Vincent Lopez
City of Beaumont
May 12, 2025
REFERENCES
California Department of Fish and Game (CDFG). 2012. Staff report on burrowing owl mitigation. State of California, Natural Resources Agency. Available for download at: https://nrm.dfq.ca.cov/FileHandler.ashx?DocumentlD=83843&inline=true Francis, C.D., C.P. Ortega, and A. Cruz. 2009. Noise Pollution Changes Avian Communities and Species Interactions. Current Biology 19:1415-1419.
Halfwerk, W., L.J.M. Holleman, C. M Lessells, H. Slabbekoorn. 2011. Negative Impact of Traffic Noise on Avian Reproductive Success. Journal of Applied Ecology 48:210-219.
Kleist, N. J., R. P. Guralnick, A. Cruz, C. A. Lowry, and C. D. Francis. 2018. Chronic Anthropogenic Noise Disrupts Glucocorticoid Signaling and has Multiple Effects on Fitness in an Avian Community. Proceedings of the National Academy of Sciences 115: E648 —E657.
Western Riverside County Multiple Species Habitat Conservation Plan (RCA). 2006.
Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Habitat Conservation Plan Area. Available for download at:
https://www.wrcca . org/species/survey_protocols/bu rrowing_owl_survey_instructi ons.pdf
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State of California — Natural Resources AQencv GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Inland Deserts Region
3602 Inland Empire Boulevard, Suite C-220
Ontario, CA 91764
www.wildlife.ca.pov
Attachment A: Draft Mitigation and Monitoring Reporting Plan CDFW recommends the following language to be incorporated into a future environmental document for the Project. A final MMRP shall reflect results following additional plant and wildlife surveys and the Project's final on and/or off -site mitigation plans.
Biological Resources (BIO)
Mitigation Measure (MM)
Timing
Responsible
Party
MM BIO-1: Nesting birds are protected under the federal Prior to
Project
Nesting Birds
MBTA and CFG Code Sections 3503, 3503.5, and 3513.
Construction should be conducted outside of the avian and raptor breeding season. In compliance with the MBTA
requirements, should vegetation clearance occur during the nesting bird season, a qualified biologist would shall conduct a nesting bird survey within the Project site and a 500 ft buffer around the disturbance footprint, one week of before the start of these activities to ensure no active nests were are lost as a result of construction. The results of the pre - construction survey shall be documented by the qualified biologist and shall be provided to the Applicant. The Project commencing
ground- or
vegetation
disturbing
activities
Proponent
Applicant shall adhere to the following:
1. Applicant shall designate a biologist (Designated
Biologist) experienced in: identifying local and
migratory bird species of special concern;
conducting bird surveys using appropriate survey
methodology; nesting surveying techniques,
recognizing breeding and nesting behaviors, locating
nests and breeding territories, and identifying
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Vincent Lopez
City of Beaumont
May 12, 2025
nesting stages and nest success;
determining/establishing appropriate avoidance and
minimization measures; and monitoring the efficacy
of implemented avoidance and minimization
measures.
2. Pre -activity field surveys shall be conducted at the appropriate time of day/night, during appropriate
weather conditions, no more than 3 days prior to the
initiation of Project activities. Surveys shall
encompass all suitable areas including trees,
shrubs, bare ground, burrows, cavities, and
structures. Survey duration shall take into
consideration the size of the Project site; density,
and complexity of the habitat; number of survey
participants; survey techniques employed; and shall
be sufficient to ensure the data collected is complete
and accurate.
If an active nest is located prior to or during construction, then the nest should be flagged, construction shall be
postponed/halted, and CDFW and the City of Beaumont
shall be notified. Avoidance or minimization measures shall be undertaken in consultation with the City of Beaumont and the California Department of Fish and Wildlife.
Measures shall include immediate establishment of
avoidance buffers which shall be implemented as
determined by the qualified biologist and approved by the City of Menifee, based on their best professional judgement and experience. The buffer shall be of a distance to ensure avoidance of adverse effects to the nesting bird by
accounting for topography, ambient conditions, species, Chambers Group, Inc.
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Vincent Lopez
City of Beaumont
May 12, 2025
nest location, and activity type. The buffer around the nest shall be delineated and flagged, and all work within these buffers shall be halted until a qualified biologist determines the nesting effort is finished (i.e., the juveniles are surviving independent from the nest, or the nest has failed). The biologist shall monitor the nest at the onset of project activities, and at the onset of any changes in such project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the biologist determines that such project activities may be causing an adverse effect, alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers, shall be implemented. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to City of Beaumont for mitigation monitoring compliance record keeping. If vegetation clearing is not initiated within 72 hours of a negative survey during nesting season, the nesting survey must be repeated to confirm the absence of nesting birds. If vegetation removal occurs
outside of nesting season or if no nesting birds are found, no further action will be required.
MM BIO-2: Pre -Construction and Focused Surveys for
Burrowing Owl.
Burrowing Owl
During burrowing owl breeding season (March 1 -August 31), a total of four focused surveys for BUOW shall be conducted by a qualified biologist within the Project area and a 500 ft buffer around the disturbance footprint prior to ground disturbance to reevaluate the locations of active BUOW
burrows. In addition to breeding season surveys, pre -
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City of Beaumont
May 12, 2025
construction presence/absence surveys for BUOW shall be conducted and submitted to USFWS and CDFW by a
qualified biologist within 30 days prior to the commencement of ground disturbing activities to avoid direct take of BUOW (MSHCP Species Specific Objective 6). If survey results are negative (i.e., no occupied burrows or live burrowing owls are detected) and ground -disturbing Project activities are scheduled to begin within 30 days of the final survey, then no additional preconstruction survey or biological monitoring requirements will be necessary. If BUOWs are identified on - site, during either the breeding season or pre -construction surveys, a Burrowing Owl Protection and Relocation Plan shall be developed in compliance with the MSHCP and in
coordination with the California Department of Fish and Wildlife, United States Fish and Wildlife Service and/oF the Western Riverside County Regional Conservation Authority.
These measures would include the following as well as any others developed in coordination with CDFW, USFWSS
and/oF RCA:
• A biological monitor will be present during vegetation clearing, grading, and construction, to monitor occupied BUOW burrows and any construction -related impacts.
• Prior to any ground disturbance, all limits of Project construction will be delineated and marked to be clearly visible to personnel on foot and in heavy equipment. All construction -related activities (e.g., vegetation removal, grading, equipment lay -down and storage, and contractor parking) will occur inside the limits of construction and designated staging areas. Construction staging and
equipment storage will be located outside any occupied
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City of Beaumont
May 12, 2025
BUOW burrow locations.
o All movement of contractors, subcontractors, or their agents and equipment will be restricted to the limits of construction and staging areas.
o A qualified biologist will conduct any necessary
BUOW passive relocation that may be required to
avoid Project effects to BUOW.
• If BUOWs must be moved away from the proposed work
area, passive relocation techniques (e.g., use of one-way doors and collapse of burrows) would be used rather
than actual avian trapping. At least one or more weeks
would be necessary to accomplish this to allow the birds to acclimate to alternate burrows.
• The Project would provide funding for long-term
management and monitoring of the protected lands
acquired for BUOW impacts. This monitoring would
include an annual report submittal to the CDFW.
• The Burrowing Owl Plan shall include the number and
location of occupied burrow sites, acres of burrowing owl habitat that will be impacted, details of site monitoring, and details on proposed buffers and other avoidance
measures if avoidance is proposed. If impacts to
occupied burrowing owl habitat or burrow cannot be
avoided, the Burrowing Owl Plan shall also describe
minimization and compensatory mitigation actions that
will be implemented. Proposed implementation of burrow
exclusion and closure should only be considered as a
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May 12, 2025
last resort, after all other options have been evaluated as exclusion is not in itself an avoidance, minimization, or mitigation method and has the possibility to result in take.
The Burrowing Owl Plan shall identify compensatory
mitigation for the temporary or permanent loss of
occupied burrow(s) and habitat. The Project proponent
shall implement the Burrowing Owl Plan following CDFW
and USFWS review and approval.
The Burrowing Owl Protection and Relocation Plan will be submitted to CDFW and USFWS for approval prior to
initiating ground disturbance within the project site. If ground -disturbing activities occur, but the site is left undisturbed for more than 30 days, a pre -construction
survey will again be necessary to ensure burrowing owl has not colonized the site since it was last disturbed. If
burrowing owl is found, the same coordination described above will be necessary.
MM-BIO XX: Crotch's bumble bee is a CDFW candidate
Prior to
Project
Crotch's
Bumble Bee
endangered species, and shall be surveyed for prior to
construction. Prior to ground disturbance, a habitat
assessment for Crotch's bumble bee will be conducted within the Project Site and an appropriate survey buffer by a
qualified biologist with experience surveying for and
observing Crotch's bumble bee. If the qualified biologist determines that suitable habitat is present, site specific surveys for Crotch's bumble bee shall be conducted in
accordance with any Crotch's bumble bee survey protocol provided by CDFW. If Crotch's bumble bee are determined to be present within the impact site and it is determined the species will be impacted by Project implementation,
commencing
ground- or
vegetation
disturbing
activities
Proponent
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Vincent Lopez
City of Beaumont
May 12, 2025
appropriate mitigation will be determined in consultation with CDFW. In addition, the Project Applicant shall adhere to the following:
• Inactive small mammal burrows and thatched/bunch
grasses should be avoided whenever feasible. If an
inactive burrow may be disturbed by Project activities, it should be resurveyed for Crotch's bumble bee presence
within seven (7) days prior to the scheduled disturbance. • If Crotch's bumble bee is present, the qualified biologist should identify the location of all nests in or adjacent to the Project site. If nests are identified, 15 -meter no disturbance buffer zones should be established around
nests to reduce the risk of disturbance or accidental
take. If Project activities may result in disturbance or potential take, the qualified biologist, in coordination with CDFW, should expand the buffer zone as necessary to
prevent disturbance or take.
• The Project does not have the authority to take a
candidate species and shall obtain an Incidental Take
Permit (ITP) prior to grading with CDFW. If "take" or
adverse impacts to Crotch's bumble bee cannot be
avoided either during Project activities or over the life of the Project, the Project proponent should obtain
appropriate take authorization from CDFW pursuant to
Fish and Game Code section 2081 subdivision (b).
• Any floral resource associated with Crotch's bumble bee that will be removed or damaged by the Project should
be replaced at no less than 1:1. Floral resources should Chambers Group, Inc.
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City of Beaumont
May 12, 2025
be replaced as close to their original location as is
feasible. If active Crotch's bumble bee nests have been identified and floral resources cannot be replaced within 200 meters of their original location, floral resources should be planted in the most centrally available location relative to identified nests. This location should be no more than 1.5 kilometers from any identified nest.
Replaced floral resources may be split into multiple
patches to meet distance requirements for multiple
nests. These floral resources should be maintained in
perpetuity and should be replanted and managed as
needed to ensure the habitat is preserved.
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Response to Comment #1: MSHCP Consistency
CDFW comments that the Determination of Biologically Equivalent or Superior Preservation (DBESP) process is required before the environmental document's adoption to ensure consistency with the MSHCP Plan and public disclosure
A BTR was prepared for the Proposed Project and identified the Project site as not being within a criteria cell area. The vegetated streambed mapped within the Project does not meet the MSHCP definition of a Riverine, and the drainage area has no direct connectivity to downstream MSHCP Conservation areas and therefore does not contribute to the biological functions and values of downstream habitat for covered species within the MSHCP Conservation Area. The species listed in Section 6.1.2 of the MSHCP are not present and not expected to occur within the Project area, and no vernal pools were located within or adjacent to the Project site. Based on these results, a DBESP is not warranted for the Proposed Project.
No further action is required.
Response to Comment #2: Nesting Birds
CDFW comments that the Project may have a significant effect on nesting birds, including Species of Special Concern and fully protected species, that are subject to Fish and Game Code section 3513 and the Migratory Bird Treaty Act of 1918.
The Project will include clarifying language to the IS/MND's mitigation measure as suggested (MM-BIO-1 Pre -Construction Survey for Nesting Birds) to comply with the Migratory Bird Treaty Act. This revision does not reduce a previously unidentified impact, rather, this clarifies that the Project will be in compliance with existing/required regulatory requirements.
Response to Comment #3: Burrowing Owls
CDFW comments that the Project may have a significant impact on burrowing owls and burrowing owl habitats.
A Focused Burrowing Owl (BUOW) Survey was conducted for the Proposed Project, along with a report that summarized the results of the survey. The focused BUOW survey was conducted in accordance with the Western Riverside County MSHCP. The survey was conducted in all areas containing suitable BUOW habitat to avoid direct take of BUOW and any occupied BUOW burrows/nests and to determine if passive relocation would be necessary.
The results of the survey and report state that no BUOWs or BUOW signs were found. Areas with low potential for BUOW habitat were located outside of the Project site in the open space area of an existing Southern California Edison (SCE) easement following the powerlines. A copy of the full report was provided in Appendix C of the IS/MND, which states that the Proposed Project aligns with the MSHCP. No further action is required.
Response to Comment #4: Impacts to Aquatic and Riparian Resources; Lake and Streambed Alteration Agreement (LSAA)
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CDFW comments that the Project has the potential to impact fish and wildlife resources subject to Fish and Game Code section 1600 et seq as a result of increased energy of flow and deposition of debris, waste or other materials.
The City will coordinate with CDFW on the LSAA as needed.
Response to Comment #5: Crotch's Bumblebee
CDFW comments that the Project may have a significant on Crotch's bumble bee due to temporal or permanent loss of suitable nesting and foraging habitat.
A BTR was prepared for the Proposed Project that identified species that may be present within the Project site. The results of the survey indicated there are no vernal pools located within or adjacent to the Project site and the Crotch's Bumblebee was not identified to be a species that would occur within the Project site. Therefore, the Proposed Project would not cause a significant impact on this species. No further action is required.
Response to Comment #6: Mitigation Monitoring and Reporting Plan CDFW comments that the Mitigated Negative Declaration should be updated to include their proposed mitigation measures in the Mitigation Monitoring and Reporting Plan.
Refer to responses to Comments #1 through #5.
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SECTION 6.0 - REVISIONS TO THE DRAFT MITIGATED NEGATIVE DECLARATION This errata section identifies changes made to the Draft MND to correct or clarify the information contained in the document, and therefore, these changes do not require recirculation. Changes made to the Draft MND are identified here in strikeout text to indicate deletions and bold italics to signify additions.
Section 4.4.2 (a) of the IS/MND — Biological Resources
MM BI0-1: Pre -Construction Survey for Nesting Birds
Nesting birds are protected under the federal MBTA and CFG Code Sections 3503, 3503.5, and 3513.
Construction should be conducted outside of the avian and raptor breeding season. During construc-ion, tie Proposec iro'ec: wou c comp y witi -ie MBTA, wiici requires tia nes-ing airc surveys ae concuc ec prior :o ie star o vegeta-ion c earance activities siou c tiey occur during nesting season:=earuary ' 5 tirougi Septemaer 15. In compliance with the MBTA requirements, should vegetation clearance occur during the nesting bird season, a qualified biologist wou c shall conduct a nesting bird survey within the Project site and a 500 ft buffer around the disturbance footprint, one week e# before the start of these activities to ensure no active nests were are lost as a result of construction. The results of the pre -construction survey shall be documented by the qualified biologist and shall be provided to the Applicant. The Project Applicant shall adhere to the following:
1. Applicant shall designate a biologist (Designated Biologist) experienced in: identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.
2. Pre -activity field surveys shall be conducted at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Project activities.
Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the Project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate.
If an active nest is located prior to or during construction, then the nest should be flagged, construction shall be postponed/halted, and CDFW and the City of Beaumont shall be notified.
Avoidance or minimization measures shall be undertaken in consultation with the City of Beaumont and the California Department of Fish and Wildlife. Measures shall include immediate establishment of avoidance buffers, which shall be implemented as determined by the qualified biologist and approved by the City of Beaumont, based on their best professional judgement and experience. The buffer shall be of a distance to ensure avoidance of adverse effects to the nesting bird by accounting for topography, ambient conditions, species, nest location, and activity type. The buffer around the nest shall be delineated and flagged, and all work within these buffers shall be halted until a qualified biologist determines the nesting effort is finished (i.e., the juveniles are surviving independent from the nest, or the nest has failed). The biologist shall monitor the nest at the onset of project activities, and at the onset of any changes in such project activities (e.g., Chambers Group, Inc.
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increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the biologist determines that such project activities may be causing an adverse effect, alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers, shall be implemented. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to the City of Beaumont for mitigation monitoring compliance record keeping. If vegetation clearing is not initiated within 72 hours of a negative survey during nesting season, the nesting survey must be repeated to confirm the absence of nesting birds. If vegetation removal occurs outside of nesting season or if no nesting birds are found, no further action will be required. anc cons ruction wit iin an appropria-e cis-ance o -ie nes siou c ae pos_ponec unti -ie aio ogis nas con-irmec ia- tie nest is no onger active. - its is not possia e, prior -o grounc c isturaing ac-ivi ies, a qua i-iec aio ogist siou c concuc anc suami - a migra -ory nesting birc anc rap -or survey repor . Tie survey siou c occur no more nan -nree cays prior to initiation o pro ect activities, anc any occupiec passerine anc/or raptor nests occurring wi ain or ac.acent -o ie Projec si e siou c ae ce in atec. Acci iona -o ow up surveys may ae requirec by tie resource agencies. —o ie maximum extent practicaa e, a minimum au- er zone arounc occupiec nes:s siou c ae main-ainec curing piysica grounc cis-uraing activities.
Tie au-'er zone siou c ae su icien in size o preven- impac s to _ie nest. Once nesting nas ceasec, tie au-'er may ae removec
Section 4.21.1 a of the IS/MND — Mandatory Findings of Significance MM BIO-1: Pre -Construction Survey for Nesting Birds
Nesting birds are protected under the federal MBTA and CFG Code Sections 3503, 3503.5, and 3513.
Construction should be conducted outside of the avian and raptor breeding season. During construc-ion, tie Proposec P o'ec wou c comp y witi -ie MBTA, wiici '-equires tia- nesting airc surveys ae concuc-ec prior -o ie s ar of vegeta-ion c earance activities siou c tiey occu- curing nesting season: =ea uary -5 to-ougi Septemaer I5. In compliance with the MBTA requirements, should vegetation clearance occur during the nesting bird season, a qualified biologist wou c shall conduct a nesting bird survey within the Project site and a 500 ft buffer around the disturbance footprint, one week e# before the start of these activities to ensure no active nests were are lost as a result of construction. The results of the pre -construction survey shall be documented by the qualified biologist and shall be provided to the Applicant. The Project Applicant shall adhere to the following:
1. Applicant shall designate a biologist (Designated Biologist) experienced in: identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.
2. Pre -activity field surveys shall be conducted at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Project activities.
Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the Project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate.
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If an active nest is located prior to or during construction, then the nest should be flagged, construction shall be postponed/halted, and CDFW and the City of Beaumont shall be notified.
Avoidance or minimization measures shall be undertaken in consultation with the City of Beaumont and the California Department of Fish and Wildlife. Measures shall include immediate establishment of avoidance buffers which shall be implemented as determined by the qualified biologist and approved by the City of Beaumont, based on their best professional judgement and experience. The buffer shall be of a distance to ensure avoidance of adverse effects to the nesting bird by accounting for topography, ambient conditions, species, nest location, and activity type. The buffer around the nest shall be delineated and flagged, and all work within these buffers shall be halted until a qualified biologist determines the nesting effort is finished (i.e., the juveniles are surviving independent from the nest, or the nest has failed). The biologist shall monitor the nest at the onset of project activities, and at the onset of any changes in such project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the biologist determines that such project activities may be causing an adverse effect, alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers, shall be implemented. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to City of Beaumont for mitigation monitoring compliance record keeping. If vegetation clearing is not initiated within 72 hours of a negative survey during nesting season, the nesting survey must be repeated to confirm the absence of nesting birds. If vegetation removal occurs outside of nesting season or if no nesting birds are found, no further action will be required. anc construe -ion witiin an appropria-e cistance o- -ie nest siou c ae postponec unti -ie oio ogis ias confirmec tia: tic nest is no onger active. --iis is not possib e, p-io--o grounc cisturbing activities, a qua i-iec aio ogist siou c cone uc- anc su omit a migra-o-y nes-ing birc anc rap or survey repor-. Tie survey siou c occur no more nai -nree cays prior to initiation o- 'rojec activities, anc any occupiec passerine anc/or raptor nests occurring wi-inn or acjaccnt to tic ''o.ec sic siou c oc cc inc`ntcd. Acci-iona -o ow up surveys may ae requirec by tie resource agencies. —o -ie maximum extent prac-ica a e, a minimum iu -er zone arounc occupiec nes-s siou c ae main-ainec curing piysica grounc cis urging activities.
Tie au--er zone siou c ie su -icient in size to preven impac s to ie nest. Once nesting ias ceasec, tie au--er may D removec
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SECTION 7.0 - MITIGATED NEGATIVE DECLARATION
This document, along with the Draft Initial Study/Mitigated Negative Declaration; Mitigation Monitoring and Reporting Program; and the Notice of Determination, constitute the Final Mitigated Negative Declaration for the Beaumont Cherry Channel in the City of Beaumont.
Pursuant to Section 21082.1 of the California Environmental Quality Act, the City of Beaumont has independently reviewed and analyzed the Initial Study and Mitigated Negative Declaration for the Proposed Project and finds that these documents reflect the independent judgment of the City. The City, as lead agency, also confirms that the project mitigation measures detailed in these documents are feasible and will be implemented as stated in the MND and MMRP.
Signature Date
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69£Z 40 9691- abed
APPENDIX A — Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING PROGRAM
Cherry Channel Drainage Project
BEAUMONT, CALIFORNIA
Prepared for:
CITY OF BEAUMONT
Public Works Department
550 East Sixth Street
Beaumont, CA 92223
Prepared by:
CHAMBERS
/Ax' GROUP
CHAMBERS GROUP, INC.
3151 Airway Avenue, Suite F208
Costa Mesa, California 92626
(949) 261-5414
June 2025
Mitigation Monitoring and Reporting Program
Beaumont Cherry Channel Drainage Project
MITIGATION MONITORING AND REPORTING PROGRAM
Public Resources Code, Section 21081.6 (Assembly Bill 3180) requires that mitigation measures identified in environmental review documents prepared in accordance with California Environmental Quality Act (CEQA) are implemented after a project is approved. Therefore, this Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure compliance with the adopted mitigation measures during the demolition and construction phases of Sunset Reservoir Project.
The City of Beaumont is the agency responsible for implementation of the mitigation measures identified in the MND. This MMRP provides the City of Redlands with a convenient mechanism for quickly reviewing all the mitigation measures including the ability to focus on select information such as timing. The MMRP includes the following information for each mitigation measure:
■ The phase of the project during which the required mitigation measure must be implemented; ■ The phase of the project during which the required mitigation measure must be monitored; and ■ The enforcement agency.
The MMRP includes a checklist to be used during the mitigation monitoring period. The checklist will verify the name of the monitor, the date of the monitoring activity, and any related remarks for each mitigation measure.
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MITIGATION MONITORING AND REPORTING PROGRAM
Cherry Channel Drainage Project
Mitigation Measure
Implementation Phase
Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Less than Significant (LTS)
Verification of Compliance
Initial I Date
Remarks
Biological Resources
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MM BIO-1: Pre -Construction Survey for Nesting Birds
Nesting birds are protected under the federal MBTA and CFG Code Sections 3503, 3503.5, and 3513. Construction should be conducted outside of the avian and raptor breeding season. In compliance with the MBTA requirements, should vegetation clearance occur during the nesting bird season, a qualified biologist shall conduct a nesting bird survey within the Project site and a 500 ft buffer around the disturbance footprint, one week before the start of these activities to ensure no active nests are lost as a result of construction. The results of the pre - construction survey shall be documented by the qualified biologist and shall be provided to the Applicant. The Project Applicant shall adhere to the following:
1. Applicant shall designate a biologist (Designated Biologist) experienced in: identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.
2. Pre -activity field surveys shall be conducted at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Project activities. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the Pre Construction
Construction
City of Beaumont
LTS
Project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate.
If an active nest is located prior to or during construction, then the nest should be flagged, construction shall be postponed/halted, and CDFW and the City of Beaumont shall be notified. Avoidance or minimization measures shall be undertaken in consultation with the City of Beaumont and the California Department of Fish and Wildlife. Measures shall include immediate establishment of avoidance buffers, which shall be implemented as determined by the qualified biologist and approved by the City of Beaumont, based on their best professional judgement and experience. The buffer shall be of a distance to ensure avoidance of adverse effects to the nesting bird by accounting for topography, ambient conditions, species, nest location, and activity type. The buffer around the nest shall be delineated and flagged, and all work within these buffers shall be halted until a qualified biologist determines the nesting effort is finished (i.e., the juveniles are surviving independent from the nest, or the nest has failed). The biologist shall monitor the nest at the onset of project activities, and at the onset of any changes in such project Chambers Group, Inc.
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MITIGATION MONITORING AND REPORTING PROGRAM
Cherry Channel Drainage Project
Mitigation Measure
#
Implementation Phase _Jo
Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Less than Significant iTs
Verification of
Compliance
p
Initial Date
Remarks
activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the biologist determines that such project activities may be causing an adverse effect, alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers, shall be implemented. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to the City of Beaumont for mitigation monitoring compliance record keeping. If vegetation clearing is not initiated within 72 hours of a negative survey during nesting season, the nesting survey must be repeated to confirm the absence of nesting birds. If vegetation removal occurs outside of nesting season or if no nesting birds are found, no further action will be required.
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MM BIO-2: Pre -Construction Survey for Burrowing Owl
A pre -construction focused survey for BUOW shall be conducted within 30 days prior to ground disturbance to reevaluate the locations of active BUOW burrows located adjacent to or within the Project limits and to avoid direct take of BUOW (MSHCP Species Specific Objective 6). If BUOWs are identified on -site, avoidance measures will be developed in compliance with the MSHCP and in coordination with the CDFW and/or Western Riverside County RCA. These measures would include the following as well as any others developed in coordination with CDFW and/or RCA:
• A biologist with knowledge of BUOW and its habitat will be retained to function as a biological monitor.
• The biological monitor will develop and implement a contractor education program regarding the BUOW to be provided to all personnel (including temporary contractors and subcontractors) before beginning work on the Project.
• The biological monitor will be present during vegetation clearing, grading, and construction, to monitor occupied BUOW burrows and any construction -related impacts.
• Prior to any ground disturbance, all limits of Project construction will be delineated and marked to be clearly visible to personnel on foot and in heavy equipment. All construction -related activities (e.g., vegetation removal, grading, equipment lay -down and storage, and contractor parking) will occur inside the limits of construction and designated staging areas. Construction staging and equipment storage will be located outside any occupied Pre Construction
Construction
City of Beaumont
LTS
BUOW burrow locations.
o All movement of contractors, subcontractors, or their agents and equipment will be restricted to the limits of construction and staging areas.
o A qualified biologist will conduct any necessary BUOW passive relocation that may be required to avoid Project effects to BUOW.
• If BUOWs must be moved away from the proposed work area, passive relocation techniques would be used rather than actual avian trapping. At least one or more weeks would be necessary to accomplish this to allow the birds to acclimate to alternate burrows.
• The Project would provide funding for long-term management and monitoring of the protected lands acquired for BUOW impacts. This monitoring would include an annual report submittal to the CDFW.
Cultural Resources
CUL-1: The Applicant shall retain the services of a Qualified Archaeologist, meeting the Secretary of the Interior Standards, for the duration of Pre -Construction
Construction
City of Beaumont
LTS
Chambers Group, Inc.
21492
IP MITIGATION MONITORING AND
Cherry Channel Drainage
REPORTING PROGRAM
Project
Mitigation Measure
Implementation Phase
i
Monitoring
Phase
Enforcement
Agency
.i
Level of Significance
Verification
of Compliance
p
After Mitigation
Less than Significant (LTS)
Initial
Date
Remarks
ground -disturbing construction activity. All construction -related ground disturbing activity that includes cutting into native intact soils shall be monitored by a cultural resources specialist proficient in construction monitoring setting. The Qualified Archaeologist or cultural resources specialist working under the direction of the Qualified Archaeologist shall provide training to inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the Project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources.
In the event of an inadvertent discovery of potential archaeological resources (artifacts or features) during ground -disturbing activities, construction activities within a 50 -foot radius of the discovery shall be halted while the Qualified Archaeologist assesses the find. If the resource is determined to be significant or unique through significance evaluation, and site avoidance is not possible, appropriate site -specific mitigation measures shall be established and undertaken. These might include an archaeological mitigation and monitoring plan, treatment, or data recovery programs. All monitoring or associated plans would be prepared and implemented under the direction of a qualified archaeologist. All required close-out reporting would be completed in accordance with the Office of Historic Preservation's Archaeological Resource Management Reports (ARMR).
Chambers Group, Inc.
21492
7
Mitigation Measure
Implementation Phase
Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Verification of Compliance
Initial Date Remarks
Geology and Soils
PAL -1: Prior to issuance of a grading permit, the City shall be required to obtain the services of a Qualified Project Paleontologist to remain on call for the duration of the proposed ground disturbing construction activity.
The paleontologist selected must be approved by the City. Upon approval or request by the City, a paleontological mitigation plan (PMP) outlining procedures for paleontological data recovery shall be prepared for the Project and submitted to the City for review and approval. The development and implementation of the PMP shall include consultations with the District's Engineering Geologist as well as a requirement that the curation of all specimens recovered under any scenario shall be through an appropriate repository agreed upon by the City. If the District accepts ownership, the curation location may be revised. The PMP shall include developing a multilevel ranking system, or Potential Fossil Yield Pre-Construction/Construction
Construction
City of Beaumont
LTS
Classification (PFYC), as a tool to demonstrate the potential yield of fossils within a given stratigraphic unit. The PMP shall outline the monitoring and salvage protocols to address paleontological resources encountered during Project -related ground -disturbing activities, as well as the appropriate recording, collection, and processing protocols to appropriately address any resources discovered.
Tribal Cultural Resources
TCR-1: Prior to the issuance of grading permits, the applicant shall enter into a Tribal Monitoring Services Agreement with the Morongo Band of Mission Indians (MBMI) for the Project. The Tribal Monitor shall be on - site during all ground -disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind). The Tribal Pre-Construction/Construction
Construction
City of Beaumont
LTS
Monitor shall have the authority to temporarily divert, redirect, or halt the ground -disturbing activities to allow identification, evaluation, and potential recovery of cultural resources.
Chambers Group, Inc.
21492
Mitigation Measure
Implementation Phase
Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Less than Significant (LTS) Ilk
Verification of
Compliance
Initi lli
Date
Remarks
TCR-2: Prior to any ground -disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post replacement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind), and prior to the issuance of grading permits, the Applicant shall retain a Qualified Archaeologist who meets the U.S. Secretary of the Interior Standards (SOI). The Archaeologist shall be present during all ground disturbing activities to identify any known or suspected archaeological and/or cultural resources. The Archaeologist will conduct a Cultural Resource Sensitivity Training, in conjunction with the Tribe[s] Tribal Historic Preservation Officer (THPO), and/or designated Tribal Representative. The training session will focus on the archaeological and tribal cultural resources that may be encountered during ground -disturbing activities as well as the procedures to be followed in such an event.
TCR-3: Prior to any ground -disturbing activities the project Archaeologist shall develop a Cultural Resource Management Plan (CRMP) and/or Archaeological Monitoring and Treatment Plan (AMTP) to address the details, timing, and responsibilities of all archaeological and cultural resource activities that occur on the project site. This Plan shall be written in consultation with the consulting Tribe[s] and shall include the following: approved Mitigation Measures (MM)/Conditions of Approval (COA), contact information for all pertinent parties, parties' responsibilities, procedures for each MM or COA, and an overview of the project schedule.
TCR-4: The retained Qualified archeologist and Consulting Tribe[s] representative shall attend the pre -grade meeting with the grading contractors to explain and coordinate the requirements of the monitoring plan.
TCR-5: During all ground -disturbing activities the Qualified Archaeologist and the Tribal Monitor shall be onsite full-time. The frequency of inspections shall depend on the rate of excavation, the materials excavated, and any discoveries of Tribal Cultural Resources as defined in California Public Resources Code Section 21074. Archaeological and Tribal Monitoring will be discontinued when the depth of grading and the soil conditions no longer retain the potential to contain cultural deposits. The Qualified Archaeologist, in consultation with the Tribal Monitor, shall be responsible for determining the duration and frequency of monitoring.
Pre-Construction/Construction
Pre -Construction
Pre -Construction
Construction
Construction
Construction
Pre -Construction
Construction
City of Beaumont
City of Beaumont
City of Beaumont
City of Beaumont
LTS
LTS
LTS
LTS
Chambers Group, Inc.
21492
9
Mitigation Measure
Implementation Phase
Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Less than Significant (LTS) Ilk
Verification of
Compliance
Initi lli
Date
Remarks
TCR-6: In the event that previously unidentified cultural resources are unearthed during construction, the Qualified Archaeologist and the Tribal Monitor shall have the authority to temporarily divert and/or temporarily halt ground -disturbance operations in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non -significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed.
If a potentially significant cultural resource(s) is discovered, work shall stop within a 60 -foot perimeter of the discovery and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. All work shall be diverted away from the vicinity of the find, so that the find can be evaluated by the Qualified Archaeologist and Tribal Monitor[s]. The Archaeologist shall notify the City and consulting Tribe[s] of said discovery. The Qualified Archaeologist, in consultation with the Lead Agency, the consulting Tribe[s], and the Tribal Monitor, shall determine the significance of the discovered resource. A recommendation for the treatment and disposition of the Tribal Cultural Resource shall be made by the Qualified Archaeologist in consultation with the Tribe[s] and the Tribal Monitor[s] and be submitted to the Lead Agency for review and approval. Below are the possible treatments and dispositions of significant cultural resources in order of CEQA preference:
A. Full avoidance.
B. If avoidance is not feasible, Preservation in place.
C. If Preservation in place is not feasible, all items shall be reburied in an area away from any future impacts and reside in a permanent conservation easement or Deed Restriction.
D. If all other options are proven to be infeasible, data recovery through excavation and then curation in a Curation Facility that meets the Federal Curation Standards (CFR 79.1)
Construction
Construction
City of Beaumont
LTS
Chambers Group, Inc.
21492
10
Mitigation Measure
Implementation Phase
Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Less than Significant (LTS) Ilk
Verification of
Compliance
Initi lli
Date
Remarks
TCR-7: The Morongo Band of Mission Indians requests the following specific conditions to be imposed in order to protect Native American human remains and/or cremations. No photographs are to be taken except by the coroner, with written approval by the consulting Tribe[s].
A. Should human remains and/or cremations be encountered on the surface or during any and all ground -disturbing activities (i.e., clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all water supply, electrical, and irrigation lines, and landscaping phases of any kind), work in the immediate vicinity of the discovery shall immediately stop within a 100 -foot perimeter of the discovery.
The area shall be protected; project personnel/observers will be restricted. The County Coroner is to be contacted within 24 hours of discovery. The County Coroner has 48 hours to make his/her determination pursuant to State and Safety Code §7050.5. and Public Resources Code (PRC) § 5097.98.
B. In the event that the human remains and/or cremations are identified as Native American, the Coroner shall notify the Native American Heritage Commission within 24 hours of determination pursuant to subdivision (c) of HSC §7050.5.
C. The Native American Heritage Commission shall immediately notify the person or persons it believes to be the Most Likely Descendant (MLD). The MLD has 48 hours, upon being granted access to the Project site, to inspect the site of discovery and make his/her recommendation for final treatment and disposition, with appropriate dignity, of the remains and all associated grave goods pursuant to PRC §5097.98
D. If the Morongo Band of Mission Indians has been named the MLD, the Tribe may wish to rebury the human remains and/or cremation and sacred items in their place of discovery with no further disturbance where they will reside in perpetuity. The place(s) of reburial will not be disclosed by any party and is exempt from the California Public Records Act (California Government Code § 6254[r]). Reburial location of human remains and/or cremations will be determined by the Tribe's MLD, the landowner, and the City Planning Department.
TCR-8: The final report[s] created as a part of the project (AMTP, isolate records, site records, survey reports, testing reports, etc.) shall be submitted to the Lead Agency and Consulting Tribe[s] for review and comment. After approval of all parties, the final reports are to be submitted to the Eastern Information Center, and the Consulting Tribe[s].
Construction
Post -Construction
Construction
Construction
City of Beaumont
City of Beaumont
LTS
LTS
Chambers Group, Inc.
21492
Column
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Notice ID: MYwnkXud9wYeWSsVnrFS Proof Updated: Apr. 10, 2025 at 02:29pm PDT Notice Name: Cherry Channel Neg Dec I Publisher ID: 0011729900 FILER
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Cherry Channel Neg Dec - Page 1 of 2
CITY OF BEAUMONT
NOTICE OF INTENT (NOI) TOADOPT AN INITIAL STUDY/MITIGATED
NEGATIVE DECLARATION
Cherry Channel Drainage Project
In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, City Staff prepared a Draft Initial Study/Mitigated Negative Declaration (IS/HIND) that identifies and evaluates the environmental impacts of the Cherry Channel Drainage Prolect.
Project Title: Cherry Channel Drainage Prolect
Project Location: The Prolect site is located along Cherry Avenue, between Cougar Way and Oak Valley Pkwy.
Project Description: The City of Beaumont proposes replacing the turf geo-mat lining along an existing channel with concrete to Improve flow conditions and reduce maintenance. The geo-mats have been damaged over time by urban runoff. The prolect will remove the existing geo-mat lining, wingwall, and rlprap, replacing them with concrete along the slopes and channel bottom, while protecting the headwalls and culverts in place. This will reduce maintenance costs and improve runoff flow.
Environmental Review and Public Comment: The circulation of the Draft I S/MN D is to encourage written publ lc comments. Interested persons can review the Draft IS/MN D at the following physical location:
City of Beaumont
Planning Department
550 E. 6th Street
Beaumont, CA 92223
You may obtain the document in electronic format at https:// www.beaumontca.gov/1125/Planning-Prolects , or by email ing [email protected] . To request a PDF version of the document from the Planning Department database, please refer to the Cherry Channel Drainage Prolect.
The comment period on the IS/MND begins April 10, 2025, and closes on May 10, 2025. Please submit comments to CKendrick@ beaumontca.gov or to:
Carole Kendrick, Interim Community Development Director City of Beaumont
Planning Department
550 E. 6th Street
Beaumont, CA 92223
Intent to Consider Adoption of MND: The Planning Department of the City of Beaumont will conduct a public hearing to consider the adoption of a Mitigated Negative Declaration for the Proposed Prolect pursuant to the California Environmental Quality Act (CEQA). The hearing will be held at 550 E. 6th Street, Beaumont, California 92223.
The Press -Enterprise
Published: 4/15, 4/22/25
Cherry Channel Neg Dec - Page 2 of 2
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PUBLIC HEARING NOTICE -CHERRY CHANNEL - Page 1 of 2
LEGAL ADVERTISEMENT
NOTICE IS HEREBY GIVEN, that the City Council of the City of Beaumont will conduct a public hearing to consider the matter described below. The City Council's public hearing will be held at 6:00 p.m. on Tuesday, July 15, 2025, at 550 East Sixth Street, Beaumont, California.
ADOPT A CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND
MITIGATION AND MONITORING REPORT PROGRAM (MMRP) FOR
THE CHERRY CHANNEL DRAINAGE (R-07). Conduct a public hearing to consider a request for adoption of a California Environmental Quality Act (CEQA) Initial Study/Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program for the Cherry Channel Drainage. The proposed Prolect would remove the existing geo-mat lining, wingwall, and riprap within the channel and replace them with concrete along the slopes and channel bottom. The existing headwalls and culverts will remain In place and be protected. The proposed Prolect would result In reduced maintenance costs and improved flow of runoff to the channel. The Prolect site is located along Cherry Avenue between Cougar Way and Oak Valley Parkway within the Sundance Specific Plan on Assessor Parcel Numbers (A P N) 408-250-034, 408-240-038, 408-090-066, 408-100-025 & 408-100-024.
Prolect Title: R-07 Cherry Channel Drainage
Public comments can be made in person, using the public comment phone line, or by written email. Phone-in comments will be accepted by calling the designated public comment phone line (951) 922-4845 prior to the corresponding Item. Public comments shall not exceed three minutes unless otherwise authorized by the City Council.
Written comments can be emalled to [email protected] .
Public comments accepted via email will be read aloud during the corresponding Item of the meeting. Comments can be submitted any time prior to tile meeting as well as during the meeting until the end of the corresponding item.
This meeting will be conducted in person and will be recorded for live streaming. All City of Beaumont public meetings will be made available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access: BeaumontCa.gov/Livestream
Vincent Lopez
Prolect Manager
[email protected]
The Press -Enterprise
Published: 7/3/25
PUBLIC HEARING NOTICE -CHERRY CHANNEL - Page 2 of 2
BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Gustavo J. Romo, Deputy City Manager
Darron Usher, Principal Management Analyst
DATE July 15, 2025
SUBJECT: Public Hearing - Introduction of Ordinance and Resolution to add Parking Citation Penalties/Fines to the Citywide Fee Schedule
Description A public hearing to consider an ordinance and resolution amending the City's Municipal Code Chapter 10.08 - PARKING to align with those of neighboring cities, promote compliance, and enhance public safety through improved deterrence.
Background and Analysis:
On June 17, 2025, the City Council discussed the City's current parking citation penalty schedule. Staff presented a comparative analysis of Beaumont's existing fines alongside those of ten neighboring jurisdictions, including Banning, Calimesa, Yucaipa, and Murrieta.
The findings demonstrated that Beaumont's citation penalties/fines are generally lower across several common violations, which may undermine their effectiveness as a deterrent and contribute to ongoing non-compliance. Examples include:
• Registration violations: Beaumont — $60 I Neighboring average — $71.13 • Fire lane violations: Beaumont — $80 I Neighboring average — $98.30 • Handicap parking violations: Beaumont — $325 I Neighboring average — $381 Low citation fines/penalties, particularly for public safety -related violations, can reduce the incentive for voluntary compliance and result in increased strain on the Police Department's enforcement efforts. To address these challenges, staff developed a schedule of proposed penalty/fine increases (see Attachment A) aimed at achieving the following goals:
1. Align with regional standards: Bringing Beaumont's fines/penalties in line with neighboring cities promotes fairness and consistency.
2. Strengthen deterrence: Higher fines/penalties serve as a more effective deterrent to illegal parking behaviors.
3. Support public safety and aesthetics: Reducing violations involving red curbs, hydrants, and handicap spaces enhances safety and the overall appearance of public areas.
4. Encourage registration compliance: Increased penalties for expired registration help ensure vehicles are legally maintained and operational.
Commercial vehicle -related citations are not included in the proposed adjustments at this time and will be addressed under a separate policy initiative.
Updated Parking Penalties/Fines
Below are the updated fines based on the median fines from the surrounding cities:
REF #
PARKING VIOLATION
CITATION AMOUNT
PD -01
High School Parking (Parked in undesignated areas)
$45.00
PD -02
On or Across a Sidewalk (CVC §22500(f))
$50.00
PD -03
Fire Lane (CVC §22500.1)
$100.00
PD -04
Over 18" from Right Curb (CVC §22502(a))
$48.75
PD -05
Unauthorized Disabled Space (CVC §22507.8(a) & (b))
$330.00
PD -06
Within 15' of a Fire Hydrant (CVC §22514)
$80.00
PD -07
Blocking Driveway (CVC §22500(e))
$50.00
PD -08
License Plate not Displayed (CVC §5200(a))
$94.00
PD -09
Expired Registration Tabs (CVC §5204(a))
$88.25
PD -10
Parking Violation Late Fee (Set by Local Jurisdiction)
Up to $100.00
Fiscal Impact:
The proposed fine/penalty increases are expected to result in a modest increase in citation revenue. However, the primary objective is improved compliance and reduced violations, which will enhance safety and reduce the burden on enforcement resources.
The estimated cost of preparing this staff report is $300.
Recommended Action:
Hold a public hearing;
Waive the first full reading and approve by title only:
"An Ordinance Of The City Council Of The City Of Beaumont, California, Amending Chapter 10.08 - Parking By Adding Section 10.08.101 — Parking And Late Payment Penalties Schedule To The Beaumont Municipal Code" And; Adopt the Resolution and approve by title only, "A Resolution of the City Council of the City Of Beaumont, California, Adopting A New Parking Violation And Late Payment Penalty Schedule."
Attachments:
A. Parking Citation Survey
B. Parking Citation Ordinance — Draft
C. Parking Citation Resolution
Violation
Beaumont
Banning
Calimesa
Yucaipa
Murrieta
Riverside
Montclair
Rancho
Cucamonga
Ontario
Chino
Fontana
Average
Median
High School
Parking
Pending Violation
N/A (Not
published)
p )
N/A (Not
published)
N/A (Not
published)
$35 (student
parked outside
designated area)
N/A (Not
published)
p )
N/A (Not
published)
N/A (Not
published)
$42.50
$47.50
N/A (Not
published)
$ 45.00
$ 45.00
On or Across
Sidewalk
$35.00
—$45(typical)
�$45
(typical)
-$45(typical)
—$45 (typical)
—$45 (typical)
$43
$192
$50.00
$47.50
$50
$ 76.50
$ 50.00
Fire Lane
$80.00
—$67 (typical)
(typal)
—$67 (typical)
—$67 (typical)
—$67 (typical)
$106
$108
$80.00
$97.50
$100
$ 98.30
$ 100.00
Over 18" from
Right Curb
$35.00
—$45 (typical) (typical)
�$45
(typical)
—$45 —$45
(typical)
—$45 (typical)
( ical
$43
NA
$63.00
$47.50
$50
$ 50.88
$ 48.75
Unauthorized
Disabled Space
$325.00
$340
(minimum)
$340
(minimum)
$340 (minimum)
$340 (minimum)
$340-$410
(range; not
less than $250
by law)
$278
$485
$330.00
$312.50
$500
$ 381.10
$ 330.00
Within 15' of Fire
Hydrant
$45.00
—$45(typical)
�$45
(typical)
—$45(typical)
ical
( —$45 (typical)
ical
—$45 (typical)
(
$43
$132
$80.00
$72.50
$100
$ 85.50
$ 80.00
Blocking
Driveway
$35.00
—$43 (typical)
�$43
(typical)
—$43 (typical)
—$43 (typical)
—$43 (typical)
$43
$70
$50.00
$47.50
$50
$ 52.10
$ 50.00
License Plate Not
Displayed
N/A
—$46(typical)
�$46
(typical)
—$46(typical)
—$46(typical)
—$46 (typical) ical
(
$79
$156
$80
N/A (Not
published)
$108
$ 105.75
$ 94.00
Expired
Registration Tabs
$60.00
$70 (typical)
$70
(typical)
$70 (typical)
$70 (typical)
$70 (typical)
$79
$0
Unknown
$97.50
$108
$ 71.13
$ 88.25
Parking Violation
Late Fee (added
after due date)
up to $100
—$35 (after 21
days)
—$35 (after
21 days)
—$35 (after 21
days)
—$35 (after 21
days)
—$35 (after 21
days)
$25
$59
$50
$25
$50
$ 41.80
$ 50.00
ORDINANCE NUMBER
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BEAUMONT, CALIFORNIA, AMENDING CHAPTER 10.08 - PARKING BY ADDING SECTION 10.08.101 - PARKING AND LATE PAYMENT PENALTIES
SCHEDULE TO THE BEAUMONT MUNICIPAL CODE
WHEREAS, Vehicle Code Section 40203.5(a) provides that the City's schedule of parking and late payment penalties shall be established by the governing body of the jurisdiction where the notice of violation is issued; and
WHEREAS, the City Council of the City of Beaumont, as the governing body of the city, desires to adopt an update to the parking and late penalties schedule to ensure consistency with regional agencies within the county, improve public safety, and strengthen deterrence for parking violation; and
WHEREAS, the proposed penalties are based upon a regional average of surrounding cities.
NOW, THEREFORE, the City Council of the City of Beaumont does ordain as follows:
SECTION 1. Incorporation of Recitals. The recitals reflected above are true, correct, and incorporated herein by this reference as the cause, purpose, and foundation for the action taken by the City Council through this Ordinance.
SECTION 2. CEQA. Pursuant to section 15060(c)(2) of the California CEQA Guidelines, adoption of the subject Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not subject to CEQA. Additionally, pursuant to section 15060(c)(3) the activity is not a "project" as defined in section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 3. Findings. The City Council HEREBY FINDS AND DETERMINES that facts do exist to approve an amendment to the Beaumont Municipal Code ("Beaumont Code").
SECTION 4. Approval. The City Council HEREBY APPROVES the amendment to the Beaumont Municipal Code by adding Section 10.08.101 — Parking and Late Payment Penalties Schedule to Chapter 10.08 — Parking, as set forth on Exhibit A, which Exhibit is attached hereto and incorporated herein by this reference.
SECTION 5. Effective Date. This action shall become final and effective thirty (30) days after the adoption of this Ordinance by the City Council as provided by the Beaumont Code.
SECTION 6. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 7. Certification. The City Clerk shall certify the introduction and adoption of this Ordinance.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the day of , 2025, by the following roll call vote:
AYES:
NOES
ABSENT
ABSTAIN
Mike Lara, Mayor
Attest:
Nicole Wheelwright, Deputy City
Clerk
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the day of , 2025.
AYES:
NOES:
ABSENT:
ABSTAIN:
(Seal)
Approved as to form:
Mike Lara, Mayor
Attest:
Nicole Wheelwright, Deputy City
Clerk
John O. Pinkney, City Attorney
EXHIBIT A
Chapter 10.08 - PARKING
10.08.101— Parking and Late Payment Penalties Schedule
The schedule of Parking and Late Payment Penalties will be established by resolution of the City Council. The Parking and Late Penalties will be set forth in the Citywide Fee Schedule. The Parking and Late Payment Penalties was adopted by Resolution No. which may be amended by the City Council from time to time.
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, ADOPTING A NEW PARKING VIOLATION AND LATE PAYMENT
PENALTY SCHEDULE
WHEREAS, California Vehicle Code Section 40203.5 authorizes the City Council to establish a schedule of parking and late payment penalties and requires that, to the extent possible, such penalties be standardized within the county; and
WHEREAS, the City of Beaumont's current parking and late penalty amounts are below those of surrounding jurisdictions and may not serve as an effective deterrent to unlawful parking behavior; and
WHEREAS, the City Council of the City of Beaumont finds that it is in the public interest to adopt a new parking and late penalty schedule that aligns with the regional average and promotes public safety and compliance with state and local parking regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT AS FOLLOWS:
SECTION 1. ADOPTION
The City Council hereby adopts the new Parking and Late Payment Penalty Schedule as shown in Exhibit A, attached and incorporated herein by this reference.
SECTION 2. EFFECTIVE DATE
This Resolution shall take effect 30 days after its adoption.
SECTION 3. REPLACEMENT
The new Parking and Late Payment Penalty Schedule shall rescind, supersede, and replace any previously adopted parking and late payment penalty schedules.
SECTION 4. AUTHORIZATION TO IMPLEMENT
City staff are authorized to take all necessary steps to implement the new Parking and Late Payment Penalty Schedule, including notifying the City's citation processing agency and publishing the penalty amounts on the City's website.
SECTION 5. CERTIFICATION
The City Clerk shall certify to the passage and adoption of this resolution and shall maintain it in the City's permanent records.
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MOVED, PASSED AND ADOPTED this day of 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
By:
Mike Lara, Mayor, City of Beaumont
ATTEST:
Nicole Wheelwright
DEPUTY CITY CLERK
By:
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EXHIBIT A
REF #
PARKING VIOLATION
CITATION AMOUNT
PD -01
High School Parking (Parked in undesignated areas)
$45.00
PD -02
On or Across a Sidewalk (CVC §22500(f))
$50.00
PD -03
Fire Lane (CVC §22500.1)
$100.00
PD -04
Over 18" from Right Curb (CVC §22502(a))
$48.75
PD -05
Unauthorized Disabled Space (CVC §22507.8(a) & (b))
$330.00
PD -06
Within 15' of a Fire Hydrant (CVC §22514)
$80.00
PD -07
Blocking Driveway (CVC §22500(e))
$50.00
PD -08
License Plate not Displayed (CVC §5200(a))
$94.00
PD -09
Expired Registration Tabs (CVC §5204(a))
$88.25
PD -10
Parking Violation Late Fee (Set by Local Jurisdiction)
Up to $100.00
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BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE July 15, 2025
SUBJECT: Authorize Employment Contract with Chief of Police Description Staff is requesting the Council review and authorize the City Manager to sign the employment agreement with Christopher Ramos appointing him to the position of Chief of Police.
Background and Analysis:
Staff engaged Teri Black & Co. Executive Recruitment Firm in February 2025 to assist the City with the search for the next Chief of Police. The firm produced and distributed a recruitment brochure through traditional and electronic mail. They designed and executed a national advertising, marketing and social media campaign. They conducted screening interviews with eighteen candidates and recommended four candidates for City consideration. Three final candidates participated in four different interview panels. These panels included a Community Panel, Professional Panel of Chiefs and City Managers, an Executive Team Panel and lastly the Beaumont City Manager and Deputy City Manager.
Christopher has a Bachelor of Science Degree in Business Administration from California Coast University. He has a Master's Degree in Law Enforcement and Public Safety Leadership from University of San Diego. He started his career in law enforcement in 2001 and has spent the last 19 years promoting through the ranks of the Beaumont Police Department. He chose Beaumont to raise his family and is passionate about this community, its residents and the members of the Beaumont Police Department.
The City Manager negotiated the terms of the employment contract, and the City Attorney has reviewed and approved the language in the contract.
Fiscal Impact:
The contract provides for an annual fully loaded fiscal impact of $427,652 to be paid out of the general fund for personnel costs. City staff estimate the cost to prepare this report was $975.
Recommended Action:
Approve the employment agreement with Christopher Ramos for Chief of Police and authorize the City Manager to sign the agreement.
Attachments:
A. Employment Agreement
CHIEF OF POLICE EMPLOYMENT AGREEMENT
This CHIEF OF POLICE EMPLOYMENT AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into and made effective the 15th day of July, 2025, by and between the CITY OF BEAUMONT, (hereinafter referred to as the "CITY"), and Christopher Ramos, an individual (hereinafter referred to as "EMPLOYEE"). For purposes of this AGREEMENT, CITY and EMPLOYEE may be collectively referred to as the "Parties" or individually as a "Party."
RECITALS
WHEREAS, California Government Code section 34851 authorizes a city manager form of government, which position is prescribed by state law and the CITY's Municipal Code; and WHEREAS, California Government Code section 34856 provides that the city manager, in cities operating under the City Manager form of government, may appoint and dismiss the chief of police and other subordinate appointive offices and employees; WHEREAS, the duties of the Chief of Police are set forth in Exhibit "A" to this AGREEMENT;
WHEREAS, the CITY requires the services of a Chief of Police; WHEREAS, based on EMPLOYEE'S executive and administrative qualifications and ability, the City Manager desires to appoint EMPLOYEE to serve as the Chief of Police for the CITY;
WHEREAS, the Parties agree that the EMPLOYEE has the necessary qualifications and experience to perform the as the Chief of Police for the CITY, including State of California Police Officer Standards and Training (POST) management certification and POST Executive certification; and
WHEREAS, the Parties wish to establish the terms and conditions of EMPLOYEE's employment through this AGREEMENT;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, CITY and EMPLOYEE hereby agree as follows:
1. INCORPORATION OF RECITALS. The above recitals are incorporated herein and made a part of this Agreement.
2. EMPLOYMENT AND DUTIES.
2.1 Duties. The City Manager hereby appoints EMPLOYEE as Chief of Police for the CITY to perfoliii the functions and duties of that position, as described in Exhibit "A" to this AGREEMENT, the California Government Code, and such other legally permissible and proper duties and functions as the City Manager shall, from time to time, direct or assign to EMPLOYEE. 1
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The CITY reserves the right to amend the Beaumont Municipal Code as it deems necessary and appropriate, without requiring EMPLOYEE's acquiescence or an amendment of this AGREEMENT. EMPLOYEE agrees to perform all such functions and duties to the best of his ability and in an efficient, competent, and ethical manner.
2.2 Work Schedule. It is recognized that the Chief of Police is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal business hours, Monday through Friday, as set by the CITY and as may be duly revised from time to time by the CITY, and will also often require the performance of necessary services outside of normal business hours EMPLOYEE's compensation is not based on hours worked.
2.3 FLSA Exempt Status. The Chief of Police position remains an "exempt" classification under the overtime provisions of the federal Fair Labor Standards Act ("FLSA"), and EMPLOYEE shall not be entitled to any compensation for overtime nor subject to such overtime provisions of the FLSA. EMPLOYEE acknowledges and agrees that the Chief of Police position is that of an exempt employee of the CITY for purposes of the FLSA.
2.4 Regional and Professional Activities. CITY desires that EMPLOYEE be reasonably active in professional organizations that will promote the standing of CITY and advance CITY's goals, interests, and policy objectives while also providing EMPLOYEE with opportunities for the type of professional development that will enhance EMPLOYEE's ability to serve CITY and perform EMPLOYEE's duties as Chief of Police. Toward this end, EMPLOYEE may, upon reasonable notice and approval by the City Manager, join professional organizations and participate in the activities of such organizations insofar such participation promotes the interests of CITY and does not unduly interfere with the performance of EMLOYEE's duties as Chief of Police. CITY agrees to budget and, consistent with that budget, pay for the dues, conference and travel fees, and subscriptions of the Chief of Police necessary for EMPLOYEE's participation in national, statewide, regional, or professional organizations.
2.5 Non -CITY Activities. In accordance with Government code section 1126, during the period of EMPLOYEE's employment, EMPLOYEE shall not accept, without the express prior written consent of the City Manager, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity, except as permitted in Section 2.4, whether or not pecuniary advantage, that is or be competitive with CITY, that might cause a conflict of interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of EMPLOYEE's duties as Chief of Police.
2.6 Restriction on Outside Business Activities. During EMPLOYEE's employment, EMPLOYEE shall devote his full business, time, energy, and ability exclusively to the business and interests of CITY, and shall not, without prior written consent of City Manager, render services to others of any kind for compensation, or engage in other business activities that would material interfere with the performance of EMPLOYEE's duties under this AGREEMENT, except that:
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(a) The expenditure of reasonable amounts of time, not in conflict with the CITY's needs and interests, for educational, charitable, community, and professional activities, shall not be deemed a breach of this Section 2.6 and shall not require prior consent; and
(b) This Agreement shall not be interpreted to prohibit EMPLOYEE from making passive, personal investments or conducting private affairs in those activities that do not materially interfere with the EMPLOYEE's duties under this AGREEMENT or create or result in conflicts of interests with CITY.
2.7 CITY Documents. All data, studies, reports, and other documents prepared by EMPLOYEE while performing his duties during the term of this AGREEMENT shall be furnished to and become the property of the CITY, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to EMPLOYEE in connection with the performance of this AGREEMENT shall be held confidential by EMPLOYEE to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by EMPLOYEE, without the prior written consent of the City Manager, for any purposes other than the performance of EMPLOYEE's duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this GREEMENT, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.
3. COMPENSATION AND REIMBURSEMENT.
3.1 Base Salary . Commencing on the date EMPLOYEE commences full time work with the CITY, EMPLOYEE shall receive a base annual salary of Two Hundred Thirty -Five Thousand Seven Hundred Forty -Seven Dollars and 20/100 per year ($235,747.20) (hereinafter, the "Base Salary"). The Parties understand and agree that the amount of the Base Salary, as preliminarily established for the year 2025, may be adjusted from time -to -time by the CITY MANAGER following a performance evaluation, as provided for in Section 3.2 (below). In no event shall EMPLOYEE's base salary adjust automatically pursuant to any mechanism, and in no event shall EMPLOYEE's base salary exceed the maximum amount approved by the City Council, including in the CITY's Salary Chart or any other salary table or other document that may be adopted by the City Council in the future. The Base Salary shall be payable in monthly or bi-weekly installments at the same time and in the same manner as other management employees of CITY. EMPLOYEE's salary shall be subject to customary withholding for taxes and other required deductions.
3.2 Performance Review. On or before the anniversary date of execution of this Agreement, the City Manager will undertake a job performance review of EMPLOYEE. 3
In connection with such performance review, the City Manager may consider any adjustments in EMPLOYEE's compensation consistent with the CITY's Salary Chart.
The failure of CITY to undertake a performance evaluation shall not limit CITY's ability to terminate this Agreement pursuant to Section 4 (Termination).
3.3 Benefits. In addition to Base Salary, CITY shall also provide EMPLOYEE with the following benefits:
(a) Cafeteria Plan, Dependent Care Flexible Spendin7 Account, Life and Short Term Disability Insurance. Vacation Accrual, Sick Leave, Public Employees Retirement System (PERS) Eligibility. Certificate, Education and Reimbursements.
EMPLOYEE shall be provided with these benefits to the same extent as those benefits are provided to the members of the Non -represented Police Management Group, whether as described in the Police Management Group MOU referred to in the Recitals or in the City's Employment Policies, whichever is applicable, as those document may be modified or amended from time to time.
3.4 Use of City -Owned Automobile. EMPLOYEE shall be given exclusive use of an emergency equipped CITY -owned or leased automobile subject to the following restrictions on use: (i) the automobile shall be used primarily for the purpose of commuting to and from work and for the performance of CITY business; (ii) EMPLOYEE will not allow the automobile to be driven by any third party, except by CITY personnel in the performance of CITY business or in the course of routine vehicle maintenance or repair; (iii) the automobile may not be used for, or in the furtherance of, any unlawful purpose or act or for private commercial gain; (iv) to the fullest extent permitted by law, EMPLOYEE waives and releases CITY from any workers compensation claim which EMPLOYEE may otherwise assert to the extent any injuries suffered by EMPLOYEE while driving the automobile were sustained while EMPLOYEE was using the vehicle for a non -CITY -related purpose (including, but not limited to, personal travel or entertainment or travel in connection with household errands or travel to and from work).
EMPLOYEE may not use the vehicle for travel to locations outside of the State of California, without the prior approval of the City Manager. CITY shall be responsible for paying: (i) all premiums for legally required automobile insurance; and (ii) all vehicle maintenance and repair. In accordance with CITY reimbursement policies, EMPLOYEE may claim reimbursement for gasoline expenses to the extent such expenses are incurred in the performance of CITY business.
3.5 Jury Duty. EMPLOYE will receive Base Salary and benefits while responding to a jury summons or serving on a jury. Any compensation for such jury duty (except travel pay) shall be remitted to CITY.
3.6 Business Related Equipment. CITY shall also provide EMPLOYEE a personal computer (at work) and either a smart phone or phone allowance comparable to the Non -represented Police Management Group for use in connection with CITY business. CITY shall be responsible for maintenance of said items. 4
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3.7 Participation in Additional CITY Programs. EMPLOYEE shall be eligible to participate in any other CITY programs/employment benefits to the extent they are offered to non -represented CITY management employees, including but not limited to, the bilingual program or deferred compensation plan.
3.8 Administrative/Personal Leave. EMPLOYEE shall be allocated a maximum of forty (40) hours of administrative/personal leave on July 1st of each CITY fiscal year.
The maximum amount of administrative/personal leave that EMPLOYEE may accrue at any given time may not exceed eighty (80) hours total. Accrued but unused administrative/personal leave may not be rolled over to the next CITY fiscal year and may not be sold back to CITY. EMPLOYEE may request payment of up to forty (40) hours banked vacation pay, to be paid by separate check, per calendar year. Requests for payment of banked administrative pay should be submitted in accordance with the procedure stated in the Police Management Group MOU.
4. ILLNESS OR INJURY; DISABILITY AND DEATH.
4.1 Cessation of Work Due to Injury' or Disability. CITY reserves the right to terminate EMPLOYEE's employment along with this Agreement if EMPLOYEE ceases to work as a result of injury or disability which results in Employee being unable to perform the essential duties of the Chief of Police position, with or without accommodation, for a period of six (6) consecutive months or more, as documented by a healthcare provider. The foregoing notwithstanding, CITY may terminate EMPLOYEE if, in the CITY'S unilateral discretion, the disability poses a direct threat to the safety of CITY, EMPLOYEE or any other employees working for CITY and any reasonable accommodation attempted by CITY would not mitigate or eliminate such a threat.
CITY will not provide a severance payment if EMPLOYEE is terminated under this Section 3.1 of this Agreement.
4.2 Compensation for Work -Related Illness or Injury. In the event EMPLOYEE suffers a physical or mental illness or disability arising out of the course of employment, EMPLOYEE's exclusive remedy or remedies against CITY for such illness, injury or disability shall be those legally allowed under the workers' compensation laws of the State of California.
The Parties further agree that the California Workers Compensation Appeals Board shall be the exclusive venue for any claim of physical or mental illness or disability arising out of the course of EMPLOYEE'S employment with the CITY.
4.3 Medical Examination. EMPLOYEE agrees to submit to a medical and/or psychological examination by a qualified physician or psychiatrist selected by CITY, in the event the CITY determines a medical and/or psychological examination is needed to make a decision under Sections 4.1 through 4.2. CITY and EMPLOYEE shall receive a copy of all medical reports related to the examination.
4.4 Death of Employee. This Agreement along with EMPLOYEE's employment shall terminate automatically upon EMPLOYEE's death.
4.5 Compensation Upon Termination. Except as otherwise provided under this Agreement, if EMPLOYEE's employment is terminated pursuant to this Section 4 (Illness or 5
Injury; Disability and Death), CITY shall pay EMPLOYEE all Base Salary, benefits, and compensation due and owing EMPLOYEE through the last day actually worked. If termination is caused by EMPLOYEE's death, CITY shall provide the compensation and benefits otherwise due EMPLOYEE to EMPLOYEE' s executor, administrator, heirs, personal representatives, successors, and assigns. CITY will not provide for severance pay if EMPLOYEE is terminated under the provisions of Section 4.1 through 4.5, above.
5. TERMINATION.
5.1 Termination by Employee. EMPLOYEE may terminate EMPLOYEE'S employment for any reason, and at any time, with or without cause, by providing CITY with no less than thirty (30) days prior written notice. In such event, CITY shall have the option, in its complete discretion, to make EMPLOYEE's termination effective upon any date preceding the 30 -day notice period, provided CITY pays EMPLOYEE all compensation due and owing EMPLOYEE through the last day actually worked, plus an amount equal to the Base Salary EMPLOYEE would have earned through the balance of the thirty (30) day notice period. CITY will not provide a severance payment if EMPLOYEE is terminated under this Section 5.1 of this Agreement.
5.2 Termination for Cause by CITY.
(a) CITY may terminate EMPLOYEE's employment with CITY and this Agreement at any time by providing EMPLOYEE written notice of EMPLOYEE'S termination for cause and the reason(s) for the termination, and an opportunity for an opportunity for an administrative appeal pursuant to Government Code section 3304. In the event the City Manager and EMPLOYEE are unable to resolve any disagreement regarding the cause for EMPLOYEE'S, the Parties agree to arbitration as provided in Section 7. In the event of termination under this Section
5.2, CITY shall pay EMPLOYEE for EMPLOYEE'S accrued and unused vacation and sick leave, as provided for in this Agreement. The term "cause" shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) breach of this AGREEMENT, 2) willful or persistent breach of duties, 3) resume fraud or other acts of material dishonesty, 4) unauthorized absence or leave not otherwise supported by valid documentation from a healthcare provider, 5) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony under California law (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLOYEE), 6) violation of the CITY's anti -harassment policies and/or a finding that legally prohibited personal acts of harassment, discrimination, and/or retaliation against a CITY official, CITY employee, or any individual protected by state or federal laws prohibiting harassment, discrimination, and/or retaliation, 7) violation of the CITY's Municipal Code, ordinances, rules or regulations, including but not limited to the CITY's Rules and Regulations and Administrative Policies, 8) use or possession of illegal drugs, 9) engaging in conduct 6
tending to bring embarrassment or disrepute to the CITY, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions or policy decisions of the City Council or City Manager, 12) gross misfeasance or gross malfeasance, 13) incompatibility of the management styles of EMPLOYEE and CITY or City Manager, and 14) change in administration of CITY. If the CITY terminates for cause this AGREEMENT and the services of EMPLOYEE hereunder, EMPLOYEE shall not be entitled to assume any further position or employment with the CITY. (b) In the event of termination pursuant to Section 5.2(a) for the reasons of "incompatibility of the management styles of EMPLOYEE and CITY or City Manager" or "change in administration of CITY" that occurs within the first eighteen (18) months of the term of this Agreement, CITY will provide EMPLOYEE with the option to either return to the previously held position of Police Captain or accept a "severance payment" in an amount equal to twelve (12) months, less any and all applicable or legally required deductions. In the event of termination pursuant to Section 5.2(a) for the reasons of "incompatibility of the management styles of EMPLOYEE and CITY or City Manager" or "change in administration of CITY" that occurs after the first eighteen (18) months of the term of this Agreement, EMPLOYEE is only entitled to the "severance payment" in an amount equal to twelve (12) months, less any and all applicable or legally required deductions. The "severance payment" shall be paid to EMPLOYEE in addition to the accrued vacation and/or sick leave and administrative/personal leave as provided above together with any extension of benefits required under California law. The foregoing notwithstanding, in no event shall the "severance payment" include the payment of any sums prohibited pursuant to Government Code Section 53260-53264, and any such sums shall be deducted from the "severance payment."
(c) In the event of termination pursuant to Section 5.2(a) for any reason other than "incompatibility of the management styles of EMPLOYEE and CITY or City Manager" or "change in administration of CITY," CITY will not provide a severance payment to EMPLOYEE.
5.3 Termination Obligation. EMPLOYEE agrees that all property, including without limitation, all equipment, tangible, Proprietary Information (as defined below), documents, records, notes, contracts, and computer -generated materials furnished to or prepared by EMPLOYEE incident to EMPLOYEE'S employment are the property of CITY and shall be returned promptly to CITY upon termination of EMPLOYEE's employment. EMPLOYEE's obligations under this subsection shall survive the termination of EMPLOYEE'S employment and the expiration or early termination of this Agreement.
5.4 Benefits Upon Termination. A11 benefits to which EMPLOYEE is entitled under this Agreement shall cease upon EMPLOYEE's termination in accordance with this Section 5 (Termination), unless expressly continued under this Agreement, under any specific written policy or benefit plan applicable to 7
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EMPLOYEE, under any other agreement for the continued provision of benefits, or unless otherwise required by law.
6. CONFLICT OF INTEREST. EMPLOYEE shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of CITY, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of the City Manager and City Council. EMPLOYEE shall also be subject to the conflict of interest provisions of the Government Code of the State of California, the CITY's Municipal Code, and any other conflict of interest regulations applicable to EMPLOYEE's employment with CITY. For and during the Term of this Agreement and any extension term, EMPLOYEE further agrees that except for a personal residence or residential property acquired or held for future use as EMPLOYEE'S personal residence, EMPLOYEE will not invest in any other real estate or property improvements within the corporate limits of CITY without the prior consent of the City Manager and City Council.
7. ARBITRATION OF DISPUTES.
Any claim, dispute, or controversy which would otherwise require or allow resort to any court or other governmental dispute resolution forum between EMPLOYEE and CITY arising from, related to, or having any relationship or connection whatsoever with Employees employment or the terms of this Agreement, whether based on tort, contract, statutory, or equitable law, or otherwise, shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act (Cal.
Code Civ. Proc. sec 1280 et seq.), including section 1283.05 and all of the Acts other mandatory and permissive rights to discovery); provided, however, that: in addition to requirements imposed by law, any arbitrator herein shall be a retired California Superior Court Judge and shall be subject to disqualification on the same grounds as would apply to a judge of such court. If for any reason the Parties cannot agree to an arbitrator, either Party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator. The court shall then appoint an arbitrator, who shall act under this agreement with the same force and effect as if the Parties had selected the arbitrator by mutual agreement.
The arbitrator shall then prescribe the rules and procedures for the arbitration process in accordance with laws that are applicable to the claim being raised. EMPLOYEE understands that by agreeing to this binding arbitration provision. both CITY and EMPLOYEE give up their right to a trial by jury.
8. GENERAL PROVISIONS.
8.1 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below or at the last known address maintained in EMPLOYEE personnel file. EMPLOYEE agrees to notify CITY in writing of any change in EMPLOYEE'S address during EMPLOYEE'S employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.
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CITY's Notice Address:
City of Beaumont
550 East Sixth Street
Beaumont, CA 92223
CHIEF OF POLICE's Notice Address:
Christoper Ramos
(Last listed address in employee's personnel file)
8.2 Bonding. CITY shall bear the full cost of any fidelity or other bonds required of the COMMUNITY SERVICES DIRECTOR to perform his duties under any laws or ordinance.
8.3 Entire Agreement. This Agreement is intended to be the final, complete, and exclusive statement of the terms of EMPLOYEE's employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of EMPLOYEE, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to EMPLOYEE and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. However, as noted in Section 2.7 above, EMPLOYEE shall be eligible to participate in any other CITY programs/employment benefits to the extent they are offered to non -represented CITY employees.
8.4 Amendments. Except as otherwise provided herein, this Agreement may not be amended except in a written document signed by EMPLOYEE, approved by the City Manager and signed by the City Attorney.
8.5 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.
8.6 Assignment. EMPLOYEE shall not assign any rights or obligations under this Agreement. CITY may, upon prior written notice to EMPLOYEE, assign its rights and obligations hereunder.
8.7 Severability. If any court of competent jurisdiction holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
8.8 Governing Law. This Agreement is entered into and is to be performed in Riverside County, California and shall be governed by and construed in accordance with the controlling laws 9
of the State of California or federal law, whichever is applicable, and the Parties agree that venue shall be in Riverside County, California.
8.9 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit or against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement.
8.10 Statutory Obligations
(a) Abuse of Office or Position. Pursuant to California Government Code Sections 53243, 53243.1 and 53243.2, if EMPLOYEE is convicted of a crime involving an abuse of EMPLOYEE'S office or position, all of the following shall apply: (1) if EMPLOYEE is provided with an administrative leave pay pending an investigation, EMPLOYEE shall be required to fully reimburse such amounts paid by CITY; (2) if CITY pays for the criminal legal defense of EMPLOYEE (which would be in its sole discretion, as CITY is generally not obligated to pay for a criminal defense), EMPLOYEE shall be required to fully reimburse such amounts paid by CITY; and (3) if this Agreement is terminated, any cash settlement related to the termination of EMPLOYEE by CITY, said amount shall be fully reimbursed to CITY or shall be void if not yet paid to EMPLOYEE. For this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under the color of authority; or (2) a crime against public justice, including a crime described in Title 7 commencing with section 92 of the California Penal Code.
(b) Maximum Cash Settlement Upon Termination of Agreement. Pursuant to California Government Code Sections 53260 and 53261, regardless of the term of this Agreement, if the Agreement is terminated and a dispute arises regarding the termination, the maximum cash settlement that EMPLOYEE may receive shall be equal to the monthly salary of EMPLOYEE multiplied by eighteen and shall not include any other noncash items except health benefits, which may be continued for the same duration of time (18 months) or until employee finds other employment, whichever occurs first.
8.11 Incorporation of Recitals. The Parties repeat and incorporate the recitals set forth above as if fully set forth herein.
8.12 Acknowledgment. EMPLOYEE acknowledges that EMPLOYEE has had the opportunity to consult legal counsel in regard to this Agreement, that EMPLOYEE has read and understands this Agreement, that EMPLOYEE is fully aware of its legal effect, and that EMPLOYEE has entered into it freely and voluntarily and based on EMPLOYEE'S own judgment and not on any representations or promises other than those contained in this Agreement.
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"CITY" "EMPLOYEE"
CITY OF BEAUMONT Christopher Ramos
By:
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Elizabeth Gibbs, City Manager
ATTEST:
By:
Elaine Morgan, City Clerk
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Exhibit "A"
Chief of Police Job Description
SUMMARY DESCRIPTION
Under general administrative direction of the City Manager, plans, directs, manages, and oversees the activities and operations of the Police Department including law enforcement, crime suppression, and crime prevention; coordinates assigned activities with other departments and outside agencies; and provides highly responsible and complex administrative support to the City Manager.
REPRESENTATIVE DUTIES The following duties are typical for this classification.
Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Assumes full management responsibility for all Police Department services and activities including law enforcement, crime suppression, and crime prevention.
2. Manages the development and implementation of departmental goals, objectives, and priorities for each assigned service area; recommends and administers policies and procedures.
3. Establishes, within City policy, appropriate service and staffing levels; monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; allocates resources accordingly.
4. Assesses and monitors work load, administrative and support systems, and internal reporting relationships; identifies opportunities for improvement; directs and implements changes.
5. Plans, directs, and coordinates, through subordinate level staff, the Police Department's work plan; assigns projects and programmatic areas of responsibility; reviews and evaluates work methods and procedures; meets with key staff to identify and resolve problems.
6. Selects, trains, motivates, and evaluates assigned personnel; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline and termination procedures.
7. Oversees and participates in the development and administration of the department budget; approves the forecast of funds needed for staffing, equipment, materials, and supplies; approves expenditures and implements budgetary adjustments as appropriate and necessary.
8. Informs and updates the City Manager regarding the status of ongoing activities, projects, and investigations.
Exhibit "A"
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9. Reviews reports and cases assigned to department personnel to ensure quality and completeness of work.
10. Provides staff assistance to the City Manager; prepares and presents staff reports and other necessary correspondence.
11. Represents the Police Department to other departments, elected officials, and outside agencies; coordinates assigned activities with those of other departments and outside agencies and organizations.
12. Explains, justifies, and defends department programs, policies, and activities; negotiates and resolves sensitive and controversial issues.
13. Participates on a variety of boards, commissions, and committees.
14. Attends and participates in professional group meetings; maintains awareness of new trends and developments in the field of public safety; incorporates new developments as appropriate.
15. Responds to, investigates and resolves difficult and sensitive citizen and employee inquiries and complaints; coordinates personnel conducting internal investigations as required.
16. Performs community -based policing, familiarization between law enforcement and community residents, and collaborative problem solving.
17. Performs related duties, as assigned.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
Operations, services and activities of a comprehensive municipal law enforcement program.
Principles and practices of program development and administration.
Principles and practices of law enforcement administration, organization, and management.
Law enforcement theory, principles, and practices and their application to a wide variety of services and programs.
Methods and techniques used in providing the full range of law enforcement and crime prevention services and activities including investigation and identification, patrol, traffic control, juvenile programs, records management, search and seizure, care and custody of persons and property, and crime prevention.
Care, maintenance, and operation of firearms and other modern police equipment.
Methods and techniques of public relations.
Pertinent federal, state, and local laws, codes, and regulations.
Recent court decisions and how they affect department operations.
Principles and practices of municipal budget preparation and administration.
Principles of supervision, training, and performance evaluation.
Functions and objectives of federal, state, and local law enforcement agencies.
Exhibit "A"
Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.
Occupational hazards and standard safety practices.
Ability to:
Manage and direct a comprehensive law enforcement program.
Develop and administer departmental goals, objectives, and procedures.
Analyze and assess programs, policies, and operational needs and make appropriate adjustments.
Identify and respond to sensitive community and organizational issues, concerns, and needs.
Plan, organize, direct, and coordinate the work of lower level staff Interpret, apply, and make decisions in accordance with applicable federal, state, and local policies, laws, and regulations.
Analyze complex law enforcement issues, evaluate alternatives, and implement sound solutions.
Make adjustments to standard operating procedures as necessary to improve organizational effectiveness.
Delegate authority and responsibility.
Select, supervise, train, and evaluate staff.
Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.
Research, analyze, and evaluate new service delivery methods and techniques.
Prepare clear and concise administrative and financial reports.
Prepare and administer large and complex budgets.
Effectively present information and respond to questions from groups of managers, customers, and the general public.
Meet standards for physical endurance, agility, health and vision.
Act quickly and calmly in emergency situations.
Facilitate group participation and consensus building.
Effectively use and qualify with law enforcement tools and weapons including firearms, batons, defensive tactics, and other safety equipment.
Operate specialized law enforcement equipment including specialized police vehicles, radios, video systems, and radars.
Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Exhibit "A"
C-
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
A Bachelor's degree from an accredited college or university with major course work in criminology, criminal justice, police science, business administration, public administration, or related field. Masters degree is highly desirable.
Experience:
Fifteen years of increasingly responsible law enforcement experience in all major phases of police work including five years of management and administrative responsibility.
License or Certificate:
Must possess and maintain P.O.S.T. Basic Certificate.
Possession of a valid driver's license.
Possession of, or ability to obtain a P.O.S.T. Executive Certificate within two years of employment.
PHYSICAL, MENTAL, AND ENVIRONMENTAL REQUIREMENTS: The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions:
• Work indoors and outdoors in all types of weather and environmental conditions. • May come in contact with bio-hazardous materials and waste, second hand smoke, narcotics and individuals with contagious diseases.
• May be shot, stabbed, bitten, kicked and/or hit by persons of various objects. • Must have the ability to walk, stand, run, stop, crouch, crawl, carry equipment, grasp objects, sit for long periods and shoot a firearm.
• Must be found to be free from any physical, emotional or mental conditions, as determined by a qualified physician and/or psychologist which with or without accommodation might affect the ability to perform essential job functions determined by the City of Beaumont and the mandates of the California Commission on Peace Officer Standards and Training (POST).
This classification is not intended to be all-inclusive. An employee may be required to perform other reasonable duties as assigned by management. The City reserves the right, with the concurrence of the department head, to revise or change classification duties and responsibilities as the need arises and as consistent with the meet and confer process.
Exhibit "A"
c?
BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Water Reclamation
DATE July 15, 2025
SUBJECT: Discussion and Direction on a Proposed Recycled Water Reuse Strategy Description Strategic Plan Target 4 — Finances/Resources — Goal 4.1 Obtain a Recycled Water Permit to enhance water sustainability, support long-term resource management, and ensure a reliable environmentally responsible water supply for the community.
Background and Analysis:
On March 8, 2023, the City entered into a professional services agreement with Dopudja & Wells Consulting to provide support for implementing outside sales and the reuse of recycled water.
The City has considered multiple options for the reuse of the recycled water produced at its wastewater treatment plant. A series of internal meetings, recycled subcommittee meetings, and "2x2x2" meetings, both with and without staff, have been held with the goal of formulating a cohesive recycled water policy. Dopudja & Wells has served as an advisor to the City and as a facilitator amongst local agencies.
On April 30, 2025, Dopudja & Wells held a "whiteboarding" session to address key challenges in determining a suitable end use for the City's recycled water and to develop a strategy for the successful deployment of recycled water in the region.
Representatives from the Beaumont Cherry Valley Water District (BCVWD), San Gorgonio Pass Water Agency (PASS), and the City participated in the session and provided feedback. It was recognized that the City and BCVWD have significant investments in advancing recycled water deployment, and PASS supports regional stability and resilience through reuse.
Ultimately, the concept of a hybrid solution emerged: BCVWD utilizing recycled water in its "purple pipe" system according to demand, with any excess recycled water used for groundwater recharge through a partnership involving the City, BCVWD, and the PASS agency.
The next steps in pursuing a hybrid end -use strategy are to identify potential sites for groundwater recharge using recycled water and to develop a tiered pricing structure for recycled water used in non -potable systems and for groundwater recharge. PASS has reached out and indicated that they would entertain a partnership with the City for the siting study and potentially shared recharge resources.
Fiscal Impact:
The estimated cost to prepare this report is $750.
Recommended Action:
Direct staff to pursue a hybrid recycled water strategy, work with the San Gorgonio Pass Water Agency on a financial partnership for a siting study, and develop a tiered pricing structure with BCVWD for the sale of recycled water as part of the ongoing negotiation matrix.
Attachments:
A. Dopudja & Wells Presentation
.r Recycled Water Decision Points
City of Beaumont City Council Meeting
July 15
2025
Dopudja & Wells
c o n s u l t i n
BEAUMONT
CALIFORNIA
Agenda
1. Results of BCVWD/Pass Agency/City Whiteboarding Session
2. Required Decisions
3. Next Steps
4. Discussions and Questions
BEAUMONT
-CALIFORNIA-
Results of BCVWD/Pass Agency/City Whiteboarding Session
1. Agency Drivers
a) City: Has invested $100m into producing recycled water. Focused on maximizing the beneficial use of this recycled water and of the investment.
b) BCVWD: Has invested $40m into the non -potable water distribution system, and will spend "$1m annually in operational costs to operate the non -potable system. BCVWD needs a detailed program to be developed to see returns from these investments. c) Pass Agency: Recycled water needs to be put to beneficial use so that imported water can be used more than once. Use of recycled water is important regionally for resilience and for regulatory reporting that supports investment in imported water facilities for the region and for all of Southern California.
BEAUMONT
-CALIFORNIA-
Results of BCVWD/Pass Agency/City Whiteboarding Session
2. Critical Outcomes From Session
a) "Hybrid" solution.
b) BCVWD supports using its non -potable water distribution system to move recycled water to a potential recharge point in a hybrid scenario.
c) The Pass Agency is supportive of recharging the groundwater basin but has to be very protective of existing recharge locations.
d) The Pass Agency indicated partnership in groundwater recharge is a realistic possibility. e) Identification of potential recharge locations for the hybrid solution will be complex and will require study:
i. The City's WWTP is a potential location. However, its location at the boundary of the Beaumont Basin/San Timoteo basin and the underlying hydrogeology may exclude this location.
ii. The Pass Agency and BCVWD do not want to introduce recycled water to existing recharge basins, or in close proximity to existing recharge basins, because of regulatory concerns. iii. Areas to the north/northwest of the City's WWTP show potential promise because of their location in the Beaumont Basin, and because of the availability of open land for a recharge basin in several locations. However, potential future well sites have been identified in this area as well, complicating travel time requirements.
BEAUMONT
-CALIFORNIA-
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Required Decisions
a) Does the City want to shift focus to a hybrid solution for Recycled Water beneficial use?
b) Does the City want to propose a partnership with Pass Agency to complete a detailed Recharge Siting Report?
c) Will the City consider a two-tier price on Recycled Water to support a hybrid solution:
i. A lower price for water to be used in the BCVWD non - potable distribution system.
ii. A higher price (right below Pass Agency price) for
recharged water that is pumped out as groundwater.
BEAUMONT
-CALIFORNIA-
Next Steps and Timing
1. If approved, reach out to Pass Agency on partnership for siting study and potentially shared recharge resources. This process could start with a Memorandum of Understanding (MOU).
2. If approved, develop two-tier price structure for response to BCVWD in negotiation matrix.
BEAUMONT
-CALIFORNIA-
Discussions and Questions
BEAUMONT
-CALIFORNIA-
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c o n s u l t i n g
www.dopudjawells.com
BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE July 15, 2025
SUBJECT: Approval of Agreement with Stradling Yocca Carlson & Rauth for Bond Counsel Services
Description Consider approving a professional services agreement with Stradling Yocca Carlson & Rauth to serve as bond counsel for the City of Beaumont. Bond counsel services include the preparation and legal validation of bond documents, issuance opinions, tax law compliance, and other legal services related to the issuance of municipal debt. The firm will be engaged on an as -needed basis to support various City financing efforts, including community facilities districts, enterprise fund bonds, lease revenue bonds, and refundings.
Background and Analysis:
The City periodically requires bond counsel services to support the issuance of municipal debt and related compliance activities. These services are essential for ensuring the City's financings comply with applicable federal and state laws and for providing legal guidance in the development of bond documents and disclosure materials.
To identify the most qualified firm, the City issued a Request for Proposals (RFP) for Bond Counsel Services. A total of three firms submitted proposals:
• Best Best & Krieger LLP
• Hawkins Delafield & Wood LLP
• Stradling Yocca Carlson & Rauth
Proposals were evaluated based on criteria including firm qualifications and experience, key personnel, ability to meet the City's needs, compensation, and responsiveness.
Stradling Yocca Carlson & Rauth received the highest overall score based on their depth of experience, competitive pricing, and strong qualifications. The firm has extensive municipal bond counsel experience across California and demonstrates a clear understanding of the City's legal and financial structure. Notably, their prior work
with the City of Beaumont provides them with valuable institutional knowledge and efficiency in service delivery.
The term of the agreement is for five years with two one-year renewals as allowable per the Beaumont Municipal Code 3.02.070.
Fiscal Impact:
The cost of bond counsel services will be paid from bond proceeds or project -related funding sources as part of each individual financing transaction. There is no direct impact to the General Fund.
The estimated cost to prepare this report is $260.
Recommended Action:
Approve engagement with Stradling Yocca Carlson & Rauth for as -needed bond counsel services for the period of July 15, 2025, to June 30, 2030, with compensation based on actual services rendered in accordance with the terms and rates established in the agreement; and authorize the City Manager to execute the agreement and any related documents.
Attachments:
A. Stradling Yocca Carlson & Rauth Engagement Letter
B. California Levine Act Statement
C. Bond Counsel Evaluation Summary
D. RFP for Bond Counsel Services
Stradling
50 9�
Brian P. Forbath
949 725 4193
[email protected]
July 3, 2025
Elizabeth Gibbs
City Manager
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Dear Ms. Gibbs:
Stradling Yocca Carlson & Rauth LLP
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660-6422
949 725 4000
stradlinglaw.com
We thank you for the opportunity to continue our relationship with the City of Beaumont (the "City") and the opportunity to continue serving as bond and disclosure counsel to the City. Unless otherwise confirmed in writing, the terms of this letter and the enclosed Terms of Retention will govern our representation of the City.
We are attaching our normal Terms of Retention, which is an integral part of our retention agreement. If this letter, including the attached Terms of Retention, accurately reflects your understanding of our relationship, please acknowledge your approval and acceptance of these terms by signing and returning this letter to me. I would be pleased to answer any questions you might have.
Enclosure
Very truly yours,
STRADLING YOCCA CARLSON & RAUTH LLP
Brian P. Forbath
4923-9213-6274/022599-0000
Elizabeth Gibbs, City Manager
City of Beaumont
July 3, 2025
The undersigned hereby agrees that the terms and conditions in this letter and the accompanying attached Terms of Retention shall apply to services rendered by Stradling Yocca Carlson & Rauth LLP.
CITY OF BEAUMONT
By:
City Manager
4923-9213-6274/022599-0000
TERMS OF RETENTION
OF
STRADLING YOCCA CARLSON & RAUTH LLP
1. Fees and Costs. Stradling Yocca Carlson & Rauth LLP (the "Firm") is compensated for its services based primarily on the value of the services and the time spent performing them.
Such compensation may include the time spent on client conferences, travel, research, drafting documents, and other activities. The amount of fees charged on a statement is determined by the hours expended by the different attorneys and other professional personnel involved and the applicable rates.
Bond and Disclosure counsel services in connection with the issuance of the Wastewater Bonds will be done on a fixed fee contingent basis for a fixed fee of $85,000. Such fee will be paid contingent on the successful closing of the Wastewater Bonds. All other Bond and Disclosure Counsel fees in connection with the issuance of Bonds shall be paid on a contingent basis (unless otherwise agreed to by the payees) as set forth in Exhibit A hereto. Bond and Disclosure Counsel services with respect to the CFD Pooled Refundings will be done on a fixed fee contingent basis.
Due to the uncertainty as to the number of CFD's to be included in the CFD Pooled Financings to be issued only a range of fees can be given at this time. We would propose a range of fees from $75,000 to $250,000. The exact fee(s) will be agreed to by the parties pursuant to a supplement to the Master Engagement Letter when the proposed structure of the CFD Refundings is known. Work in connection with the City's ongoing matters including CFD formations and general advice outside of a specific bond issue will be charged on an hourly rate basis. A schedule of the hourly rates applicable to attorneys expected to work on City matters is attached as Exhibit B.
The firm also charges for various costs such as copying, telephone charges, computerized legal research, word processing and/or other computer time, overtime costs, messenger services, travel, filing fees and other costs. Bills for some costs are passed on directly, such as bills for certified shorthand reporters, tecanical consultants, and other professional fees.
2. Termination by Us. We reserve the absolute right to withdraw from representing you, upon 30 days written notification, if, among other things, you fail to honor the terms of our agreement, you fail to cooperate fully or follow our advice on a material matter, or any fact or circumstance occurs that would, in our view, render our continuing representation unlawful or unethical. If we elect to withdraw, you will take all steps necessary to free us of any obligation to perform further services, including the execution of any documents necessary to complete our withdrawal, and we will be entitled to be paid at the time of withdrawal for all services rendered and costs and expenses paid or incurred on your behalf. If necessary in connection with litigation, we would request leave of court to withdraw.
3. Termination by City. We understand that we serve at the pleasure of the City and this Terms of Retention may be terminated by the City at any time, upon 10 days written notification with or without cause.
4923-9213-6274/022599-0000
Elizabeth Gibbs, City Manager
City of Beaumont
July 3, 2025
4. Date of Termination. Our representation of you will be considered terminated at the earlier of (i) your termination of our representation, (ii) our withdrawal from our representation of you, or (iii) the completion of our substantive work for you or (iv) June 30, 2030.
5. Related Activities. If any claim or action is brought against us or any personnel or agents of the firm based on your negligence or misconduct, or if we are asked to testify as a result of our representation of you or must defend the confidentiality of your communications in any proceeding, you agree to pay us for any resulting fees, costs, or damages, including our time, even if our representation of you has ended.
6. No Guarantee of Outcome. The Firm will provide its services consistent with the level and quality of expertise expected of a nationally recognized firm specializing in securities law and the transactions contemplated by this agreement. We do not and cannot guarantee any outcome in a matter.
7. Insurance. We hereby advise you that this firm maintains professional errors and omissions insurance coverage applicable to the services to be rendered to you. Evidence of such insurance will be provided upon request.
8. Client. This firm's client for the purpose of our representation is only the person or entity identified in the letter accompanying these Terms of Retention. Unless expressly agreed, we are not undertaking the representation of any related or affiliated person or entity, nor any parent, brother -sister, subsidiary, or affiliated corporation or entity, nor any of your or their officers, directors, agents, or employees. The City acknowledges that from time to time the Firm may advise the Marina Joint Powers Financing Authority on financing transactions and related matters.
9. Client File and Retention. For each matter the Firm maintains a file in which the Firm places certain documents and items, including original documents, that are reasonably necessary to the Firm's representation in the matter. The Firm currently keeps each file for seven years after a matter concludes. The file belongs to the client and, subject to any protective order or non -disclosure agreement, the client may request to take possession of it once the matter concludes.
Should all or any portion of the file become the subject of a subpoena, discovery request or other disclosure obligation ("Legal Process") while in the Firm's possession, including after the matter concludes, you agree to pay the Firm's then -prevailing hourly rates and costs that the Firm incurs in connection with the Legal Process.
10. Payment Notwithstanding Dispute. In the event of any dispute that relates to our entitlement to any payment from you, all undisputed amounts shall be paid by you. Any amounts in any client trust account held on your behalf, sufficient to pay the disputed amounts, shall continue to be held in such trust account until the final disposition of the dispute.
11. Arbitration. We appreciate the opportunity to serve as your attorneys and anticipate a productive and harmonious relationship. If you should feel for any reason that there is a problem with the services we have performed or with our charges, we encourage you to bring that to our 4923-9213-6274/022599-0000
Elizabeth Gibbs, City Manager
City of Beaumont
July 3, 2025
attention immediately. If we perceive a problem with your representation, we likewise will endeavor to discuss it with you. Most problems should be rectified by communication and discussion.
However, a dispute might arise between us which could not be resolved by negotiation. We believe that such attorney -client disputes are most satisfactorily resolved through final and binding arbitration rather than by litigation. Both the United States Supreme Court and the California Supreme Court have endorsed arbitration as an accepted and favored method of resolving disputes, because it is economical and expeditious.
In arbitration, there is no right to a trial by jury and the arbitrator's legal and factual determinations are generally not subject to appellate review. Arbitration rules of evidence and procedure are often less formal and less rigid than the rules which apply in Court. Arbitration usually results in a decision much more quickly than proceedings in Court, and the attorneys' fees and other costs incurred by both sides may be substantially less. You are free to discuss the advisability of arbitration with us, or with your own independent counsel or any of your other advisors, and to ask any questions which you may have.
By signing this Terms of Retention, we agree that, in the event of any dispute or claim arising out of or relating to our engagement, our relationship, our charges, or our services (including but not limited to disputes or claims regarding our charges, professional malpractice, errors or omissions, breach of contract, breach of fiduciary duty, fraud, or violation of any statute), SUCH DISPUTE OR
CLAIM SHALL BE RESOLVED BY SUBMISSION TO FINAL AND BINDING ARBITRATION IN RIVERSIDE COUNTY, CALIFORNIA, BEFORE A RETIRED JUDGE OR JUSTICE. BY
AGREEING TO ARBITRATE, YOU WAIVE ANY RIGHT YOU HAVE TO A COURT OR JURY TRIAL. Venue with regard to any ancillary proceedings arising out of such dispute or claim shall also be in Riverside County. If we are unable to mutually agree on a retired judge or justice, then each side will name one retired judge or justice and the two named persons will select a neutral judge or justice who will act as the sole arbitrator. The fees of the arbitrator will be paid initially equally by both the Firm and you. However, the arbitrator shall have the right to order either party to pay all fees and costs as part of his award.
In arbitration, we shall both be entitled to conduct discovery in accordance with the provisions of the California Code of Civil Procedure, but either of us may request that the arbitrator limit the amount or scope of such discovery and, in determining whether to do so, the arbitrator shall balance the need for the discovery against the parties' mutual desire to resolve disputes expeditiously and inexpensively.
Under California law, you have the right, if you desire, to request arbitration of any fee dispute before an arbitrator or panel of arbitrators selected by a local bar association or the State Bar ("Bar Arbitration") and a trial de novo in court if dissatisfied with the result. If you do request a Bar Arbitration, the law provides that evidence of any claim of malpractice or professional misconduct is admissible only concerning the fees or costs in dispute and that the Bar Arbitrators shall not award any affirmative relief in the form of damages, offset or otherwise on account of such claim. By signing this Terms of Retention, you agree that if a Bar Arbitration is conducted, that Bar Arbitration 4923-9213-6274/022599-0000
Elizabeth Gibbs, City Manager
City of Beaumont
July 3, 2025
or any trial de novo in Court thereafter shall determine only the issue of the amount of fees properly chargeable to you, if any, and that such Bar Arbitration or trial de novo in Court thereafter shall have no effect on the provisions set forth above which require arbitration before a retired judge or justice of any claims for affirmative relief based on alleged professional malpractice, errors or omissions, breach of conduct, breach of fiduciary duty, fraud or violation of any statute. Any such claims shall be solely determined in an arbitration proceeding by a retired judge or justice without regard to the result of any Bar Arbitration or trial de novo thereafter.
12. Other Clients. As a law firm with many diverse clients and practice areas, the Firm seeks to retain the ability to accept unrelated matters for all of our clients. The Firm may thus request your informed written consent in the event the Firm seeks to represent any other client in any future matter that is not substantially related to the applicable public finance matter of the City and does not involve material confidential information the Firm obtained while representing the City.
Such matters could arise during the Firm's representation of you on public finance matters as contemplated by this letter. You may determine to consent or not consent to such request and should feel free to consult your general counsel or other counsel of your choice before deciding whether to grant any consent should it be requested.
The Firm represents various investment banks and underwriters from time -to -time on transactions for public agencies other than the City. In the event that the City determines to issue bonds, notes or other obligations, the Firm will not represent any investment bank or underwriter on any such transaction of the City.
The Firm represents various public agencies, including cities, water agencies, school districts, and other agencies in Riverside County and throughout California, as bond finance and/or disclosure counsel and on other financing matters. In the event that the City determines to issue bonds, notes or other obligations, the Firm does not expect to represent any such agency in connection with the City's transaction; however, in the supplemental letter relating to the specific transaction of the City, the Firm would provide a statement to the effect that the Firm is not representing another water or similar agency in connection with such transaction.
13. Electronic Communication and Storage Technology. The Firm uses cell phones, email, wireless networks, cloud -based platforms, and other technology to communicate with others and to transmit or store documents and information. Such technology helps the Firm provide efficient and convenient legal services, but may pose confidentiality and security risks. By signing this letter agreement, you consent to the Firm's use of all such technology in connection with this engagement.
14. Processing Client Personal Information. In connection with our engagement, you may be required to disclose to the Firm, or the Firm may obtain on your behalf, personal information relating to individuals that the Firm does not otherwise collect for the Firm's own commercial or business purposes ("Client Personal Information"). For example, materials that you provide to the Firm for purposes of due diligence may contain Client Personal Information relating to third parties. You hereby acknowledge, agree and require that the Firm only collect, retain, use, disclose, 4923-9213-6274/022599-0000
Elizabeth Gibbs, City Manager
City of Beaumont
July 3, 2025
or otherwise process Client Personal Information as your "service provider" or "data processor," as defined in the California Consumer Privacy Act of 2018 or other data privacy laws, as applicable (collectively, "Data Privacy Laws"), or pursuant to any exception that may apply under Data Privacy Laws regarding the attorney -client relationship. The Firm will not sell Client Personal Information. The Firm will not collect, retain, use, disclose or otherwise process Client Personal Information for any purpose other than for the purpose of performing services to you pursuant to this engagement letter, unless applicable law requires us to do otherwise. The Firm will not collect, retain, use, disclose, or otherwise process Client Personal Information outside of the Firm's direct relationship with you, unless applicable law requires the Firm to do otherwise. The Firm certifies that the Firm understand these restrictions and will comply with them. These restrictions are not intended to reduce or replace our obligations under applicable rules of professional conduct, including but not limited to the Firm's obligation of confidentiality.
15. Publicity. You consent to the Firm's use of your name and logo (if applicable) on our web site and in our marketing materials.
16. Client Communication. You hereby designate Elizabeth Gibbs, City Manager, to act on your behalf for this matter, and you authorize us to communicate with, and receive directions from, that person and any other person that you may designate in the future.
17. City to Sign. The person signing this letter on behalf of the City represents that he or she has the full right and authority to do so, and to fully commit and bind the City to this engagement letter.
18. Firm Not Providing Financial Advice. The Firm is not a registered municipal advisor and does not provide financial advisory services or otherwise provide financial advice to Firm clients.
19. Miscellaneous. This letter sets forth the entire agreement between you and the Firm, and there is no other or additional understanding between you and the Firm on these subjects. This agreement supersedes any prior agreements or representations, written or oral, between you and the Firm on these subjects. Any modification or amendment to this agreement must be in a writing signed by you and the Firm. This agreement shall be governed by California law without reference to its conflict of law principles. If any provision of this agreement is found to be invalid or unenforceable, that provision shall be deemed modified or removed so that it is valid and enforceable to the fullest extent of the law, and the other provisions of this agreement shall be unimpaired.
20. Primary Attorneys. The primary attorneys with responsibility for this representation will be Brian Forbath, Reed Glyer, Carol Lew and Nicolas Yeager. The parties agree that the Firm is being retained based on the unique skill, experience, and expertise of Brian Forbath, Reed Glyer, Carol Lew and Nicolas Yeager and no change will be made in the primary attorneys without the prior, written consent of the City. The Firm will not substitute another primary attorney without the prior, reasonable, approval of the City.
4923-9213-6274/022599-0000
EXHIBIT A
FEE SCHEDULE
TYPE OF BOND
PRINCIPAL
AMOUNT
BOND/DISCLOSURE
COUNSEL FEE
Mello -Roos (New Money)
Any
$85,000
Mello- Roos (Refunding of single CFD)
Any
$70,000
Water/Wastewater
Any
$ 80,000
General Obligation
Any
$65,000
Special District General Obligation
Any
N/A
Assessment District
Any
$55,000
General Fund Lease (Public)
Any
$80,000
General Fund Lease (Private Placement)
Any
$45,000
4923-9213-6274/022599-0000
EXHIBIT B
2025 DISCOUNTED HOURLY RATES
PARTNERS
BRIAN FORBATH
CAROL LEW
REED GLYER
OTHERS
ASSOCIATES
SENIOR ASSOCIATES
JUNIOR ASSOCIATES
PARALEGALS
ALL
2025 RATE
$690.00
$690.00
$630.00
$630.00
2025 RATE
$450.00
$390.00
2025 RATE
$195.00
4923-9213-6274/022599-0000
BEAUMONT
-CALIFORNIA-
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision from the business/board or applicant.
The Levine Act also requires a member of the Beaumont City Council who has received such a contribution to disclose the contribution on the record of the proceeding.
Current Beaumont City Council Members are listed at:
https://www.beaumontca.gov/29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following questions.
1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $500 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action? YES If yes, please identify the Council Member(s):
NO
2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Beaumont City Council Member in the 12 months following any Council action related to your proposal or application?
YES If yes, please identify the Council Member(s):
)(NO
Answering yes to either of the two questions above does not preclude the Beaumont City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.
717 (2_
Date
Signature of authorized individual
Company/Applicant Name
City of Beaumont 1550 E. 6th Street, Beaumont, CA 92223 I (951) 769-8520 I BeaumontCA.gov
BBK
Hawkins
Stradling
FIRM QUALIFICATIONS AND
EXPERIENCE; FIRM
RESOURCES
27 28
30 KEY PERSONNEL
QUALIFICATIONS AND
EXPERIENCE
18 17
20 ABILITY TO MEET THE
CITY'S REQUIREMENTS COMPENSATION RESPONSIVENESS TOTAL
30 7 4 86
31 8 4 88
35 8 5 98
Website:
www.beaumontca.gov
BEAUMONT
CALIFORNIA -
Request for Proposals
For
Bond Counsel Services
Address:
550 E. 6th Street
Beaumont, CA 92223
Phone:
951.769.8520
ITEM
DUE DATE
RFP posted
05/15/25
Questions due
05/30/25 3:00 pm PST
Answers posted
06/06/25
Proposals due
06/13/25 12:00 pm PST
Contact:
Raveena Chara, Procurement Contract Specialist
550 E. 6th Street - Beaumont, California 92223
[email protected]
RFP Available
Planet Bids Portal at
https://vendors.planetbids.com/portal/66785/bo/bo-search
Table of Contents
Request for Proposal
Introduction 2
Background 2
City of Beaumont Rights and Options 2
Conflict of Interest 4
Scope of Services 5
Proposal Requirements 8
Response Submittal 12
Project Schedule 14
Information for Respondents 14
Amendments to RFP 15
Anticipated Contract Terms .15
Proposal Evaluation/Selection 17
Bond Counsel Services
Introduction
The City of Beaumont seeks outside bond counsel services to assist the City of Beaumont on all items of financing necessary to the City's operations including, but not limited to, general obligation, street and highway, sewer revenue, community facilities district, and improvement district bonds; and any other bond or financing transactions that the City may be a party to, and other related financial services, as requested by the City.
The consultant is encouraged to read the Solicitation documents very carefully, as the City shall not be responsible for errors and omissions on the part of the Consultant. The Consultant is also encouraged to carefully review their final submittal documents, as the Evaluation Committee is not required to make interpretations or correct detected errors in calculations.
Consultant shall familiarize themselves with the nature and extent of the solicitation and contract documents, work to be performed, all local conditions, and federal, and state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work.
All services provided by the Consultant shall be performed by individuals who meet the qualifications, education, and certification/licensing requirements for the position. The successful Consultant shall also have the resources to provide cost-effective and timely services, including providing customer service to the CITY.
Qualified firms that submit a proposal will be evaluated in accordance with the requirements defined within this 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.
Background
The City of Beaumont is a general law city incorporated in 1912 currently serving a population of approximately 57,000, located in Western Riverside County. The City operates under a council- manager format of government which consists of a Mayor, Mayor Pro-Tem, three Councilmembers and the City Manager. The positions of Mayor and Mayor Pro-Tem are rotated among the elected Councilmembers. A City Clerk and Treasurer are elected positions, each for a four-year term.
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 trustees may be required to submit revisions to their proposals. The City may reject any proposal that does not conform to the instructions provided
Bond Counsel Services
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.
The City of Beaumont reserves the right to reject any or all responses, to waive any informality in any responses, and to select the vendor that best meets the City's needs.
There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.) unless exempt. Any language purporting to render the entire proposal confidential or proprietary will be ineffective and will be disregarded.
All property rights, including publication rights of all reports produced by respondents in connection with services performed under this agreement will be vested in the City. In addition, respondents will not publish or release any of the results of its examination without the express written permission of the City.
Responses must be submitted no later than the date and time stated on this RFP. Responses shall be reviewed and rated as set forth in the Selection Process section of this RFP. The City will then determine which firm best meets the City's requirements.
During the evaluation process, the City reserves the right (where it may serve the City's best interest) to request additional information or clarification from respondents. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.
The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this Request for Proposals, unless clearly and specifically noted in the proposal as submitted and confirmed in the contract between the City and the firm selected.
The City reserves the right to negotiate final pricing with the most qualified firm. The City may invite selected firms to meet with the evaluation team on or around the week of February 10, 2025, at no additional cost to the City.
A Standard and Customary Legal Services Engagement Agreement For Municipal Bond Counsel Services will be negotiated with the successful law firm. Upon award of the contract, it is expected that the successful proposer will accept the Agreement terms and conditions "as is" without modification. Any contract modifications are to be stated upfront, at the time of submittal.
Bond Counsel Services
Any costs incurred in the preparation of the response, presentation to the City, travel in conjunction with such presentations, or samples of items shall be the responsibility of the respondent. The City assumes no responsibility and no liability for costs incurred by respondents prior to issuance of a contract.
The proposer shall furnish the City with such additional information as the City may reasonably require.
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.
Bond Counsel Services
Scope of Services
A. Debt Issuances. For each debt issuance and in between issuances as applicable, the firm shall perform all the following in a timely manner related to debt issuances, as requested by the City:
1. Provide general legal advice leading up to the bond election, if applicable, and leading up to the debt issuance.
2. Work with the City's financial advisor on creating and discussing structuring alternatives best suited for the purpose and within the confines of the market, acceptable risk, and legal constraints.
3. Work with the City's financial advisor on creating a detailed schedule of events for the financing transaction.
4. Work with the City's financial advisor on recommendation of the trustee, registrar, and paying agent.
5. Draft and review, as applicable, bond election propositions and project descriptions; voter informational pamphlets; educational, outreach, and communication pieces related to the election; other election materials and information; authorizing bond documents and any amendments thereto; bond proceedings; approving bond counsel, reliance, and defeasance opinions; and bond closing documents.
Work with City's fmancial advisor on propositions and related legal documents, as applicable and in the format requested by the City.
6. Call, arrange, and lead working group meetings as appropriate.
7. Work with the financial advisor on preparation of the notice inviting proposals for purchase of the bonds, the Preliminary Official Statement and the Official Statement or the Preliminary Limited Offering Memorandum and the Final Limited Offering Memorandum, as applicable and in the format requested by the City.
8. For privately or directly placed bond sales or other financing transactions, draft and negotiate, as applicable, all documents required by the transaction.
9. Perform the tax analysis and any other legal analysis required for the issuance, including without limitation reviewing planned projects and project uses as requested and providing legal advice and recommendations on structuring or financing alternatives.
10. Provide advice and present transactions as requested to the City Council, staff, and others.
11. Advise the City as to the proper procedure for compliance with state open meeting laws and federal public hearing criteria.
12. Prepare all bond or transaction closing and tax documents, coordinate bond closings, and prepare the bond or debt transcript in the format requested by the City.
13. Coordinate those necessary activities of a legal nature with the financial advisor.
Bond Counsel Services
14. Deliver the firm's legal opinion as to:
a. valid issuance of the evidence of indebtedness and effect of any defeasance or refunding, as applicable;
b. federal and state tax status of the interest income earned by holders of the instrument; and
c. validity and enforceability of underlying documentation.
15. Assist the City with securities law reporting and disclosures as requested.
16. Provide advice to the City on matters relating to the bonds and financings during intervals between transactions, including without limitation post -issuance tax and continuing disclosure compliance and reviewing or recommending updates to the City's post -issuance compliance procedures as needed.
B. General Services. For general services, the firm shall perform all the following in a timely manner, as requested by the City:
1. Provide advice and services of a general legal nature pertaining to all facets of City debt issuances.
2. Provide legal advice and services relative to financing options that do not include the sale of debt obligations.
3. Provide other legal advice and services, as necessary, on financial issues not related to a specific debt issue.
4. Provide legal advice on federal tax matters including, but not limited to, reimbursement, arbitrage, and private activity.
5. Coordinate those necessary activities of a legal nature with the financial advisor.
6. Provide updates on enacted state legislation relating to City financing alternatives.
7. Provide assistance with any Internal Revenue Service examinations and/or audits as requested and appropriate.
C. Special Taxing Districts. For improvement districts, community facilities districts, and other special districts, the firm shall perform all the following in a timely manner, as requested by the City:
1. Prepare and review, as applicable, all legal proceedings as the District Counsel, including all legal documents.
Bond Counsel Services
2. Assist with and review all actions taken by City staff and the City Council with respect to the following, as applicable:
i. initiation of the district;
ii. elections and hearings;
iii. protests and objections;
iv. adopting the Resolution Ordering the Work and calling for construction bids; v. awarding the construction contract;
vi. rulings on objections to the award of contract;
vii. calling for bids on the bonds and awarding the contract for the purchase of bonds; viii. processing the assessment, the warrant, the return and the certified list; and ix. final assessment hearing.
3. Assist the City Council and staff in evaluating objections to the assessment, preparing necessary responses to objections and determining if modifications of the assessment are advisable; this includes appearing at the hearing on the assessment if objections have been filed.
4. Prepare and review, as applicable, all legal documents associated with the district or transaction.
5. Work with the City's financial advisor on creating and discussing structuring alternatives best suited for the purpose and within the confines of the market, acceptable risk, and legal constraints.
6. Work with the City's financial advisor on creating a detailed schedule of events for the financing transaction.
7. Work with the City's financial advisor on drafting the notice inviting proposals for purchase of the bonds.
8. Work with the City's financial advisor in preparing the Preliminary Official Statement and the Official Statement or the Preliminary Limited Offering Memorandum and the Final Limited Offering Memorandum, as applicable and in the format requested by the City.
9. For matters that do not include the sale of debt obligations, prepare and negotiate all legal documents.
10. Be "on call" with respect to any questions which come up during the pendency of the district proceedings or during the collection period (i.e., the full term of the bonds) to answer questions on such things as modifications of assessments, notices of delinquencies, timing with respect to mailing notices of assessment installments, publishing notices of delinquencies, and holding Superintendent of Streets' sales.
11. Defend suits regarding the "spread" of assessments, if requested by the City.
Bond Counsel Services
Proposal Requirements
Proposals shall clearly address all the information requested and describe the methodology to be used to accomplish each of the project tasks. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The CITY relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of services.
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 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. That 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:
Firms must provide the following information regarding the organization:
• Name
• Street Address
• City, State, Zip Code
• Corporate Structure
• State/Country of Incorporation
• Website
• Contact Information
In addition, please include the size of the firm, the size of the firm's Bond counsel staff, and the location of the office from which the work on this engagement will be performed.
Firms should provide an affirmative statement that the firm and all assigned key professional staff are properly licensed to practice in California.
Firms shall submit a copy of its most recent quality control review. Firms shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm with state regulatory bodies or professional organizations, as well as any pending or settled litigation, during the past three years.
Bond Counsel Services
C. City Staff. Provide a detailed 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. Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Services.
D. Key Personnel:
a. Name the attorney(s) who will be directly assigned to the City. Include their qualifications and availability over the contract period, specifically with regard to conflicts due to prior engagements and the additional workload that would come from a contract with the City.
Provide resume(s) and experience serving as bond counsel for similar issuers. i. Include the names and qualifications of attorney(s) who specialize in public finance tax law and list their qualifications if not already provided. If the firm does not have an attorney who specializes in public finance tax law, describe how the firm intends to provide competent tax advice.
ii. Include the names and qualifications of attorney(s) with municipal securities law expertise and list their qualifications if not already provided. If the firm does not have an attorney who specializes in municipal securities law, describe how the firm intends to provide competent municipal securities law advice. b. Name the City's primary attorney contact and the attorney who will serve as primary attorney's backup and provide an expected allocation of workload among the attorneys who would be assigned to the City. Include the brief experience of other partners, associates, and other professionals available to provide services to the City. c. List the ten most representative bond issues handled during the past three years by the primary attorney assigned to the City and the attorney who will serve as primary attorney's backup, indicating the type of bond issue (e.g., general obligation, revenue, etc.), attorney's role in the transaction (e.g., bond counsel, underwriter's counsel, etc.), date issued, amount, and issuer for each issue.
E. Firm Qualifications and Experience
a. Summarize the services your firm offers to meet the scope of services listed in this solicitation.
b. Provide a brief description of your firm and its public finance history. Describe your firm's knowledge and experience serving California municipalities and special taxing districts as bond counsel, including how many years the firm has served as bond counsel to California municipalities.
c. Provide a listing of all the California municipal clients your firm has served in the bond area during the last three years and indicate those that are currently under contract. Indicate the firm's role in the transaction and the type, size, and date of any bond issues.
d. Describe the firm's expertise with federal tax laws and regulations relating to tax- exempt financing generally. Describe your firm's knowledge of and experience
Bond Counsel Services
with the tax laws associated with the issuance of tax-exempt debt, including arbitrage requirements and the ability to perform complex, multi -transaction private activity bond tax analysis and your firm's ability to provide tax guidance to the City, and special taxing districts.
e. Describe your firm's knowledge of and experience with the latest securities laws relating to municipal bonds, and your firm's ability to provide guidance to the City, the Municipal Property Corporation, and special taxing districts. f. Describe the firm's procedures for keeping abreast of changes in federal and California tax, securities, and municipal bond issues, including statutory and regulatory changes and judicial and administrative actions. g.
Describe your firm's knowledge of and experience with improvement districts, community facilities districts, and other special districts, and your firm's ability to provide guidance to the City on the formation, assessment, general obligation and assessment bonds, and recurring issues and needs (such as budget/levies) for such special districts.
h. Describe your firm's experience with assisting with Internal Revenue Service examinations and audits and the outcomes of such examinations and audits.
F. Ability to Meet the City's Requirements.
a. Describe the local and/or national resources the firm has applicable to the scope of services and explain how the resources will be put to work for the City. b. Describe any changes that have taken place within your firm's Public Finance practice group over the past two years and any changes your firm foresees in its structure and staffing over the next twelve months that may have even an indirect effect on your firm's ability to provide service to the City.
c. Provide a detailed listing of the full extent of the Errors and Omissions professional liability coverage carried by the firm, understanding that the City expects the following minimum limits: $5,000,000 each claim and $10,000,000 all claims (see Section IV below). List all claims filed against the firm, both current and pending and for the past three years, that either (i) are related to public finance or (ii) would have an adverse impact on the firm's ability to represent the City.
Include the disposition of any past claims and status of any current claims. d. Describe how the firm would meet the scope of services set forth in this solicitation. Include your firm's knowledge of the City's financial needs and strategies or alternatives it would propose to meet the scope of services. e. Describe how your firm will ensure that sufficient attorney coverage will be provided for the City's needs, including in -person presence at meetings when requested, timely production of documents, and rendering of advice with short turnaround times; how the firm will ensure that deadlines will be met; how the firm will ensure adequate communication to the City; and how the firm will ensure continuity of service.
f. Describe the involvement of public finance tax specialists in each debt transaction.
Bond Counsel Services
g. Discuss the approach your firm takes to efficiently allocate the legal work assignments to professionals of various levels in order to meet client needs for high -quality legal services at an effective cost.
h. Please describe how your firm proposes to assist the City with post -issuance compliance.
i. Provide a summary of key strengths and qualifications of your firm to serve as bond counsel. (Your response to this question should not exceed one page.) G. Disclosure - Please disclose any and all past or current business and personal relationships with any current Beaumont elected official, appointed official, City employee, or family member of any current Beaumont elected official, appointed official, or City employee.
Any past or current business relationship may not disqualify the firm from consideration.
H. References - For the firm's office that will be assigned responsibility for the audit, provide a list of the most significant engagements performed in the last five years that are similar to the engagement described in this Request for Proposal. Indicate the scope of work, dates, engagement partners, total hours and contact information for the client.
I. Overview and Scope of Services - Provide a description of the tasks, sub -tasks, and deliverables that will be provided. The Scope of Work should be presented in a logical format that can be easily attached to the Agreement (A). The request for Proposals is for Bond Counsel Services.
J. Cost Summary - The Cost Summary should contain, itemized pricing for each of the potential fiscal years. The total maximum annual price should contain all direct and indirect costs, including out-of-pocket expenses. Please submit pricing based off of the proposed fee schedule and scenarios below. In your proposal, please indicate any specific costing elements such as footnote disclosures that impact the overall cost. Please submit the Cost summary separate from the proposal on planetbids.
a. Proposed Fee Schedule.
Please provide the firm's proposed fee schedule for the work proposed and the various financing alternatives. This should include, without limitation, general obligation bonds, sewer revenue bonds, special district general obligation and assessment bonds, bond election proceedings, collection and foreclosure of liens/delinquencies, and other general legal services as described in this solicitation. Please also address the fees in the event of an unsuccessful election or transaction, as applicable.
The City would prefer the fee schedule include a flat fee per bond issue or a flat fixed rate per amount of bond. The City also prefers that if the fee schedule is calculated per amount of bonds issued, that an "issue" include all bonds of the same type sold on a contemporaneous or nearly contemporaneous basis in one or more series. If provided an alternate fee structure, discuss the benefit to the City of such arrangement and any limitations thereon.
Explain how fees may differ in the cases of a competitive versus a negotiated sale, and a new money transaction versus a refunding transaction, if not clear from the fee schedule. If the firm
Bond Counsel Services
proposes that the City bear the costs of incidental (out-of-pocket) expenses associated with a financing, clearly state what type of incidental expenses the City will be expected to bear.
Explain what controls will be used to keep costs to a minimum. Incidental expenses shall be subject to a negotiated expense cap for the term of the contract. b. Fee Scenarios.
Please also provide the firm's pricing for the following financing scenarios and explain any price differential for a competitive or negotiated sale, if applicable:
a. $100 million general obligation bond issue
b. $35 million general obligation refunding bond issue
c. $90 million Municipal Utility bond issue
d. $40 million Municipal Utility refunding bond issue
e. $35 million new money private placement
f. $35 million refunding private placement
K. Hours - The proposal should include the anticipated number of hours and distribution by staff classification. The proposal should also include a schedule of rates by professional staff classifications for audit services and consulting services. Please indicate if your proposal includes a "not to exceed" quote.
L. Signature - The response shall be signed by an official authorized to bind the firm and shall contain a statement to the effect that the proposal is valid for ninety (90) days.
M. Timing Considerations — The selected audit fuiu must ensure the timely completion of all audits tasks and deliverables, adhering to the City's deadline of November 30th for final report submission to City Council.
N. Other - Any other information that should be considered, such as any special services or customer service philosophy, which defines your firm's practice.
Bond Counsel Services
Response Submittal
All questions or requests for clarifications regarding this RFP shall be submitted on planetbids by 3:00 p.m. PST May 30, 2025. Responses to all questions 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.
*DUE DATE FOR QUESTIONS IS, MAY 30, 2025 BY 3:00 P.M. * Submit one (1) digital copy of proposal and one (1) digital copy of the cost proposal in PDF format on Planetbids in accordance with the proposal submission deadline, which is 12:00 pm PST on JUNE 13, 2025. Proposal must be titled "Proposal for Bond Counsel Services" and the cost proposal must be titled "Cost proposal for Bond Counsel Services" All costs associated with preparation of any proposal shall be the sole responsibility of the proposer. *DUE DATE FOR PROPOSALS IS JUNE 13, 2025 BY 12:00 P.M. * No RFC or questions will be accepted after 3:00 p.m. on MAY 30, 2025. A11 RFC responses will be posted on the CITY's Planet Bids Portal by February 05, 2025.
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.
If prior to the date fixed for submission of Proposals, a prospective Company discovers any ambiguity, conflict, discrepancy, omission or other errors in this RFP or any of its appendices, exhibits or attachments, the Company shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications shall be made by written Addenda to the RFP.
If a Company fails to notify the City, prior to the date fixed for submissions of Proposals, of an error in the RFP known to the Company, or an error that reasonably should have been known to the Company, the Company shall submit its Proposal at its own risk, and if the Company is awarded a Contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.
All communications regarding technical, scope, and/or project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via "Q&A" through the City's Electronic Bidding System, Planetbids, before the deadline and according to these specifications herein. Any and all other bidding communications shall only be with Raveena Chara, Procurement Contract Specialist, [email protected]
The Final day for receipt of questions from the Proposer shall be on or before the due date indicated in the RFP event schedule section below. To ensure fairness and avoid misunderstandings, all communications must be in written format and submitted only in the format set forth above. Any verbal communications will not be considered or responded to. All questions received by the due
Bond Counsel Services
date will be logged and reviewed
RFP Project Schedule
ITEM
DUE DATE
RFP posted
05/15/25
Questions due
05/30/25 3:00 pm PST
Answers posted
06/06/25
Proposals due
06/13/25 12:00 pm PST
Information for Respondents
A. Selection Process; Contract Length.
A selection committee established by the City Attorney will evaluate responses. Respondents may be requested to participate in an oral interview with the selection committee. Price will not be the controlling factor in making a selection but will be given due consideration. A low bidder is not entitled to be selected solely because of the submission of the low bid or price quotation. With the approval of the City Attorney and City Council, a contract will be executed with a selected firm or multiple firms for different portions of the scope of work. Notwithstanding the foregoing, any such contract will be nonexclusive, and the City may enter into contracts with other firms on a project- or transaction -specific basis as permitted by the City's procurement code. Contracts will remain in effect for a period of five (5) year with two (2) possible one-year renewals from the date of execution thereof unless sooner terminated in accordance with the terms of the contract, or subsequently renewed and, therefore, fee structures should take this time period into account.
B. Responses Required.
In order to be considered by the selection committee, each respondent is required to submit a response containing all Requested Information (Proposal requirements above).
C. Confidentiality of Proposal Information and Waiver.
All respondents specifically and categorically agree, as a pre -condition for the opening and review of their responses, that the information relating to fees and fee structures submitted by every other respondent is confidential and proprietary information insofar as respondents are concerned, and all respondents waive any right under the California Public Records Act or any other statutory or common law right, to request or receive such information from the City or any other respondent. All respondents recognize that such information may be considered not subject to confidential and/or proprietary protection with respect to a Public Records request made to the City by any person or entity not a respondent to this request, and that any and all such information may be subject to legally required disclosure.
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 records 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 -
Bond Counsel Services
effective and will be disregarded.
D. City's Reservation of Rights.
This Request for Proposals does not commit the City to enter into any agreement or contract, or pay any costs associated with the preparation or submittal of a response by any respondent. The City reserves the right to enter into agreements for legal services with persons or firms not responding to this proposal, or to continue or extend present agreements with persons or firms who do not respond. The City further reserves the right to waive responses to any part of this request if, in its sole judgment, it determines that it is in the best interests of the City so to do. The City may require any respondent to participate in negotiations, and to submit such other information as it may deem necessary. The City reserves the right to have varying requirements, or to agree to varying waivers for different respondents as shall fit the City's needs. All legal services providers will be required to enter into a written contract outlining such terms as may be required by the City Attorney.
Amendments to Request for Proposals
The CITY reserves the right to amend the RFP by addendum prior to the final proposal submittal date. The addenda will be posted on the CITY's Planet Bids Portal:
https://vendors.planetbids.com/porta1/66785/bo/bo-search Anticipated Contract Terms
A.
Insurance Requirements.
Respondents will be expected to have in place, at the time of execution of any contract, the following insurance types and limits. General and automobile liability insurance shall name the City of Beaumont as an additional insured. Policies shall be written with a carrier satisfactory to the City of Beaumont in amounts and of the types set forth below:
Recuired Insurance
Workers' Compensation
Commercial General Liability
(the policy shall be primary
and include coverage for bodily
injury, broad form property damage,
personal injury, products/completed
operations, and blanket contractual)
Automobile Liability
Professional Liability
Minimum Limits of Liability
$1,000,000
$1,000,000 per Occurrence
$1,000,000 Products -Completed Operations
Aggregate Limit
$2,000,000 General Aggregate
$1,000,000 per occurrence
$2,000,000 per occurrence
Bond Counsel Services
B. Representation in Matters Involving the City and Conflicts of Interest.
The contract entered into will prohibit any law firm or attorney executing the contract from engaging in or carrying on any legal activity on behalf of any client which is in any way directly adverse to the City of Beaumont, without the specific written consent and waiver of the City Council.
C. General City Provisions.
The contract will further contain general City provisions as required by law. These will include provisions relating to auditing, fiscal year billing requirements, termination provisions, indemnification provisions, and applicable state and federal statutes, etc.
D. Personnel.
The City will reserve the right to designate a specific attorney(s) in the contracting law firm to work on specific matters, as lead counsel and/or as associate lead counsel for the services rendered pursuant to any contract.
E. Advertising and Promotion.
The name of the City of Beaumont shall not be used in any advertising or other promotion context by a contracting firm or attorney without prior written approval of the City Council.
F. Assignment.
A contracting firm or attorney shall not assign the rights, or delegate the duties, or otherwise dispose of any right, title or interest in all or any part of any contract or assign any monies due or to become due to such firm or attorney without the prior written consent of the City Council.
G. Termination.
The City shall have the right to terminate any contract in whole or in part at any time without penalty or further obligation. The contracting firm or attorney will be paid at a rate equal to the agreed compensation for requested legal services rendered and reimbursed for authorized expenses actually incurred in rendering such services as of the date of such termination. Such payment for services already completed shall be the total compensation due to such firm or attorney upon termination.
H. Accounting and Auditing.
A contracting firm or attorney will agree that the City or its duly authorized representatives shall have access to and the right to examine any books, documents, papers, records, and other evidence reflecting all time charges, compensation, and costs billed under any contract. The materials described herein shall be made available at the office of a contracting firm or attorney at any reasonable time for inspection, audit, or reproduction until the expiration of three years from the date of final payment under the contract.
I. Fiscal Year.
The City's fiscal year begins July 1 and ends June 30 of each calendar year. An estimate of the charges or final invoice for services performed or costs incurred prior to the close of a fiscal year must be submitted by June 30.
City of Beaumont
Request for Proposal
BEAUMONT
Bond Counsel Services
Staff will review the proposals and make a recommendation to the City Council for review. The City intends to evaluate the proposals based upon the data presented in response to the RFP. The following general selection criteria will be used to evaluate each proposal:
1. Ability to meet service requirements; understanding the needs and requirements of the City; scope and services offered.
2. Experience, qualifications and knowledge of key personnel; references for similar work completed within the last three years. (Particular emphasis will be placed in the area of customer support.)
3. Proposed pricing.
4. Completeness of responses to the Request for Proposals The CITY intends to engage the most qualified consultant available who demonstrates a thorough understanding of the CITY' s needs. CITY staff will use the following criteria to evaluate the proposals:
Criteria
Points
Firm Qualifications and Experience; Firm Resources
30 Key Personnel Qualifications and Experience
20 Ability to Meet the City's Requirements
35 Compensation
10 Responsiveness (Thoroughness in responding to questions and requirements; clarity of presentation)
5 Total
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 may select the top two firms and enter into negotiation. The CITY reserves the right to reject any and all proposals.
Pae& W$6 Jf4369
City of Beaumont
Request for Proposal
Bond Counsel Services
BEAUMONT
END OF REQUEST FOR PROPOSAL
EXHIBITS TO FOLLOW
PaP97$$ @ i %69
EXHIBIT "A"
A Standard and Customary Legal Services Engagement Agreement For Municipal Bond Counsel Services will be negotiated with the successful law firm.
BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE July 15, 2025
SUBJECT: Approval of Agreement with Urban Futures, Inc. (UFI) for Financial Advisory Services
Description Consider approving a professional services agreement with Urban Futures, Inc. (UFI) to provide financial advisory services to the City of Beaumont. UFI will assist with debt issuance planning and execution, capital financing strategies, budget and fiscal impact analysis, and other advisory services related to the City's long- term financial management. The agreement will allow the City to engage UFI on an as - needed basis to support key financial initiatives.
Background and Analysis:
The City of Beaumont periodically requires the support of an independent financial advisor to provide expert guidance on municipal financing strategies, debt issuance, and long-range financial planning. To ensure continued access to qualified advisory services, the City issued a Request for Proposals (RFP) for Financial Advisor Services.
Four firms submitted proposals:
• CSG Advisors
• Kosmont Companies
• NHA Advisors
• Urban Futures, Inc. (UFI)
Proposals were evaluated based on firm qualifications, key personnel, proposed strategies and approach, compensation, and references.
Urban Futures, Inc. (UFI) received the highest evaluation score due to its:
• Deep institutional knowledge of the City's financial structure, having served Beaumont since 2015;
• Strong track record with Community Facilities Districts (CFDs), utility rate modeling, and capital project financing;
• Comprehensive approach to long-term fiscal strategy and debt management; and • Competitive fee structure.
UFI has consistently demonstrated the ability to support complex municipal financing transactions and provide strategic advice tailored to Beaumont's evolving needs.
The term of the agreement is for five years with two one-year renewals as allowable per Beaumont Municipal Code 3.02.070.
Fiscal Impact:
The cost of financial advisory services will be funded through the associated bond proceeds, project funds, or applicable departmental budgets, depending on the nature of the engagement. There is no direct impact to the General Fund unless specifically authorized for a General Fund -related initiative.
The estimated cost to prepare the report is $260.
Recommended Action:
Approve a professional services agreement with Urban Futures, Inc. (UFI) for as - needed financial advisory services for the period of July 15, 2025, through July 15, 2030, with compensation based on actual services rendered in accordance with the terms and rates established in the agreement; and authorize the City Manager to execute the agreement and any related documents.
Attachments:
A. Professional Services Agreement with Urban Futures, Inc.
B. Financial Advisor Proposal Evaluation Summary
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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 Urban Futures Incorporated whose address is 17821 E. 17th Street, Suite 245, Tustin, CA 92780 ("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 financial advisory and 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 Five (5) years unless extended by the parties with the approval of the City Council of the CITY.
2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: financial advisory and consulting services 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.
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4. Compensation.
4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY.
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
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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 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, including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict in regulations, the most stringent shall apply.
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6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident. If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage 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.. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry workers' compensation acknowledge that they are not subject to the Workers' Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.
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.
6.05. Cyber Liability Insurance REQUIRED IF CHECKED HERE ONLY [ ] (Technology Professional Liability — Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by CONTRACTOR in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark,
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trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. CONTRACTOR will file with DISTRICT, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to DISTRICT evidencing.
6.06. If Claims Made Policies (applies only to professional liability and cyber liability policies):
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the CONTRACTOR must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.
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,
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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 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
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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.
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. A11 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'
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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 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
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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.
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
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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.
13.10 Prevailing Wages. If the Services include work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post - construction phases of construction, CONTRACTOR shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, CONTRACTOR shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the "General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Riverside County and/or 40 U.S.C. Section 276a, et. seq. Such wage rates shall conform with those posted at DISTRICT offices and the project site. In the event that the CONTRACTOR fails to pay the prevailing wages, the CONTRACTOR shall be solely liable for penalties and for the shortfall in wages and shall indemnify, defend and hold harmless DISTRICT under Section 8.01 against any of the same. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
[signatures on following page]
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IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above -written.
CITY: CONTRACTOR:
CITY OF BEAUMONT URBAN
By: By:
Mike Lara, City Mayor
Print Name:
Date:
ATTEST:
By:
Nicole Wheelwright, Deputy City Clerk
APPROVED AS TO FORM:
By:
John O. Pinkney, City Attorney
Title.
Date: —7/7 /2-5
G
11
EXHIBIT "A"
REQUEST FOR PROPOSAL
(Insert behind this page.)
Website:
www.beaumontca.gov
BEAUMONT
-CALIFORNIA-
Request for Proposals
For
Financial Advisor Services
Address:
550 E. 6th Street
Beaumont, CA 92223
Phone:
951.769.8520
ITEM
DUE DATE
RFP posted
05/15/25
Questions due
05/30/25 3:00 pm PST
Answers posted
06/06/25
Proposals due
06/13/25 12:00 pm PST
Contact:
Raveena Chara, Procurement Contract Specialist
550 E. 6th Street - Beaumont, California 92223
[email protected]
RFP Available
Planet Bids Portal at
https://vendors.planetbids.com/portal/66785/bo/bo-search
Table of Contents
Request for Proposal
Introduction 3
Background 3
Additional responsibilities 4
Term 4
Proposal Requirements 5
Key Milestones for Deliverables 7
Response Submittal 9
Project Schedule 10
Confidentiality 10
Amendments to RFP .10
City of Beaumont Rights and Options 11
Conflict of Interest 12
Proposal Evaluation/Selection 13
Exhibit A
Scope of Services 15
Exhibit B
Cost Summary 20
Exhibit C
Professional Services Agreement 22
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City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
Introduction
The City of Beaumont (the City) is requesting proposals for the purpose of retaining a consulting firm (the firm) to act as the City's Financial Advisor on all items of fmancing necessary to its operations including, but not limited to bonds, bank loans or direct placements, including but not limited to General Obligation, street and highway, water, sewer, sold waste and aviation special obligation revenue, Municipal Property Corporation, Water Infrastructure Finance Innovation Act, Water Infrastructure Finance Authority of California, Community Facilities District, and Improvement District bonds and other related financial debt obligations. The City desires continuous and on -going support and frequent communication between bond sales as well as during bond sales. See attached Exhibits A and B for listing of recent and upcoming bond transactions and current bonds outstanding.
The consultant is encouraged to read the Solicitation documents very carefully, as the City shall not be responsible for errors and omissions on the part of the Consultant. The Consultant is also encouraged to carefully review their final submittal documents, as the Evaluation Committee is not required to make interpretations or correct detected errors in calculations.
Consultant shall familiarize themselves with the nature and extent of the solicitation and contract documents, work to be performed, all local conditions, and federal, and state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work.
All services provided by the Consultant shall be performed by individuals who meet the qualifications, education, and certification/licensing requirements for the position. The successful Consultant shall also have the resources to provide cost-effective and timely services, including providing customer service to the CITY.
Qualified firms that submit a proposal will be evaluated in accordance with the requirements defined within this 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.
Background
The City of Beaumont is a general law city incorporated in 1912 currently serving a population of approximately 57,000, located in Western Riverside County. The City operates under a council- manager format of government which consists of a Mayor, Mayor Pro-Tem, three Councilmembers and the City Manager. The positions of Mayor and Mayor Pro-Tem are rotated among the elected Councilmembers. A City Clerk and Treasurer are elected positions, each for a four-year term.
In addition to its function as the governing body of the City, the City Council acts as the governing body for other separate entities: Beaumont Financing Authority, Beaumont Public Improvement Authority, Beaumont Parking Authority, Beaumont Transit System, and Beaumont Utility Authority.
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
1. City Funds and Account Groups are as follows:
a. General Fund (1)
b. Internal Service Funds (1)
c. Special Revenue Funds (14)
d. Debt Service Fund (1)
e. Other Governmental Funds (14)
f. Capital Project Funds (2)
g. Enterprise Funds (2)
h. Agency Funds (4)
2. The City, organized into ten departments (Administration, Communications, Finance and Budget, IT, Economic Development, Risk and Human Resources, Community Development, Community Services, Public Safety, Public Works), provides a full range of municipal services. In addition, the City has component units including the Beaumont Utility Authority, Beaumont Financing Authority, Beaumont Public Financing Authority, Beaumont Parking Authority, and Beaumont Transit System. Public Safety Fire services are contracted with Cal Fire, but Animal Control, Code Enforcement, Police and Dispatch are performed by City employees.
3. The City's total expected payroll for the year ended June 30, 2025, is approximately $31.8 million, covering 247 budgeted full-time and part-time positions. The total municipal budget for the 2024-2025 fiscal year is approximately $96 million.
General Requirements
The City retains the right to select and utilize other financial advisors for those projects which, in the sole opinion of the City, require specialized expertise. The City also reserves the right to select more than one Financial Advisor or to form a municipal advisory team.
The Financial Advisor shall not be permitted to participate directly or indirectly in any manner in the underwriting of any financing of debt or bonds relating to any phase of the project for which Financial Advisor services are provided.
The Financial Advisor shall have an explicit duty of care and duty of loyalty (a fiduciary duty) to the City and be registered with the Securities and Exchange Commission (SEC) and Municipal Securities Rulemaking Board (MSRB).
The Financial Advisor shall be in compliance with all applicable Federal, State Local, and OSHA laws, rules and regulations and all other applicable regulations for the term of this contract.
The Financial Advisor is prohibited from engaging in activities on behalf of the City that produce a direct or indirect financial gain for the Financial Advisor, other than the agreed -upon compensation, without the City's informed consent.
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
The Financial Advisor will only receive compensation for work specifically authorized by the City.
Request for Proposal
The Financial Advisor shall have a minimum of five (5) years' experience as a government financial advisor.
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 trustees 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.
The City of Beaumont reserves the right to reject any or all responses, to waive any informality in any responses, and to select the vendor that best meets the City's needs.
There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.) unless exempt. Any language purporting to render the entire proposal confidential or proprietary will be ineffective and will be disregarded.
All property rights, including publication rights of all reports produced by respondents in connection with services performed under this agreement will be vested in the City. In addition, respondents will not publish or release any of the results of its examination without the express written permission of the City.
Responses must be submitted no later than the date and time stated on this RFP. Responses shall be reviewed and rated as set forth in the Selection Process section of this RFP. The City will then determine which firm best meets the City's requirements.
During the evaluation process, the City reserves the right (where it may serve the City's best interest) to request additional information or clarification from respondents. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this Request for Proposals, unless clearly and specifically noted in the proposal as submitted and confirmed in the contract between the City and the firm selected.
The City reserves the right to negotiate final pricing with the most qualified firm. The City may invite selected firms to meet with the evaluation team on or around the week of February 10, 2025, at no additional cost to the City.
The City's standard Contract Services Agreement is included as Exhibit C. Upon award of the contract, it is expected that the successful proposer will accept the Agreement terms and conditions "as is" without modification. Any contract modifications are to be stated upfront, at the time of submittal.
Any costs incurred in the preparation of the response, presentation to the City, travel in conjunction with such presentations, or samples of items shall be the responsibility of the respondent. The City assumes no responsibility and no liability for costs incurred by respondents prior to issuance of a contract.
The proposer shall furnish the City with such additional information as the City may reasonably require.
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.
Required Services
The firm shall provide financial advisory counseling services including, but not limited to:
A. For Each Debt Issue
1. Recommend, create, and discuss structuring alternatives best suited for the purpose and within the confines of the market, acceptable risk and legal constraints, select other finance professionals, plan the bond sale, and successfully sell and close the bonds.
2. Recommend an amortization schedule to meet the City's goals.
3. Assist in scheduling, drafting and presenting information to the rating agencies including practice presentations.
4. Recommend trustee, registrar, and paying agents and agreement structure.
5. In a competitive sale, market the bid form, recommend the timing of the sale, and evaluate bids.
Financial Auditing Services
City of Beaumont
Request for Proposal
BEAUMONT
-C A C l F O R N I A-
6.Create a detailed schedule of events for the City's financing transaction.
7. Assist in preparation the Preliminary Official Statement and Official Statement and select printer and/or electronic printer.
8. Coordinate necessary activities of a legal nature with the City's internal counsel and designated bond counsel.
9. Call, arrange, and lead working group meetings as appropriate.
10. Provide advice as may be required, and present transactions as may be requested, to the Mayor and Council, staff, committees and others.
B. General Services
1. Routinely monitor and advise the City on refunding opportunities and other financial products that would benefit the City.
2. Evaluate and recommend financing options that do not include the sale of debt obligations.
3. Assist with the evaluation of additional financing team professionals.
4. Evaluate the cost to benefit relationship of credit enhancement products and assist in acquisition of security/credit enhancement products.
5. Coordinate those necessary activities of a legal nature with the City's internal counsel and designated bond counsel.
6. Prepare and file necessary SEC Disclosure documents for the Wastewater revenue bonds within the City and any other future needed disclosures.
7. Assist in the preparation and review of Electronic Municipal Market Access (EMMA) filings.
8. Provide advice on matters relating to the bonds and financings during intervals between bond sales, including without limitation post -issuance compliance, financing options that do not include the sale of debt obligations.
C. Special Consulting Projects
1. Coordinate special consulting projects requested by the City (examples may include financial studies, analysis, research, appraisals, negotiations, etc.).
D. City's Responsibilities
1. The contract administrator for the resulting contract shall be the Finance Director or designee.
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
Recent Bond Tra
FY 2023/2024:
$8,800,000
CITY OF BEAUMONT
COMMUNITY FACILITIES DISTRICT NO. 2016-3 (SUNDANCE)
2023 SPECIAL TAX BONDS
FY 2024/2025
: $9,400,000
CITY OF BEAUMONT
COMMUNITY FACILITIES DISTRICT NO. 93-1
(IMPROVEMENT AREA NO. 17D)
SPECIAL TAX BONDS, SERIES 2024
of 2369
Financial Auditing Services
City of Beaumont
Request for Proposal
BEAUMONT
-C A L I FOR N I A-
long Term Debt Outstanding, as of
Balance
June 30, 2024
Governmental Activities:
Beaumont Financing Authority
2015 Revenue Bonds, Series A
9,005,000
2015 Revenue Bonds, Series B
13,530,000
2015 Revenue Bonds, Series C
3,355,000
2015 Revenue Bonds, Series D
4,930,000
Beaumont Public Improvement Authority
2019 Revenue Bonds, Series A
4,060,000
2019 A Revenue Bond Premium
702,636
2020 Revenue Bonds, Series A
15,670,000
2021 Revenue Bonds, Series A
15,895,000
Total Revenue Bonds
67,147,636
Total Governmental Activities
$ 67,147,636
Business -Type Activities:
Revenue Bonds
74,785,000
Bond Premium
6,084,195
Total Business -Type Activities
$ 80,869,195
TOTAL LONG TERM DEBT
$ 148,016,831
Financial Auditing Services
City of Beaumont
Request for Proposal
BEAUMONT
CFD Bonds
2015 Revenue Bonds, Series A
9,005,000
2015 Revenue Bonds, Series B
13,530,000
2015 Revenue Bonds, Series C
3,355,000
2015 Revenue Bonds, Series D 4,930,000
2018 Revenue Bonds Series A IA 8C 16,630,000
2018 Revenue Bonds, Series IA 8D 7,550,000
2018 Revenue Bonds, Series IA 17C
8,475,000
2018 Revenue Bonds, IA 7B
1,800,000
2018 Revenue Bonds, IA 7D
3,330,000
2018 Revenue Bonds, IA 8E 12,195,000
2019 Revenue Bonds 2016-1 8,120,000
2019 Revenue Bonds, Series A 4,060,000
2019 A Revenue Bond Premium 702,636
2020 Revenue Bonds, IA 8F 12,555,000
2019 Revenue Bonds, IA 2016-2
9,545,000
2019 Revenue Bonds, IA 2016-4
3,845,000
2020 Revenue Bonds, CFD 2019-1
2,215,000
2020 Revenue Bonds, Series A 15,670,000
2021 Revenue Bonds, Series A 15,895,000
2023 Revenue Bonds, CFD 2016-3 8,800,000
2024 Revenue Bonds, CFD 14,550,000
Total Revenue Bonds 176,757,636
2017 Bonds, Private Placement
69,198,256
Total Private Placement Bonds 69,198,256
Total CFD Fund $ 245,955,892
Financial Auditing Services
City of Beaumont
Request for Proposal
BEAUMONT
-CALIFORNIA-
Pt r i it t-iJAGREEMENT
Consultant shall act under the authority and approval of the Contract Administrator for the City, further named herein, to provide the services required by this Contract.
If for any reason the Consultant should fail to accept in writing, any conduct by Consultant which recognizes the existence of a Contract/Agreement pertaining to the subject matter hereof shall constitute acceptance by Consultant of the Contract/Agreement and all of its terms and conditions. Any terms proposed in Consultant's acceptance of City's Contract which adds to, varies from or conflicts with the terms herein are hereby rejected by the City. Any such proposed terms shall be void and the terms herein shall constitute the complete and exclusive statement of the terms and conditions of the Contract/Agreement between the parties.
ACCURACY OF WORK
The Consultant shall be responsible for the accuracy of the work requested and shall promptly make all necessary revisions or corrections without additional compensation. Acceptance of the work by the Project Manager will not relieve the Consultant of the responsibility for subsequent correction of any errors and the clarification of any ambiguities.
BACKGROUND CHECK
The Consultant acknowledges that the City may require a background and/or criminal records check of Consultant, which may include fingerprinting. If, in the City's sole discretion, the City determines that the Consultant refused to participate in a background and/or criminal records check or the City no longer wishes to contract with the Consultant due to the results of a background and/or criminal records check, the CITY may terminate this agreement effective immediately upon the CITY'S notice to the Consultant.
CITY ASSURANCE
The Contract Administrator shall report to the Consultant in writing, via email, or other written documentation, all deficiencies in the quality of performance of the service. All communication, written or verbal, between the City of Beaumont and the Consultant shall be in English.
All deficiencies in the performance of the Consultant's service shall be corrected promptly by the Consultant as directed by the Contract Administrator.
The Contract Administrator may monitor and review the performance of the Consultant and employees.
The outcomes of this oversight may have a direct bearing on the opportunity to negotiate a renewal of the Contract, when applicable.
CITY OBSERVED HOLIDAYS
City holiday time frame to be 6:00 P.M. the eve of the holiday until 6:00 A.M. on the day after the holiday.
City Holidays Include: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day (plus Day after Thanksgiving), Christmas Day.
a. New Year's Day January 1st
b. Martin Luther King Day 3rd Monday in January
c. President's Day 3rd Monday in February
d. Memorial Day Last Monday in May
e. Independence Day July 4th
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
f. Labor Day 1st Monday in September
g. Indigenous People's Day 2nd Monday in October
h. Veteran's Day November 11 (or Friday before or Monday after) h. Thanksgiving Day 4th Thursday in November
i. Day after Thanksgiving 4th Friday in November
j. Christmas Eve. December 24th
k. Christmas Day December 25th
1. Day after Christmas December 26th
m. New Year's Eve December 31st
COMPLETENESS AND ACCURACY
The Consultant will be responsible for the completeness and accuracy of work prepared by the Consultant and will correct, at its expense, all errors or omissions which may be disclosed. The cost to correct those errors will be chargeable to the Consultant. The City's acceptance of the Consultant's work will not relieve the Consultant of any of its responsibilities. The professional standard to which the Consultant is held will be that of a similar Consultant as practiced in the State of California.
CONTRACT ADMINISTRATION
The Contract Administrator, as identified in the Statement of Need shall audit the billings, approve payments, establish schedules, approve addenda to the contract, and generally be responsible for overseeing the execution of the contract.
DELAYS AND EXTENSIONS
During the course of this Contract, if deemed in the best interest of the City of Beaumont, an extension of time may be granted. However, any time extension so granted shall not constitute or operate as a waiver by the City of Beaumont of any of its rights herein.
INSURANCE REQUIREMENTS
Insurance Representations and Requirements
General
Consultant agrees to comply with all applicable City ordinances and state and federal laws and regulations.
Without limiting any obligations or liabilities of Consultant, must purchase and maintain, at its own expense, this Contract's stipulated minimum insurance with insurance companies properly licensed by the State of California (admitted insurer) with an AM Best, Inc. rating of B ++ 6 or above or an equivalent qualified unlicensed insurer by the State of California (non -admitted insurer) with policies and forms satisfactory to City of Beaumont. Failure to maintain insurance as specified may result in termination of this Contract at City of Beaumont's option.
No Representation of Coverage Adequacy
By requiring the insurance stated in this Contract, the City of Beaumont does not represent that coverage and limits will be adequate to protect Consultant. City of Beaumont reserves the right to review any and all of the insurance policies and/or endorsements required by this Contract but have no obligation to do so. Failure to demand any evidence of full compliance with the insurance requirements stated in this Contract or failure to identify any insurance deficiency does not relieve Consultant from, nor may it be construed or considered a waiver of Consultant's obligation to maintain the required insurance at all times during the performance of this Contract.
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
Coverage Term
All insurance required by this Contract must be maintained in full force and effect until all work or services required to be performed under the terms of this Contract are satisfactorily performed, completed and formally accepted by The City of Beaumont, unless specified otherwise in this Contract.
Claims Made
In the event any insurance policies required by this Contract are written on a "claims made" basis, coverage shall continue uninterrupted throughout the term of this Contract by keeping coverage in force using the effective date of this Contract as the retroactive date on all "claims made" policies. The retroactive date for exclusion of claims must be on or before the effective date of this Contract and can never be after the effective date of this Contract. Upon completion or termination of this Contract, the "claims made" coverage shall be extended for an additional three (3) years using the original retroactive date, either through purchasing an extended reporting option; or by continued renewal of the original insurance policies. Submission of annual Certificates of Insurance, citing the applicable coverages and provisions specified herein, shall continue for three (3) years past the completion or termination of this Contract.
Policy Deductibles and or Self -Insured Retentions
The policy requirements may provide coverage which contains deductibles or self -insured retention amounts. Any deductibles or self -insured retention are not applicable to the policy limits provided to City of Beaumont. Consultant is solely responsible for any deductible or self -insured retention amount. City of Beaumont, at its option, may require Consultant to secure payment of any deductible or self -insured retention by a surety bond or irrevocable and unconditional letter of credit.
Use of Subconsultants
If any work under this Contract is subcontracted in any way, Consultant must execute a written agreement with Subconsultant containing the same Indemnification Clause and Insurance Requirements as stated in this Contract protecting City of Beaumont and Consultant. Consultant will be responsible for executing the agreement with Subconsultant and obtaining Certificates of Insurance verifying the insurance requirements.
Evidence of Insurance and Required Endorsements
Before starting any work or services under this Contract, Consultant must furnish City of Beaumont with Certificate(s) of Insurance, or formal endorsements as required by this Contract, issued by Consultant's insurer(s) as evidence that policies are placed with acceptable insurers as specified in this Contract and provide the required coverage, conditions, and limits of coverage and that this coverage and the provisions are in full force and effect. If a Certificate of Insurance is submitted as verification of coverage, City of Beaumont will reasonably rely upon the Certificate of Insurance as evidence of coverage, but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this agreement. If any of the above cited policies expire during the life of this Contract, it is Consultant's responsibility to forward renewal Certificates within ten (10) days after the renewal date containing all the aforementioned insurance provisions. Certificates must specifically cite the following provisions endorsed to the Consultant's policy:
1. City of Beaumont, its agents, representatives, officers, directors, officials and employees must be named an Additional Insured under the following policies:
a) Commercial General Liability
b) Auto Liability
c) Excess Liability - Follow Form to underlying insurance as required.
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
2. Consultant's insurance must be primary insurance as respects performance of subject contract.
3. All policies, except Professional Liability Insurance, if applicable, waive rights of recovery (subrogation) against City of Beaumont, its agents, representatives, officers, directors, officials and employees for any claims arising out of work or services performed by consultant under this Contract.
4. If the Consultant's receives notice that any of the required policies of insurance are materially reduced or cancelled, it will be Consultant's responsibility to provide prompt notice of same to the City, unless such coverage is immediately replaced with similar policies.
Required Coverage
Commercial General Liability
Consultant must maintain "occurrence" form Commercial General Liability Insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate, and a $2,000,000 General Aggregate Limit. The policy must cover liability arising from premises, operations, independent Consultants, products -completed operations, personal injury and advertising injury. If any Excess insurance is utilized to fulfill the requirements of this section, the Excess insurance must be "follow form" equal or broader in coverage scope than underlying.
Vehicle Liability
If any vehicle is used in the performance of the Scope of Work that is the subject of this Contract, the Consultant must maintain Business Automobile Liability Insurance with a limit of $1,000,000 each occurrence on Consultant's owned, hired, and non -owned vehicles assigned to or used in the performance of the Consultant's work or services under this Contract. If any hazardous material, as defined by any local, state or federal authority, is the subject, or transported, in the performance of this contract, an MCS 90 endorsement is required providing $5,000,000 per occurrence limits of liability for bodily injury and property damage. If any Excess insurance is utilized to fulfill the requirements of this section, the Excess insurance must be "follow form" equal or broader in coverage scope than underlying.
Workers' Compensation Insurance
Consultant must maintain Workers' Compensation Insurance to cover obligations imposed by federal and state statutes applicable to Consultant's employees engaged in the performance of work or services under this Contract and must also maintain Employers' Liability Insurance of not less than $100,000 for each accident, $100,000 disease for each employee and $500,000 disease policy limit.
If the Consultant is a sole proprietor or a single member limited liability company with no employees and has elected not to purchase Workers' Compensation Insurance; a completed and signed Workers' Compensation Waiver Form will substitute for the insurance requirement.
Professional Liability
If the Contract is the subject of any professional services or work, or if Consultant engages in any professional services or work adjunct or residual to performing the work under this Contract, Consultant must maintain Professional Liability Insurance covering errors and omissions arising out of the work or services performed by Consultant or anyone employed by Consultant or anyone for whose acts, mistakes, errors and omissions Consultant is legally liable, with a liability insurance limit of $1,000,000 each claim and $2,000,000 all claims.
INVOICING
All invoices submitted for work done under the scope of this Contract MUST BE ITEMIZED.
Itemized invoices shall contain a MINIMUM of the following information:
• Vendor Name
• Remit to Address
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
• Purchase Order Number
• Invoice Date
• Invoice Number
• Date service/work was completed
• Complete description of work completed
• Location where service/work was performed
• Itemized list of all charges (quantity, description, unit pricing per the contract) • Tax Amount (if applicable)
• Total Invoice Amount
The Consultant shall submit invoices with all supporting documentation within thirty (30) days after the service/work is completed and approved by the Contract Administrator.
KEY PERSONNEL
The Consultant shall provide an adequate staff of experienced personnel capable of and devoted to the successful accomplishment of Contract work. The Consultant shall assign the specific individuals identified in its proposal to key positions. The Contract is predicated, in part and among other considerations, on the utilization of the specific individual(s) and/or personnel qualification(s) identified and/or described in the Consultant's offer. Therefore, no substitution of such specified individuals and/or personnel shall be made without prior written approval of the CA. Any substitution of personnel under this Contract shall be equal or better than those identified in the Contract. The City's approval of a personnel substitution shall not be construed as an acceptance of the substitution's performance potential. No approval shall be unreasonably withheld of a proposed substitution of personnel. The Consultant shall bear all transitional expenses incurred for any costs associated with removing or replacing Key Personnel who are performing work under the Contract.
MULTIPLE AWARDS
If deemed to be in the City of Beaumont 's best interests, the City reserves the right to award multiple Contracts as a result of the solicitation process. While multiple awards are possible, the preferred procedure is to make a single award for each commodity or category of commodity.
OWNERSHIP OF PROJECT DOCUMENTS
All documents, including but not limited to notes, records, data compilations, studies, and reports in any format, including but not limited to, written or electronic media, prepared in the performance of this Contract will remain the property of the City and must be delivered to the Contract Administrator before final payment is made to the Consultant.
When the work detail covers only the preparation of preliminary reports or documents, there will be no limitations upon the City concerning use of the ideas or recommendations in the reports or documents.
The City will release the Consultant from any liability for the preparation and use of preliminary reports or documents.
Any use of the project documents for purposes other than intended under this Contract will be at the sole risk of the City, and the Consultant will not be liable for any losses or injuries arising out of that use.
PRICE ESCALATION
Price increases may only be requested by the Consultant, thirty (30) days prior to the anniversary date of the Agreement. Failure to do so may result in the denial of any increase requested.
A requested price increase will become effective only after approval by City Council and/or City Manager. Once approved the price increase will be adjusted into a new base price for the remainder of the contract period. Any future requested price increases to the base price will only be reviewed at annual renewal time and require the approval of the City Council and/or City Manager
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
The proposed increased rate shall be based upon presentation by the Consultant and review by the Contract Administrator; however, the Contract Administrator shall evaluate the Consultant's performance, services and records documentation to determine the appropriateness of the increase requested.
The percentage increase in the unit pricing may not exceed the percent in the U.S. City Average "Consumer Price Index" (C.P.I.) All Items, 1982-84=100 for All Urban Consumers for the Percentage Change from the previous twelve (12) months, as published by the U. S. Department of Labor Bureau of Labor Statistics.
PRICING
Pricing shall be listed on the Pricing Proposal Form. Prices quoted by the Consultants shall be applicable during the entire initial term of the Contract.
For reasons of clarity all submissions of pricing shall be priced in the same unit (size, volume, quantity, weight, etc.) as requested on the Pricing Proposal Form herein. Consultants failing to comply with this requirement may be declared non -responsive.
All charges associated with this Contract MUST be shown on the Pricing Proposal Form returned by the Consultant or other supporting documentation. Any charges not listed on the Pricing Proposal Form or supporting documentation submitted with the Consultant proposal response shall not be allowed during the Contract period and any applicable extensions.
Unit prices quoted herein shall be all inclusive and include all pertinent additional fees normally associated with this type of service. This shall include, but not be limited to, environmental fees, shop supplies, clean-up, transportation, etc. No additional charges beyond the quoted unit price (except applicable sales tax) shall be allowed, unless authorized by the Contract Administrator before final invoicing.
The Consultant is strongly encouraged to offer additional pricing for related items, products and services, which are not specifically addressed as line items in this solicitation but are directly related to the items and products requested by the City herein and offered by the Consultant.
Additional items, products and services proposed pricing should be noted on the Pricing Proposal Form or a separate attachment to Consultant submittal document.
City of Beaumont purchase order number, referenced on the invoice, may remain unpaid.
QUANTITY
The estimated quantities that will be required during the initial term of this Contract are indicated on the Pricing Proposal Form contained herein.
The actual service requests, and service requests for future years may be more or less, and any quantities listed herein should be used for information purposes only.
REVIEW OF CONSULTANT'S WORK
Work performed by the Consultant shall be subject to periodic reviews and partial acceptance at various stages. The Depai latent may make such reviews and pass upon the acceptability of Consultant's work. Partial acceptance shall not relieve the Consultant of its obligation to correct, without charge, any errors in the work on this project.
The City reserves the right to perform background checks on the Consultant and their employees who will be conducting onsite activities and have direct contact with the City's client
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
TERM OF AGREEMENT
The term of this Contract shall be for a five (5) year period from the effective date of the contract award.
The City and Consultant may mutually agree to extend this Contract for two (2) additional one (1) year periods, upon the recommendation of the Contract Administrator, concurrence of the City Manager and/or City Council, depending on the Contract.
THIRD PARTY BENEFICIARY
Nothing under the Contract Documents will be construed to give any rights or benefits in the Contract Documents to anyone other than the City and the Consultant, and all duties and responsibilities undertaken in accordance with the Contract Documents will be for the sole and exclusive benefit of the City and the Consultant and not for the benefit of any other party.
VALUATION OF CONSULTANT'S PERFORMANCE
The Consultant will be evaluated regarding its performance of this Contract. This evaluation will include, but not be limited to, the following consideration for:
Completeness
Accuracy
Timeliness
Technical Expertise
Organization
Working Relationship with City Staff and Others
Availability
Communication Skills (meetings, correspondence, etc.)
This evaluation will be prepared by the staff and used to evaluate the desirability to proceed with negotiations for additional services.
GENERAL
After receipt of all proposals, each submittal shall be screened to determine if any shall be deemed nonresponsive.
Unsigned proposals, incomplete proposals, non-conformance with mandatory requirements, etc., may result in the determination of non -responsive.
Subsequent to the initial review, all remaining proposals shall be reviewed by the Proposal Evaluation Committee.
Proposal Requirements
Proposals shall clearly address all the information requested and describe the methodology to be used to accomplish each of the project tasks. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The CITY relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of services. The CITY will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP.
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.
Page of 2369
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
A. Cover Letter: Maximum of two 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. That 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:
Firms must provide the following information regarding the organization:
• Name
• Street Address
• City, State, Zip Code
• Corporate Structure
• State/Country of Incorporation
• Website
• Contact Information
In addition, please include the size of the firm, the size of the firm's governmental consulting staff, and the location of the office from which the work on this engagement will be performed.
C. Firm Qualifications — Consultant proposal shall provide the firm's qualifications in summary. This shall illustrate the Consultant understanding of the objectives of this solicitation and demonstrate the Consultant ability to successfully complete the scope of work represented in this solicitation.
Include a MINIMUM of the following items:
1. Detail the scope of services your firm offers and the years of continuous performance in each Required Service. Provide enough description of experience to indicate the firm's qualifications in a given service.
2. How is the firm organized and how will its resources be put to work for the City? Provide a general description of the firm along with an explanation of how the different areas and strengths of the firm could be beneficial in a financial advisory role with the City.
3. What changes have taken place within your firm's Public Financing Department over the past six months and what changes does your firm foresee in its structure and staffing over the next twelve months that may have even an indirect effect on your firm's ability to service the City of Beaumont?
4. Provide a description of the support capabilities your firm would provide in the areas of training, research and publications, and computer resources.
5. Provide any additional information about your firm which would be informative, such as legislative or lobbying experience, etc.
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
6. Provide a copy of the firm's most recent annual report.
7. Disclosure of any finder's fees, fee splitting, payments to consultants or other contractual arrangements of the firm that could present a real or perceived conflict of interest.
8. Disclosure of any pending investigation of the firm or enforcement or disciplinary actions taken within the past three years by the SEC, FINRA, MSRB, or other regulatory bodies.
D. Firm Experience — Consultant proposal shall summarize the firm's experience providing governmental financial advisor services. This shall illustrate the Consultant understanding of the objectives of this solicitation and demonstrates the Consultant ability to successfully complete the scope of work represented in this solicitation. Include a MINIMUM of the following items:
1. Provide a listing of all the California clients your firm has served in the municipal bond area during the last two years and indicate those that are currently under contract.
Indicate whether the bond issues were competitive, negotiated or a combination thereof, and also include the size of the issues.
2. Indicate the number of sales and amounts, if any, of California municipal securities handled by your firm as a financial advisor. Describe how your firm is organized, within and outside California, to provide service to California municipal clients.
Describe the experience of your firm in pricing California issues, and include the size of the issues.
3. Please specify the number of bond rating presentations for the last three (3) years.
Discuss this experience and its potential applicability to the City of Beaumont.
4. Outline your firm's knowledge of and experience with the latest tax reform laws, changes relating to tax-exempt financing, and your firm's ability to provide tax guidance to the City and City Council.
5. Attach a recent representative example of a municipality's offering statement in which you acted as financial advisor.
6. Outline your firm's experience with Improvement Districts and Community Facilities Districts.
7. Include the name, address and telephone number of three clients for whom services similar to those described in this Request for Proposal have been performed.
E. Strategies/Approach to Work — Consultant proposal shall summarize the firm's strategies/approach to work for providing governmental financial advisor services as specified herein. Include a MINIMUM of the following items:
1. Under present market conditions, what would be your strategy for advising the City on planning debt issues and why do you feel that this strategy is appropriate? In your response, include discussion of institutional versus retail sales, structure of underwriting syndicate, use of municipal bond insurance, debt structure, and other
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
pertinent information.
2. Discuss any innovative fmancing techniques which you feel the City should consider for future bond issues.
3. Discuss the advantages and disadvantages of competitive, negotiated, and combination bond sales as they relate to the City's proposed issues.
4. Describe the firm's access to sources of current market information to assist in pricing of negotiated sales and information to assist City in planning and executing competitive sales.
5. Describe strategies and material to interface with the City's automated debt portfolio tool such as DebtBook or Sympro to ensure coordination and accuracy.
F. Key Personnel Qualifications and Experience — Consultant proposal shall include the qualifications and experience of the key personnel that will be providing the services required herein. The qualifications provided shall include resumes, academic credentials, applicable training classes, Professional Certifications, Professional Association Memberships, etc. Include a MINIMUM of the following items:
1. List the individuals who would be responsible for providing financial advisory services to the City and indicate which offices they will be based out of; an organization chart of the project team with each person's title and responsibility; what are their qualifications; their availability over the Contract period and with regard to prior engagements, what have been their specific responsibilities related to financial advising for various financing techniques?
2. Provide brief resumes for the individuals and list other individuals which could be available to provide service to the City.
3. Provide information on the government financial advisory experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of the requirements requested herein.
4. Provide as much information as possible regarding the number, qualifications, experience and training, including relevant continuing professional education, of the specific staff to be assigned to these services. Indicate how the quality of staff over the term of the agreement will be assured.
G. Exceptions — Consultant shall include all exceptions taken in regard to the terms and conditions as specified in this solicitation document, any award documents, or attached contracts. All exceptions taken by the Consultant shall be clearly defined and the changes requested clearly identified in their submittal document. Exceptions taken by the Consultant shall be used in the evaluation process. If the Consultant does not indicate exceptions in their submittal document this will signify to the City that the Consultant is in full agreement with all areas of the solicitation document, attached award documents and contracts, and agree to all terms as stated.
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
Proposal -Per proposal requirements above
Pricing Proposal — Fully completed Pricing Proposal Form.
General Disclosure Form — Fully completed General Disclosure Form, signed in ink.
Litigation Disclosure Form — Fully completed Litigation Disclosure Form, signed in ink.
References — Fully completed Reference Form.
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
1kespOiise 3uiiitutta1
All questions or requests for clarifications regarding this RFP shall be submitted on planetbids by 3:00 p.m. PST May 30, 2025. Responses to all questions 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.
*DUE DATE FOR QUESTIONS IS, MAY 30, 2025 BY 3:00 P.M. * Submit one (1) digital copy of proposal and one (1) digital copy of the cost proposal in PDF format on Planetbids in accordance with the proposal submission deadline, which is 12:00 pm PST on JUNE 13, 2025. Proposal must be titled "Proposal for Financial Advisory Services" and the cost proposal must be titled "Cost proposal for Financial Advisory Services" All costs associated with preparation of any proposal shall be the sole responsibility of the proposer. *DUE DATE FOR PROPOSALS IS JUNE 13, 2025 BY 12:00 P.M. * By proposing on this project, you are indicating that you agree to all terms and conditions of the City's Professional Services Agreement, which is attached to this RFP as Exhibit A.
No RFC or questions will be accepted after 3:00 p.m. on May 30, 2025. All RFC responses will be posted on the CITY's Planet Bids Portal by June 06, 2025.
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.
If prior to the date fixed for submission of Proposals, a prospective Company discovers any ambiguity, conflict, discrepancy, omission or other errors in this RFP or any of its appendices, exhibits or attachments, the Company shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications shall be made by written Addenda to the RFP.
If a Company fails to notify the City, prior to the date fixed for submissions of Proposals, of an error in the RFP known to the Company, or an error that reasonably should have been known to the Company, the Company shall submit its Proposal at its own risk, and if the Company is awarded a Contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.
All communications regarding technical, scope, and/or project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via "Q&A" through the City's Electronic Bidding System, Planetbids, before the deadline and according to these specifications herein. Any and all other bidding communications shall only be with Raveena Chara, Procurement Contract Specialist, [email protected]
The Final day for receipt of questions from the Proposer shall be on or before the due date indicated in the RFP event schedule section below. To ensure fairness and avoid misunderstandings, all communications must be in written format and submitted only in the format set forth above. Any
City of Beaumont
Financial Auditing Services
Request for Proposal
BEAUMONT
AL PORN!
verbal communications will not be considered or responded to. All questions received by the due date will be logged and reviewed
RFP Project Schedule
ITEM
DUE DATE
RFP posted
05/15/25
Questions due
05/30/25 3:00 pm PST
Answers posted
06/06/25
Proposals due
06/13/25 12:00 pm PST
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 records 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.
Amendments to Request for Proposals
The CITY reserves the right to amend the RFP by addendum prior to the final proposal submittal date. The addenda will be posted on the CITY's Planet Bids Portal:
https://vendors.planetbids.com/portal/66785/bo/bo-search
Financial Auditing Services
City of Beaumont
Request for Proposal
BEAUMONT
-CALIFORNIA-
All responsive proposals shall be evaluated by the Proposal Evaluation Committee using the criteria listed below. The recommendation for contract award will be made to the responsible Consultant whose proposal is determined to be the most advantageous to the City when applying the following criteria.
DESCRIPTION
PERCENTAGE
Firm Qualifications
25%
Firm/Staff Experience / Key Personnel
15%
Strategies / Approach
30%
Compensation (Pricing)
20%
Exceptions, References, SubConsultants List
10%
The following items may be used by the Proposal Evaluation Committee to evaluate each proposal submitted:
1. Cost factors associated with performing the work required by the contract.
2. The returned satisfaction surveys from the Consultant submitted references.
3. The Consultant demonstrated experience on similar types of projects, including satisfactory reference checks relating to past work relationships, past performance on projects of similar scope and size, level of knowledge, reliability, flexibility and ability to meet project deadlines.
4. The ability and willingness of the Consultant to meet or exceed the specifications and standards of this solicitation and Consultant understanding and perceived perception of the scope of work contained herein.
5. The content and quality of the Consultant proposal and other presentation materials.
Consultant may be invited to make a presentation, but Consultant should not rely on a possible presentation to present their qualifications and offered services. If invited, the Consultant will be notified of the date and time of the presentation by the Contract Administrator. Results of any presentation may be used to determine
the contract award.
The evaluation committee may establish a short list of those proposals considered most advantageous to the City of Beaumont.
Short-listed Consultants may be invited to make presentation. At the presentation, the evaluation committee will score each Consultant.
➢ At the conclusion of all presentations, an overall ranking of proposals will be performed, combining the results of the proposal evaluations and the presentations.
The City of Beaumont intends to enter into negotiations with the top ranked Consultant determined to provide the most advantageous combination of product and services as determined by the proposal and presentation.
Should negotiations with the top ranked Consultant fail to reach a satisfactory conclusion, the City of Beaumont may at is sole discretion enter into negotiations with the second ranked vendor, or the City of Beaumont may determine that no further negotiations will be conducted.
City of Beaumont Financial Auditing Services
BEAUMONT
-CALIFORNIA-
Request for Proposal
PRICING PROPOSAL.
Please explain the firm's proposed fee schedule for the work proposed and the various financing alternatives. Explain how fees may differ in the cases of a competitive versus a negotiated sale. If the firm proposes that the City bear the costs of incidental (out-of-pocket) expense associated with a financing, clearly state what type of incidental expenses the City will be expected to bear and the expected cost of these incidental expenses. What controls will be used to keep costs to a minimum? Incidental expenses shall be subject to a negotiated expense cap for the term of the contract. The City would prefer a fee schedule with an all-inclusive flat price per sale of bonds regardless of issue size to be paid from bond proceeds. Please summarize your schedule of fees be in the following format. Please attach to this cost proposal and submit entire cost proposal separate from the rest of the proposal.
A. Debt Issuances
DESCRIPTION
NEW MONEY
COMPETITIVE
NEW MONEY
NEGOTIATED
REFUNDING
COMPETATIVE
REFUNDING
NEGOTIATED
GO Bonds
$
$
$
$
Revenue Bonds
(Voter Authorized or Non-
voter authorized):
$
S
$
$
Sewer
$
$
$
$
WIFIA
$
$
$
$
MPC or Certificates of
Participation (COPS)
$
$
$
$
Special District Bonds
$
$
$
$
CFD (General Obligation
Bonds)
$
$
$
$
CFD (Special Assessment
Bonds)
$
$
$
$
Other
$
$
$
$
Financial Auditing Services
City of Beaumont
Request for Proposal
BEAUMONT
-CALIFORNIA-
PRICING PROP00,,,
B. Identify which fees proposed are on a not -to -exceed basis.
C. Describe any conditions attached to the fee proposal.
D. State which costs are included in the proposed fees and what costs are to be reimbursed.
E. Other Financial Advisory Services:
For other financial advisory services that are pre -authorized by the City and provided outside the requested Scope of Services (except those fees for Special Consulting service outlined below.):
Advisory Fee: $ per hour (state individual hourly rates, i.e., Partner, Associate, etc.)
F. Special Consulting Projects:
Fees for Special Consulting Projects will be negotiated and pre -approved by the City.
Special Consulting Fee: $ per hour
G. Fees for services that do not result in a bond issuance or financing closing.
Special Fee: $ per hour
**TAXES
1. Do not include any use, or federal excise tax in your bid. The City is exempt from the payment of federal excise tax and will add use tax as applicable.
Financial Auditing Services
City of Beaumont
Request for Proposal
BEAUMONT
-CALIFORNIA-
GENERAL DISCLOSURE FORM
Bidder shall respond to each of the questions below by checking the appropriate box and provide supplemental information as needed. Failure to fully and truthfully disclose the information required by this disclosure form may result in the disqualification of your submittal from consideration or termination of the contract, once awarded.
Debarment / Suspension Information — Has the Respondent or any of its principals been debarred or suspended from contracting with any public entity?
FI YES FIND
If "YES", in an attachment to this form identify the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension and state the reason for or circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension.
Surety Information — Has the Respondent or any of its principals ever had a bond or surety cancelled or forfeited?
FI YES FIND
If "YES", in an attachment to this form identify the name of the bonding company, date, amount of bond and reason for such cancellation or forfeiture.
Bankruptcy Information — Has the Respondent or any of its principals ever been declared bankrupt or filed for protection from creditors under State or Federal proceeding in the last seven (7) years? FI YES �TO
If "YES", in an attachment to this form identify the date, court, jurisdiction, case number, amount of liabilities and amount of assets.
Signature Title
Printed Name Date
COMPANY NAME:
Financial Auditing Services
City of Beaumont
Request for Proposal
BEA JMONT
-CAIICORNiA
LITIGATION DISCLOSURE FOICivi
Bidder shall respond to each of the questions below by checking the appropriate box and provide supplemental information as needed. Failure to fully and truthfully disclose the information required by this disclosure form may result in the disqualification of your submittal from consideration or termination of the contract, once awarded.
Have you or any member of your Firm or Team to be assigned to this contract ever been indicted or convicted of a felony or a misdemeanor involving theft or moral turpitude in the last five (5) years? ❑ YES ❑ NO
Have you or any member of your Firm or Team to be assigned to this contract ever been terminated (for cause or otherwise) from any work being performed for the City of Beaumont or any other Federal, State or Local Government?
n YES ❑ NO
Have you or any member of your Firm or Team to be assigned to this contract ever been involved in any claim or litigation with the City of Beaumont or any other Federal, State or Local Government during the last ten (10) years?
n YES nNO
If you answered "YES", to any of the above questions, in an attachment to this form, please indicate the name(s) of the person(s), the nature, and status and/or outcome of the information, indictment, conviction, termination, claim or litigation, as applicable.
Signature Title
Printed Name Date
COMPANY NAME:
Financial Auditing Services
City of Beaumont
Request for Proposal
BEAUMONT
-CALIFORNIA-
REFERENCES
List minimum of (3) California customers, excluding the City of Beaumont, for whom your company has provided service(s) of a similar scope as this Request for Proposal, during the past three years. Include the length of any contracts listed. Consultants may make multiple copies of this document as needed.
The following questions are asked to enable the evaluation team to assess the qualifications of Consultants under consideration for final award. This information may or may not be a determining factor in award of this solicitation.
Company Name:
Company Address:
City/State/Zip:
Contact Person: Telephone #:
Email: Date of Service:
Name of Project:
Type of Service Provided:
Company Name:
Company Address:
City/State/Zip:
Contact Person: Telephone #:
Email: Date of Service:
Name of Project:
Type of Service Provided:
Company Name:
Company Address:
City/State/Zip:
Contact Person: Telephone #:
Email: Date of Service:
Name of Project:
Type of Service Provided:
Financial Auditing Services
City of Beaumont
Request for Proposal
BEAUMONT
-CALIFORNIA-
A. Sample Professional Services Agreement (PSA)
END OF REQUEST FOR PROPOSAL
EXHIBITS TO FOLLOW
City of Beaumont
Request for Proposal
BEAUMONT
-CALIFORNIA
Staff Extension and
Project management Services
EXHIBIT "B"
VENDOR'S PROPOSAL
(Insert behind this page.)
1
BEAUMONT
CALIFORNIA -
City of Beaumont
Proposal for
Financial Advisory Services
Urban Futures, Inc.
June 13, 2025
UFI
Financial Solutions
Public Finance I Public Management IAnalytics & Compliance
City of Beaumont
Proposal for Financial Advisory Services June 13, 2025
Table of Contents
Cover Letter 1
B. Introduction 1
C. Firm Qualifications 1
D. Firm Experience 7
E. Strategies/Approach to Work 13
F. Key Personnel Qualifications and Experience 17
G. Exceptions 20
Appendix A: Professional Resumes — UFI Team Members 21
Appendix B: Client List 27
Appendix C: Required Forms 28
Appendix D: SEC Form MA 29
Appendix E: Official Statement Example 30
gUFI
`SUFI
Financial Solutions
June 13, 2025
Raveena Chara, Procurement Contract Specialist
550 E. 6th Street
Beaumont, California 92223
[email protected]
Re: Urban Futures, Inc. — Request for Proposals - Municipal Financial Advisory Services Dear Ms. Chara:
Urban Futures, Inc. (UFI) is pleased to submit this proposal to the City of Beaumont (the City) for the purpose of providing objective and independent municipal financial advisory services to the City. As one of California's leading municipal advisory firms, we believe we are uniquely positioned to provide the City with a high level of service from an experienced team of California -based professionals.
We feel privileged to have had a long-standing relationship with the City since 2015, and we are proud of the important progress the City has made during that time. No other municipal advisory firm brings the same depth of knowledge or familiarity with the City's financial landscape. Our team understands the City's goals, financing needs, and operational priorities, and we are excited to build on that foundation in support of the City's next chapter of growth.
Over the past ten years, we have provided the City with tailored, strategic guidance across a range of financing tools and policy issues. Looking ahead, our commitment remains the same: to serve as an extension of City staff, deliver sound financial strategies, and support the City's long-term vision.
The following is a summary of our distinguishing expertise and services:
• #1 Ranked California Municipal Advisor: UFI has been a leader in providing financial advisory services since 1972 to over 300 public agencies throughout California. UFI is ranked as the top financial advisory firm in California over the last 5 -year period as measured by the number of transactions completed'. UFI is in the market virtually every week, advising on more bond sales than any other firm. • Relevant and Local Experience: Our experience assisting cities in and around Riverside County gives us a firm grasp on the local economic landscape as well as the unique challenges and opportunities faced by Beaumont. We regularly engage with cities in the County to advise on large and diverse CFD programs, public facilities financings, often bridging municipal advisory activities and analysis with in-house consulting engagements leading to successful economic development. Through these assignments, we have gained experience with many large residential and commercial real estate developers and their consultant teams. • Experienced Personnel: The team assigned to the City includes professionals with deep expertise in special district formation, CFD financings, enterprise and general fund credits, credit analysis, and pricing execution for bond sales. UFI's municipal advisors and consultants include a former city finance director/assistant city manager, special district general counsel, public finance investment bankers, and a rating agency analyst, which allows us to offer the City a comprehensive blend of qualifications and resources. With advisors based in Southern California, we are available to meet with the City as often as is necessary to complete upcoming assignments.
'Source: SDC Platinum (Thomson Reuters)
UFI
1