrator Services Director, and or/ the City Council, if necessary, to explain the methodology, survey results and recommendations. The consultant should budget to attend a Beaumont City Council meeting and a minimum of four other meetings on-site during the process.
C. Organization Review
1. Conduct a comprehensive organizational, management, and operations study of the City operations and departments. Consulting services are sought to examine specific department operations; to evaluate management structure; and to identify methods to improve service levels, potential areas for consolidation or reorganization, increase efficiency and effectiveness.
a. Conduct an examination of the City of Beaumont’s organizational structure and functions.
b. Review of the existing organizational structure and identification of gaps designs, and staffing levels.
c. Propose options for a new organizational structure and recommendations on staffing levels, workload and span of control. d. Assess the functional assignments and human resources required to perform current duties.
e. Identify current supervisory ratios and based on industry best practices and organizational needs, develop recommendations for appropriate supervisory ratios.
f. Assess administrative strengths Ie. financial, supervision and development of staff, risk management coordination and
practices, and use of technology.
8 2.Operational Review
a.Review the City of Beaumont’s operational functions and workflow process for each area.
b.An assessment of the workplace culture. This assessment must involve soliciting feedback from employees.
c.Observations and identification of opportunities for
intergovernmental cooperation.
d.Succession planning – Understanding and review of the length of service of the current employees, and a succession planning process review to focus on development of a plan for the future. e.An assessment of the City’s customer service. This assessment should involve soliciting feedback from a range of community partners.
6.TERM
The initial term of the agreement shall be for the period of 1 year from the commencement date. Unless otherwise agreed to by the parties or as may be required by law, any renewal shall be based on the same prices, terms and conditions as the initial term.
7.PROPOSAL REQUIREMENTS
The proposal shall clearly address all the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized and contain all information as specified below.
A.Cover Letter: Maximum of two (2) pages serving as an Executive Summary which shall include an understanding of the scope of services. The RFP shall be transmitted with a cover letter that must be signed by an official authorized to bind the consultant contractually. The letter accompanying the RFP shall also provide the name, title, address, and telephone number of individuals with the authority to negotiate and contractually bind the consultant. The cover letter constitutes certification by the consultant, under penalty of perjury, that the consultant complies with nondiscrimination requirements of the State and Federal Government. An unsigned proposal or one signed by an individual unauthorized to bind the consultant may be rejected.
B.Introduction/Information: Introduction of the service proposal, including a statement of understanding for the types of services contemplated. Provide a discussion on how the objectives of the scope of services will be accomplished.
Provide the name of the firm submitting the proposal, its mailing address, telephone number, and the name of the individual to contact if further information is required. Any participating firms and proposed sub-consultants shall be identified and included in the proposal (all sub-consultants must be approved
9 by City prior to signing the agreement with City).
C.Approach: The firm’s approach to delivering the scope of services. Provide a description of the firm’s approach to communicating effectively with City staff and officials, other jurisdictional stakeholders, and the public, to facilitate successful delivery of assigned tasks.
D.Firm Profile: Provide a description of the firm, including number of professional personnel, years in business, office location(s), organizational structure (e.g., corporation, partnership, sole practitioner, etc.), areas of particular expertise, etc.
E.Location of principal office that will be responsible for the implementation of this contract.
F.Proposed Team: Provide a summary description of all personnel who will be involved in this project, their roles and responsibilities, and their experience in similar past projects. The proposal must name a project manager. In addition to this summary, full resumes must be provided.
G.References: Provide at least three (3) references from previous cities, counties or other agencies for similar work completed within the last five (5) years, which include: name, address, contact person and phone number for the agency, length of time services were provided, staff assigned to each project by your firm, and a description of the services provided. All submitted materials shall become the property of the City of Beaumont.
H.Scope of Services: Provide a description of the tasks, sub-tasks, and deliverables that will be provided. The Scope of Services should be presented in a logical format that can be easily attached to the Professional Services Agreement (Exhibit B). Any additional items not mentioned above in the list but needed to get to full design and construction shall be included in the proposal as additional items for consideration.
I.Project Schedule: Provide a comprehensive Critical Path Method (CPM) schedule describing the nature and estimated timeline of proposed work objectives and milestones. Gannt chart preferred.
JK. Cost proposal: Provide detailed cost of services in a separate sealed envelope.
Costing should include:
Break down by a per unit rate (i.e. per box, per plan set, per binder, per drawer, per book, per trip, etc.).
Provide a table with estimates based on information outlined in this RFP.
Fixed prices, including out-of-pocket expenses, for all costs associated within the scope of this proposal,
Additional billable costs for non-specified tasks
Total fees and expenses for the entire scope of the project Any area which proposers believe should be included in the scope
10 of work in this proposal, but which is not stipulated in this RFP, and identifies the costs associated with the services rendered.
Please note, Proposers shall be expected to preplan to make cost saving reductions wherever possible. Pricing shall be all-inclusive of the document imaging and quality control process (prep, naming, OCR, folder creation, organization, re-fastening/binding content, etc.).
L.List of all current/outstanding contracts, their status, and the completion date for each contract.
M.Any other information which should be considered, such as any special services or customer service philosophy which define your firm’s practice.
N.The consultant will be required to have professional liability insurance including liability at a minimum of one million per occurrence, and two million in the aggregate, worker’s compensation, and vehicle coverage including comprehensive and collision insurance naming the City of Beaumont, its officials, its employees, and agents as additional insured. The proposal shall state whether such insurances will be in force at time of contract execution.
O.Structure and Content of Work Product: The consultant will describe the way in which the work product will be structured and presented upon completion.
Include computer and software compatibility information.
8. SUBMITTAL
Two (2) bound copies, one (1) unbound copy and one (1) color digital pdf copy (flash drive) of the proposal must be submitted no later than 12:00 p.m. January 31st, 2025.
The cost proposal shall be submitted in a separate sealed envelope. Postmarks and faxes are not acceptable. Proposal must be titled “RFP for Classification and Compensation Study.” All proposals shall be submitted to:
City of Beaumont
c/o Raveena Chara-Procurement Contract Specialist
550 E. 6th Street
Beaumont, CA 92223
No postmarked proposals will be accepted. Once submitted, proposals, including the composition of the consulting staff, cannot be altered without prior written consent of the City.
All costs associated with preparation of any proposal shall be the sole responsibility of the proposer. Each proposal shall be limited to a maximum of 25 pages, using minimum 12-point font size. Electronic submittals of the proposal will not be accepted. *DUE DATE FOR QUESTIONS is January 10, 2025 @ 12:00 P.M.*
11 All questions shall be submitted on planetbids or PublicPurchase.com. Answers will be posted on the same website to allow all users to review the City’s responses to all questions within one (1) week of the question due date.
9.CONFIDENTIALITY
Prior to the proposal submittal deadline, all proposals will be designated confidential to the extent permitted by the California Public Records Act. After the proposal submittal deadline, all responses will be regarded as public record and will be subject to review by the public. Any language purported to render confidential all or portions of the proposals will be regarded as non-effective and will be disregarded.
10.AMENDMENTS TO REQUEST FOR PROPOSALS
The City reserves the right to amend the RFP by addendum prior to the final proposal submittal date.
11.CITY OF BEAUMONT RIGHTS AND OPTIONS
This RFP does not commit the City of Beaumont to award a contract or to pay any cost incurred with the preparation of a proposal or contract for services described herein.
The City may, in its sole discretion and without any obligation to act reasonably, reject any and all proposals, waive informalities and minor irregularities in any proposal reviewed, negotiate with any qualified source submitting a proposal, extend deadlines, and/or request additional information. Subsequent to negotiations, prospective consultants may be required to submit revisions to their proposals. The City may reject any proposal that does not conform to the instructions provided in this RFP. Additionally, the City reserves the right to negotiate all final terms and conditions of any proposal received before entering into final contract.
The City reserves the right to postpone selection for its own convenience, to withdraw this RFP at any time, and to reject any and all proposals without indicating any reason for such rejection. As a function of the RFP process, the City of Beaumont reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services and scope of work. Proposals submitted in response to the RFP will not be returned.
12.CONFLICT OF INTEREST
The Consultant shall disclose any personal or professional financial, business, or other relationships with the City that may have an impact on the outcome of this contract or any resulting project. The consultant shall also list current clients who may have a financial interest in the outcome of this contract.
12 13.PROPOSAL EVALUATION/SELECTION
The City intends to engage the most qualified consultant available that demonstrates a thorough understanding of the City’s needs. City staff will use the following criteria to evaluate the proposals:
1.Understanding the scope of services
and completeness of RFP Available Points = 10
2. Demonstrated professional skill and credentials Available Points = 15
3. Related experience Available Points = 15
4.Quality of Proposal Available Points = 10
5. Approach to performing this Type of Service Available Points = 10
6. Approach to communicating Available Points = 10
7.Familiarity with City, County, and State entities Available Points = 20
8. References/satisfaction of previous clients Available Points = 10 Total Points Available = 100
The City may request a qualification interview with the highest ranked consultant(s) prior to determining the final ranking. This selection will be conducted according to the City’s adopted procedures. The City reserves the right to reject any and all proposals.
14. Timeline
Advertisement Thursday, December 06, 2024
Deadline to Submit Proposal Friday, January 31, 2025
Interview Pannel in Beaumont Tuesday, February 11, 2025 Contract Award by City Council Tuesday, March 04, 2025 Results Presented by Consultant Thursday, September 04, 2025 Attachments
A.Exhibit A- Compensation Plan
B.Agreement for Professional Services
13 Exhibit “A” - COMPENSATION PLAN -
Adopted by City Council November 19, 2024
Effective November 19, 2024
Position MOU Assigned To Salary Range
First Step Top Step
Accountant SEIU 57 67
Account Technician I SEIU 46 56
Account Technician II SEIU 50 60
Administrative Services Director Employment Contract 92 102 Animal Control Officer I SEIU 46 56
Animal Control Officer II SEIU 50 60
Assistant Director of Finance Manager/Professional/Technical 83 93 Assistant Planner SEIU 56 66
Associate Engineer SEIU 64 74
Budget Analyst Manager/Professional/Technical 62 72
Building/Grounds/Maintenance Supervisor Manager/Professional/Technical 60 70 Building/Grounds/Maintenance Worker SEIU 40 50
Building Inspector SEIU 54 64
Building Permit Technician I SEIU 42 52
Building Permit Technician II SEIU 48 58
Building Plans Examiner SEIU 59 69
Bus Driver SEIU 37 47
Chief Building Official Manager/Professional/Technical 84 94 Chief of Police Employment Contract 98 108
City Engineer / Public Works Director Employment Contract 92 102 City Manager Employment Contract 102 112
Community Development Director Employment Contract 92 102 Community Enhancement Officer I SEIU 48 58
Community Enhancement Officer II SEIU 52 62
Community Services Director Employment Contract 84 94
Community Services Officer POA 48 58
Customer Service Coordinator I SEIU 34 44
Customer Service Coordinator II SEIU 40 50
Deputy City Manager Employment Contract 94 104
Deputy City Clerk Manager/Professional/Technical 66 76
Director of Water Reclamation Employment Contract 85 95 Economic Development Director Employment Contract 90 100 Economic Development Manager Manager/Professional/Technical 74 84 Engineering Development Technician I SEIU 46 56
Engineering Development Technician II SEIU 48 58
Environmental Compliance Program Specialist Manager/Professional/Technical 63 73 Executive Assistant Manager/Professional/Technical 55 65 Finance Director Employment Contract 92 102
~
BEAUMONT
14 GIS Analyst SEIU 55 65
Grants Analyst SEIU 60 70
Grounds/Parks/Facilities Manager Manager/Professional/Technical 74 84 Position MOU Assigned To Salary Range
First Step Top Step
HR/Payroll Technician SEIU 46 56
HR/Risk Analyst Manager/Professional/Technical 60 70
Information Technology Manager Manager/Professional/Technical 83 93 IT Analyst I SEIU 53 63
IT Analyst II SEIU 61 71
Lead Building/Grounds Maintenance Worker SEIU 46 56
Lead Bus Driver SEIU 43 53
Lead Dispatcher POA 52 62
Lead Street Maintenance Worker SEIU 50 60
Lead Support Services Specialist Police Officers Association 44 54 Lifeguard SEIU 27 32
Mechanic SEIU 46 56
Management Analyst I SEIU 54 64
Management Analyst II SEIU 60 70
Payroll / Benefits Supervisor Manager/Professional/Technical 65 75 Planning Manager Manager/Professional/Technical 80 90
Police Cadet 31 31
Police Captain Police Management 93 103
Police Corporal Police Officers Association 72 82
Police Lieutenant Police Management 88 98
Police Officer Police Officers Association 66 76
Police Sergeant Police Officers Association 78 88
Police Services Manager Manager/Professional/Technical 73 83 Police Trainee 49 49
Pool Manager SEIU 34 39
Principal Engineer Manager/Professional/Technical 74 84 Principal Management Analyst Manager/Professional/Technical 70 80 Procurement/Contract Specialist SEIU 57 67
Project Manager (CIP) Manager/Professional/Technical 71 81 Public Information Officer Manager/Professional/Technical 72 82 Public Safety Dispatcher I Police Officers Association 44 54 Public Safety Dispatcher II Police Officers Association 50 60 Public Works Inspector SEIU 59 69
Records Technician SEIU 46 56
Recreation Coordinator SEIU 46 56
Recreation Specialist SEIU 26 36
Recreation Manager Manager/Professional/Technical 69 79 Senior Engineer Manager/Professional/Technical 74 84
Senior Management Analyst Manager/Professional/Technical 65 75 Senior Planner Manager/Professional/Technical 70 80
Street Maintenance Supervisor Manager/Professional/Technical 61 71
15 Street Maintenance Worker SEIU 46 56
Support Services Specialist I Police Officers Association 34 44 Support Services Specialist II Police Officers Association 40 50 Support Services Supervisor Police Officers Association 60 70 Transit Manager Manager/Professional/Technical 74 84
Position MOU Assigned To Salary Range
First Step Top Step
Vehicle Maintenance Supervisor Manager/Professional/Technical 65 75 Wastewater Collections Supervisor Manager/Professional/Technical 62 72 Wastewater Collection System Worker I SEIU 48 58
Wastewater Collection System Worker II SEIU 52 62
Wastewater Plant Operator I SEIU 53 63
Wastewater Plant Operator II SEIU 59 69
Wastewater Plant Operator III SEIU 63 73
Wastewater Plant Operator IV SEIU 67 77
Wastewater Plant Operator V SEIU 71 81
Wastewater Plant Supervisor Manager/Professional/Technical 67 77 Water Safety Instructor SEIU 27 32
16 AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the _____ day of _______, 2024 by and between the CITY OF BEAUMONT (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and ________ whose address is _____________ (“CONTRACTOR”).
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. CITY desires to engage CONTRACTOR to provide _________ services; and
B. CONTRACTOR has made a proposal (“Proposal”) to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit “A”; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement, this Agreement shall automatically terminate after one (1) year unless extended by the parties with the approval of the City Council of the CITY.
2. Services to be Performed. CONTRACTOR agrees to provide the services (“Services”) as follows: _______________ and any other services which the City may request in writing from time to time. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
4. Compensation.
4.01 CITY agrees to pay CONTRACOTR the amount of _________ shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the
17 contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed $43,500.
4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Obligations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the 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 taxes and
18 other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR’s failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR’s employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPers retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY’s advance written approval.
5.09 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s CITY, its officials, employees and agents. CONTRACTOR also
19 agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident. If CONTRACTOR or CONTRACTOR’s employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers’ Compensation coverage for any of CONTRACTOR’s employees that will be providing any Services hereunder. CONTRACTOR will have a state- approved policy form providing statutory benefits as required by California law. The provisions of any workers’ compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.
6.04 Optional Insurance Coverage. Choose and check one: Required _X_ /Not Required ___; Obtain a policy of errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.
7. General Conditions pertaining to Insurance Coverage
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A:VII”). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
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.
20 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. 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. This exception will apply only in instances where CITY is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where CITY’s fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all-inclusive and CITY will be indemnified for all liability incurred, even though a percentage of liability is attributable to conduct of CITY. CONTRACTOR acknowledges that its obligation pursuant to this Section extends to liability attributable to CITY, if that liability is less than the sole fault of CITY. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of CITY.
21 9. Additional Services, Changes and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.
10. Termination of Agreement.
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR’s own way as an independent contractor, and in pursuit of CONTRACTOR’s independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY’s City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY’s employees, including disability or unemployment insurance, workers’ compensation, retirement, CalPers, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers’ compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services. Further, CONTRACTOR represents
22 and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY’s sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY’s agents for examination all of such records and shall permit CITY’s agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY’s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to
23 which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.
13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above-written.
24 CITY:
CITY OF BEAUMONT
By: ________________________________
Mayor
CONTRACTOR:
________________________________
By: ______________________________
Print Name: _______________________
Title: _____________________________
C25-21
EXHIBIT “B”
VENDOR’S PROPOSAL
(insert behind this page)
C25-21
EXHIBIT “C”
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)
Beginning Fund Balance (unaudited)FY 2025 Budgeted RevenuesMarch ActivityFYTD 2025 Actual Receipts%FY 2025 Budgeted ExpendituresMarch ActivityFYTD 2025 Actual Disbursements%T/D Ending Fund Balance100 GENERAL FUND 41,960,431.31 69,155,070.00 7,950,903.82 47,107,023.31 68% 80,033,836.00 6,888,759.07 39,452,535.10 49% 49,614,919.52 120 SELF INSURANCE 6,898,220.84 160,000.00 ‐ 153,616.27 0% 180,820.00 50,000.00 210,818.85 0% 6,841,018.26 200 GAS TAX 140,030.09 1,565,135.00 114,590.39 1,159,249.99 74% 1,565,135.00 ‐ 622,834.83 40% 676,445.25 201 SB1 2,712,032.90 1,449,419.00 120,112.07 1,130,568.35 78% 2,349,111.00 ‐ 900,865.00 38% 2,941,736.25 202 MEASURE A 2,310,642.29 923,257.00 72,520.43 595,600.84 65% 1,534,800.00 ‐ 688,001.00 45% 2,218,242.13 205 AQMD 248,371.12 71,431.00 18,181.13 62,374.42 87% 265,500.00 ‐ 93,274.73 0% 217,470.81 210 PEG 42,675.23 12,367.00 ‐ 6,230.95 50% 6,300.00 6,048.40 8,634.40 0% 40,271.78 215 CDBG/GRANTS 91,549.17 6,357,565.00 9,323.96 618,647.39 10% 10,588,091.00 0 389,956.36 4% 320,240.20 220 COPS 530,104.40 105,237.00 8,333.33 182,542.08 173% 343,467.00 23,481.24 239,044.21 70% 473,602.27 225 ASSET SEIZURES (STATE) 303,353.90 2,944.00 375.82 24,963.68 0% 286,462.00 112,982.08 208,255.88 0% 120,061.70 230 ASSET SEIZURES (FEDERAL) 100,705.72 597.00 14.49 19,431.81 0%‐ ‐ 0% 120,137.53 240 OTHER FUNDS 522,798.79 75,756.00 111.40 118,728.23 157% 257,145.22 6,000.00 109,489.97 43% 532,037.05 250 CFD‐ADMIN 1,367,147.35 1,366,197.00 ‐ 1,042,406.84 76% 1,713,672.00 105,230.09 540,382.98 32% 1,869,171.21 255 CFD‐MAINT SVCS 258,933.93 4,811,910.00 ‐ 2,811,507.30 58% 5,346,769.00 0 15,715.00 0% 3,054,726.23 260 CFD‐PUBLIC SAFETY 552,116.41 1,589,899.00 ‐ 985,462.93 62% 1,587,924.00 ‐ 0% 1,537,579.34 500 GENERAL CAPITAL PROJECTS 51,057,566.07 139,703,835.00 289.68 9,069,799.51 6% 178,180,230.00 1,879,122.42 17,142,061.66 10% 42,985,303.92 510 CFD CAPITAL PROJECTS 12,616,801.13 2,127.00 ‐ 263,149.28 0% 8,394,734.00 ‐ 2,773,121.90 0% 10,106,828.51 550 DIF 7,032.71 ‐ ‐ 161.93 0%‐ ‐ 0% 7,194.64 552 BASIC SERVICES DIF 1,193,509.06 222,523.00 3,820.53 140,423.97 63% 34,356.00 ‐ 908.69 0% 1,333,024.34 554 GENERAL PLAN DIF 262,150.44 22,475.00 332.22 16,888.11 75%‐ ‐ 0% 279,038.55 555 RECREATIONAL FACILITIES DIF 2,959,965.64 349,589.00 10,298.82 254,288.77 73% 900,000.00 ‐ 0% 3,214,254.41 556 TRAFFIC IMPACT DIF 1,252,418.95 135,510.00 ‐ 90,397.29 67% 1,255,712.00 ‐ 81,955.27 0% 1,260,860.97 557 PARKLAND DIF‐ ‐ 1,830.54 19,242.14 0%558 RAILROAD CROSSING DIF 2,431,181.44 164,743.00 5,315.52 133,445.74 81% 126,387.00 ‐ 126,287.33 0% 2,438,339.85 559 POLICE FACILITIES DIF 2,087,989.95 253,688.00 7,142.73 185,239.80 73% 780,447.00 ‐ 181,684.82 0% 2,091,544.93 560 FIRE STATION DIF 1,701,881.57 301,752.00 5,315.52 74,422.56 25% 914,321.00 ‐ 68,548.33 0% 1,707,755.80 562 ROAD AND BRIDGE DIF 15,420,454.39 1,192,000.00 24,085.95 965,854.19 81% 11,566,029.00 ‐ 1,322,573.67 0% 15,063,734.91 565 TRAILS DEVELOPMENT DIF‐ ‐ 166.11 386.51 0%‐ ‐ ‐ 0% 386.51 566 EMERGENCY PREPAREDNESS DIF 1,129,129.20 301,712.00 215.96 173,228.65 57%‐ ‐ 0% 1,302,357.85 567 COMMUNITY PARK DIF 3,493,326.22 1,090,088.00 1,164.24 123,049.93 11% 4,318,218.00 ‐ 269,894.31 0% 3,346,481.84 568 REGIONAL PARK DIF 1,894,922.68 1,413.00 ‐ 43,284.14 0% 1,842,925.00 ‐ 43,914.75 0% 1,894,292.07 569 NEIGHBORHOOD PARK DIF 4,396,488.78 1,337,895.00 1,425.60 152,973.21 11% 1,349,000.00 ‐ 0% 4,549,461.99 570 PASS THROUGH DIF 5,570,397.73 ‐ ‐ 0% 6,362,815.00 ‐ 260,573.45 0% 5,309,824.28 850 Beaumont Financing Authority 34,409,674.12 3,079,842.00 ‐ 786,911.63 26% 3,079,842.00 ‐ 2,442,923.02 0% 32,753,662.73 855 Beaumont Public Improvement Authorit 36,629,322.63 3,153,743.00 ‐ 454,698.54 14% 3,153,743.00 ‐ 2,718,182.52 0% 34,365,838.65 TOTALS159,943,931.68 232,726,134.00 8,355,870.26 67,724,590.12 29% 328,317,791.22 9,071,623.30 70,912,438.03 22% 162,158,520.62 GOVERNMENTAL FUNDSPage 473 of 475
Beginning Fund Balance (unaudited)FY 2025 Estimated RevenuesMarch ActivityFYTD 2025 Actual Revenues%FY 2025 Budgeted ExpendituresMarch ActivityFYTD 2025 Actual Expenditures%T/D Ending Fund Balance840 Community Facilities District(210,016,093.23) 20,753,937.00 ‐ 22,552,486.75 109% 20,144,790.00 ‐ 33,875,176.04 0% (221,338,782.52) 860 Evidence 21,849.78 ‐ 100.47 7,195.27 ‐ ‐ ‐ 29,045.05 TOTALS(209,994,243.45) 20,753,937.00 100.47 22,559,682.02 109% 20,144,790.00 ‐ 33,875,176.04 168% (221,309,737.47) PROPRIETARY/ENTERPRISE FUNDSPage 474 of 475
Beginning Fund Balance (unaudited)FY 2025 Estimated RevenuesMarch ActivityFYTD 2025 Actual Revenues%FY 2025 Budgeted ExpendituresMarch ActivityFYTD 2025 Actual Expenditures%T/D Ending Fund Balance564 RECYCLED WATER DIF 4,752,948.08 332,463.00 4,817.19 283,214.95 85% 1,943,687.00 ‐ 198,015.96 0% 4,838,147.07 600 INTERNAL SERVICE FUND 9,719,886.39 1,578,920.00 ‐ 937,873.87 59% 4,169,193.00 47,300.14 767,034.06 18% 9,890,726.20 700 WASTEWATER 7,598,525.02 14,830,049.00 2,558,903.53 11,294,616.50 76% 14,891,189.00 779,532.72 8,651,286.84 58% 10,241,854.68 705 WASTEWATER DIF 10,315,901.62 2,041,765.00 50,663.55 1,633,560.50 80% 8,162,910.00 ‐ 627,858.20 8% 11,321,603.92 710 WASTEWATER CAPITAL PRO102,999,422.07 15,630,847.00 ‐ 4,081,492.16 26% 18,163,627.00 1,021,211.97 5,184,492.87 29% 101,896,421.36 750 TRANSIT (75,904.84) 3,278,071.00 228,856.72 2,530,771.69 77% 3,278,071.00 332,056.54 2,218,300.84 68% 236,566.01 755 Transit GASB 68 Fund 414,398.61 ‐ ‐ ‐ 0%‐ ‐ ‐ 0% 414,398.61 760 TRANSIT CAPITAL PROJECTS 4,997,496.25 21,754,638.00 ‐ 5,693,360.98 26% 21,754,638.00 ‐ 5,693,360.98 26% 4,997,496.25 TOTALS140,722,673.20 59,446,753.00 2,843,240.99 26,454,890.65 45% 72,363,315.00 2,180,101.37 23,340,349.75 32% 143,837,214.10 PROPRIETARY/ENTERPRISE FUNDSPage 475 of 475