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POLICY NUMBER: CMV-PLI-0029523-02
CITY OF BEAUMONT
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CMV-PLI-0029523-02
CITY OF BEAUMONT
COMMERCIAL AUTOMOBILE
HA99 160312
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD ITCAREFULLY. ©2011,The Hartford(Includes copyrightedmaterial
FormHA9916 0312 ofISO Properties,Inc.,withits permission.)Page 1of5
COMMERCIALAUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsementmodifies insuranceprovidedunderthe following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisionsof theCoverageForm,the provisionsof this endorsementapply.
1. BROAD FORMINSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amendedto include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the CoverageForm.
However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustionofits Limit ofInsurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does notincludeany
newly formedor acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insuranceunderany other policy,or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisitionor formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
youformed oracquiredtheorganization.
B. EmployeesasInsureds
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amendedto add:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
C. Lessorsas Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreementif:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto"is leasedwithouta driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto"you hire.
D. AdditionalInsuredifRequiredbyContract
(1) Paragraph A.1. - WHO IS AN INSURED
- of Section II - Liability Coverage is
amendedto add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such personor
organization is an "insured",but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
Insured with regard to the
ownership, maintenance or use of a
covered"auto."
©2011,The Hartford(Includes copyrightedmaterial
FormHA9916 0312 ofISO Properties,Inc.,with itspermission.)Page 2of5 The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additionalinsured.
(2) HowLimits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additionalinsuredis thelesserof:
(a) The limits of insurance specified in
the written contract or written
agreement;or
(b) The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) AdditionalInsuredsOther Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
owninsurance.
(4) Duties in The Event Of Accident, Claim,
Suitor Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS – OF SECTION IV –
BUSINESS AUTO CONDITIONS, in the
same manner astheNamedInsured.
E. Primary and Non-Contributory if
RequiredbyContract
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
Insured If Required by Contract, the
followingprovisions apply:
(3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
OtherInsurance5.d.
(4) Primary And Non-Contributory To Other
InsuranceWhenRequired ByContract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance.
Paragraphs (3)and (4)do not apply to other
insurance to which the additional insured
hasbeenaddedas anadditional insured.
When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any other insurer has a duty to defend the
insured against that "suit". If no other insurer
defends, we will undertake to do so, but we will
be entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
(1) The total amount that all such other
insurance would pay for the loss in the
absenceofthis insurance;and
(2) The total of all deductible and self-insured
amountsunderall thatother insurance.
We will share the remaining loss, if any, by the
methoddescribedin OtherInsurance5.d.
2. AUTOSRENTEDBY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an"auto"you hire.
The OTHER INSURANCE Conditionis amended
byaddingthefollowing:
©2011,The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties,Inc.,with its permission.)Page 3 of 5 If an "employee’s"personal insurance also
applies on an excess basis to a covered "auto"
hired or rented by your "employee"on your
behalf and at your direction,this insurance will
be primary to the "employee’s"personal
insurance.
3.AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5.-FELLOW EMPLOYEE -of
SECTION II -LIABILITY COVERAGE does not
apply if you have workers'compensation
insurance in-force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
4.HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos"are covered "autos"for Liability
Coverage and if Comprehensive,Specified
Causes of Loss,or Collision coverages are
provided under this Coverage Form for any
"auto"you own,then the Physical Damage
Coverages provided are extended to "autos"you
hire or borrow,subject to the following limit.
The most we will pay for "loss"to any hired
"auto"is:
(1)$100,000;
(2)The actual cash value of the damaged or
stolen property at the time of the "loss";or
(3)The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest,minus a deductible.The
deductible will be equal to the largest deductible
applicable to any owned "auto"for that
coverage.No deductible applies to "loss"caused
by fire or lightning.Hired Auto Physical Damage
coverage is excess over any other collectible
insurance.Subject to the above limit,deductible
and excess provisions,we will provide coverage
equal to the broadest coverage applicable to any
covered "auto"you own.
We will also cover loss of use of the hired "auto"
if it results from an "accident",you are legally
liable and the lessor incurs an actual financial
loss,subject to a maximum of $1000 per
"accident".
This extension of coverage does not apply to
any "auto"you hire or borrow from any of your
"employees",partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.
5.PHYSICAL DAMAGE -ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a.of SECTION III -PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
6.LOAN/LEASE GAP COVERAGE
Under SECTION III -PHYSICAL DAMAGE
COVERAGE,in the event of a total "loss"to a
covered "auto",we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto"at the time of the "loss"
and the "outstanding balance"of the loan/lease.
"Outstanding balance"means the amount you
owe on the loan/lease at the time of "loss"less
any amounts representing taxes;overdue
payments;penalties,interest or charges
resulting from overdue payments;additional
mileage charges;excess wear and tear charges;
lease termination fees;security deposits not
returned by the lessor;costs for extended
warranties,credit life Insurance,health,accident
or disability insurance purchased with the loan or
lease;and carry-over balances from previous
loans or leases.
7.AIRBAG COVERAGE
Under Paragraph B.EXCLUSIONS -of
SECTION III -PHYSICAL DAMAGE
COVERAGE,the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
8.ELECTRONIC EQUIPMENT -BROADENED
COVERAGE
a.The exceptions to Paragraphs B.4 -
EXCLUSIONS -of SECTION III -PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c.and 4.d.do not apply to
equipment designed to be operated solely
by use of the power from the "auto's"
electrical system that,at the time of "loss",
is:
(1)Permanently installed in or upon
the covered "auto";
(2)Removable from a housing unit
which is permanently installed in
or upon the covered "auto";
(3)An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1)and (2)above;or
©2011,The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties,Inc.,with its permission.)Page 4 of 5 (4)Necessary for the normal
operation of the covered "auto"or
the monitoring of the covered
"auto's"operating system.
b.Section III –Version CA 00 01 03 10 of the
Business Auto Coverage Form,Physical
Damage Coverage,Limit of Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form,Physical
Damage Coverage,Limit of Insurance,
Paragraph C are each amended to add the
following:
$1,500 is the most we will pay for "loss"in
any one "accident"to all electronic
equipment (other than equipment designed
solely for the reproduction of sound,and
accessories used with such equipment)
that reproduces,receives or transmits
audio,visual or data signals which,at the
time of "loss",is:
(1)Permanently installed in or upon
the covered "auto"in a housing,
opening or other location that is not
normally used by the "auto"
manufacturer for the installation of
such equipment;
(2)Removable from a permanently
installed housing unit as described
in Paragraph 2.a.above or is an
integral part of that equipment;or
(3)An integral part of such equipment.
c.For each covered "auto",should loss be limited
to electronic equipment only,our obligation to
pay for,repair,return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations,or $250,whichever deductible is
less.
9.EXTRA EXPENSE -BROADENED
COVERAGE
Under Paragraph A.-COVERAGE -of SECTION
III -PHYSICAL DAMAGE COVERAGE,we will
pay for the expense of returning a stolen covered
"auto"to you.
10.GLASS REPAIR -WAIVER OF DEDUCTIBLE
Under Paragraph D.-DEDUCTIBLE -of SECTION
III -PHYSICAL DAMAGE COVERAGE,the
following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
11.TWO OR MORE DEDUCTIBLES
Under Paragraph D.-DEDUCTIBLE -of SECTION
III -PHYSICAL DAMAGE COVERAGE,the
following is added:
If another Hartford Financial Services Group,
Inc.company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident",the following applies:
(1)If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible,it will be waived;
(2)If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest)deductible,it will be reduced by
the amount of the smaller (or smallest)
deductible.
12.AMENDED DUTIES IN THE EVENT OF
ACCIDENT,CLAIM,SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a.-
DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS -of SECTION IV -BUSINESS
AUTO CONDITIONS that you must notify us of
an "accident"applies only when the "accident"is
known to:
(1)You,if you are an individual;
(2)A partner,if you are a partnership;
(3)A member,if you are a limited liability
company;or
(4)An executive officer or insurance manager,if
you are a corporation.
13.UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy,we
will not deny coverage under this Coverage
Form because of such failure.
14.HIRED AUTO -COVERAGE TERRITORY
Paragraph e.of GENERAL CONDITIONS 7.-
POLICY PERIOD,COVERAGE TERRITORY -
of SECTION IV -BUSINESS AUTO
CONDITIONS is replaced by the following:
e.For short-term hired "autos",the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's"responsibility to pay damages for
"bodily injury"or "property damage"is
determined in a "suit,"the "suit"is brought in
the United States of America,the territories
and possessions of the United States of
America,Puerto Rico or Canada or in a
settlement we agree to.
15.WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US -of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
©2011,The Hartford(Includes copyrightedmaterial
FormHA9916 0312 ofISO Properties,Inc.,with itspermission.)Page 5 of 5 We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damagesunderthis CoverageForm.
16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS is replaced bythefollowing:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
17. EXTENDED CANCELLATIONCONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
exceptasfollows:
If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date ofcancellation.
18. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENTCOVERAGE
In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coveragesareamendedasfollows:
a.If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the "non-hybrid" auto’s
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced anda copy of a bill
ofsale or newlease agreement received byus
within 60calendardays ofthe date of"loss,"
c.Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss"is $10,000.
Forthepurposes ofthe coverageprovision,
a.A "non-hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricityor naturalgas.
b.A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors,which move the auto.
19. VEHICLE WRAPCOVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coveragesare amendedto addthefollowing:
In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
notconsideredvehicle wraps.
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CONTRACT / AGREEMENT FOR CITY MANAGER
SIGNATURE
Today’s Date _________
Contract/ Agreement with:
______________________________________________________________
Please checkmark if all requirements for this contract/agreement submission are complete or applicable.
yes no
____ ____ Procurement Process: Quotes Informal Bid Formal Bid (circle one) ____ ____ This contract/agreement has been reviewed by a city attorney. ____ ____ Scope of services are under $25,000.
____ ____ Has been approved by City Council as a budgeted project or otherwise . ____ ____ Reviewed and approved by the Procurement and Contract Specialist. ____ ____ All attachments included.
Projected Effective Date: _______________
NOTES: ______________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
Submitted by
________________________________
STC
Dustin Christensen
4 4
2/16/23
01/06/2026
Matsen Insurance Brokers, Inc.
3101 Concorde Drive, Suite C
McKinleyville CA 95519
Jacqueline Byrne
(707)444-9292 (707)444-9529
[email protected]
STC Traffic, Inc.
5973 Avenida Encinas, Suite #218
Carlsbad CA 92008
CM Vantage Specialty Ins Co 15872
Hartford Accident and Indemnity Company 22357
Endurance American Specialty Ins. Co.41718
Hartford Casualty Insurance Company 29424
Arch Insurance Company 11150
CL261616204
A Y Y CMV-PLI-0029523-05 01/01/2026 01/01/2027
1,000,000
300,000
Excluded
1,000,000
2,000,000
2,000,000
B Y Y 57UECBD3533 01/01/2026 01/01/2027
1,000,000
Underinsured motorist
combined single limit
1,000,000
C ELD30003063505 01/01/2026 01/01/2027
6,000,000
6,000,000
D Y Y 57WECGI9278 01/01/2026 01/01/2027 1,000,000
1,000,000
1,000,000
E Professional Liability PAAEP0173500 01/01/2026 01/01/2027 Each Claim $3,000,000
General Aggregate $3,000,000
Deductible $25,000
CITY OF BEAUMONT, its officials, employees and agents are to be covered as additional insureds on the General Liability per the attached form CA 20 10 04 13. Waiver of subrogation on the General Liability policy per the attached policy form CG 24 04 05 09. Coverage is primary per the attached form CA 20 01 04 13. Waiver of subrogation on the Workers Compensation policy per the attached form. 30 days notice of cancellation.
CITY OF BEAUMONT
550 E. 6th Street
Beaumont CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:
PRODUCER
(A/C, No, Ext):PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
POLICY NUMBER: CMV-PLI-0029523-05 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any person or organization whom you are required to
add as an additional insured to this policy under a written contract executed prior to the occurrence which results in bodily injury or property damage under Coverage A, or the offense which results in personal and advertising
injury under Coverage B.
All locations where your ongoing operations are
performed for any additional insured as specified in a
written contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A.Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1.Your acts or omissions; or
2.The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1.The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2.If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B.With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1.All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2.That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
C.With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1.Required by the contract or agreement; or
2.Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
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5
CITY OF BEAUMONT
COMMERCIAL AUTOMOBILE
HA99 160312
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD ITCAREFULLY. ©2011,The Hartford(Includes copyrightedmaterial
FormHA9916 0312 ofISO Properties,Inc.,withits permission.)Page 1of5
COMMERCIALAUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsementmodifies insuranceprovidedunderthe following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisionsof theCoverageForm,the provisionsof this endorsementapply.
1. BROAD FORMINSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amendedto include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the CoverageForm.
However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustionofits Limit ofInsurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does notincludeany
newly formedor acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insuranceunderany other policy,or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisitionor formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
youformed oracquiredtheorganization.
B. EmployeesasInsureds
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amendedto add:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
C. Lessorsas Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreementif:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto"is leasedwithouta driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto"you hire.
D. AdditionalInsuredifRequiredbyContract
(1) Paragraph A.1. - WHO IS AN INSURED
- of Section II - Liability Coverage is
amendedto add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such personor
organization is an "insured",but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
Insured with regard to the
ownership, maintenance or use of a
covered"auto."
©2011,The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties,Inc.,with its permission.)Page 2 of 5 The insurance afforded to any such
additional insured applies only if the
"bodily injury"or "property damage"
occurs:
(1)During the policy period,and
(2)Subsequent to the execution of such
written contract,and
(3)Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2)How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy,the
most we will pay on behalf of such
additional insured is the lesser of:
(a)The limits of insurance specified in
the written contract or written
agreement;or
(b)The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3)Additional Insureds Other Insurance
If we cover a claim or "suit"under this
Coverage Part that may also be covered
by other insurance available to an
additional insured,such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However,this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4)Duties in The Event Of Accident,Claim,
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy,the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2.-DUTIES IN THE
EVENT OF ACCIDENT,CLAIM ,SUIT
OR LOSS –OF SECTION IV –
BUSINESS AUTO CONDITIONS,in the
same manner as the Named Insured.
E.Primary and Non-Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in 1.D.-Additional
Insured If Required by Contract,the
following provisions apply:
(3)Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary.If other insurance is also
primary,we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(4)Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance,this
insurance is primary and we will not
seek contribution from that other
insurance.
Paragraphs (3)and (4)do not apply to other
insurance to which the additional insured
has been added as an additional insured.
When this insurance is excess,we will have no
duty to defend the insured against any "suit"if
any other insurer has a duty to defend the
insured against that "suit".If no other insurer
defends,we will undertake to do so,but we will
be entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance,we will pay only our share of the
amount of the loss,if any,that exceeds the sum
of:
(1)The total amount that all such other
insurance would pay for the loss in the
absence of this insurance;and
(2)The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss,if any,by the
method described in Other Insurance 5.d.
2.AUTOS RENTED BY EMPLOYEES
Any "auto"hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto"you hire.
The OTHER INSURANCE Condition is amended
by adding the following:
©2011,The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties,Inc.,with its permission.)Page 3 of 5 If an "employee’s"personal insurance also
applies on an excess basis to a covered "auto"
hired or rented by your "employee"on your
behalf and at your direction,this insurance will
be primary to the "employee’s"personal
insurance.
3.AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5.-FELLOW EMPLOYEE -of
SECTION II -LIABILITY COVERAGE does not
apply if you have workers'compensation
insurance in-force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
4.HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos"are covered "autos"for Liability
Coverage and if Comprehensive,Specified
Causes of Loss,or Collision coverages are
provided under this Coverage Form for any
"auto"you own,then the Physical Damage
Coverages provided are extended to "autos"you
hire or borrow,subject to the following limit.
The most we will pay for "loss"to any hired
"auto"is:
(1)$100,000;
(2)The actual cash value of the damaged or
stolen property at the time of the "loss";or
(3)The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest,minus a deductible.The
deductible will be equal to the largest deductible
applicable to any owned "auto"for that
coverage.No deductible applies to "loss"caused
by fire or lightning.Hired Auto Physical Damage
coverage is excess over any other collectible
insurance.Subject to the above limit,deductible
and excess provisions,we will provide coverage
equal to the broadest coverage applicable to any
covered "auto"you own.
We will also cover loss of use of the hired "auto"
if it results from an "accident",you are legally
liable and the lessor incurs an actual financial
loss,subject to a maximum of $1000 per
"accident".
This extension of coverage does not apply to
any "auto"you hire or borrow from any of your
"employees",partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.
5.PHYSICAL DAMAGE -ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a.of SECTION III -PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
6.LOAN/LEASE GAP COVERAGE
Under SECTION III -PHYSICAL DAMAGE
COVERAGE,in the event of a total "loss"to a
covered "auto",we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto"at the time of the "loss"
and the "outstanding balance"of the loan/lease.
"Outstanding balance"means the amount you
owe on the loan/lease at the time of "loss"less
any amounts representing taxes;overdue
payments;penalties,interest or charges
resulting from overdue payments;additional
mileage charges;excess wear and tear charges;
lease termination fees;security deposits not
returned by the lessor;costs for extended
warranties,credit life Insurance,health,accident
or disability insurance purchased with the loan or
lease;and carry-over balances from previous
loans or leases.
7.AIRBAG COVERAGE
Under Paragraph B.EXCLUSIONS -of
SECTION III -PHYSICAL DAMAGE
COVERAGE,the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
8.ELECTRONIC EQUIPMENT -BROADENED
COVERAGE
a.The exceptions to Paragraphs B.4 -
EXCLUSIONS -of SECTION III -PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c.and 4.d.do not apply to
equipment designed to be operated solely
by use of the power from the "auto's"
electrical system that,at the time of "loss",
is:
(1)Permanently installed in or upon
the covered "auto";
(2)Removable from a housing unit
which is permanently installed in
or upon the covered "auto";
(3)An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1)and (2)above;or
©2011,The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties,Inc.,with its permission.)Page 4 of 5 (4)Necessary for the normal
operation of the covered "auto"or
the monitoring of the covered
"auto's"operating system.
b.Section III –Version CA 00 01 03 10 of the
Business Auto Coverage Form,Physical
Damage Coverage,Limit of Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form,Physical
Damage Coverage,Limit of Insurance,
Paragraph C are each amended to add the
following:
$1,500 is the most we will pay for "loss"in
any one "accident"to all electronic
equipment (other than equipment designed
solely for the reproduction of sound,and
accessories used with such equipment)
that reproduces,receives or transmits
audio,visual or data signals which,at the
time of "loss",is:
(1)Permanently installed in or upon
the covered "auto"in a housing,
opening or other location that is not
normally used by the "auto"
manufacturer for the installation of
such equipment;
(2)Removable from a permanently
installed housing unit as described
in Paragraph 2.a.above or is an
integral part of that equipment;or
(3)An integral part of such equipment.
c.For each covered "auto",should loss be limited
to electronic equipment only,our obligation to
pay for,repair,return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations,or $250,whichever deductible is
less.
9.EXTRA EXPENSE -BROADENED
COVERAGE
Under Paragraph A.-COVERAGE -of SECTION
III -PHYSICAL DAMAGE COVERAGE,we will
pay for the expense of returning a stolen covered
"auto"to you.
10.GLASS REPAIR -WAIVER OF DEDUCTIBLE
Under Paragraph D.-DEDUCTIBLE -of SECTION
III -PHYSICAL DAMAGE COVERAGE,the
following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
11.TWO OR MORE DEDUCTIBLES
Under Paragraph D.-DEDUCTIBLE -of SECTION
III -PHYSICAL DAMAGE COVERAGE,the
following is added:
If another Hartford Financial Services Group,
Inc.company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident",the following applies:
(1)If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible,it will be waived;
(2)If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest)deductible,it will be reduced by
the amount of the smaller (or smallest)
deductible.
12.AMENDED DUTIES IN THE EVENT OF
ACCIDENT,CLAIM,SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a.-
DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS -of SECTION IV -BUSINESS
AUTO CONDITIONS that you must notify us of
an "accident"applies only when the "accident"is
known to:
(1)You,if you are an individual;
(2)A partner,if you are a partnership;
(3)A member,if you are a limited liability
company;or
(4)An executive officer or insurance manager,if
you are a corporation.
13.UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy,we
will not deny coverage under this Coverage
Form because of such failure.
14.HIRED AUTO -COVERAGE TERRITORY
Paragraph e.of GENERAL CONDITIONS 7.-
POLICY PERIOD,COVERAGE TERRITORY -
of SECTION IV -BUSINESS AUTO
CONDITIONS is replaced by the following:
e.For short-term hired "autos",the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's"responsibility to pay damages for
"bodily injury"or "property damage"is
determined in a "suit,"the "suit"is brought in
the United States of America,the territories
and possessions of the United States of
America,Puerto Rico or Canada or in a
settlement we agree to.
15.WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US -of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
©2011,The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties,Inc.,with its permission.)Page 5 of 5 We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
16.RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury"in SECTION V-
DEFINITIONS is replaced by the following:
"Bodily injury"means bodily injury,sickness or
disease sustained by any person,including
mental anguish or death resulting from any of
these.
17.EXTENDED CANCELLATION CONDITION
Paragraph 2.of the COMMON POLICY
CONDITIONS -CANCELLATION -applies
except as follows:
If we cancel for any reason other than
nonpayment of premium,we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
18.HYBRID,ELECTRIC,OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non-hybrid"auto
for which Comprehensive,Specified Causes of
Loss,or Collision coverages are provided under
this Coverage Form,then such Physical
Damage Coverages are amended as follows:
a.If the auto is replaced with a "hybrid"auto or
an auto powered solely by electricity or natural
gas,we will pay an additional 10%,to a
maximum of $2,500,of the "non-hybrid"auto’s
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
c.Regardless of the number of autos deemed a
total loss,the most we will pay under this
Hybrid,Electric,or Natural Gas Vehicle
Payment Coverage provision for any one
"loss"is $10,000.
For the purposes of the coverage provision,
a.A "non-hybrid"auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b.A "hybrid"auto is defined as an auto with an
internal combustion engine and one or more
electric motors;and that uses the internal
combustion engine and one or more electric
motors to move the auto,or the internal
combustion engine to charge one or more
electric motors,which move the auto.
19.VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto"for which
Comprehensive,Specified Causes of Loss,or
Collision coverages are provided under this
Coverage Form,then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto"at the
time of total loss.Regardless of the number of
autos deemed a total loss,the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss"is $5,000.For purposes of this
coverage provision,signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
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STC Traffic, Inc.
STC_AI Traffic Signal Design_26.01.28.docx 2
• The two Caltrans traffic signal locations on Highland Springs Ave are at the 10 Freeway eastbound and westbound Ramps intersections. These will require a Caltrans encroachment permit and individual plan sheets in the set. It’s difficult to assess what Caltrans will require, however in our experience Caltrans will require a demo plan, traffic signal modification plan, cabinet elevation/ detail plan, and traffic control plan. Caltrans will also require a “concept-of-operations” document and exception to state furnished signal control software (headquarters approval) for the controller and AI system. STC will coordinate with Caltrans District 8 traffic operations staff and engineers to obtain the permit, and this effort will require joint meetings between Caltrans and the City. There will be 6 plan sheets associated with work at the ramps, a concept of operations report, exception to state furnished software form, and permit processing. • Specifications and estimate. Specifications will be prepared utilizing the City’s current boilerplate contract docs, and the latest editions of the AASHTO Greenbook for Public Works Construction, Caltrans specifications, and City Standards. The specifications will include special provisions for the work in Caltrans right-of-way. Itemized cost estimates for construction will be prepared based on the design and quantities of material and equipment. Recent pricing from both equipment vendors and contractors will be researched to establish expected bid prices. The cost estimate will also be used to prepare the advertisement package bid list. STC will prepare a description of the work to be completed by the contractor for the advertisement.
Deliverables:
• The plan set will include 17 sheets: 11 sheets for City design and 6 sheets for Caltrans design. • Concept of operations document for the Caltrans ramps. • Caltrans exception to state furnished software.
• Specifications and construction cost estimate.
• Complete bid package for construction.
• Design reviews, revisions, Caltrans encroachment permit coordination, and meetings.
2. Systems implementation and integration support for Phase 1 Highland Springs Ave construction.
STC will provide systems engineering support during construction including but not limited to:
• Bid advertisement support, bidder questions, and bid reviews. • Pre-construction meeting and submittal reviews and RFIs, RFCs, and design changes (if any). • Communications network configuration parameters.
• Specialty inspection and integration/ implementation oversight and verification. • Central systems application integration support and coordination with system vendors. • Coordination with the City IT Department.
• Coordination with Caltrans D8.
• Regular project meetings.
STC will develop Synchro models for new coordination plans. These will be used as the base condition for the AI adaptive operation. Data will be collected and utilized to model peak period conditions. Caltrans will also require the analysis to demonstrate operations at the ramps. Phase 1 includes 11 traffic signals.
New signal timing coordination plans preparation includes:
• Synchro model of the corridor for four time periods.
• Data collection peak period and daily segment volumes. • CA MUTCD compliant basic timing values including pedestrian timing and clearance timing. • Controller format for the coordination timing plans and schedules based on ADT counts. • Controller/ program bench test and verify coordinated operation.
Staff Report
TO: Honorable Mayor and Members of the City Council
FROM:
BY:
Jennifer Ustation, Finance Director
Lisa Leach, CPA, Assistant Finance Director
DATE: February 17, 2026
SUBJECT: Professional Services Agreement – Spicer Consulting Group, LLC
Description: Award a Two-Year Contract to Spicer Consulting Group, LLC for CFD Administration, Special Tax Consulting, Annual Financial Reporting and Stax Property Finder Application.
Background and Analysis:
On February 7, 2023, City Council approved a three (3) year Professional Services Agreement (PSA) with Spicer Consulting Group, LLC to provide CFD administration and special tax consulting to directly assist the City in managing its CFD program. (Attachment B). Their service includes preparing budgets, tabulating the annual assessment, responding to property owner inquiries, preparing all regulatory reporting, and tracking payments for all the different assessments for the various CFD’s and improvement areas.
The Cities contract with Spicer Consulting Group, LLC expired on February 7, 2026.
Staff are recommending an additional two (2) year contract in accordance with Section
3.02.070 of the City’s Municipal Code. The new contract includes the Stax Property Finder Application Maintenance and support services. (Attachment A).
Fiscal Impact:
The Contract cost has been budgeted through the CFD Administrative Assessment fund GL 250-0000-7068-0000 with a 2% annual increase for the second year of the contract.
The cost of preparing this staff report was approximately $450.
Recommended Action:
Approve the two-year contract for Spicer Consulting Group, LLC Professional Services Agreement, with a total not to exceed cost of $528,628.68 for Community Facilities
District (CFD) Administration, Special Tax Consulting and Annual Financial Reporting Services and Stax Property Finder Application Maintenance and support services for the City of Beaumont.
Attachments:
A. Two Year Agreement for Professional Services Agreement (PSA) with Spicer Consulting Group, LLC.
B. Original Professional Services Agreement (PSA) with Spicer Consulting Group, LLC dated February 7, 2023
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1 AGREEMENT FOR PROFESSIONAL SERVICES FOR CFD ADMINISTRATIVE AND RELATED SERVICES BY SCG-SPICER CONSULTING GROUP LLC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the _____________, 2026 by and between the CITY OF BEAUMONT, a California municipal corporation (“City”) whose address is 550 E. 6th Street, Beaumont, California 92223, and SCG-Spicer Consulting Group LLC, a California Limited Liability Company whose address is 41880 Kalmia Street, Suite 145, Murrieta, CA 92562 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”
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 the following services: Community Facilities District (“CFD”) Administration, Formation, Annexation, Bond Sale Services, and STAX Property Finder Maintenance Services: and
B.Contractor has made a proposal (“Proposal”) to the City to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and
C.Contractor agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to City that Contractor possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:
1.Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate on September 30, 2028 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: Fiscal Impact Model Development and Fiscal Impact Analysis Review Services in
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2 accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Shane Spicer as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement.
Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.
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 prior written consent of City.
4. Compensation.
4.01 Contractor shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by City to Contractor under this Agreement shall not exceed the amount of Five Hundred Twenty-Eight Thousand Six Hundred Twenty- Eight Dollars and Sixty-Eight Cents ($528,628.68).
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. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
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,
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3 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 that purport to bind the City other than the Services to be rendered and the hourly rate 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. Contractor will determine the method, details, and means of performing the Services under this Agreement.
5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.
5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.
5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein.
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4 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, the most stringent shall apply.
5.11 Contractor shall keep itself informed concerning and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered.
5.12 By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the conditions, circumstances, difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such facts and shall not proceed except at Contractor’s sole risk until written instructions are received from the Project Manager.
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5 Contractor warrants all Services under the Agreement to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor ’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor ’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor ’s obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.
In the event that Contractor fails to fulfil its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Services and any work damaged by such services or the replacement or correction thereof at Contractor ’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
5.13 Time is of the essence in the performance of this Agreement.
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
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6 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 insurance 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 insurance 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 insurance 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 __; 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, 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 City, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to City evidencing.
6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
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7 i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. 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 the 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 the same.
7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A:VII”. The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
Contractor acknowledges and agrees that that all insurance coverage required to be provided by Contractor or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes
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8 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.
7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the 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 defend, 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 and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.
Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.
b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
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9 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.
9. Additional Services, Changes and Deletions.
9.01. In the event Contractor performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Contractor shall not be compensated for such services. Contractor expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.
9.02 Contractor shall promptly advise the City Manager and Finance Director of City as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City and/or City Council.
10. Termination of Agreement.
10.01. Notwithstanding any other provision of this Agreement, City, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to Contractor.
10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original
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10 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 or Project Manager as provided for in this Agreement.
11.02 Contractor agrees that it is not entitled to the rights and benefits afforded to City’s employees, including disability or unemployment insurance, Workers’ Compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, Workers’ Compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 Contractor hereby specifically represents and warrants to City that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the City is located. Further, Contractor represents and warrants that the individual signing this Agreement on behalf of Contractor has the full authority to bind Contractor to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.
12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.
Contractor shall not use such 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.
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11 12.03 Contractor shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City’s agents for examination all of such records and shall permit City’s agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 Contractor covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
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12 13.07 Contractor has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Contractor agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Contractor shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by City. The City, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the City with respect to the proposal and award process of this Agreement or any City contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any City contract has been awarded. Contractor shall immediately report any attempt by any City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor.
13.09 Severability. If any portion, section, sentence, provision or paragraph 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. Contractor shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, if applicable 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 City 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 City 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.
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13 4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1776 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
13.11 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.
13.12 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
13.13 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
13.14 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purpose of this Agreement.
13.15 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
13.16 Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all
C26-09
14 instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified neither party shall be responsible for the service of the other.
13.17 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein.
13.18 Counterparts. This Agreement may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
13.18 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
C26-09
EXHIBIT "A"-1
EXHIBIT “A”
PROPOSAL
Via Electronic Mail
February 11, 2026
Ms. Jennifer Ustation
Finance Director
City of Beaumont
550 E. Sixth Street
Beaumont, CA 92223
RE: Community FaciliƟes District AdministraƟon, FormaƟon, AnnexaƟon, Bond Sale Services, and STAX Property Finder Maintenance - Fiscal Years 2026-27 and 2027-28 Dear Ms. Usta on:
Spicer Consul ng Group, LLC (“SCG”) is pleased to submit this proposal to provide Community Facili es District (“CFD”) Administra on, Special Tax Consulng, Op onal CFD Forma on and Annexaon Services, Op onal Bond Issuance Services, and STAX Property Finder Applica on Maintenance services to the City of Beaumont (“City”) for a two-year term covering Fiscal Years 2026-27 and 2027-28.
This proposal is intended to establish a new professional services contract for the above-referenced term and reflects SCG’s con nued commitment to providing comprehensive, accurate, and responsive administra on of the City’s special financing districts.
BACKGROUND AND APPROACH
SCG has extensive experience serving public agencies throughout California in the administra on and implementa on of Community Facili es Districts and related special financing programs. SCG has developed a comprehensive understanding of the City’s CFD structure, Rate and Method of Appor onment documents, bonded debt obliga ons, maintenance service requirements, and statutory repor ng obliga ons.
SCG works closely with Finance, Community Development, Public Works, legal counsel, and development teams to ensure accurate annual levy prepara on, transparent repor ng, and compliance with all applicable statutory and regulatory requirements.
As development ac vity con nues within the City, the CFD program requires consistent administra on, accurate special tax calcula ons, mely repor ng, and proac ve coordinaon. SCG’s approach emphasizes:
•Accuracy and consistency in special tax calcula ons and enrollments •Proac ve compliance with State and federal reporng requirements •Clear documenta on and audit-ready work products
•Predictable, transparent fee structures for both the City and development community •Responsible property owner support and public transparency EXHIBIT "A"
EXHIBIT "A"-2Page 208 of 493
Ms. Jennifer Usta on
City of Beaumont
SCOPE OF SERVICES
Under this proposal, SCG will provide a comprehensive suite of services related to the administra on and implementa on of the City’s special financing districts for Fiscal Years 2026–27 and 2027–28.
Services include, but are not limited to:
• Annual administra on of bonded and non-bonded Community Facili es Districts • Calcula on and appor onment of special taxes in accordance with adopted Rate and Method of Appor onment documents
• Annual levy prepara on, enrollment, and coordina on with the County Auditor-Controller • Prepara on of statutory and con nuing disclosure reports, including AB 1666, AB 2109, SB 165, and CDIAC filings
• Delinquency monitoring and coordina on
• Property owner support, disclosures, and payoff calcula ons • Op onal CFD forma on, annexa on, and bond issuance consulng services, as authorized by the City
• Ongoing STAX Property Finder Applica on Maintenance and support A detailed descrip on of services is provided in Exhibit A - Scope of Services, which is incorporated herein by reference.
STAX PROPERTY FINDER APPLICATION SUPPORT
As part of this proposal, SCG will con nue to provide maintenance and support services for the City’s STAX Property Finder applica on. The applica on serves as an important public-facing tool, allowing City staff, property owners, tle companies, and the public to access parcel-level informa on related to CFDs and special taxes.
STAX Property Finder support includes maintaining current district data, incorpora ng newly formed or annexed districts, upda ng special tax informa on, and providing technical support necessary to ensure con nued func onality and accuracy. This service enhances transparency and reduces staff workload related to rou ne property tax inquiries.
OPTIONAL SERVICES
At the City’s discre on and upon wrien authoriza on, SCG may provide addi onal services to support development-related financing ac vi es, including:
• CFD forma on services for new development areas
• CFD annexa on services for residen al, commercial, maintenance, and safety service districts • Bond issuance support services, including prepara on of financing tables and consultant cer fica ons
Op onal services allow the City to respond efficiently to development ac vity while maintaining consistent financing structures and methodologies across projects.
COMPENSATION
The fees reflected in Exhibit B for Fiscal Year 2026-27 include a two percent (2%) escala on from prior rates.
EXHIBIT "A"
EXHIBIT "A"-3Page 209 of 493
Ms. Jennifer Usta on
City of Beaumont
Fees for Fiscal Year 2027-28 shall be subject to an addi onal two percent (2%) annual escala on applied to the Fiscal Year 2026-27 rates.
The annual administra on, STAX Property Finder maintenance, and op onal service fees are structured to provide predictability and transparency for the City and development community.
Billing shall be performed in accordance with the terms of the new professional services agreement to be executed between the City and SCG.
TERM
The proposed contract term shall cover Fiscal Years 2026-27 and 2027-28.
CONCLUSION
SCG appreciates the opportunity to con nue suppor ng the City of Beaumont’s special financing programs. We remain commi ed to delivering high-quality, responsive, and compliant services while serving as a trusted advisor to City staff.
It is our objective to provide the City with a high-quality work product while being solution oriented, and value added. We look forward to working with the City on this exciting project and establishing a long- standing relationship. If you have any questions regarding our proposal, or if additional information is needed, please contact me directly at (951) 520-3331 or email me at [email protected].
Sincerely,
Spicer Consulting Group
Shane Spicer
Managing Director
EXHIBIT "A"
EXHIBIT "A"-4Page 210 of 493
EXHIBIT A – SCOPE OF SERVICES
FY 2026–27 Administrative Extension
Pursuant to Agreement No. C23-02, this Exhibit A defines the Scope of Services to be provided by Spicer Consulting Group, LLC (“SCG”) to the City of Beaumont (“City”) for Fiscal Year 2026-27. Services shall be performed upon request of the City and in accordance with the terms and conditions of the Agreement.
Community Facilities District Administration - Bonded
Spicer Consulting Group understands that the City currently has one Community Facilities Districts (Bonded). We propose to provide the following services:
1. Debt Service Component: SCG will coordinate with the City’s fiscal agent to review debt service schedules and determine the amount needed to pay principal and interest on the outstanding bonds and any administrative expenses are recovered through the annual special tax levies. We independently maintain a debt service schedule for each Bonded District as quality assurance and verify the appropriate debt service amounts are identified.
Deliverables: Current debt service schedules.
2. Calculation of Special Taxes: SCG will annually calculate and apportion the special taxes for each District in accordance with the Rate and Method of Apportionment (RMA) of the Special Tax. The annual calculation will consist of assigning the special tax classes to each parcel within the District per the RMA and determine the special tax amount that will satisfy the special tax requirement. Deliverables: Annual tax rolls.
3. Annual Levy Preparation and Submittal: SCG will determine the Annual Levy requirement for the current Fiscal Year on or before August 1st. SCG will calculate and prepare the annual levy for the Districts in a format and media acceptable for direct submission to the Riverside County Auditor-Controller's Office, including the enabling resolution, prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as necessary. Deliverables: Levy detail reports.
4. Resubmittals and Adjusted Property Tax Bills: If any changes to the secured tax roll necessitate corrections/revisions after the deadline, SCG will research, recalculate and, with the City approval, rectify the issue.
We will notify the City of the assessor’s parcel numbers that were rejected by the County and therefore may not be assessed. Deliverables: Resubmittals to County.
5. Toll Free Property Owner Services: SCG will provide a toll-free telephone number, of SCG designation, for inclusion on the regular property tax billing next to the specific line item to facilitate contact with the public, field inquiries concerning Community Facilities District, special taxes and provide payoff calculations, if requested. City Staff may also refer property owners, title companies and other interested parties to that toll-free number regarding the special tax proceedings and annual installments. Bilingual staff members are also available for Spanish speaking property owners.
6. Annual Levy Report: Once SCG has finalized and submitted the levies to the County, SCG will provide to the City an Levy Report for the annual special tax enrollments for the Districts. These reports will provide the City a full listing of the parcels levied for each District including total dollar amount enrolled and any information relevant to the calculation of the special tax. Deliverables: Annual levy report.
7. Disclosure for Prospective Property Purchases: SCG will assist City staff with providing the proper disclosure of Assessment information for prospective property purchases as required by Sections 53340.2 (b) and 53341.5 of the State of California Government Code. Deliverables: Property disclosure report.
8. Annual Continuing Disclosure: SCG will prepare Annual Continuing Disclosure Reports that meet the guidelines of the Continuing Disclosure requirements for each District as stated by the continuing disclosure certificate under SEC Rule 15c-12(b)(5). SCG will provide this report to the City for review and approval. Upon approval SCG will disseminate the reports with the Municipal Securities Rule Making Board (MSRB) using Electronic Municipal Market Access (EMMA) and to any other party directed by the applicable continuing disclosure agreement. Deliverables:
Annual Continuing Disclosure report.
9. Bond Call: SCG will perform an analysis to determine the par amount of the bonds to be called, to calculate any applicable premium, and to determine which maturities to call from and prepare a revised debt service EXHIBIT "A"
EXHIBIT "A"-5Page 211 of 493
EXHIBIT A – SCOPE OF SERVICES
schedule. SCG will coordinate the bond call with the Fiscal Agent/Trustee to ensure that bonds are called per the redemption provisions of the bond issue. Deliverables: Bond Call analysis.
10. Release of Lien: SCG will prepare the Release of Lien, required by Revenue and Taxation Code 163, upon confirmation a prepayment has been made by the property owner. SCG will record the release within five (5) days of receiving the signed release and provide a copy to the City. Deliverables: Recorded Notice of Lien Cancellation.
11. Foreclosure Coordination (Bonded Districts Only): SCG will assist in preparing documents submitted by the City requesting authorization of foreclosure action. This includes preparation and recordation of the Notice of Intent to Commence Foreclosure, preparation of Exhibits for the Resolution commencing foreclosure, and coordination of the removal of the assessments approved for foreclosure from the tax roll. SCG will provide delinquent amounts (including penalty and interest at the time the foreclosure is transferred) to City staff.
12. Bond Rating Agencies: SCG will assist City staff in providing information to bond rating agencies when needed.
13. Current and Future CFD Laws: SCG is well versed in all case laws approved affecting assessment and special tax districts. We continue to attend educational seminars and conferences and discuss these issues with other industry professionals on an annual basis. SCG will provide City Staff with periodic updates as new case law is approved and keep the City in compliance with all statutory and regulatory laws related to the City’s special finance districts.
14. Notice of Special Tax: SCG will provide and record a Notice of Special Tax Disclosure as required by California Government Code Sections 53340.2(b) and 53341.5. Deliverables: Notice of Special Tax.
15. Delinquency Monitoring: SCG will provide delinquency management services to the City regarding their Districts. SCG will monitor delinquencies as required for the Annual Continuing Disclosure agreement and provide delinquency reporting for aging and current statuses, prepare notifications to property owners, coordinate with the City and Foreclosure Counsel, assist in the collection process, and help monitor any payment plans.
Deliverables: Delinquency detail and summary reports.
16. Asset Management Services: SCG will work with the City in estimating future capital asset replacement, as required by staff. SCG will assist the City in identifying the inventory of capital assets being maintained by the City’s maintenance services districts. During the budget review process SCG will work with City Staff to determine the appropriate replacement amounts needed to be included in the levy for the following fiscal year. SCG can assist the City in mapping the location of these facilities within each Special Financing District (Optional Services).
Deliverables: Asset management levy budgets.
17. SB 165 Reporting: SCG will provide all materials to assist the City in preparing reports for the legislation that was approved in 2001 requiring additional reporting requirements outlined in Section 53411 of the Government Code (a) and (b). Deliverables: SB 165 reports.
18. AB 2109: SCG will prepare all reports for the City’s approval of any State and/or Federal reporting requirements including the Assembly Bill 2109, if applicable. Deliverables: AB 2109 reports.
19. California Debt and Investment Advisory Commission (CDIAC): SCG will prepare all reports for the City’s approval of any State and/or Federal reporting requirements pertaining to each District including the California Debt and Investment Advisory Commission (CDIAC), if applicable. Deliverables: CDIAC reports.
20. Annual Reporting AB 1666: SCG will provide an Annual Report (AB 1666) to the City which will include identification of the Community Facilities District (CFD) administrative cost items eligible for the recovery by the public agency, review of fund balances and any surplus/deficit funds, debt service requirements, delinquency reporting, and a cover letter providing any related recommendations or issues. The report will include a series of schedules, including a District summary that will be useful for City staff to reference. Deliverables: AB 1666 annual report.
21. Meetings: SCG will attend City Meetings, Public Hearings, and/or staff meetings annually as determined by the City for the annual enrollment. We will attend additional hearings and public meetings as required by the appropriate improvement act(s) fully prepared to present all necessary testimony and to respond to all public comments.
EXHIBIT "A"
EXHIBIT "A"-6Page 212 of 493
EXHIBIT A – SCOPE OF SERVICES
22. Data Collection: SCG has the latest assessor’s parcel maps and equalized tax roll information from the Riverside County Assessor’s Office, including Geographic Information System (GIS) shape files for the parcels within the Districts. The database will include final tract and/or parcel map recordation information, building permits, and the appropriate building and parcel information, as well as certificate of compliance information for properties within each District to be used for the calculation of the annual district assessments and made readily viewable using a KML file accessible and searchable, including APN and street address, using Google Earth. Deliverables:
Updated district database.
23. Budget Review: SCG will review each District budget provided by the City and coordinate with City staff to assist with accurate cost-recovery accounting, incorporating the actual maintenance costs into the District budget to achieve maximum cost-to-benefit equity. Deliverables: Annual levy budgets.
24. Annual Enrollment Correspondence: SCG will prepare all Proposition 218 compliance forms for each fund number utilized by the City for the Auditor-Controller’s Office, as well as any summary statements and authorized signature forms. SCG will identify and discuss with City staff any legislation impacts and changes made to the documents. Deliverables: Proposition 218 forms.
25. Handbills: SCG will prepare and mail hand bills for those parcels the County does not generate a tax bill. The hand bills would include the City letterhead, invoices with two (2) installments, and would be payable to the directly to the City. Deliverables: Handbills.
26. Prepayment Calculation: SCG will calculate the special tax prepayment amount for a parcel(s) and provide any additional information as requested related thereto. The party requesting the calculation shall pay the fee of any prepayment calculation. Deliverables: Payoff Quotes.
Community Facilities District Administration – Non-Bonded Spicer Consulting Group understands that the City currently has two Community Facilities Districts (Non-Bonded).
We propose to provide the following services:
1. Calculation of Special Taxes: SCG will annually calculate and apportion the special taxes for each District in accordance with the Rate and Method of Apportionment (RMA) of the Special Tax. The annual calculation will consist of assigning the special tax classes to each parcel within the District per the RMA and determine the special tax amount that will satisfy the special tax requirement. Deliverables: Special Tax detail report.
2. Annual Levy Preparation and Submittal: SCG will determine the Annual Levy requirement for the current Fiscal Year on or before August 1st. SCG will calculate and prepare the annual levy for the Districts in a format and media acceptable for direct submission to the Riverside County Auditor-Controller's Office, including the enabling resolution, prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as necessary. Deliverables: Enrollment packages and submittal of packages to County.
3. Resubmittals and Adjusted Property Tax Bills: If any changes to the secured tax roll necessitate corrections/revisions after the deadline, SCG will research, recalculate and, with the City approval, rectify the issue.
We will notify the City of the assessor’s parcel numbers that were rejected by the County and therefore may not be assessed. Deliverables: Resubmittals to County.
4. Toll Free Property Owner Services: SCG will provide a toll-free telephone number, of SCG designation, for inclusion on the regular property tax billing next to the specific line item to facilitate contact with the public, field inquiries concerning Community Facilities District, special taxes and provide payoff calculations, if requested. City Staff may also refer property owners, title companies and other interested parties to that toll-free number regarding the special tax proceedings and annual installments. Bilingual staff members are also available for Spanish speaking property owners. Deliverables: Periodic call log report.
5. Annual Levy Report: Once SCG has finalized and submitted the levies to the County, SCG will provide to the City an Levy Report for the annual special tax enrollments for the Districts. These reports will provide the City a full listing of the parcels levied for each District including total dollar amount enrolled and any information relevant to the calculation of the special tax. Deliverables: Annual levy report.
EXHIBIT "A"
EXHIBIT "A"-7Page 213 of 493
EXHIBIT A – SCOPE OF SERVICES
6. Disclosure for Prospective Property Purchases: SCG will assist City staff with providing the proper disclosure of Assessment information for prospective property purchases as required by Sections 53340.2 (b) and 53341.5 of the State of California Government Code. Deliverables: Property disclosure report.
7. Administration and Assistance with Compliance: SCG is well versed in all case laws approved affecting assessment and special tax districts. We continue to attend educational seminars and conferences and discuss these issues with other industry professionals on an annual basis. SCG will provide City Staff with periodic updates as new case law is approved and keep the City in compliance with all statutory and regulatory laws related to the City’s special finance districts.
8. Asset Management: SCG will work with the City in estimating future capital asset replacement, as required by staff. SCG will assist the City in identifying the inventory of capital assets being maintained by the City’s maintenance services districts. During the budget review process SCG will work with City Staff to determine the appropriate replacement amounts needed to be included in the levy for the following fiscal year. SCG can assist the City in mapping the location of these facilities within each Special Financing District (Optional Services).
OPTIONAL SERVICES
CFD FORMATION SERVICES
Kickoff Meeting and Gathering Information: SCG will participate in regular meetings relating to the financing of the project. We will work to establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City and the project’s needs. SCG will meet with the City’s Staff, legal counsel, team of consultants and project proponents to confirm the CFD’s schedule of events, procedural and financial considerations, establish the appropriate land use classifications and discuss and identify the boundaries of the proposed CFD.
Data Collection: SCG will obtain the latest assessor’s parcel maps and equalized tax roll information from the Riverside County Assessor’s Office for the parcels within the proposed District, and Geographic Information System (GIS) shape files for creating the database and for mapping the proposed boundaries of the CFD.
Tax Spread: SCG will recommend a special tax structure by establishing a Special Tax formula for the necessary revenues to cover the approved public facilities improvement costs including administrative costs. Based on the proposed structure of the Special Tax formula, SCG will determine the appropriate methodology for allocating the costs to the various land use classifications and maintain consistency with the previously approved methodology of the City’s Goals and Policy for public financing.
Rate and Method of Apportionment: SCG will prepare a proposed Rate and Method of Apportionment (RMA) that takes into consideration the various land use classifications, tax zones and improvement areas, and provides the necessary flexibility for a variety of developments to be included in the CFD. The RMA will take into consideration:
clarity of language in the definition of terms, ability of the property to be assigned to different tax classifications, and presence of a mechanism to levy taxes in the event of a change in projects and usage.
Public Report Preparation: SCG will prepare the CFD public report, including a description of the facilities to be included and projected annual special tax and present it to the City Council at the Public Hearing Boundary Map: SCG will prepare the Boundary Map illustrating the boundaries of territory proposed for inclusion in the district capturing the entirety of any parcel subject to taxation by the proposed district. The map shall meet the requirements of the Mello-Roos Act and the Riverside County Recorder’s Office. Additionally, SCG will record the map with the Recorder’s Office on behalf of the City.
Document Review and Preparation: SCG will review and prepare the required documents for the formation of the CFD. SCG will also assist the formation team in reviewing staff reports, resolutions, election materials and bond / EXHIBIT "A"
EXHIBIT "A"-8Page 214 of 493
EXHIBIT A – SCOPE OF SERVICES
legal documents for the formation of the CFD. SCG will assist in document preparation related to the CFD formation, presentation to the City Council, rating agencies, investors, and other stake holders as appropriate.
Notice of Special Tax Lien: SCG will prepare and provide a list of Assessor’s Parcels for the Notice of Special Tax Lien and records the notices.
Landowner Election: SCG will prepare a list of the owner names and acreages and obtain a certificate from the Registrar of Voters whether confirming there are, or are not, registered voters within the boundaries of the CFD.
Consulting Services: SCG will provide consulting services and advice to the City as necessary, including due diligence to ensure accuracy in the process and clear written documentation in our approach when structuring the Rate and Method of Apportionment and the Special Tax roll. SCG will assist with other duties as assigned by the City and /or its financial advisor.
CFD ANNEXATION SERVICES
Gathering Information: SCG will meet with the City’s Staff, legal counsel, team of consultants and project proponents to confirm the annexation schedule of events, procedural and financial considerations, establish the appropriate land use classifications, and discuss and identify the boundaries of the proposed annexation.
Data Collection: SCG will obtain the latest assessor’s parcel maps and equalized tax roll information from the Riverside County Assessor’s Office for the parcels within the proposed Districts, and Geographic Information System (GIS) shape files or the annexation.
Maintenance Data: SCG will coordinate with the City in determining what the necessary levels of services that would be required for proper allocation per the Rate and Method of Apportionment for the annexation.
Maintenance Tax Rates: SCG will establish a Special Tax Rates for each annexation determining the necessary revenues to cover operations and maintenance costs including administrative costs. Based on the structure of the Special Tax formula, SCG will determine the appropriate methodology for allocating the costs to the various land use classifications consistent with the previously approved methodology of the City’s landscape, lighting, street, parks, and drainage maintenance programs.
Annexation Boundary Map: SCG will prepare the Annexation Boundary Map, illustrating the boundaries of territory proposed for inclusion in the district, capturing the entirety of any parcel subject to taxation by the district. The map shall meet the requirements of the Mello-Roos Act and the Riverside County Recorder’s Office. Additionally, SCG will record the map with the Recorder’s Office.
Consulting Services: SCG will provide consulting services and advice to the City as necessary. This includes due diligence to ensure accuracy in the process, and provide clear written documentation in our approach to structuring the Rate and Method of Apportionment and the Special Tax roll. To assure and maintain quality assurance, SCG has instituted an internal auditing and review policy that requires a minimum of two individuals with the appropriate expertise to review and audit any information prior to dissemination of that information to the client.
Meetings: SCG will attend two (2) informal meetings or hearings held for the purpose of disseminating information to the public, including attending property owner meetings requested for property owner associations (POA) that may request to annex into the CFD. Prior to such meetings or hearings, SCG will be prepared to make a complete and factual presentation. We will also attend two (2) public meetings, as required by the appropriate improvement act(s), fully prepared to present necessary testimony and respond to public comments.
Landowner Election: SCG will prepare a list of the owner names and acreages and obtain a certificate from the Registrar of Voters whether confirming there are, or are not, registered voters within the boundaries of the annexation.
EXHIBIT "A"
EXHIBIT "A"-9Page 215 of 493
EXHIBIT A – SCOPE OF SERVICES
Notice of Special Tax Lien: SCG will provide a list of Assessor’s Parcel for the Notice of Special Tax Lien and record the notices
BOND ISSUANCE SERVICES
Kickoff Meeting and Gathering Information: The purpose of this task is to establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City’s needs. SCG will meet with City Staff, legal counsel, team of consultants and project proponents to confirm the CFD’s schedule of events, procedural and financial considerations, establish the appropriate land use classifications and discuss and identify the boundaries of the proposed CFD.
Data Collection: SCG will obtain the latest assessor’s parcel maps and equalized tax roll information from the Riverside County Assessor’s Office for the parcels within the proposed District, and Geographic Information System (GIS) shape files for our in-house GIS platform.
Bond Documents Table Preparation and Review: SCG will prepare and provide final calculation to the finance team for inclusion in the Preliminary Official Statement (POS) and Official Statement (OS) to include: i) Maximum special tax coverage; ii) Value-to-lien computations; iii) Overlapping debt table; and iv) Effective tax rate schedules. SCG will review the POS, OS and other legal documents as they relate to any items included in the CFD Public Report, the boundary map and any tables SCG provides.
Vicinity Map: SCG will prepare a location and area map for inclusion in the POS and OS.
Special Tax Certificate: SCG will prepare and sign the Special Tax Consultant Certificate that certifies that the maximum special tax rates are sufficient to meet debt service requirements and coverage ratios for bonds to be issued.
STAX PROPERTY FINDER APPLICATION MAINTENANCE SERVICES
SCG shall provide ongoing STAX Property Finder Application Maintenance and Support services for the City’s Community Facilities Districts, including:
• Hosting, maintenance, and administration of the STAX Property Finder application • Annual updates to parcel-level CFD data, special tax rates, and district information • Integration of new districts, annexations, or changes authorized by the City • Public-facing access to parcel-specific CFD and special tax information • Coordination with City staff to ensure accuracy and consistency of displayed data • Technical support related to application functionality • Minor configuration updates necessary to maintain system operability Application enhancements, software development, or major feature additions beyond routine maintenance shall be provided only upon written authorization and billed on a time-and-materials basis in accordance with the Agreement.
EXHIBIT "A"
EXHIBIT "A"-10Page 216 of 493
EXHIBIT B - COMPENSATION
Annual Administration/Annual Levy/Reporting
Service
No. IA/
Districts
Fee per
IA/District Total(1)
Community Facilities Districts - Facilities 39 $3,714.23 $144,854.97 Community Facilities Districts - Services 44 $1,125.94 $51,793.24 Total 83 $196,648.21
(1) The Annual Administration fee shown above following FY 2026-27 shall increase annually by 2% Special Reporting Services
Service
Est. No.
Districts
Total
Fee
SB 165 – Local Agency Tax & Bond Accountability 39 Included SB 1029 – CDIAC Accountability Reports 39 Included
AB 2109 – Controller Parcel Tax Reports 39 Included
AB 1666 – CFD Annual Reports 39 Included
Total $0.00
STAX Property Finder
Description No. Districts Per District Total
Maintenance Support 83 $187.27 $15,543.41
(1) The Maintenance Support fee shown above following FY 2026-27 shall increase annually by 2% Optional Formation Services
Service Fee
CFD Formation Services $ 25,000
Optional CFD Annexation Services
Service (per District/Issue) Fee
Public Safety CFD Annexation Services $7,500
Maintenance CFD Annexations Services
Residential (0-20 units) $5,000
Residential (20+ units) $10,000
Non-residential $10,000
Optional Bond Sale Services
Service (per District/Issue) Fee
Bond Sale Services $25,000
Hourly Rates
Title Rate
Principal $265
Senior Associate $185
Associate $145
Mapping Technician $135
Administrative Support $90
EXHIBIT "A"
EXHIBIT "A"-11Page 217 of 493
EXHIBIT B - COMPENSATION
Special District Fee Detail for FY 2026-27
District Name Fee STAX District Name Fee STAX
CFD No. 93-1 IA 3 $3,714.23 $187.27 CFD No. 93-1 IA 17A $3,714.23 $187.27 CFD No. 93-1 IA 3 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 17A SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 6A $3,714.23 $187.27 CFD No. 93-1 IA 17B $3,714.23 $187.27 CFD No. 93-1 IA 6A1 $3,714.23 $187.27 CFD No. 93-1 IA 17B SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 6A1 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 17C $3,714.23 $187.27 CFD No. 93-1 IA 7A1 $3,714.23 $187.27 CFD No. 93-1 IA 17C SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 7A1 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 17D $3,714.23 $187.27 CFD No. 93-1 IA 7B $3,714.23 $187.27 CFD No. 93-1 IA 17D SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 7B SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 18 $3,714.23 $187.27 CFD No. 93-1 IA 7C $3,714.23 $187.27 CFD No. 93-1 IA 18 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 7C SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 19A $3,714.23 $187.27 CFD No. 93-1 IA 7D $3,714.23 $187.27 CFD No. 93-1 IA 19A SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 7D SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 19C $3,714.23 $187.27 CFD No. 93-1 IA 8 $3,714.23 $187.27 CFD No. 93-1 IA 19C SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 8 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 20 $3,714.23 $187.27 CFD No. 93-1 IA 8A $3,714.23 $187.27 CFD No. 93-1 IA 20 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 8A SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 23 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 8B $3,714.23 $187.27 CFD No. 2016-1 $3,714.23 $187.27 CFD No. 93-1 IA 8B SERVICE $1,125.94 $187.27 CFD No. 2016-1 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 8C $3,714.23 $187.27 CFD No. 2016-2 $3,714.23 $187.27 CFD No. 93-1 IA 8C SERVICE $1,125.94 $187.27 CFD No. 2016-2 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 8D $3,714.23 $187.27 CFD No. 2016-2 PUBLIC SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 8D SERVICE $1,125.94 $187.27 CFD No. 2016-3 $3,714.23 $187.27 CFD No. 93-1 IA 8E $3,714.23 $187.27 CFD No. 2016-3 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 8E SERVICE $1,125.94 $187.27 CFD No. 2016-3 PUBLIC SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 8F $3,714.23 $187.27 CFD No. 2016-4 $3,714.23 $187.27 CFD No. 93-1 IA 8F SERVICE $1,125.94 $187.27 CFD No. 2016-4 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 9 $3,714.23 $187.27 CFD No. 2016-4 PUBLIC SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 9 SERVICE $1,125.94 $187.27 CFD No. 2018-1 PUBLIC SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 10A $3,714.23 $187.27 CFD No. 2019-1 $3,714.23 $187.27 CFD No. 93-1 IA 10A SERVICE $1,125.94 $187.27 CFD No. 2019-1 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 11 $3,714.23 $187.27 CFD No. 2019-1 PUBLIC SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 11 SERVICE $1,125.94 $187.27 CFD No. 2021-1 $3,714.23 $187.27 CFD No. 93-1 IA 12A $3,714.23 $187.27 CFD No. 2021-1 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 12A SERVICE $1,125.94 $187.27 CFD No. 2021-1 PUBLIC SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 13 $1,125.94 $187.27 CFD No. 2023-1 IA 1 $3,714.23 $187.27 CFD No. 93-1 IA 14 $3,714.23 $187.27 CFD No. 2023-1 IA 2 $3,714.23 $187.27 CFD No. 93-1 IA 14 SERVICE $1,125.94 $187.27 CFD No. 2023-1 SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 14A $3,714.23 $187.27 CFD No. 2023-1 PUBLIC SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 14B $3,714.23 $187.27 CFD No. 2025-1 $3,714.23 $187.27 CFD No. 93-1 IA 15 SERVICE $1,125.94 $187.27 CFD No. 2025-S PUBLIC SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 16 $3,714.23 $187.27 CFD No. 2025-M SERVICE $1,125.94 $187.27 CFD No. 93-1 IA 16 SERVICE $1,125.94 $187.27
EXHIBIT "A"
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EXHIBIT “B”
CERTIFICATES OF INSURANCE
02/02/2026
The Liberty Company Insurance Brokers
Lic #0D79653
25220 Hancock Ave, Suite 230
Murrieta CA 92562
Jenni Streicher
(951)290-5040 (951)290-5054
[email protected]
SCG-Spicer Consulting Group, LLC
41880 Kalmia St
Ste 145
Murrieta CA 92562-8837
Travelers Casualty Ins Company of America, A+, XV 19046 Cal Auto Ins Company, A, XIV 38342
Travelers Property Casualty Co of America, A+, XV 25674 Lloyds of London 85202
25/26 GL BA WC Prof
A Y Y 6802H870106 05/31/2025 05/31/2026
2,000,000
300,000
5,000
2,000,000
4,000,000
4,000,000
B Y Y BA040000059364 05/31/2025 05/31/2026
1,000,000
C Y Y UB9P270352 05/31/2025 05/31/2026 1,000,000
1,000,000
1,000,000
D Professional Liability
Retro date 5/31/16 MPL175558025 05/31/2025 05/31/2026
Limit per Claim $2,000,000
Aggregate Limit $2,000,000
Retention $10,000
The City of Beaumont, its elected and appointed officers, employees, agents, and volunteers are named as additional insured as required by written contract with respect to General Liability and Auto Liability, per forms CGD105 0494 and MCA20480711, waiver of subrogation applies where required by written contract to General Liability per form CGD842 0219, to Auto Liability per form MCA04440913 and to Workers Compensation per form WC990376. *30 days Notice of Cancellation, except 10 days for non-payment of premium City of Beaumont
550 E. 6th Street
Beaumont CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:
PRODUCER
(A/C, No, Ext):PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
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MCA20480711
BABAI01#Insured#George Lee George Lee George Lee George Lee George Lee George Lee George Lee George Lee THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
The following is added to the Section II - Liability Coverage, Paragraph A.1. Who Is An Insured Provision:
Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II.
EXHIBIT "B"
EXHIBIT "B"-7Page 225 of 493
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
SECTION IV – BUSINESSS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, the following is added:
We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any “accident” or “loss”, provided that the “accident” or “loss” arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.
MCA04440913
EXHIBIT "B"
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1 AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 7th day of February 2023, by and between the CITY OF BEAUMONT (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and SPICER CONSULTING GROUP, LLC, whose address is 41880 Kalmia Street, Suite 145, Murrieta, CA 92562 (“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 Community Facilities District (CFD) Annual Administration, Special Tax Consulting and Annual Financial Reporting Services and
B. CONTRACTOR has made a proposal (“Proposal”) to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. Thi s Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after three (3) years unless extended by the parties with the approval of the City Council of the CITY.
2. Services to be Performed. CONTRACTOR agrees to provide the services (“Services”) as follows: Community Facilities District (CFD) Annual Administration, Special Tax Consulting and Annual Financial Reporting Services per Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Shane Spicer as CONTRACTOR’S professional(s) responsible for overseeing the Services provided by CONTRACTOR. CONTRACTOR shall not be asked to provide and shall not provide municipal advisor services or financial advice to CITY related to the CFD’s. CITY will rely on its municipal advisor, Urban Futures, Inc. or a subsequently retained municipal advisor, for financial advice related to CFD’s and not upon CONTRACTOR.
3.Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however,
2 that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
4.Compensation.
4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed One Hundred Eighty Thousand, One Dollar and Zero Cents ($180,001.00) for Fiscal Year 2023-24. The Annual Administration fee shall increase annually by a maximum of two (2) percent.
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
3 personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR’s failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR’s employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY’s advance written approval.
5.09 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug-Free 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.
4 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.
6.04 Optional Insurance Coverage. Choose and check one: Required _X_ /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.
7. General Conditions pertaining to Insurance Coverage
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03. All required policies shall be issued by a highly rated insurer with a minimum
5 A.M. Best rating of “A:VII”). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY’s protection without CITY’s prior written consent.
7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
8. Indemnification.
8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.
Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.
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.
6 All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b.Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.
The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR’S proportionate percentage of fault.
9. Additional Services, Changes and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.
10.Termination of Agreement.
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR for
7 undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement.
Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.
11.Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR’s own way as an independent contractor, and in pursuit of CONTRACTOR’s independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY’s City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY’s employees, including disability or unemployment insurance, workers’ compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers’ compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.
12.Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY’s sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this 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
8 years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY’s agents for examination all of such records and shall permit CITY’s agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY’s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.
CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
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
EXHIBIT “A”
PROPOSAL
COMMUNITY FACILITIES DISTRICT ANNUAL ADMINISTRA TION, SPECIAL TAX CONSULTING,
AND ANNUAL FINANCIAL REPORTING SERVICES
DECEMBER 22, 2022
C I T Y OF B E A U M O N T
R EQUEST FOR PROPOSAL (#FIN #22-04)
Table of Contents
Sections Page _____________________________________________ A. Cover Letter ________________________________________________ i B. Statement of Understanding __________________________________________ 1 C. Company Information _______________________________________________ 1 D. Key Personnel Qualifications, Experience, and Knowledge _________________ 2 E. Work Plan ________________________________________________ 6 F. Fee Proposal _______________________________________________ 13 G. Similar Services with Other Public Agencies ____________________________ 14 H. References _______________________________________________ 17 I. Subconsultants _______________________________________________ 17 J. Conflicts _______________________________________________ 17
Attachments Page _____________________________________________ A Community Facilities District GIS Map ___________________________________
December 22, 2022
Ms. Grace Wichert
Procurement and Contracts Specialist
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
RE: RFP – Community Facilities District Annual Administration Services, Special Tax Consulting Services, and Annual Financial Reporting (RFP #FIN #22-04) Dear Ms. Wichert:
Thank you for considering Spicer Consulting Group (SCG) for providing Community Facilities District Annual Administration Services, Special Tax Consulting Services, and Annual Financial Reporting Services to the City of Beaumont (City). SCG is pleased to submit this Request for Proposal (RFP) and we appreciate the opportunity to continue to partner with the City for these important services. We believe you will find that the team at SCG possesses a unique understanding of the City’s service needs and expectations with our project managers having previous experience in providing these similar services throughout Riverside County and for the City previously.
Our project manager had previously worked closely with the City from 2014 to 2016 before deciding to open SCG and have an appreciation for the City’s financial situation and operational challenges. Currently, SCG is providing these same services to nine (9) public agencies within Riverside, San Bernardino, and San Diego Counties. These services include enrolling assessments and special taxes for 622 separate fund numbers on more than 774,000 parcels totaling more than $124 million for Fiscal Year 2022-23.
We are confident the qualifications and expertise of our staff are an excellent match for the scope of work required for the City’s Annual Administration, Special Tax Consulting, and Reporting Services. We can provide the work product according to the stated timeline. Our greatest attribute is maintaining a trusting relationship with our clients where they rely upon us to provide sound counsel on all matters regarding Special District Financing. We work as an extension of City staff to find solutions to the many financing challenges facing these local agencies, including infrastructure financing and maintenance services.
Of particular note, here are just a few to mention:
Our experience enables us to provide recommendations we have seen work with other agencies as well as identify others that would be most successful with the City’s unique set of circumstances that come with a rapidly growing communities throughout the City. Our project managers approach to providing consulting services is to be solution oriented and value added.
Our team is extremely qualified to provide the proposed scope of work and by selecting SCG, the City can expect the following:
Ms. Grace Wichert
City of Beaumont
Commitment - We are committed to providing an exemplary level of service with accuracy and cost effectively.
Our team is ready and able to serve the City. Upon award of the contract engaging our services we have an estimated 28% workload capacity to allow for additional time allocation as periodic workload demands may require. This means the City will be given the attention to detail required by the entire team, from Project Manager to GIS Specialist. This will ensure that the City can confidently rely upon our highly qualified and trained staff to perform all functions of Special Tax Assessment Management Services.
Experienced Team - The project team at SCG possesses a tremendous amount of experience in calculating, levying, and reporting for these types of Special Districts. Shane Spicer will act as Lead Project Manager, for the City’s Special Districts. Shane will be the City’s day-to-day contact and will be responsible for the accurate and timely delivery of work product, attendance, and participation at team meetings. We bring with us the expertise of having worked with over 50 local agencies with hundreds of Districts primarily in Southern California. SCG will provide the City an elevated level of quality assurance, senior level experience, and best practice applications based on our understanding of the City’s goals and policies.
Comprehensive Solution - We will work with City Staff in a seamless transition of the work and establish a workflow that meets the City’s objectives, and will provide a comprehensive solution to all matters related to the City’s various District needs, including administration, formation, and annexation services. SCG will be positioned to provide additional support services to the City to provide a comprehensive, collaborative, and organized approach in managing the financing challenges facing the City. SCG will help City staff prepare a program that will enable them to better plan for the future.
Quality Services – SCG strives to exceed our clients’ expectations with every service we provide. Our proposal outlines the process we use to audit the work we assume for each assignment, as well as our own ongoing annual administration process utilizing the latest technology and sound business practices. Our team has built a reputation of optimizing vital revenues for local agencies for providing municipal services while protecting the interests of the constituents to ensure that local dollars are being used efficiently and cost effectively for infrastructure. We are certain that SCG will provide the highest level of service the City deserves.
SCG is excited to have the opportunity to work and collaborate with the City and establishing a strong working relationship founded on trust and integrity. If you have any questions during the period of evaluation or thereafter, please feel free to contact Shane Spicer directly at (951) 520-3331, via email at [email protected].
Sincerely,
Spicer Consulting Group
Shane Spicer
Managing Director
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B. Statement of Understanding
SCG understands the City of Beaumont utilizes consulting services to perform Annual Administration Services, Special Tax Consulting Services, and Annual Financial Reporting Services for various Districts within the City. These Districts include; i) Community Facilities District No. 93-1 which contains 42 (Bonded) Improvement Areas, 38 (Non-Bonded) Service Areas and seven CFD’s 2016-1, 2016-2, 2016-3, 2016-4, 2018-1, 2019-1, and 2021-1 that provide authorized facilities such as sewer and water facilities, fire stations, park and recreation facilities, along with maintenance and public safety services throughout the City. See Attachment A for an illustration of all the City’s CFDs generated by our GIS platform using tax enrollment data provided by our in-house STAX software.
SCG specializes in Formation, Administration and Annexation services to local agencies with Special Districts. Through the years, our associates have administered more than 622 Districts annually for more than 50 local agencies. SCG is currently administering a diverse list of Special Districts including, ADs, CFDs, LMDs, CSAs and parcel taxes including the preparation of annual reports, calculations of special taxes and assessments, submission of annual levies, audit of special funds, and response to property owner inquiries of such services.
Our project managers have intimate working knowledge of the service needs and expectations of the City of Beaumont having previous experience in providing the annual Special Tax Consulting Services for the City’s Districts. It is critical that the consultant providing these services truly works as an extension of the City’s senior management staff to insure an accurate work product and a high-level of service delivery.
C. Company Information
Spicer Consulting Group, LLC (SCG) is a public finance consulting firm with an office in Temecula, California that specializes in forming and administering special financing districts in Southern California. SCG was founded in 2016 by experienced finance professionals with more than thirty-six years in the municipal finance industry. We are a privately held organization that works exclusively for public agencies and not private developers. Our main focus is partnering with our clients to identify innovative and sound financing solutions that meet the needs of their community, and not on reporting to shareholders.
Our goal at SCG is to be the premier municipal finance consulting group in the industry. We are committed to exceeding our client’s expectations on every aspect of service we provide them. This is evident in the testimonials we have received regarding the experience our clients have had while working with our team. Our project team has a proven track record and possess the ability and commitment to deliver the requested services in an exemplary manner to the City.
Company Name: Spicer Consulting Group, LLC
Address: 41619 Margarita Road, Suite 101, Temecula, CA 92591 Main Office Number: (855) 581-0743
Property Owners Tax Line: (866) 504-2067
Email Address: [email protected]
Number of Employees: 7 full time Associates
Business Type: Limited Liability Company (LLC)
Service: Assessment Engineering, Special Tax Consulting Website: www.spicercg.com
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“Our primary objective is to be solution oriented
and value added”.
We have built a reputation in the industry as possessing key project managers that consistently deliver a top-quality product, on time and within budget. Our management team are industry leaders in all aspects of municipal services and infrastructure financing, including annual administration of special financing districts.
SCG provides local public agencies the following types of services listed below; including but not limited to;
Administration Services
Budget Preparation
Debt Service Schedule Maintenance
Bond Call Analysis
Prepare Preliminary and Final Engineer’s Reports
Annual Levy Enrollment
Tax Roll Billing
Delinquency Monitoring
Municipal Disclosure Reporting
Annual Report Preparation
Property Owner Call Support
Consulting Services
Community Facilities District Formation
Rate and Method of Apportionment Development
Tax Rate Analysis
Cost Estimating
Refunding Consulting
CFD/LMD Annexation Services
Assessment District Formation
Assessment Spread Allocation
Bond Sale Table Preparation
Public Hearing Presentations
D. Key Personnel Qualifications, Experience, and Knowledge SCG is staffed with seasoned professionals who provide our clients with the best possible results. The SCG staff is fully knowledgeable with all changes to laws, codes, and regulations affecting local governments such as the recent enhanced disclosure requirements of AB 2109, AB 1666, and SB 1029.
Our project team has a proven track record and possess the ability and commitment to deliver the requested services in an exemplary manner to the City. A full description of this team is included below. Our team has the reputation of working with our clients as partners by developing an intimate knowledge of their needs and responding with strategic and timely solutions.
Shane Spicer will serve as Project Manager. Shane has a strong technical and professional background with municipal agencies which make him well versed with the ability to serve the best interests of the City. He also provides comprehensive services related to formations and bond transactions including single facilities district and multiple improvement area new money bond issuances, bond refinancing’s, and senior and subordinate structured financings. Shane will be the day-to-day contact for City Staff, be responsible for maintaining the project schedules, and insure timely delivery of all products. Shane will work with City Staff to ensure a successful outcome of this
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project from beginning to end. This will include a strict adherence to the project schedule that will be developed and maintained at the project’s onset.
Melissa Bellitire will serve as Quality Assurance/Quality Control (QA/QC) Manager. Melissa’s experience, expertise, and commitment to client service makes her best suited to serve as QA/QC Manager for this project. Ms. Bellitire has also participated in several formations, municipal bond transactions, annexations, and change proceedings for Special Districts.
She has been instrumental in coordinating with the agency staff, and legal counsel to ensure deliverables are accurate and timely. She also managed several new money and refunding’s for CFD special tax bonds, totaling more than $150 million dollars.
Jonathan Short will serve as Senior Financial Analyst to provide analytical support to Shane. Jonathan will work closely with our project manager to develop complete and accurate reports, perform complex analytical models, and participate in our quality assurance process. His ability to analyze a request and plan an efficient approach to produce accurate results makes him an integral part of this team.
James Kim will serve as Assistant Analyst to provide parcel change and delinquency monitoring support. James will work and assist in the document review process to ensure our quality assurance control process is adhered to. James will also provide technical support for compliance with the continuing disclosure requirements. James has tremendous amount of experience in establishing sound protocols, procedures, and compliance from his extensive legal experience as a staff attorney.
Jack Curtright will serve as the GIS Specialist to provide GIS mapping support to Shane. Mr. Curtright has over 21 years of experience in Geographic Information Systems. He is proficient using Esri's State-of-the-Art GIS technology to prepare map exhibits for documents and reports. He has been involved with projects which required geo-referencing engineering drawings and historical maps to create GIS data to represent an existing water system, data creation and maintenance, integration of CAD data, Python scripting to automate tedious tasks, and the web-based deployment platform ArcGIS Online, including the retrieval of drawings and documents and the use of Story maps. Jack produces all of the audit maps for the annual reports prepared for our clients, as well as boundary maps / assessment diagrams for recording with local counties, and the production of KML (Google Earth) files for research and marketing purposes.
Mikel Spicer will serve as Assistant Analyst and GIS Mapping Technician. Mikel will be providing analytical support and assist in preparing GIS maps including data extraction, analytics, and script programming. Mikel will be able to coordinate the data provided from the City and our proprietary software solution to accurately and efficiently support the team for all deliverables.
Christina Ramirez will serve as Project Coordinator to provide support to the Project Manager and Jonathan Short. Christina will also be key in our Property Owner Support Services for the Spanish speaking constituents within the City. Christina is fluent in Spanish which will serve well for the Hispanic or Latino population in the City to answer any concerns.
All key personnel are available and committed to the City for its duration. Below is a brief description of each member’s experience, expertise, work allocation for providing Special Tax Consultant Services to the City, and available capacity after award of the contract. Based on the below information SCG has an estimated 28% workload capacity to allow for additional time allocation as periodic workload demands may require. Essentially, our team has the expertise, knowledge, and available resources to complete the proposed scope of work, accurately, on time, and within budget.
Associate Staff Classification
Years
Experience Responsibility
City Work
Allocation
Available
Capacity (1)
Shane Spicer Project Manager 18 Formation, Bonds, Admin 15% 37% Melissa Bellitire QA/QC Manager 18 Quality Assurance 8% 28% Jonathan Short Senior Analyst 7 Administration 30% 16%
James Kim Assistant Analyst 3 Administration 17% 18%
Jack Curtright GIS Specialist 21 GIS Mapping 5% 39%
Mikel Spicer Assistant Analyst 4 Administration/Mapping 17% 18% Christina Ramirez Assistant Analyst 3 Project Coordinator 8% 37% 68 100% 28%
(1) Reflects the remaining available workload capacity after SCG has been awarded the work for the City.
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SHANE SPICER
Mr. Spicer has been providing land secured finance consulting services to a variety of public agencies throughout the state of California. He has been assisting these agencies with their formation, bond sales, and administration for special financing districts including
Assessment Districts, Community Facilities Districts, County Service Areas and Landscape and Lighting Maintenance Districts. Mr. Spicer specializes in working with public agencies to identify viable revenue opportunities to establish these special financing districts to provide vital infrastructure and/or services to their communities. Mr. Spicer has been providing these services for more than thirteen years. His experience includes working with the County of Riverside, Riverside County Flood Control and Water Conservation District, and City of Beaumont, among dozens of cities, counties, and special district agencies.
Mr. Spicer has specialized in providing formation services through establishing more than 40 facilities and services financing districts for municipalities. Mr. Spicer has participated in forming capital facilities Community Facilities Districts for the largest land secured financing agencies in the State of California. He has worked with the City of Corona, City of Wildomar, City of Desert Hot Springs, City of Santee, Ventura County Flood Control District, City of Menifee, Jurupa Community Services District, and the City of Lake Elsinore in establishing maintenance services districts for landscaping, lighting, drainage, etc.
Mr. Spicer has recently assisted many agencies including, City of Beaumont, City of Corona, City of Wildomar, City of Menifee, and the City of Lake Elsinore in establishing public safety and fire Community Facilities Districts.
Mr. Spicer has also participated in a number of municipal bond transactions totaling more than $300M in debt issuances.
Mr. Spicer provides comprehensive services related to these bond transactions which have included single facilities district and multiple improvement area new money bond issuances, bond refinancing’s, and senior and subordinate structured financings.
In addition to providing formation and bond sale support services Mr. Spicer has worked with several municipalities to provide sound business practices for administering these special financing districts. Mr. Spicer has been involved in all aspects of the administration process working with these public agencies from identifying missing revenues, establishing comprehensive disclosure policies, insuring accurate tax enrollments, including acting as a liaison to inform and educate the community and the legislative body of any issues they may be facing with their special financing program.
Professional Background:
Managing Director and founding member of SCG – Spicer Consulting Group, LLC June 2016- Present
Director at Albert A. Webb Associates
May 2006 – June 2016
Financial Analyst at NBS Government Finance Group
August 2004 – May 2006
Professional Organizations:
Member of California Society of Municipal Finance Officers (CSMFO) Member of Government Finance Officers Association (GFOA) Member of Commission on Assessments Special Tax and Other Financing Facilities (CASTOFF)
California Special Districts Association (CSDA)
Education:
MBA, Business Administration, Emphasis in Finance
California State University San Bernardino
BS, Physical Science, Emphasis in Mathematics
California Baptist College
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MELISSA BELLITIRE
Ms. Melissa Bellitire provides ongoing administration services to municipalities in Southern California counties for their special financing districts. Currently, Ms. Bellitire is the Project Manager for the City of Lake Elsinore which was named the fastest growing City in California between 2012 and 2013 with an increase of 50,000 more residents. The City currently has more than 40 Community Facilities Districts, one Assessment District, two Landscape and Lighting Districts and three Safety Tax measures totally over $26 million in revenues.
She specializes in administering multiple 1915 Act Assessment Districts, 1982 Community Facility Districts, 1972 Landscape and Lighting Maintenance Districts, Citywide Special Tax Districts, NPDES Storm Water Discharge Districts, 1982 Benefit Assessment Districts, and Tax Roll Billings for Refuse Collection and Nuisance Abatement Services. In aggregate, Ms. Bellitire was responsible for maintaining approximately 785,000 parcels which generated $50 million dollars in special financing revenues annually. Ms. Bellitire has served as the Project Manager for the City of Wildomar, Riverside County Executive Office, Riverside County Flood Control and Water Conservation District, City of Riverside, City of Desert Hot Springs, City of Menifee, and the City of Santee.
Ms. Bellitire has also participated in several formations, municipal bond transactions, annexations, and change proceedings for Special Districts. She has been instrumental in processing LLMD and CFD annexations, coordinating with the agency staff, legal counsel, and the property owners to process these accurately and in a timely manner. She also managed several new money and refunding’s for CFD special tax bonds, totaling more than $150 million dollars.
Ms. Bellitire’s ongoing administration duties include; day to day interaction with clients, meeting with Agency staff members, annual budget analysis for each District, preparation of the projects schedules and providing cost estimates, calculation of bond calls, database maintenance including research parcel changes, preparing Council resolutions and staff reports; attending Board of Supervisor/City Council meetings, attendance of public hearings, annually calculating, apportioning and submitting the assessments/special taxes to the Auditor-Controller; preparing GIS Audit Maps for each District to ensure all eligible parcels were applied to the secured roll, researching parcel exemptions and sending direct invoices to parcels not applied to the secured roll; title company requests for demand/release of liens, answering property owner inquiries; delinquency management monitoring and foreclosure recommendations if needed; close out analysis for Districts that are reaching maturity, interpreting method of apportionments and performing the reallocation of liens; preparation of the Annual Engineer’s Report, CDIAC Reporting and SB 1029 Reporting, Annual Reporting AB 1666, Annual Continuing Disclosure Reports, Senate Bill 165 compliance reports in adherence to SEC requirements, State Controllers Reporting with AB 2109 requirements and maintaining on-going communication with the clients.
Professional Background:
Managing Director and founding member of SCG – Spicer Consulting Group, LLC June 2016- Present
Finance Manager at Albert A. Webb Associates
March 2007 – April 2016
Financial Analyst at NBS Government Finance Group
May 2004 – March 2007
Professional Organizations:
Member of California Society of Municipal Finance Officers (CSMFO) Member of 2018 Host Committee for Riverside Conference (CSMFO) Member of Government Finance Officers Association (GFOA) Member of Commission on Assessments Special Tax and Other Financing Facilities (CASTOFF)
Member of Women in Public Finance (WPF) Los Angeles and San Diego Chapters Education:
BS, Business Administration, Emphasis in Finance
California State University San Marcos
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JONATHAN SHORT
Mr. Jonathan Short provides ongoing administration services to municipalities in Southern California counties for their special financing districts. Recently, Mr. Short served as the Project Manager for Riverside County Executive Office, City of Riverside, City of Wildomar, and the City of Atascadero. Mr. Short provided Formation and Administration Services to the City of Riverside for their Special Districts. For Fiscal Year 2017-18, he participated in the placement of more than 250,000 charges generating roughly $40 million in special financing revenues. Jonathan spent eight years in the United States Marine Corps gaining invaluable experience in leadership, work ethic, and attention to detail. He is a valued asset to our clients and to the SCG Team.
Mr. Short ongoing administration duties include; day to day interaction with clients, annual budget analysis for each District, preparation of the projects schedules and providing cost estimates, database maintenance including research parcel changes, preparing Council resolutions and staff reports; attending Board of Supervisor/City Council meetings, annually calculating apportioning and submitting the assessments/special taxes to the Auditor-Controller; preparing GIS Audit Maps for each District to ensure all eligible parcels were applied to the secured roll, answering property owner inquiries; delinquency management monitoring.
E. Work Plan
Approach
SCG’s approach to providing consulting services is to establish a strong working relationship built on trust and confidence in our abilities. We accomplish this by consistently delivering a high quality and accurate work product, provide City Staff with manager level support, and demonstrate a strong understanding of the City’s Districts and economic needs.
Our team has successfully transitioned this work on multiple occasions and has established a process that will have virtually no impact on City Staff. Throughout the entire process, we will continue to monitor the schedule, communicate with the City, conduct the initial audit, prepare the levy for submittal, and coordinate the preparation of reports while adhering to our internal quality control procedures. Our guiding principles include: effective communication, timely coordination, quality assurance, qualified experience, and comprehensive service.
SCG offers all-inclusive Annual Administration Services, Special Tax Consulting Services, and Annual Financial Reporting Services that are factored into both our scope of work and the estimated costs to provide these services. SCG provides a comprehensive approach to these services managing every step including but not limited to the below:
Kick-off Meeting – SCG will schedule a Kickoff Meeting beginning each March with City Staff. At that meeting, we will establish the appropriate lines of communication and provide a detailed timeline that includes all milestones, party responsibilities and deliverables.
Professional Background:
Associate Analyst at SCG – Spicer Consulting Group, LLC October 2016- Present
Assistant Financial Analyst at Albert A. Webb Associates June 2015 – October 2016
United States Marine Corps - Veteran
July 2003 – July 2011
Professional Organizations:
Member of California Society of Municipal Finance Officers (CSMFO) Education:
BS, Business Administration, Emphasis in Finance
California State Polytechnic University – Pomona
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Budgeting and Reporting – SCG will coordinate a meeting with the various departments to discuss the City budget and the discrete components of each District. SCG will provide a framework of the budgets for the various Districts to be completed, and provide drafts reporting to review for form and content. SCG will be in communication with City Staff to complete the Annual Reports and all Municipal Disclosure Reporting.
Levy Calculation - Using SCG resources, we will review the secured roll parcel data and communicate any changes to City Staff as new development occurs, and upon approval from City Council submit the levies to the County Auditor’s Office on or before the August deadline.
To assure and maintain quality assurance, SCG instituted an internal audit and review protocol that requires a minimum of three reviews of any deliverable product. It is our goal to provide these deliverables ahead of the deadline to allow City Staff sufficient time to review and approve.
Specifically, the annual levy enrollment process requires an acute attention to detail in order to manage thousands of records and ensure accuracy. A significant function of our annual levy quality assurance is the use of our annual Levy Audit Maps utilizing GIS technology.
Work Statement
As previously stated, SCG specializes in Formation, Bond Issuance, and Administration services to local agencies with Districts. Upon award of the contract, SCG will begin immediately transitioning the information/documentation, recreating the prior year’s levy and performing an audit of the Special Districts to insure the work transfer is complete, with little impact to City Staff. Once SCG has obtained the necessary information, SCG will schedule a meeting to review the annual levy process with City Staff. At that meeting we will establish the appropriate lines of communication and provide a detailed timeline that includes all milestones, party responsibilities and deliverables.
SCG will provide a framework of the budgets for the various Districts to be completed, drafts of Staff Reports, and Resolutions to review for form and content. SCG will be in communication with City Staff to complete the budgets, Disclosure Reports, and add any new information relevant to the current year’s levy including new zones anticipated to receive services.
Using SCG resources we will review the secured roll parcel data and communicate any changes to City Staff as new development occurs. SCG will coordinate the completion of Staff Reports, Resolutions, Map Exhibits, and other agenda items with City Staff and the City Attorney for City Council meetings. SCG will attend the meetings and upon approval from City Council submit the levies to the County Auditor’s Office by the August deadline.
SCG is staffed with seasoned professionals who provide our clients with the best possible results. The SCG staff is fully knowledgeable with all changes to laws, codes, and regulations affecting local governments such as the recent enhanced disclosure requirements of AB 2109, AB 1666, and SB 1029. Our team has the reputation of working with our clients as partners by developing an intimate knowledge of their needs and responding with strategic and timely solutions. While working with the City of Beaumont, our project managers have worked well as a contributing member of the City’s finance team.
It is our experience that given the economic difficulties many public agencies continue to realize City Staff does not have the time or manpower to do things more than once. SCG provides the senior level experience that is key to avoiding mistakes, insuring timely delivery, and truly acting as an extension of staff.
SCG possesses a strong understanding of the City’s goals and policies and all aspects associated with each of the City’s Districts. Often times these funds are critical to the City’s ability to provide a quality service to the community. SCG has extensive experience working with the Riverside County Auditor/Controller’s Office, and the Riverside County Assessor’s Office and Tax Collector and has direct access to real-time tax information through the County’s database system. This experience and our prior working relationship allows us to have a deep appreciation and understanding of the City’s Districts.
Given the unique challenges facing the City regarding its Districts SCG has taken great consideration in determining the best way to serve your community. We will provide the highest level of professionalism and transparency regarding the Annual Financial Reporting Services. We believe you will find that this team possesses a unique understanding of the City’s “Do it right the first time”. A three level
review of ALL our products and
deliverables are incorporated to identify
potential errors and avoid costly and time
consuming mistakes.
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financial situation and operational challenges and will be able to add a level of review and transparency relating specifically to these services.
Below is a typical administrative timeline outlining the typical service, milestones, and deliverables due:
Due Date Description
Party
Responsible Deliverable
January SCG provides the City with AB 1666 Reporting SCG AB 1666 January SCG provides the City with AB 2109 Data for State Controller Reporting SCG AB 2109 March Kick Off Meeting All Timeline
May Budgets to SCG City Staff Budgets
June Staff Report / Resolutions Materials for City Council SCG ROI Materials July Staff Report / Resolution of Public Hearing SCG PH Materials July City Staff provides SCG signed Resolutions approving the Special Taxes City Staff Resolutions July SCG prepares Prop 218 Compliance Letter to be signed by City Staff SCG Prop 218 Letter August SCG submits the resolution and enrollments to the County Auditor-Controller SCG Levies to County August SCG submits any parcel rejects to the County Auditor-Controller SCG September SCG provides City with final enrollment reports SCG Levy Detail Reports October SCG provides the City with CDIAC Reporting SCG CDIAC October SCG provides the City with SB 1029 Reporting SCG SB 1029 November SCG provides the City with SB 165 Reporting SCG SB 165 December SCG provides the City with Continuing Disclosure Reporting and dissemination SCG Disclosure
Technological Support
STAX It is our goal to provide these deliverables ahead of the deadline to allow City Staff sufficient time to review and approve. Specifically, the annual levy enrollment process requires an acute attention to detail in order to manage thousands of records and ensure accuracy. SCG has invested in the development of our proprietary software system named Spicer TAX System (STAX). This software solution uses a SQL Server database structure that allows us to maintain large amounts of data and provide current and historical property information to our associates. We rely on this system to provide various detailed and summary report information to our team. STAX allows our associates to manage property owner call logs, annual levy calculations, annual budget information, annual levy submittals, delinquency detail and summary information, debt services schedules, and agency summary information for the Special Districts we administer.
GIS Platform and Mapping Another significant function of our annual levy quality assurance is the use of our annual Levy Audit Maps utilizing GIS technology. Our Project Managers were the first in the industry to utilize GIS as a tool for auditing the annual levy process. SCG has integrated GIS auditing into the annual levy process and provides its clients with both data files and mapping files that can be loaded on the agencies GIS platform for reference. See Attachment A for a sample GIS map of the City’s CFDs.
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City of Beaumont
CFD Annual Administration, Special Tax Consulting, and Annual Financial Reporting Services RFP #FIN #22-04
Scope of Services
Spicer Consulting Group understands that the City currently has Community Facilities District No. 93-1 which contains 33 (Bonded) Improvement Areas, 29 (Non-Bonded) Service Areas and seven CFD’s 2016-1, 2016-2, 2016-3, 2016-4, 2018-1, 2019-1, and 2021-1 that provide authorized facilities such as sewer and water facilities, fire stations, park and recreation facilities, along with maintenance and public safety services throughout the City. We propose to provide the following services listed below:
A. Policy and Procedure Review: SCG will review the existing administrative policies and procedures to ensure efficiency and compliance with regulatory code and make recommendations to ensure conformity and suggest best practices which are consistent with the City’s Goals and Policies for CFDs.
B. Data Collection: SCG will obtain the latest assessor’s parcel maps and equalized tax roll information from the Riverside County Assessor’s Office, for the parcels within the Districts. The database will include current year, historical tax roll information, parcel classifications, property ownership information, land use, final tract and/or parcel map recordation information, building permit data, and the appropriate building and parcel information, as well as certificate of compliance information for properties within each District. The database will be updated annually.
C. Maps and Visual Aids: SCG has the latest assessor’s parcel maps and equalized tax roll information from the Riverside County Assessor’s Office, including Geographic Information System (GIS) shape files for the parcels within the Districts. The database will include final tract and/or parcel map recordation information, building permits, and the appropriate building and parcel information, as well as certificate of compliance information for properties within each District to be used for the calculation of the annual district assessments and made readily viewable using a KML file accessible and searchable, including APN and street address, using Google Earth. Additionally, each CFD Improvement Area will be prepared in a PDF format that contain the boundary, parcels levied, not levied, exempt, non- taxable illustrated in the map.
D. Meeting Attendance: SCG will attend all City Meetings, Public Hearings, and/or staff meetings annually as determined by the City related to the BFA’s CFD program, at a minimum of one meeting per month. We will attend additional hearings and public meetings as required by the appropriate improvement act(s) fully prepared to present all necessary testimony and to respond to all public comments. SCG will also assist in preparing any relevant materials for outreach presentations.
• Timeline: As a result of this meeting, SCG will prepare and maintain a timeline identifying the sequence of events, responsibilities, and due dates and be in constant communication with City Staff of these requirements. Periodic adjustments will be made to address the City’s scheduling requirements or proposed District changes.
E. Budget Preparation and Review: SCG will review each District budget provided by the City and coordinate with City staff to assist with accurate cost-recovery accounting, incorporating the actual maintenance costs into the District budget to achieve maximum cost-to-benefit equity. SCG will assist the City with the calculation of any applicable coverage (Pay-Go funds) or any reserve requirement replenishment.
F. Annual Enrollment Documentation/Correspondence: SCG will prepare all Proposition 218 compliance forms for each fund number utilized by the City for the Auditor-Controller’s Office, as well as any summary statements and authorized signature forms. SCG will identify and discuss with City Staff any legislation impacts and changes made to the documents.
• Annual Levy Report: SCG will prepare any necessary documentation required for assessments of the special assessment to be submitted to the County for enrollment. SCG will also provide the City with a Levy Report for the annual assessment enrollments for the Districts. These reports will provide the City a full listing of the parcels levied for each District including information relevant to the calculation of the assessment.
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City of Beaumont
CFD Annual Administration, Special Tax Consulting, and Annual Financial Reporting Services RFP #FIN #22-04
G. Direct Bills: SCG will prepare and mail hand bills for those parcels the County does not generate a tax bill. The handbills would include the City letterhead, invoices with two (2) installments, and would be payable directly to the City.
H. Annual Levy Preparation and Submittal: SCG will determine the Annual Levy requirement for the current Fiscal Year on or before August 10. SCG will calculate and prepare the annual levy for the Districts in a format and media acceptable for direct submission to the Riverside County Auditor-Controller's Office, including the enabling resolution, prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as necessary.
I. Parcel Exceptions Resubmittals and Adjusted Property Tax Bills: If any changes to the secured tax roll necessitate corrections/revisions after the deadline, SCG will research, recalculate and, with the City approval, rectifies the issue.
We will notify the City of the assessor’s parcel numbers that were rejected by the County and therefore may not be assessed.
J. Annual Continuing Disclosure: We will prepare Annual Continuing Disclosure Reports that meet the guidelines of the Continuing Disclosure requirements for each District as stated by the continuing disclosure certificate under SEC Rule 10b-5and 15c2-12. SCG will provide this report to the City for review and approval. • Bond Rating Agencies: Our team will assist City Staff in providing information to bond rating agencies when needed.
• Private Placement Bond Refunding: We will prepare the private placement bond refunding annual financial reporting. We will provide to the private placement banks as required by the Indenture. • California Debt and Investment Advisory Commission (CDIAC): We will prepare all reports for the City’s approval of any State and/or Federal reporting requirements pertaining to each District including the California Debt and Investment Advisory Commission (CDIAC), if applicable.
• AB 2109: We will prepare all reports for the City’s approval of any State and/or Federal reporting requirements including the Assembly Bill 2109, if applicable.
• SB 165 Reporting: We will provide all materials to assist the City in preparing reports for the legislation that was approved in 2001 requiring additional reporting requirements outlined in Section 53411 of the Government Code (a) and (b).
• Annual Comprehensive Reporting AB 1666: We will provide an Annual Report (AB 1666) to the City which will include identification of the Community Facilities District (CFD) administrative cost items eligible for the recovery by the public agency, review of fund balances and any surplus/deficit funds, debt service requirements, delinquency reporting, and a cover letter providing any related recommendations or issues. The report will include a series of schedules, including a District summary that will be useful for City Staff to reference.
K. Current and Future CFD Laws: Our team is well versed in all case laws approved affecting assessment and special tax districts. We continue to attend educational seminars and conferences and discuss these issues with other industry professionals on an annual basis. SCG will provide City Staff with periodic updates as new case law is approved and keep the City in compliance with all statutory and regulatory laws related to the City’s special finance districts. SCG will prepare any other report, for City approval, as require by any State and/or Federal disclosure reporting requirements pertaining to each CFD.
L. Assist in the preparation of legal documents Document Review and Preparation: SCG will assist in the preparation of all legal documents related to the CFD Program included but not limited to Staff Reports, Resolutions, Ordinances, Notices, and any presentation materials, as needed.
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City of Beaumont
CFD Annual Administration, Special Tax Consulting, and Annual Financial Reporting Services RFP #FIN #22-04
M. Prepayment Calculation: SCG will calculate the special tax prepayment amount for a parcel(s) and provide any additional information as requested related thereto. The party requesting the official calculation shall pay the fee of any prepayment calculation.
SCG will also update annually the City’s prepayment estimate rate sheets to publish online for property owner use.
N. Bond Call: SCG will perform an analysis to determine the par amount of the bonds to be called, to calculate any applicable premium, and to determine which maturities to call from and prepare a revised debt service schedule. SCG will coordinate the bond call with the Fiscal Agent/Trustee to ensure that bonds are called per the redemption provisions of the bond issue.
O. Delinquency Monitoring: SCG will provide delinquency management services to the City regarding their Districts. SCG will monitor delinquencies as required for the Annual Continuing Disclosure agreement and provide delinquency reporting, prepare reminder and demand notifications to property owners, coordinate with the City and Foreclosure Counsel, assist in the collection process, and help monitor any payment plans.
P. Debt Service Component: SCG will coordinate with the City’s fiscal agent to review debt service schedules and determine the amount needed to pay principal and interest on the outstanding bonds. We independently maintain a debt service schedule for each bonded District as quality assurance and verify the appropriate debt service amounts are identified.
Q. Foreclosure Coordination: SCG will assist in preparing documents submitted by the City requesting authorization of foreclosure action. This includes preparation and recordation of the Notice of Intent to Commence Foreclosure, preparation of Exhibits for the Resolution commencing foreclosure, and coordination of the removal of the assessments approved for foreclosure from the tax roll. SCG will provide delinquent amounts (including penalty and interest at the time the foreclosure is transferred) to City Staff.
R. Indenture of Trust or Fiscal Agent Agreement Compliance: SCG will periodically review and monitor the City’s compliance with the Indenture of Trust or Fiscal Agent Agreement as it relates to the flow of the special taxes. This will be incorporated in the annual budget review process.
S. Disclosure for Prospective Property Purchases: SCG will assist City Staff with providing the proper disclosure of Assessment information for prospective property purchases as required by Sections 53340.2 (b) and 53341.5 of the State of California Government Code.
T. Reporting Requirements for Current/Future CFDs: SCG will prepare assist the City in compiling information and prepare any necessary documentation required to comply with California Government Code Section 50075 for any current or future CFDs created by the City.
U. Bond Issuance Services (Optional)
• Kickoff Meeting and Gathering Information: The purpose of this task is to establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City’s needs. SCG will meet with City Staff, legal counsel, team of consultants and project proponents to confirm the CFD’s schedule of events, procedural and financial considerations, establish the appropriate land use classifications and discuss and identify the boundaries of the proposed CFD.
• Data Collection: SCG will obtain the latest assessor’s parcel maps and equalized tax roll information from the Riverside County Assessor’s Office for the parcels within the proposed District, and Geographic Information System (GIS) shape files for our in-house GIS platform. • Bond Documents Table Preparation and Review: SCG will prepare and provide final calculation to the finance team for inclusion in the Preliminary Official Statement (POS) and Official Statement (OS) to include: i) Maximum
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City of Beaumont
CFD Annual Administration, Special Tax Consulting, and Annual Financial Reporting Services RFP #FIN #22-04
special tax coverage; ii) Value-to-lien computations; iii) Overlapping debt table; and iv) Effective tax rate schedules.
SCG will review the POS, OS and other legal documents as they relate to any items included in the CFD Public Report, the boundary map and any tables SCG provides.
• Vicinity Map: SCG will prepare a location and area map for inclusion in the POS and OS. • Special Tax Certificate: SCG will prepare and sign the Special Tax Consultant Certificate that certifies that the maximum special tax rates are sufficient to meet debt service requirements and coverage ratios for bonds to be issued.
V. Formation Services (Optional)
• Kickoff Meeting and Gathering Information: SCG will work to establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City’s needs.
SCG will meet with the City’s Staff, legal counsel, team of consultants and project proponents to confirm the CFD’s schedule of events, procedural and financial considerations, establish the appropriate land use classifications and discuss and identify the boundaries of the proposed CFD.
• Data Collection: SCG will obtain the latest assessor’s parcel maps and equalized tax roll information from the Riverside County Assessor’s Office for the parcels within the proposed District, and Geographic Information System (GIS) shape files for creating the database and for mapping the proposed boundaries of the CFD.
• Consulting Services: SCG will provide consulting services and advice to the City as necessary, including due diligence to ensure accuracy in the process and clear written documentation in our approach when structuring the Rate and Method of Apportionment and the Special Tax roll.
• Tax Spread: SCG will establish a Special Tax formula for the necessary revenues to cover facilities, operations and maintenance costs including administrative costs. Based on the proposed structure of the Special Tax formula, SCG will determine the appropriate methodology for allocating the costs to the various land use classifications and if possible be consistent with the previously approved methodology of the City’s landscape, lighting, street, parks, and drainage maintenance programs.
• Rate and Method of Apportionment: SCG will prepare a proposed Rate and Method of Apportionment (RMA) that takes into consideration the various land use classifications, maintenance categories, and provides the necessary flexibility for a variety of developments to be included in the City. The RMA will take into consideration: clarity of language in the definition of terms, ability of the property to be assigned to different tax classifications, and presence of a mechanism to levy taxes in the event of a change in projects and usage. • Boundary Map: SCG’s will prepare the Boundary Map illustrating the boundaries of territory proposed for inclusion in the district capturing the entirety of any parcel subject to taxation by the proposed district. The map shall meet the requirements of the Mello-Roos Act and the Riverside County Recorder’s Office. Additionally, SCG will record the map with the County Recorder’s Office.
• Document Review and Preparation: SCG will review and prepare the required documents for the formation of the CFD.
SCG will also assist the formation team in preparing a procedure for performing future annexations to the CFD, if necessary.
• Public Report Preparation: SCG will prepare the CFD Public Report, including a description of the facility costs or maintenance services to be performed and projected annual special tax and present it to the City Council at the Public Hearing.
• Landowner Election: SCG will prepare a list of the owner names and acreages and obtain a certificate from the Registrar of Voters whether confirming there are, or are not, registered voters within the boundaries of the CFD.
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City of Beaumont
CFD Annual Administration, Special Tax Consulting, and Annual Financial Reporting Services RFP #FIN #22-04
• Notice of Special Tax Lien: SCG will provide a list of Assessor Parcels for the Notice of Special Tax Lien and record the notices.
W. Software Resources: SCG will provide access, training, and technical support to viewable data regarding the City’s Districts and parcels maintained in the SCG proprietary software Spicer TAX System (STAX) and GIS Platform.
X. Staffing and Contact Information: SCG will provide a toll-free telephone number, of SCG designation, for inclusion on the regular property tax billing next to the specific line item to facilitate contact with the public, and provide payoff calculations, if requested. City Staff may also refer property owners, title companies and other interested parties to that toll-free number in regard to the parcel tax proceedings and annual installments.
Y. Overall Support to the City: SCG will provide overall support to City staff by being an extension of City Staff, including the management and timing of all CFD related activities and Community outreach workshop and presentations.
F. Fee Proposal
Spicer Consulting Group has provided our fee proposal under separate cover.
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City of Beaumont
CFD Annual Administration, Special Tax Consulting, and Annual Financial Reporting Services RFP #FIN #22-04
G. Similar Services with Other Public Agencies
Below is a sampling of projects and references our team members have provided with similar services of similar size and scope to the City of Beaumont.
CITY OF LAKE ELSINORE
FORMATION, ADMINISTRATION, BOND SALE, AND ANNEXATION SERVICES SCG currently provides full administration, annexation, and formation services to more than 111 special financing districts for approximately $30.6 million for the most recent tax year. The City of Lake Elsinore utilizes Landscape Maintenance Districts (LMD) and Community Facilities Districts (CFD) to fund infrastructure and maintenance projects throughout the City. These districts include a Citywide Landscape Maintenance District, a Landscape Maintenance District with 25 separate benefit zones, an Assessment District (AD), 42 bonded CFDs, and 34 services CFD’s which generated more than $3 million in landscape maintenance revenues and $4 million in public safety funds for the City of Lake Elsinore.
Recently, SCG assisted the City in successfully forming six CFDs, issuing bonds for six CFD Districts and processing several annexations to provide key funding for infrastructure, maintenance, and public safety services to their growing community.
CLIENT CONTACT:
Jason Simpson
City Manager
Phone: (951) 674-3124
Email: [email protected]
_____________________________________________________________________________________________
CITY OF CORONA
FORMATION, ADMINISTRATION, BOND SALE, AND ANNEXATION SERVICES SCG currently provides full administration, annexation, and formation services to the City’s Landscape and Lighting Maintenance Districts (LLMD) No. 84-1, 2003-1, 84-2, Community Facilities District (CFD) No’s. 97-1, 2001-1, 2002-2, 2002-3, and 2011-1, and County Service Area 152 (CSA). SCG project managers formed Citywide CFD 2016-1 (Public Safety) and CFD 2016-3 (Maintenance Services) to provide public safety services and comprehensive maintenance services for all new development. SCG is responsible for administering all of the City’s fifteen (15) CFD bonded special districts, (48) CFD Services and (1) CFD Public Safety.
SCG has processed 21 Annexations within CFD 2016-1 (Public Services) and 33 Annexations within CFD 2016-3 (Maintenance Services) with additional projects in process. SCG is also recently completed assisting the City in issuing bonds for CFD 2016-2, CFD 2018-1, and CFD 2018-2.
CLIENT CONTACT:
Kim Sitton
Finance Director
Phone: (951) 279-3532
Email: [email protected]
AGENCY PROFILE:
No. Districts – 111
No. Parcels – 78,311
Annual Levy – $30.6M
YEARS OF SERVICE:
Client of SCG since 2016
5-year contract in good standing
Contract Amount: Varies $2,200 - $27,000 per District
AGENCY PROFILE:
No. Districts – 80
No. Parcels – 104,692
Annual Levy – $17.4M
YEARS OF SERVICE:
Client of SCG since 2017
5-year contract in good standing
Contract Amount: Varies $1,500 - $24,500 per District
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City of Beaumont
CFD Annual Administration, Special Tax Consulting, and Annual Financial Reporting Services RFP #FIN #22-04
CITY OF MENIFEE
FORMATION, ADMINISTRATION, BOND SALE, AND ANNEXATION SERVICES SCG currently provides full administration, annexation, and formation services to more than 93 special financing districts for approximately $9 million in the most recent tax year. The City of Menifee has several special districts including Landscape and Lighting Maintenance District No. 89-1C (LMD) with 44 various zones, six County Service Areas (CSA) and fifty-five Maintenance Community Facilities District (including multiple zones) (CFDs). These Special Districts provide funds for the City’s streetlights, landscaping, drainage facility maintenance, park maintenance, and sheriff services throughout the community. SCG project managers also formed the City’s first Citywide CFD 2015-2 to provide comprehensive maintenance services for all new development, as well as recently completing the formation of CFD 2017-1, CFD 2019-1, CFD 2020-1, CFD 2020-2, CFD 2021-1, CFD 2021-2, CFD 2022-1, CFD 2022-2, CFD 2022-3, CFD 2023-1, and CFD 2023-2.
CLIENT CONTACT:
Rochelle Clayton
Assistant City Manager
Phone: (951) 723-3701
Email: [email protected]
_____________________________________________________________________________________________
CITY OF WILDOMAR
FORMATION, ADMINISTRATION, AND ANNEXATION SERVICES
SCG currently provides full administration, annexation, and formation services to the City’s Landscape and Lighting Maintenance District No. 89-1C (LLMD) with 20 various zones, three County Service Areas (CSA), Citywide Parks Tax, and a Maintenance Community Facilities District (CFD) containing 25 zones to date. We recently enrolled more than 56 separate fund numbers for nearly a total of approximately $1.2M annually. These Special Districts provide funds for the City’s public safety, streetlights, landscaping, drainage facility maintenance, park maintenance, pavement management, graffiti abatement, and trails maintenance services throughout the community. SCG project managers also formed the City’s first Citywide CFD No. 2013-1 and recently formed CFD 2022-1 to provide comprehensive maintenance and public safety services for all new development.
CLIENT CONTACT:
Dan York
City Manager
Phone: (951) 677-7751; Ext. 216
Email: [email protected]
AGENCY PROFILE:
No. Districts – 93
No. Parcels – 43,541
Annual Levy – $9.0M
AGENCY PROFILE:
No. Districts – 56
No. Parcels – 9,023
Annual Levy – $1.2 M
YEARS OF SERVICE:
Client of SCG since 2017
5-year contract in good standing
Contract Amount: Varies $200 - $37,000 per District
YEARS OF SERVICE:
Client of SCG since 2016
5-year contract in good standing
Contract Amount: Varies $1,150 - $15,000 per District
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City of Beaumont
CFD Annual Administration, Special Tax Consulting, and Annual Financial Reporting Services RFP #FIN #22-04
CITY OF SAN BERNARDINO
FORMATION, ADMINISTRATION, BOND SALE, AND ANNEXATION SERVICES SCG currently provides full administration, annexation, and formation services to more than 102 special financing districts for approximately $2.1 million in the most recent tax year. The City of San Bernardino has several special districts including 68 Maintenance Assessment Districts, one Public Safety Community Facilities District (CFD), three facilities CFDs, and one Citywide Maintenance CFD containing 30 separate zones. These Special Districts provide funds for the City’s public safety, streetlights, landscaping, drainage facility maintenance, park maintenance, pavement management, graffiti abatement, and trails maintenance services throughout the community. SCG project managers also formed the City’s first public safety CFD 2018-1 and Citywide Maintenance CFD 2019-1 to provide comprehensive public services for all new development.
CLIENT CONTACT:
Alex Qishta
City Engineer
Phone: (909) 384.5019
Email: [email protected]
_____________________________________________________________________________________________
RIVERSIDE COUNTY OFFICE OF ECONOMIC DEVELOPMENT
FORMATION, ADMINISTRATION, AND ANNEXATION SERVICES
SCG currently provides full administration, annexation, and formation services to more than 67 special financing districts for approximately $24.6 million in the most recent tax year. The County of Riverside has several special districts including 52 County Service Areas (CSA) and 15 Maintenance Community Facilities District (CFDs). These Special Districts provide funds for the County’s streetlights, traffic signals, landscaping, drainage facility maintenance, park maintenance, and sheriff services throughout the County.
SCG project manager is also in the process of forming several new CFDs for maintenance services. These CFDs included CFD 22-4M, CFD 22-5M, CFD 22-6M, CFD 23-1M, CFD 23-2M, CFD 23-3M as well as a change proceeding for CFD 21-3M.
CLIENT CONTACT:
Amber Jacobson
Assistant Director
Phone: (951) 955-6146
Email: [email protected]
AGENCY PROFILE:
No. Districts – 102
No. Parcels – 8,529
Annual Levy – $2.1M
AGENCY PROFILE:
No. Districts – 67
No. Parcels – 447,803
Annual Levy – $24.6M
YEARS OF SERVICE:
Client of SCG since 2022
5-year contract in good standing
Contract Amount: Varies $300 - $21,900 per District
YEARS OF SERVICE:
Client of SCG since 2018
5-year contract in good standing
Contract Amount: Varies $500 - $8,400 per District
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City of Beaumont
CFD Annual Administration, Special Tax Consulting, and Annual Financial Reporting Services RFP #FIN #22-04
H. References
Listed below are contact information for several agencies SCG is currently providing services to.
Name Title Agency Phone Number Email Address
Jason Simpson City Manager City of Lake Elsinore (951) 674-3124, ext 362 [email protected] Kim Sitton Finance Director City of Corona (951) 279-3532 [email protected] Rochelle Clayton Assistant City Manager City of Menifee (951) 723-3701 [email protected] Dan York City Manager City of Wildomar (951) 677-7751, ext 216 [email protected] Alex Qishta City Engineer City of San Bernardino (909) 384-5019 [email protected] Amber Jacobson Assistant Director Riverside County (951) 955-6146 [email protected] Patricia Macias Senior Management Analyst City of Chula Vista (619) 407-3565 [email protected] Heather Jennings Finance Director City of Santee (619) 258-4100, ext 142 [email protected] I. Subconsultants
SCG does not anticipate using any subconsultants to provide the services outlined in the RFP.
J. Conflicts
SCG does not have any actual or potential conflicts of interest between the City of Beaumont, its officers, boards, commissions or staff and any person or entity related or connected to SCG.
Acknowledgements
SCG is willing to accept the terms of the agreement as provided in the Request For Proposal as Exhibit B.
SCG acknowledges receipt of Addendum No. 1 Request for Clarifications (RFC) / Questions, dated December 6, 2022.
ATTACHMENT A
COMMUNITY FACILITIES DISTRICTS GIS MAP
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Legend
CFD 93-1 IA 1
CFD 93-1 IA 2
CFD 93-1 IA 3
CFD 93-1 IA 4
CFD 93-1 IA 5
CFD 93-1 IA 6A
CFD 93-1 IA 6A1
CFD 93-1 IA 6B
CFD 93-1 IA 7A1
CFD 93-1 IA 7B
CFD 93-1 IA 7C
CFD 93-1 IA 7D
CFD 93-1 IA 8
CFD 93-1 IA 8A
CFD 93-1 IA 8B
CFD 93-1 IA 8C
CFD 93-1 IA 8D
CFD 93-1 IA 8E
CFD 93-1 IA 8F
CFD 93-1 IA 9
CFD 93-1 IA 9A
CFD 93-1 IA 10
CFD 93-1 IA 11
CFD 93-1 IA 12
CFD 93-1 IA 13
CFD 93-1 IA 14
CFD 93-1 IA 14A
CFD 93-1 IA 14B
CFD 93-1 IA 15
CFD 93-1 IA 16
CFD 93-1 IA 17A
CFD 93-1 IA 17B
CFD 93-1 IA 17C
CFD 93-1 IA 18
CFD 93-1 IA 19A
CFD 93-1 IA 19C
CFD 93-1 IA 20
CFD 93-1 IA 23
CFD 2016-1
CFD 2016-2
CFD 2016-3
CFD 2016-4
CFD 2018-1
CFD 2019-1
CFD 2021-1
10 11
12 13
14 14A
14B
1516
17A
17B
17C
18 19A19C
1 20
23 2
3 4
5 6A
6A1
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7A1
7B
7C 7D
8 8A
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9 COMMUNITY FACILITIES DISTRICTSCITY OF BEAUMONT
CFD 2016-1
CFD 2016-4
CFD2016-3CFD2016-2
CFD 2018-
1 CFD2019-1
CFD 2021-1
CFD2019-1
December 22, 2022
Ms. Grace Wichert
Procurement and Contracts Specialist
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
RE: RFP – Community Facilities District Annual Administration Services, Special Tax Consulting Services, and Annual Financial Reporting (RFP #FIN #22-04) Dear Ms. Wichert:
SCG is pleased to submit this fee letter to provide Community Facilities District Annual Administration Services, Special Tax Consulting Services, and Annual Financial Reporting Services to the City of Beaumont (City). The proposed fee schedule for providing the Annual Administration Services, Special Tax Consulting Services, and Annual Financial Reporting Service for the Fiscal Year 2023-24 is $180,001 as shown in the tables below. Included in the proposed fee is a fee schedule for each Improvement Area / District determined as either Facilities CFD or Services CFD, see Attachment A for a detail listing.
We propose to be compensated a fixed fee for services performed according to the scope of services included in the RFP Scope of Work. Below is a summary of the Price Form:
Annual Administration/Annual Levy/Reporting
Service
No.
IA/Districts
Fee per
IA/District Total(1)
Community Facilities Districts - Facilities 39 $ 3,500 $ 136,500 Community Facilities Districts - Services 41 $ 1,061 $ 43,501 Total 80 $ 180,001
(1) The Annual Administration fee shown above following FY 2023/24 shall increase annually by 2% Special Reporting Services
Service
Est. No.
Districts
Total
Fee
SB 165 – Local Agency Tax & Bond Accountability 39 Included SB 1029 – CDIAC Accountability Reports 39 Included
AB 2109 – Controller Parcel Tax Reports 39 Included
AB 1666 – CFD Annual Reports 39 Included
Total $0.00
Ms. Grace Wichert
City of Beaumont
Optional Formation Services
Service Fee
CFD Formation Services $ 25,000
Optional Bond Sale Services
Service (per District/Issue) Fee
Bond Sale Services $ 25,000
Billing Schedule
The Annual Administration would be billed equal amounts monthly following work performed. Any Optional Formation Services would be billed 50% after the first City Council meeting and the balance after the Public Hearing. Optional Bond Sale Services would be billed 100% upon funds being received from sale.
For additional services for the services performed related to the projects which are not listed herein, compensation shall be stated upon written request of such services or at the hourly rates set forth.
Hourly Rates
Title Rate
Principal $245
Senior Associate $175
Associate $120
Mapping Technician $110
Administrative Support $85
If it should become necessary for the City to request SCG to render any additional services to either supplement the services requested in the RFP or to perform additional work because of the specific recommendation included in any report issued on the engagement, then such additional work shall be performed only if set forth in the agreement between the City and SCG. Any such additional work agreed to between the City and SCG shall be performed at the same rate set forth in the schedule of fees and expenses included in the dollar bid cost.
It is our objective to provide the City with a high quality work product while being solution oriented, and value added. We enjoy working with the City and look forward to establishing a long-standing relationship. If you have any questions regarding our fee proposal, or if additional information is needed, please contact me directly at (951) 520-3331 or email me at [email protected].
Sincerely,
Shane Spicer
Managing Director
Attachment A
District Name Fee District Name Fee
CFD No. 93‐1 IA 1 $3,500 CFD No. 93‐1 IA 14 $3,500
CFD No. 93‐1 IA 2 $3,500 CFD No. 93‐1 IA 14 SERVICE $1,061 CFD No. 93‐1 IA 3 $3,500 CFD No. 93‐1 IA 14A $3,500
CFD No. 93‐1 IA 3 SERVICE $1,061 CFD No. 93‐1 IA 14B $3,500 CFD No. 93‐1 IA 4 $3,500 CFD No. 93‐1 IA 15 $1,061
CFD No. 93‐1 IA 5 $3,500 CFD No. 93‐1 IA 16 $3,500
CFD No. 93‐1 IA 6A $3,500 CFD No. 93‐1 IA 16 SERVICE $1,061 CFD No. 93‐1 IA 6A1 $3,500 CFD No. 93‐1 IA 17A $3,500
CFD No. 93‐1 IA 6A1 SERVICE $1,061 CFD No. 93‐1 IA 17A SERVICE $1,061 CFD No. 93‐1 IA 7A1 $3,500 CFD No. 93‐1 IA 17B $3,500
CFD No. 93‐1 IA 7A1 SERVICE $1,061 CFD No. 93‐1 IA 17B SERVICE $1,061 CFD No. 93‐1 IA 7B $3,500 CFD No. 93‐1 IA 17C $3,500
CFD No. 93‐1 IA 7B SERVICE $1,061 CFD No. 93‐1 IA 17C SERVICE $1,061 CFD No. 93‐1 IA 7C $3,500 CFD No. 93‐1 IA 18 $3,500
CFD No. 93‐1 IA 7C SERVICE $1,061 CFD No. 93‐1 IA 18 SERVICE $1,061 CFD No. 93‐1 IA 7O $3,500 CFD No. 93‐1 IA 19A $3,500
CFD No. 93‐1 IA 7O SERVICE $1,061 CFD No. 93‐1 IA 19A SERVICE $1,061 CFD No. 93‐1 IA 8 $3,500 CFD No. 93‐1 IA 19C $3,500
CFD No. 93‐1 IA 8 SERVICE $1,061 CFD No. 93‐1 IA 19C SERVICE $1,061 CFD No. 93‐1 IA 8A $3,500 CFD No. 93‐1 IA 20 $3,500
CFD No. 93‐1 IA 8A SERVICE $1,061 CFD No. 93‐1 IA 20 SERVICE $1,061 CFD No. 93‐1 IA 8B $3,500 CFD No. 93‐1 IA 23 $1,061
CFD No. 93‐1 IA 8B SERVICE $1,061 CFD No. 2016‐1 $3,500 CFD No. 93‐1 IA 8C $3,500 CFD No. 2016‐1 SERVICE $1,061 CFD No. 93‐1 IA 8C SERVICE $1,061 CFD No. 2016‐2 $3,500 CFD No. 93‐1 IA 8O $3,500 CFD No. 2016‐2 SERVICE $1,061 CFD No. 93‐1 IA 8O SERVICE $1,061 CFD No. 2016‐2 PUBLIC SERVICE $1,061 CFD No. 93‐1 IA 8E $3,500 CFD No. 2016‐3 $3,500
CFD No. 93‐1 IA 8E SERVICE $1,061 CFD No. 2016‐3 SERVICE $1,061 CFD No. 93‐1 IA 8F $3,500 CFD No. 2016‐3 PUBLIC SERVICE $1,061 CFD No. 93‐1 IA 8F SERVICE $1,061 CFD No. 2016‐4 $3,500 CFD No. 93‐1 IA 9 $3,500 CFD No. 2016‐4 SERVICE $1,061
CFD No. 93‐1 IA 9 SERVICE $1,061 CFD No. 2016‐4 PUBLIC SERVICE $1,061 CFD No. 93‐1 IA 10 $3,500 CFD No. 2018‐1 PUBLIC SERVICE $1,061 CFD No. 93‐1 IA 10 SERVICE $1,061 CFD No. 2019‐1 $3,500 CFD No. 93‐1 IA 11 $3,500 CFD No. 2019‐1 SERVICE $1,061 CFD No. 93‐1 IA 11 SERVICE $1,061 CFD No. 2019‐1 PUBLIC SERVICE $1,061 CFD No. 93‐1 IA 12 $3,500 CFD No. 2021‐1 $3,500
CFD No. 93‐1 IA 12 SERVICE $1,061 CFD No. 2021‐1 SERVICE $1,061 CFD No. 93‐1 IA 13 $1,061 CFD No. 2021‐1 PUBLIC SERVICE $1,061
EXHIBIT “B”
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
01/30/2023
Cormarc Insurance Services
Lic #0D79653
25220 Hancock Ave, Suite 230
Murrieta CA 92562
Linda Ridgway
(800) 743-2763
[email protected]
SCG-Spicer Consulting Group, LLC
41880 Kalmia St
Ste 145
Murrieta CA 92562-8837
Travelers Casualty Ins Company of America 19046
Cal Auto Ins Company 38342
Travelers Property Casualty Co of America 25674
Lloyds of London 85202
22/23 GL BA WC Prof
A Y 680-2H870106 05/31/2022 05/31/2023
2,000,000
300,000
5,000
2,000,000
4,000,000
4,000,000
B Y BA040000059364 05/31/2022 05/31/2023
1,000,000
C Y UB-9P270352 05/31/2022 05/31/2023 1,000,000
1,000,000
1,000,000
D Professional Liability
Retro date 5/31/16 MPL175558022 05/31/2022 05/31/2023
Limit per claim $2,000,000
Aggregate limit $2,000,000
Retention $10,000
The City of Beaumont, its elected and appointed officers, employees, agents, and volunteers are named as additional insured as required by written contract with respect to General Liability and Auto Liability. 30 Days’ Notice of Cancellation to certificate holder, 10 days for non-payment of premium applies. See endorsements CGD105 and 85100817 attached.
City of Beaumont
550 E. 6th Street
Beaumont CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:
PRODUCER
(A/C, No, Ext):PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS:
CG D1 05 04 94
Includes Copyrighted Material from Insurance Services Office, Inc.
BLANKET ADDITIONAL INSURED – OWNERS, LESSEES
Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1
1. WHO IS AN INSURED (SECTION II) is amended
to include as an insured any person or organiza-
tion (called hereafter "additional insured") whom
you have agreed in a written contract, executed
prior to loss, to name as additional insured, but
only with respect to liability arising out of "your
work" or your ongoing operations for that addi-
tional insured performed by you or for you.
2. With respect to the insurance afforded to Addi-
tional Insureds the following conditions apply:
a.Limits of Insurance – The following limits of
liability apply:
1.The limits which you agreed to provide;
or
2.The limits shown on the declarations,
whichever is less.
b.This insurance is excess over any valid and
collectible insurance unless you have agreed
in a written contract for this insurance to
apply on a primary or contributory basis.
3.This insurance does not apply:
a.on any basis to any person or organization
for whom you have purchased an Owners
and Contractors Protective policy.
b.to "bodily injury," "property damage," "per-
sonal injury," or "advertising injury" arising
out of the rendering of or the failure to render
any professional services by or for you, in-
cluding:
1.The preparing, approving or failing to
prepare or approve maps, drawings,
opinions, reports, surveys, change or-
ders, designs or specifications; and
2.Supervisory, inspection or engineering
services.
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.
MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6
BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity.
Coverage under this provision is afforded only until the end of the policy period.
Coverage does not apply to an “accident” which occurred before you acquired or formed the organization.
II. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
e. Any “employee” of yours is an "insured" while using a covered “auto" you don't own, hire or borrow in your business or your personal affairs.
III. AUTOMATIC ADDITIONAL INSURED
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II.
IV. EMPLOYEE HIRED AUTO LIABILITY
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.
V. SUPPLEMENTARY PAYMENTS
SECTION II – LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
Staff Report
TO: Honorable Mayor and Members of the City Council
FROM:
BY:
Kari Mendoza, Interim Deputy City Manager
Darron Usher, Principal Management Analyst
DATE: February 17, 2026
SUBJECT: Agreement Approval for HDL Business License Software
Description: Staff is requesting City Council approval of an agreement with Hinderliter de Llamas & Associates (HdL) for continued use of the City’s business license software, hosting, support, payment processing, and related compliance services.
Background and Analysis:
The City of Beaumont utilizes HdL’s Business License software platform to admin ister business licensing activities, including registration, renewals, compliance monitoring, reporting, and online payment processing. HdL has provided business license software and related support services to the City for many years and currently hosts t he City’s system through its secure cloud-based platform.
The proposed agreement formalizes continued access to HdL’s Business License software and includes the following core services:
Software Hosting and Maintenance: Secure cloud hosting, system upgrades, data management, and disaster recovery.
User Access and Support: Licensing for up to four (4) users, with technical support available during standard business hours and emergency support after hours.
Online Payment Processing: PCI-compliant credit card and eCheck payment functionality for business license transactions.
Reporting and System Enhancements: Ongoing system updates, report modifications, and software upgrades as part of the annual software use fee.
In addition to software services, the agreement allows the City to utilize HdL’s business license discovery, compliance, collection, and audit services on an as-needed basis.
These services are designed to assist the City in identifying unlicensed or non - compliant businesses, collecting outstanding business license fees, and ensuring
accurate reporting. Any compliance-related services are compensated through contingency-based fees only when revenue is recovered, as outlined in the agreement.
The agreement term is for three (3) years, with two (2) optional one-year renewals, subject to City Council approval. The annual software use fee is $9,500, inclusive of hosting, support, and four licensed users, with limited annual CPI-based adjustments as defined in the agreement.
It is important to note that previous City Council items involving HdL addressed sales tax and property tax services provided by HdL and its affiliate companies. This action is limited exclusively to business license software and related se rvices and does not include sales tax, property tax, or revenue recovery services outside of the business license program.
Fiscal Impact:
The estimated cost of preparing this staff report is $300.
The annual cost for the Business License software is $9,500, plus applicable payment processing fees that are largely taxpayer-funded at the time of transaction. The total cost of this agreement over three (3) years is $28,500, which will be included during the budget process. Compliance services, if utilized, are contingency-based and paid only from revenues recovered.
Recommended Action:
Approve the agreement with Hinderliter de Llamas & Associates for Business License software and related services and authorize the City Manager or their designee to execute the agreement in an amount not to exceed $9,500 annually, subject to CPI adjustments as outlined in the agreement for a total of $28,500.
Attachments:
A. PSA with HDL
B. Single Source Form
1234662.2 Page 1 of 18
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT (this “Agreement”) is entered into as of October 27, 2025 (the “Agreement Date”) by and between Hinderliter de Llamas & Associates (“Consultant”), and City of Beaumont (“Client”), which is located within the state of California (the “State”).
W I T N E S S E T H:
WHEREAS, Consultant is engaged in the business of providing consulting, software and other services that help public agencies understand and maximize their collection of revenues, as well as their delivery of other public services (collectively, “Consultant’s Business”); and WHEREAS, Client desires to contract with Consultant to obtain one or more of the services included within Consultant’s Business (as provided for in Section 1) upon the terms and conditions contained in this Agreement;
WHEREAS, Consultant desires to contract with Client to render such services upon the terms and conditions contained in this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained herein, Client and Consultant mutually agree as follows:
1. Services.
1.1 Consultant will perform those services included within Consultant’s Business that are described in Exhibit A. Such services are, collectively, the “Services”.
1.2 Consultant warrants that it will perform the Services in a professional manner in accordance with professional standards. In performing the Services, Consultant is acting as an independent contractor (and not as an agent or employee of Client).
1.3 Client acknowledges and agrees that any other public agency (including, without limitation, any participating government agency) located within or outside of the State (e.g., city, municipality, county, district, public authority or other political subdivision) may procure services for fees and other terms and conditions that are substantially similar to any of the Services, Fees and other terms and conditions set forth in this Agreement, provided that such other public agency executes a separate agreement with Consultant wherein the services rendered to such other public agency, the fees payable by such other public agency, and the other terms and conditions of such separate agreement are the responsibility of Consultant and such other public agency and not Client.
1.4 This Agreement does not limit the right of Consultant to enter into additional contracts with Client or to contract with other persons or entities (that are not Client) to provide them with merchandise or services of any kind whatsoever, including, but not limited to, services similar to the Services.
2. Fees. As compensation for performing the Services, Client will pay Consultant the fees, costs and expenses as described in Exhibit B. Individually and collectively these fees and costs are, the “Fees”. Consultant may perform the Services using professionals from its staff or Consultant’s affiliated entities, and such Services will be billed to Client under the same billing terms applicable Docusign Envelope ID: 90E0FDBE-CE68-4649-BAB2-A75A7E6D3948
1234662.2 Page 2 of 18
to Consultant’s staff. Consultant may increase the Fees from time to time (including, without limitation, annually as described in the Schedules) however, Consultant shall provide Client with no less than thirty (30) days’ prior written notice before any such increase becomes effective with the exception of annual CPI increase. Any notice of a Fee increase shall specify the amount of the increase, the effective date, and the basis for the adjustment (if applicable). Other than a Fee increase as described in the Schedules, Client may notify Consultant of a request that such Fee increase be modified or revoked and, if Consultant fails to do so to Client’s satisfaction within thirty (30) days after the receipt of such request, Client may terminate this Agreement without cause pursuant to Section 7.3.
Consultant shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by City to Contractor under this Agreement shall not exceed the amount of _9,500.00 ____________ Dollars and Zero Cents ($[__]) per year plus annual CPI inccreases. This limit does not apply to compensation for services which are billed a contingency fee based on revenue recovered, or to payment processing services which are billed according to usage.
3. Invoices; Payment.
3.1 Consultant will invoice Client for the Fees earned and/or incurred by Consultant pursuant to this Agreement.
3.2 Invoices are due and payable upon receipt. Interest will begin to accrue on the thirtieth (30th) day following the invoice date on all unpaid balances at a rate of one and one-half percent (1½%) per month, or the maximum rate permitted by law, whichever is less. Payments will first be credited to interest and then to principal. In the event that Client disputes or contests an invoice, only that portion so disputed or contested in good faith will be withheld from payment, and the undisputed portion must be timely paid. Interest will accrue on any contested portion of the invoice not timely paid and will be payable immediately if the contested invoice is resolved in favor of Consultant.
3.3 If Client fails to fully pay an invoice within 30 days after the invoice date, Consultant may, after giving five (5) days’ notice to Client, suspend the rendering of Services under this Agreement until said invoice is paid in full, together with all interest that has accrued thereon. In the event of such a suspension of Services, Consultant will have no liability to Client for any delays or damages arising therefrom.
4. Insurance. Consultant 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, Consultant hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “C” are copies of Certificates of Insurance and endorsements as required below. If existing coverage does not meet the requirements set forth herein, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant shall provide the following types and amounts of insurance:
4.1 Commercial general liability insurance in an amount of not less than $2,000,000 per occurrence and $4,000,000 in the aggregate; Consultant agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s Client, its Docusign Envelope ID: 90E0FDBE-CE68-4649-BAB2-A75A7E6D3948
1234662.2 Page 3 of 18
officials, employees and agents. Consultant also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 4.
4.2 Business Auto Coverage in an amount no less than $1 million per accident. If Consultant or Consultant’s employees will use personal autos in performance of the Services hereunder, Consultant shall provide evidence of personal auto liability coverage for each such person.
4.3 Workers’ Compensation coverage for any of Consultant’s employees that will be providing any Services hereunder. Consultant 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 Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to Client, its employees, officials and agents.
4.4 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.
4.5 No liability insurance coverage provided shall prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant waives all rights of subrogation against Client regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.
4.6 Prior to beginning the Services under this Agreement, Consultant shall furnish Client 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.
4.7 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 Client.
4.8 Self-insurance does not comply with these insurance specifications.
Consultant acknowledges and agrees that that all insurance coverage required to be provided by Consultant 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 Client.
4.9 All coverage types and limits required are subject to approval, modification and additional requirements by Client, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect Client’s protection without Client’s prior written consent.
4.10 Consultant agrees to provide immediate notice to Client of any claim or loss against Consultant or arising out of the Services performed under this Agreement. Client 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 Client.
Docusign Envelope ID: 90E0FDBE-CE68-4649-BAB2-A75A7E6D3948
1234662.2 Page 4 of 18
5. Client Support.
5.1 Client will promptly provide in writing to Consultant all data and other information relating to or which may be necessary for Consultant’s performance of the Services. Without limiting the foregoing, Consultant shall keep informed on a timely basis in writing as to the existence and amendments of the laws, ordinances and/or regulations under which Consultant is performing the Services. Client shall keep Consultant informed of any amendments of the laws, ordinances and/or regulations under which Consultant is performing that are adopted by Client. Consultant will be permitted to rely on the accuracy, timeliness and completeness of the information provided by Client, and in no event will Consultant be liable to Client or others as a result of such reliance.
5.2 Client will examine all of Consultant’s reports, specifications, notices, proposals and other documents. In the event that a decision is required of Client in order for Consultant to perform the Services, Client will render such decision in writing in a timely manner.
5.3 Promptly following any request from Consultant, Client will adopt and maintain in full force and effect resolutions in forms acceptable to Client and in accordance with applicable law authorizing Consultant to examine the confidential sales tax and other relevant records of Client throughout the Term and, for so long as any Fees are still accruing pursuant to this Agreement, after the Term.
5.4 Client will assist Consultant in obtaining such licenses, permits and approvals as may be required by law for performing the Services, and Client will pay all fees, assessments and taxes related to the application, issuance and maintenance thereof.
5.5 The Services do not include services that Consultant may be required or requested to provide to support, prepare, document, bring, defend or assist in litigation undertaken or defended by Client (“Litigation Services”). If Consultant agrees with Client or is required to perform Litigation Services, Client will promptly pay Consultant for all of Consultant’s costs and expenses related to Litigation Services at Consultant’s actual cost, plus ten percent (10%) thereof (all of which are deemed to be additional Fees).
6. Confidentiality; Software Use and Warranty; Records.
6.1 Consultant will comply with the requirements of the applicable laws, ordinances and/or regulations concerning the confidentiality of tax records of which it has been informed by Client pursuant to Section 5.1.
6.2 As used herein, the term “proprietary information” means all information, techniques, processes, services or material that has or could have commercial value or other utility in Consultant’s Business, including without limitation: Consultant’s (i) software, computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; (iii) desktop or web-based software; (iv) audit, tax or fee collection/administration or business processes, methods or routines; (v) marketing plans, analyses and strategies; and (vi) materials, techniques and intellectual property used. Except as otherwise required by law, Client must hold in confidence and may not use (except as expressly authorized by this Agreement) or disclose to any other party any Docusign Envelope ID: 90E0FDBE-CE68-4649-BAB2-A75A7E6D3948
1234662.2 Page 5 of 18
proprietary information provided, learned of or obtained by Client in connection with this Agreement.
The terms of this Section 6.2 do not apply to any information that is public information.
6.3 If access to any software which Consultant owns is provided to Client as part of this Agreement (including, without limitation, if Client chooses to subscribe to such software and reports option as part of the Services) (such Consultant-owned software is, collectively, the “Software”), Consultant hereby provides a limited, non-exclusive, non-transferable license to Client for the use by such of Client’s staff as may be designated from time to time by Client and approved by Consultant in writing to use the Software pursuant to and during the Term of this Agreement. The Software must only be used by such authorized Client staff, and Client must not sublicense, sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software. The license granted hereunder does not imply ownership by Client or any of Client’s staff of the Software nor any rights of Client or any of Client’s staff to sublicense, transfer or sell the Software, or rights to use the Software for the benefit of others. Client may not create (or allow the creation of) any derivative work or product based on or derived from the Software or documentation, nor modify (or allow the modification of) the Software or documentation without the prior written consent of Consultant. In the event of a breach of this provision (and without limiting Consultant’s remedies), such modification, derivative work or product based on the Software or documentation is hereby deemed assigned to Consultant. Upon termination of this Agreement or this Software license, this Software license will be deemed to have expired and Client access to Software will be immediately removed. Client must immediately cease using and remove, delete and destroy all Software materials which may exist on Client’s computers and network. Consultant warrants that the Software will perform in accordance with the Software’s documentation.
6.4 All documents, preliminary drafts, communications and any and all other work product related to the Services and provided by Consultant to Client either in hard copy or electronically are the property of Client. This does not include any software, programs, methodologies or systems used in the creation of such work product, nor does it include any drafts, notes or internal communications prepared by Consultant in the course of performing the Services that were not otherwise provided to Client in either hardcopy or electronic form, all of which may be protected by Consultant or others’ copyrights or other intellectual property. It is possible that any documents, drafts, communications or other work product provided to Client may be considered public records under applicable law and/or may be discoverable through litigation. Consultant may publicly state that it performs the Services for Client.
6.5 Subject to applicable law, Consultant is responsible for retaining all final documents and other final work product related to the Services for a period of not less than three (3) years from the date provided to Client. Retention of any other documents, preliminary drafts, communications and any and all other work product provided to Client by Consultant is the responsibility of Client.
Consultant has no responsibility to retain any drafts, notes, communications, emails or other writings created or received by Client in the course of performing the Services (other than the final documents and other final work product related to the Services and provided to Client for the term of years referenced above).
7. Term and Termination.
7.1 The initial term of this Agreement commences as of the Agreement Date and, unless terminated earlier pursuant to any of this Agreement's express provisions, will continue in effect for Docusign Envelope ID: 90E0FDBE-CE68-4649-BAB2-A75A7E6D3948
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3 years from such date (the “Initial Term”). This Agreement may renew with two one-year renewals subject to approval by the City of Beaumont’s City Council unless earlier terminated as set forth in Section 7.2 or 7.3.
7.2 This Agreement may be terminated by either party for cause upon not less than forty - five (45) days’ written notice given to and received by the other party, if the other party has materially breached this Agreement through no fault of the notifying party and fails to (i) commence correction of such material breach within thirty (30) days of receipt of the above-referenced written notice and (ii) diligently complete the correction thereafter.
7.3 In addition, either party may terminate this Agreement with or without cause, or for no cause, upon not less than forty five (45) days’ written notice to the other party.
7.4 On termination, Client will pay Consultant for all Fees and other compensation (including for Litigation Services) earned and/or incurred through the termination date and will thereafter timely pay Consultant for all other Fees and compensation to which Consultant may be entitled pursuant to this Agreement (including the Schedules hereto).
8. Indemnification.
8.1 Consultant and Client agree that Client, 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 Consultant 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 Client. Consultant acknowledges that Client would not enter into this Agreement in the absence of the commitment of Consultant to indemnify and protect Client as set forth herein.
a. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Client, 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 Client, 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. Consultant’s obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which Consultant (and/or Consultant’s agents and/or employees) is alleged to be an employee of Client. All obligations under this provision are to be paid by Consultant as they are incurred by Client. Consultant’s duty to indemnify and hold harmless Client shall not apply to claims for liability which arise from the issuance or non-issuance of any registration, license, permit, or exemption.
b. Without affecting the rights of Client under any provision of this Agreement or this Section, Consultant shall not be required to indemnify and hold harmless Client as set forth above for liability attributable solely to the fault of Client, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
9. Liability Limitations; Governing Law; Dispute Resolution.
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9.1 To the maximum extent permitted by law and notwithstanding anything to the contrary in this Agreement:
9.1.1 Except as may otherwise be expressly set forth in this Agreement, Consultant makes no warranty of any kind with respect to the Services or the Software, express or implied. Consultant hereby disclaims all other warranties, express or implied, including th e implied warranties of merchantability, fitness for a particular purpose, title and non infringement. Consultant disclaims all warranties and responsibility for third party software.
9.1.2 Notwithstanding anything to the contrary, in no event will Consultant be (a) liable for claims, liabilities or damages (i) that could not reasonably have been foreseen upon entry into this Agreement; (ii) arising from any action or inaction by Consultant in response to specific direction from Client; (iii) in connection with any Client monies not collected by Consultant; nor (iv) in connection with the issuance, non-issuance or revocation of any registration, license, permit, or exemption.
9.1.3 Without limitation on any statue of limitations that expire in less than three years, no claim may be brought by Client against any one or more of Consultant Group arising out of this Agreement (including, without limitation, in connection with the Services or the Software) more than three years after the date upon which Client has actual knowledge of the first occurrence of the action or inaction giving rise to such claim (whether relating to the Services, the Software or otherwise).
9.1.4 Client acknowledges this Agreement is with Consultant in its capacity as a corporation or a limited liability company, and Client agrees that in no event will it seek to hold any of the Consultant Group (other than Consultant) responsible for any obligations under this Agreement.
9.2 The law of the State of California will govern the validity of this Agreement, its interpretation and performance, and any other claims related to it, without regard to the State’s conflict of laws rules. Venue for any legal action arising out of this Agreement will be proper only in the State of California, Riverside County courts or the federal courts located within the State. The parties hereby submit to the exclusive jurisdiction of such courts and waive any other venue to which either party might be entitled by domicile or otherwise. Both parties waive the right to a jury trial in an action to enforce, interpret or construe this Agreement.
9.3 If either party is required to bring legal action to enforce its rights under this Agreement or as the result of a breach of this Agreement, the costs and expenses of the prevailing party, including reasonable attorneys’ fees, will be paid by the non-prevailing party.
9.4 A breach of this Agreement by either party may cause the other party hereto irreparable harm, the amount of which may be difficult to ascertain, and therefore such other party will have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any further breach and for such other relief as such other party may deem appropriate.
Such right is in addition to the remedies otherwise available to such other party at law or in equity.
The parties hereto expressly waive the defense that a remedy in damages will be adequate and any requirement in an action for specific performance or injunction hereunder for the posting of a bond.
10. General Legal Provisions.
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10.1 Authorization to Proceed. Each Schedule must be signed by both Client and Consultant before such Schedule will be binding on the parties hereto.
10.2 Force Majeure. Consultant is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of Consultant.
10.3 Amendment; Waiver. Any provisions of this Agreement (including, without limitation, any Schedules or provisions within any Schedules) may be amended or terminated if in writing and signed by both Client and Consultant. No waiver by any party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to be valid unless acknowledged by such party in writing, and such waiver will not extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
10.4 Severability and Survival. If any provision in this Agreement is held illegal, invalid or unenforceable, the enforceability of the remaining provisions will not be impaired thereby.
Notwithstanding any other provisions of this Agreement (including, without limitation, Section 7), Sections 3, 5.5, 6, 7, 8, 9 and 10 will survive the termination of this Agreement.
10.5 No Third-Party Beneficiaries; Services Limited to Agreement. Except as set forth in Section 8, this Agreement gives no rights or benefits to anyone other than Client and Consultant and has no third-party beneficiaries. The Services to be performed for Client by Consultant are defined solely by this Agreement (including the Schedules), and not by any other contract or agreement that may be associated with performing the Services.
10.6 Assignment. This is a bilateral personal services agreement. Neither party will have the power to or will assign any of the duties or rights or any claim arising out of or related to this Agreement, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and unenforceable. This Agreement is binding on the successors and assigns of the parties hereto.
10.7 Notices. All notices under this Agreement must be in writing and will be deemed to have been given when such notice is received (i) from United States Postal Service First Class Certified Mail, Return Receipt Requested, (ii) by courier service, or (iii) by email; provided, however, that notices received on a weekend or holiday or on a business day after 4:00 p.m. local time will be deemed to have been received on the next business day. Notices will, unless another address is specified in writing, be sent to the addresses indicated below (each of which must include a street address and an email address): Consultant: Hinderliter de Llamas & Associates, Attn: HdL Contracts, Email: [email protected] and Client: City of Beaumont, Attn: Kari Mendoza, Email:
10.8 Entire Agreement; Conflict. This Agreement (including any Schedules dated as of the Agreement Date or hereafter) constitutes the entire agreement between the parties and supersedes any prior understandings, agreements, or representations by or between the parties, written or oral, to the extent they have related in any way to the subject matter hereof. Should there ever be a conflict between the terms and conditions of the Schedule(s) and the remainder of this Agreement, the terms and conditions of the remainder of this Agreement will prevail and be controlling.
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10.9 Counterparts; Electronic Signatures; Authority. This Agreement may be signed in any number of counterparts, each of which will constitute an original and all of which, when taken together, will constitute one agreement. Any signed signature pages of this Agreement transmitted by email or other electronic means in a portable document format (PDF) or other clear and visible electronic format will have the same legal effect as an original. Each of the persons signing on behalf of a party hereto represents that he or she has the authority to sign this Agreement on such party’s behalf.
10.10 No Adverse Construction. Both parties acknowledge having had the opportunity to participate in the drafting of this Agreement. This Agreement will not be construed against either party based upon authorship. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. [Signatures are on the next page]
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement through their duly authorized representatives as of the Agreement Date.
CONSULTANT:
Hinderliter de Llamas & Associates
By: Robert Gray
Its: Vice President
CLIENT:
City of Beaumont
By:
Its:
[Exhibit A (Scope of Service) and Exhibit B (Compensation) are attached hereto]
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EXHIBIT A
SCOPE OF SERVICES
LOCAL TAX SOFTWARE SOLUTION
1. Software Hosting Services – Consultant’s hosting services offload the majority of IT concerns to Consultant’s hosting team; including system upgrades, hardware and software maintenance, database management, and disaster recovery. Client will be responsible for maintaining its workstations and a reliable internet connection. Consultant will handle the rest. Website functionality will be hosted using a Client specific sub-domain on Consultant’s special purpose hdlgov.com domain.
1.1. Workstation Specifications – Workstations will access the software through a remote application session with Consultant’s hosting service. All workstations require 4+GB Memory, 1280x1024 screen resolution, and MS Windows 10/11 operating system.
1.2. Network Specifications – Consultant’s hosted service requires reliable, high speed internet connectivity. High-speed local area network connections are always helpful, but the service will also run without difficulty over slower WAN connections such as T1 or mobile broadband.
1.3. Printer Specifications - The software is designed to work with laser printers. A PCL compliant laser printer is recommended. Each make and model of printer has different drivers and therefore has slightly different results when printing. We design forms/reports using HP LaserJet printers.
2. Software Support
2.1. Client Support - Consultant will provide Client’s users no charge support by telephone, email and the web during the term of this Agreement. In the United States support is available as follows: For customer support between the hours of 8:00 am and 5:00 pm Pacific time, Monday through Friday, email [email protected] or call (909) 861-4335 and ask for software support. For urgent off hours support before 8:00 am or after 5:00 pm Pacific time, Monday through Friday (or anytime Saturday), email [email protected] and Consultant’s on call support personnel will be notified.
Please only include your name, agency and contact # in emails to [email protected]. You will be contacted as soon as possible.
2.2. Response Time – In the event that Client encounters an error and/or malfunction whereby the software does not conform to expected behavior in accordance with the software design, Consultant will assign one of the following severity levels and render support services in a timely manner consistent with the urgency of the situation.
2.2.1. Severity Level 1 – a critical problem has been encountered such that the software is essentially inoperable and without a reasonable workaround. Consultant will respond within one (1) business hour to diagnose the problem. A response is defined as an email or call to the Client’s designated support contact. Consultant and Client will work diligently and continuously to correct the problem as quickly as possible.
2.2.2. Severity Level 2 – a problem has been encountered that does not prevent use of the software, but the software is not operating correctly. Consultant will diagnose the problem within 48 hours and advise Client of any available work-around. Upon Consultant’s confirmation that the software is not operating correctly, Consultant will provide a software update to repair the defect and confirm with Client that the update resolved the issue.
2.2.3. Severity Level 3 – a minor problem has been encountered. The software is usable but could be improved by correction of a minor defect or addition of a usability enhancement. Consultant will assess the request within fifteen (15) business days and, depending on priorities, schedule a software update for a future release, advise Client that the request will not be implemented, or offer the option of implementing the request as a custom software enhancement at additional cost.
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