Agenda packet, joint meeting, second session — Perris City Council, September 29, 2026 (part 1 of 5)

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AGENDA

JOINT MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, PUBLIC FINANCE AUTHORITY, PUBLIC UTILITY

AUTHORITY, HOUSING AUTHORITY, PERRIS JOINT POWERS AUTHORITY AND

PERRIS COMMUNITY ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF PERRIS
Tuesday, September 29, 2026 | 6:30 PM
City Council Chambers
(Corner of San Jacinto and Perris Boulevard)
101 North D St., Perris, CA
In compliance with the Americans with Disabilities Act and Government Code Section 54953(g), the City Council has adopted a reasonable accommodations policy to swiftly resolve accommodation requests. The policy can also be found on the City’s website at:
https://www.cityofperris.org/home/showpublisheddocument/15875/638102339679387909.

Please contact the City Clerk’s Of ice at (951) 943-6100 to make an accommodation request, or to obtain an electronic or printed copy of the policy.

THE CITY COUNCIL MEETING IS ALSO AVAILABLE FOR VIEWING AT THE FOLLOWING:

FOR CABLE SUBSCRIBERS ONLY WITHIN PERRIS: SPECTRUM: CHANNEL 3 | FRONTIER: CHANNEL 16 For further information on an agenda item, please contact the City at 101 N North “D” Street, or call (951)943-6100
Agenda 09-29-2026
1 A. Conference with Real Property Negotiators – Government Code Section 54956.8

1. Property: APN(s) 313-272-005 (129 E. 10th Street)
Negotiating Parties: Edgar and Stephanie Arredondo
City Negotiator: Clara Miramontes, City Manager
Under Negotiation: Price and terms of payment
B. Conference with Legal Counsel - Potential Litigation - Government Code Section 54956.9 (d)(2) – 2 cases
C. Conference with Legal Counsel - Potential Litigation - Government Code Section 54956.9 (d)(4) – 1 case

1. CALL TO ORDER: 6:30 p.m.

2. ROLL CALL:

Nava, Corona, Rabb, Vallejo, Vargas

3. INVOCATION:

Director Abdallah Jadallah
Perris Islamic Center
3895 N. Perris Blvd., Perris, CA 92571

4. PLEDGE OF ALLEGIANCE:

Councilmember Nava will lead the Pledge of Allegiance.

PUBLIC PARTICIPATION OPTIONS
TO PROVIDE IN-PERSON PUBLIC COMMENT:

You may provide public comment in-person by filling out a speaker card (optional) and giving it to the City Clerk.

TO PROVIDE ONLINE/AUDIO PUBLIC COMMENT:

To provide audio public comment, connect to the meeting online or by telephone please see below.

Join Online from PC, Mac, iPad or Android: https://us06web.zoom.us/j/83270967568-Use the Raise Hand feature to request to speak
Webinar ID: 832 7096 7568
Join via audio/telephone: +1 669 444 9171 US, +1 346 248 7799 US (Houston), +1 720 707 2699 US (Denver), +1 253 215 8782 US (Tacoma), +1 646 558 8656 US (New York), +1 301 715 8592 US (Washington DC), +1 312 626 6799 US (Chicago)
-Use *9 to request to speak | *6 to unmute/mute
CLOSED SESSION: 4:30 p.m.

ROLL CALL:

Nava, Corona, Rabb, Vallejo, Vargas
Agenda 09-29-2026
2 5. REPORT ON CLOSED SESSION ITEMS:

6. PRESENTATIONS/ANNOUNCEMENTS:

At this time, the City Council may recognize citizens and organizations that have made significant contributions to the community, and it may accept awards on behalf of the City.

6.A. Presentation by Laura Dania Ortega Figueroa, Consul for Community, Educational, and Cultural Affairs for the Consulate of Mexico in San Bernardino.

7. YOUTH ADVISORY COMMITTEE COMMUNICATIONS:

8. PUBLIC COMMENT/CITIZEN PARTICIPATION:

This is the time when any member of the public may bring a matter to the attention of the Mayor and the City Council that is within the jurisdiction of the City Council. The Ralph M. Brown act limits the Mayor’s, City Council’s, and staf ’s ability to respond to comments on non-agendized matters at the time such comments are made. Thus, your comments may be agendized for a future meeting or referred to staf . The City Council may discuss or ask questions for clarification, if desired, at this time. Public comment is limited to three (3) minutes.

9. APPROVAL OF MINUTES:

9.A. Consideration to approve the minutes of the Special Joint Meeting held on September 1, 2026 of the City Council, Successor Agency to the Redevelopment Agency, Public Finance Authority, Public Utility Authority, Housing Authority, Perris Community Economic Development Corporation and the Perris Joint Powers Authority.

9.B. Consideration to approve the minutes of the Regular Joint Meeting held on September 8, 2026 of the City Council, Successor Agency to the Redevelopment Agency, Public Finance Authority, Public Utility Authority, Housing Authority, Perris Community Economic Development Corporation and the Perris Joint Powers Authority.

10. CONSENT CALENDAR:

Consent Calendar items are normally enacted in one motion. The Mayor or City Council may remove a Consent Calendar item for separate action. Public comment is limited to three (3) minutes.

10.A. Consideration to adopt Proposed Resolution Number (next in order) adopting the State Conflict of Interest Code and amending the list of Designated Employees.

10.B. Consideration to adopt Proposed Resolution Number (next in order) regarding Annexation of CUP 24-05152 to Maintenance District No. 84-1 (Lighting). CUP 24-05152 is located on the southside of Old Nuevo Road. Owner(s): In-N-Out Burgers, Inc. APN(s): 311-050- 053

10.C. Consideration to adopt Proposed Resolution Number (next in order) regarding Annexation of CUP 24-05152 to Landscape Maintenance District No. 1 (LMD 1). CUP 24-05152 is located on the south side of Old Nuevo Road. Owner(s): In-N-Out Burgers, Inc. APN(s):
311-050-053.

10.D. Consideration to adopt Proposed Resolution Number (next in order) regarding Annexation of CUP 24-05152 to Flood Control Maintenance District No. 1 (FCMD 1). CUP 24-05152 Agenda 09-29-2026
3 is located on the south side of Old Nuevo Road. Owner(s): In-N-Out Burgers, Inc. APN(s):
311-050-053.

10.E. Consideration to adopt Proposed Resolution Number (next in order) regarding Annexation of CUP 24-05152 into CFD 1-S (South Perris Public Services District) – Annexation No.

18. CUP 24-05152 is located on the south side of Old Nuevo Road. APN(s): 311-050- 053. Owner(s): In-N-Out Burgers, Inc.

10.F. Consideration to approve the City's monthly Check Register for August 2026.

10.G. Consideration to approve Professional Services Agreement with HdL Companies for annual compliance and financial audit services for cannabis businesses in the City for a 2- year term with a contract amount of $288,000.

10.H. Consideration to approve a Professional Service Agreement with Spectrum Business for Internet Services in an amount not to exceed $225,900 for a sixty (60) month term.

10.I. Consideration to award a Public Art Agreement to Mass Murals LLC, for the installation of two (2) public art murals at Foss Field Park located at 138 N. Perris Boulevard, Perris, CA 92570, in the amount of $84,500, for an eight (8) week contract term.

10.J. Consideration to Approve Final Tract Map 24-05025 (FTM 31157 ) – Final approval of Tentative Tract Map No. 31157 to subdivide 31.04 acres into 132 single-family residential lots, generally located west of Evans Road, south of Nuevo Road, and north of San Jacinto Avenue, in the R-6,000 Zone of the Parkwest Specific Plan. Applicant: Jason Keller, PW Land Investments, LP.

10.K. Consideration to Approve Final Financing Parcel Map 26-00002 (FPM 38811) – Approval of Final Financing Parcel Map No. 38811 to subdivide approximately 197.28 net acres into 4 lots to allow for the sale of the properties associated with the Harvest Landing Specific Plan located north of Walmart Center Drive, south of Orange Avenue, east of Frontage Road, and west of North Perris Boulevard. Applicant: HIP SoCal Properties, LLC

10.L. Consideration to approve Professional Services Agreement with Hushmand Associates, Inc., for compaction and asphalt and concrete material testing services for the Perris Boulevard and Nuevo Road Pavement Rehabilitation Project (CIP S157) and Public Works Parking Lot Project (F076), in the amount of $177,997.50, for a 200-day contract term.

10.M. Consideration to Approve Professional Services Agreement with Albert A. Webb Associates, for Environmental and Design Engineering Services for the Goetz Road Bridge Replacement and Widening over the San Jacinto River (CIP S160), in the amount of $1,812,224.00, for a four (4) year contract term.

10.N. Consideration to Approve a Professional Services Agreement between the City of Perris and Municipal Project Management Services, LLC to provide Engineering project management support services in the amount not to exceed $125,000 for a one (1) year contract term.

10.O. Consideration to Approve the third, one (1) year extension through Amendment No.1 to First Amended and Restated Agreement for Professional Services between City of Perris Agenda 09-29-2026
4 and Left Coast Consultants, Inc., DBA Golden State Consultants, to continue to provide General Engineering Inspection Services in a total not to exceed amount of $900,000.00 for a one (1) year contract term.

10.P. Consideration to Approve IDI Logistics Request to Extend the Full Road Closure of Ellis Avenue between Case Road and Goetz Road to December 16, 2026.

10.Q. Consideration to Approve an Employee Travel Policy Including on a Per Diem Basis for Meals.

10.R. Consideration to Approve a Revised City Council Travel Policy Including on a Per Diem Basis for Meals.

10.S. Consideration to approve a Professional Services Agreement between the City of Perris and the Perris Valley Chamber of Commerce in the amount of $90,000 for a term of one (1) year.

11. PUBLIC HEARINGS:

The public is encouraged to express your views on any matter set for public hearing. It is our procedure to first receive the staf report, then to ask for public testimony, first from those in favor of the project followed by testimony from those in opposition to it, and if there is opposition, to allow those in favor, rebuttal testimony only as to the points brought up in opposition. To testify on the matter, you need to simply come forward to the speaker’s podium at the appropriate time, give your name and address and make your statement. After a hearing is closed, you may not further speak on the matter unless requested to do so or are asked questions by the Mayor or a Member of the City Council. Public comment is limited to three (3) minutes.

11.A. Consideration to Introduce and Conduct the First Reading by Title Only of Ordinance No. (next in order) regarding Zoning Code Text Amendment 26-00004 – A city-initiated proposal to amend the Zoning Code (Title 19) of the Perris Municipal Code by updating the Accessory Dwelling Unit regulations in Chapter 19.81 and the Reasonable Accommodations in Housing provisions in Chapter 19.87 for compliance with State law.

Applicant: City of Perris.

11.B. Consideration to Adopt Resolution Number (next in order) and Introduce and Conduct the First Reading by Title Only of Ordinance Number (next in order) regarding Planned Development (PD) Overlay Zone 22-05152, Tentative Tract Map 22-05153 (TTM 37907), Development Plan Review 22-00014 – A proposal to consider a gated residential development on 13.61 gross acres, located north of Metz Road between McKimball Road and “A” Street. Applicant: Anthony Arnest of Pacific Communities.

12. BUSINESS ITEMS: (not requiring a "Public Hearing"):

Public comment will be called for each non-hearing item. Please keep comments brief so that everyone who wishes to speak has the opportunity to do so. After public comment is closed, you may not further speak on the matter unless the Mayor or City Council requests further clarification of your statement. Public Comment is limited to three (3) minutes.

12.A. Consideration to adopt Proposed Resolution Numbers (next in order) regarding financing and issuance of bonds associated with CFD No. 2022-2 (Perris Logistics Center) to finance certain public facilities located outside or within the CFD. Perris Logistics Center has a northern site located at Redlands Avenue and Ellis Avenue and a southern site located at Mapes Road and Goetz Road within the City.

Agenda 09-29-2026
5 13. COUNCIL COMMUNICATIONS: (Committee Reports, Agenda Items, Meeting Requests and Review etc.)
This is an opportunity for the Mayor and City Councilmembers to report on their activities and the actions of the Committees upon which they sit, to bring a matter to the attention of the full Council and staf , and to request agenda items. Any matter that was considered during the public hearing portion is not appropriate for discussion in this section of the agenda. NO ACTION CAN BE TAKEN AT THIS TIME.

14. CITY MANAGER’S REPORT:

15. ADJOURNMENT:

Agenda 09-29-2026
6 CITY OF PERRIS

CITY COUNCIL

AGENDA SUBMITTAL

9.A.

BACKGROUND/DISCUSSION:

BUDGET (or FISCAL) IMPACT:

MEETING DATE: September 29, 2026
SUBJECT: Consideration to approve the minutes of the Special Joint Meeting held on September 1, 2026 of the City Council, Successor Agency to the Redevelopment Agency, Public Finance Authority, Public Utility Authority, Housing Authority, Perris Community Economic Development Corporation and the Perris Joint Powers Authority.

REQUESTED ACTION: Approve the minutes of the Special Joint Meeting held on September 1, 2026 of the City Council, Successor Agency to the Redevelopment Agency, Public Finance Authority, Public Utility Authority, Housing Authority, Perris Community Economic Development Corporation and the Perris Joint Powers Authority.

CONTACT: Nancy Salazar, CMC, City Clerk
None
None
.

Prepared By: Judy Haughney, Assistant City Clerk
Attachments:

1. Minutes-September1, 2026 Special Joint City Council Meeting.pdf 7 8
9 10

CITY OF PERRIS

CITY COUNCIL

AGENDA SUBMITTAL

9.B.

BACKGROUND/DISCUSSION:

BUDGET (or FISCAL) IMPACT:

MEETING DATE: September 29, 2026
SUBJECT: Consideration to approve the minutes of the Regular Joint Meeting held on September 8, 2026 of the City Council, Successor Agency to the Redevelopment Agency, Public Finance Authority, Public Utility Authority, Housing Authority, Perris Community Economic Development Corporation and the Perris Joint Powers Authority.

REQUESTED ACTION: Approve the minutes of the Regular Joint Meeting held on September 8, 2026 of the City Council, Successor Agency to the Redevelopment Agency, Public Finance Authority, Public Utility Authority, Housing Authority, Perris Community Economic Development Corporation and the Perris Joint Powers Authority.

CONTACT: Nancy Salazar, CMC, City Clerk
None
None
.

Prepared By: Judy Haughney, Assistant City Clerk
Attachments:

1. Minutes-September 8, 2026 Regular Joint City Council Meeting.pdf 11 12
13 14
15 16
17 18
19 20
21 CITY OF PERRIS

CITY COUNCIL

AGENDA SUBMITTAL

10.A.

BACKGROUND/DISCUSSION:

MEETING DATE: September 29, 2026
SUBJECT: Consideration to adopt Proposed Resolution Number (next in order) adopting the State Conflict of Interest Code and amending the list of Designated Employees.

REQUESTED ACTION: Adopt Resolution Number (next in order) adopting the State Conflict of Interest Code and amending the list of Designated Employees.

CONTACT: Saida Amozgar, Director of Administrative Services The Political Reform Act of 1974 requires that cities and other local agencies adopt a Conflict of Interest Code. The City of Perris’ (“City”) code requires disclosure of financial interests of certain employees, consultants and members of Boards and Commissions if these persons are likely to be involved in decision-making that could affect their own financial interests.

All public employees are subject to the State of California’s (“State”) general conflict of interest laws, which require them to refrain from participating in decisions that may affect their financial interests. In addition, employees in positions designated in the City’s Conflict of Interest Code must disclose specified financial interests through annual statements of economic interests filed with the City Clerk’s Office.

The City’s local Conflict of Interest Code does not include the City Council, Planning Commission, City Manager, City Attorney, City Treasurer, or positions responsible for overseeing public investments. Pursuant to Government Code Section 87200, individuals serving in these positions are required to file statements of economic interests directly with the Fair Political Practices Commission (“FPPC”).

The City Council last amended the City’s Conflict of Interest Code on September 24, 2024, by Resolution Number 6516. State law requires every local governmental agency to biennially review its conflict of interest code to determine whether it is accurate and up to date.

The list of designated positions is being updated to reflect the City’s current position classifications, .
22 BUDGET (or FISCAL) IMPACT:
duties, and nomenclature. The updated list, which includes additions, deletions, and position name changes, is attached to the resolution.

There is no impact to the budget as a result of this item.

Prepared By: Judy Haughney, Assistant City Clerk
Attachments:

1. Conflict of Interest Resolution 2026.docx

1. Exhibit A-Code of Regulations 18730.pdf

1. Exhibit B - 2026 Designated Positions.docx

1. Exhibit C - 2026 Disclosure Categories-Final.docx
23 01006.0001 2194942.1
ATTACHMENT 1
Conflict of Interest Resolution 2026
24 01006.0001 2194942.1
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

ADOPTING THE STATE CONFLICT OF INTEREST CODE AND

AMENDING THE LIST OF DESIGNATED EMPLOYEES
WHEREAS, Government Code Section 87300, et seq., of the Political Reform Act requires state and local government agencies to adopt conflict of interest codes and amend them on a regular basis; and
WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which the FPPC recommends be adopted by reference; and WHEREAS, the City of Perris (“City”) is a public body, and as such is required to adopt a conflict of interest code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PERRIS DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The terms of 2 California Code of Regulations Section 18730, a current copy of which is attached hereto as Attachment “A,” and any amendments to it hereafter duly adopted by the Fair Political Practices Commission, are hereby adopted and incorporated by reference.

Regulation 18730, as amended, and Attachments “B” and “C” to this Resolution, in which members and employees are designated and disclosure categories are set forth and explained, shall constitute the Conflict of Interest Code for the City of Perris.

Section 2. Employees designated in Attachment “B” shall file statements of economic interests (Form 700) with the City Clerk. The City Clerk shall retain a copy of all statements of economic interest and make them available for public inspection and reproduction as required by law.

Section 3. All prior Conflict of Interest Codes and lists of designated employees and positions are hereby repealed.

Section 4. The City Clerk shall certify as to the adoption of this Resolution and cause the filing of the Conflict of Interest Code in the manner prescribed by law.

ADOPTED, SIGNED and APPROVED this 29
h
day of September, 2026.
____________________________________
Michael M. Vargas, Mayor
25 01006.0001 2194942.1
ATTEST:
______________________________
Nancy Salazar
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §

CITY OF PERRIS )
I, Nancy Salazar, CITY CLERK OF THE CITY OF PERRIS, DO HEREBY CERTIFY that the foregoing Resolution Number ________ was duly adopted by the City Council of the City of Perris at a regular meeting of said Council held on the 29
th day of September, 2026, and that it was so
adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Nancy Salazar
City Clerk
City of Perris
Exhibit A – 18730 Provisions of Conflict of Interest Code Exhibit B – 2026 Designated Positions
Exhibit C – 2026 Disclosure Categories
26 ATTACHMENT 1
Exhibit A to Resolution
Code of Regulations 18730
27 1
10/30/24 Amend 18730
1 Amend 2 Cal. Code Regs., Section 18730 to read:
2 § 18730. Provisions of Conflict of Interest Codes.
3 (a) Incorporation by reference of the terms of this regulation along with the designation 4 of employees and the formulation of disclosure categories in the Appendix referred to below 5 constitute the adoption and promulgation of a conflict of interest code within the meaning of 6 Section 87300 or the amendment of a conflict of interest code within the meaning of Section 7 87306 if the terms of this regulation are substituted for terms of a conflict of interest code 8 already in effect. A code so amended or adopted and promulgated requires the reporting of 9 reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 10 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest 11 code are in addition to other requirements of the Political Reform Act, such as the general 12 prohibition against conflicts of interest contained in Section 87100, and to other state or local 13 laws pertaining to conflicts of interest.
14 (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant 15 to this regulation are as follows:
16 (1) Section 1. Definitions.
17 The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political 18 Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or 19 regulations, are incorporated by reference into this conflict of interest code. 20 (2) Section 2. Designated Employees.
21 The persons holding positions listed in the Appendix are designated employees. It has been 22 determined that these persons make or participate in the making of decisions which may 23 foreseeably have a material effect on economic interests. 28 2
10/30/24 Amend 18730
1 (3) Section 3. Disclosure Categories.
2 This code does not establish any disclosure obligation for those designated employees 3 who are also specified in Section 87200 if they are designated in this code in that same capacity 4 or if the geographical jurisdiction of this agency is the same as or is wholly included within the 5 jurisdiction in which those persons must report their economic interests pursuant to article 2 of 6 chapter 7 of the Political Reform Act, Sections 87200, et seq. 7 In addition, this code does not establish any disclosure obligation for any designated employees 8 who are designated in a conflict of interest code for another agency, if all of the following apply:
9 (A) The geographical jurisdiction of this agency is the same as or is wholly included 10 within the jurisdiction of the other agency;
11 (B) The disclosure assigned in the code of the other agency is the same as that required 12 under article 2 of chapter 7 of the Political Reform Act, Section 87200; and 13 (C) The filing officer is the same for both agencies. 14 Such persons are covered by this code for disqualification purposes only. With respect to 15 all other designated employees, the disclosure categories set forth in the Appendix specify which 16 kinds of economic interests are reportable. Such a designated employee shall disclose in the 17 employee's statement of economic interests those economic interests the employee has which are 18 of the kind described in the disclosure categories to which the employee is assigned in the 19 Appendix. It has been determined that the economic interests set forth in a designated employee's 20 disclosure categories are the kinds of economic interests which the employee foreseeably can 21 affect materially through the conduct of the employee's office. 22 (4) Section 4. Statements of Economic Interests: Place of Filing. 29 3
10/30/24 Amend 18730
1 The code reviewing body shall instruct all designated employees within its code to file 2 statements of economic interests with the agency or with the code reviewing body, as provided 3 by the code reviewing body in the agency's conflict of interest code. 4 (5) Section 5. Statements of Economic Interests: Time of Filing. 5 (A) Initial Statements. All designated employees employed by the agency on the effective 6 date of this code, as originally adopted, promulgated and approved by the code reviewing body, 7 shall file statements within 30 days after the effective date of this code. Thereafter, each person 8 already in a position when it is designated by an amendment to this code shall file an initial 9 statement within 30 days after the effective date of the amendment. 10 (B) Assuming Office Statements. All persons assuming designated positions after the 11 effective date of this code shall file statements within 30 days after assuming the designated 12 positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. 13 (C) Annual Statements. All designated employees shall file statements no later than April 14 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the 15 deadline for the annual statement of economic interests is 30 days following the person's return 16 to office, provided the person, or someone authorized to represent the person's interests, notifies 17 the filing officer in writing prior to the applicable filing deadline that the person is subject to that 18 federal statute and is unable to meet the applicable deadline, and provides the filing officer 19 verification of the person's military status.
20 (D) Leaving Office Statements. All persons who leave designated positions shall file 21 statements within 30 days after leaving office.
22 (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. 30 4
10/30/24 Amend 18730
1 Any person who resigns within 12 months of initial appointment, or within 30 days of the 2 date of notice provided by the filing officer to file an assuming office statement, is not deemed to 3 have assumed office or left office, provided the person did not make or participate in the making 4 of, or use the person's position to influence any decision and did not receive or become entitled 5 to receive any form of payment as a result of the person's appointment. Such persons shall not 6 file either an assuming or leaving office statement.
7 (A) Any person who resigns a position within 30 days of the date of a notice from the 8 filing officer shall do both of the following:
9 (1) File a written resignation with the appointing power; and 10 (2) File a written statement with the filing officer declaring under penalty of perjury that 11 during the period between appointment and resignation the person did not make, participate in 12 the making, or use the position to influence any decision of the agency or receive, or become 13 entitled to receive, any form of payment by virtue of being appointed to the position. 14 (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. 15 (A) Contents of Initial Statements.
16 Initial statements shall disclose any reportable investments, interests in real property and 17 business positions held on the effective date of the code and income received during the 12 18 months prior to the effective date of the code.
19 (B) Contents of Assuming Office Statements.
20 Assuming office statements shall disclose any reportable investments, interests in real 21 property and business positions held on the date of assuming office or, if subject to State Senate 22 confirmation or appointment, on the date of nomination, and income received during the 12 31 5
10/30/24 Amend 18730
1 months prior to the date of assuming office or the date of being appointed or nominated, 2 respectively.
3 (C) Contents of Annual Statements. Annual statements shall disclose any reportable 4 investments, interests in real property, income and business positions held or received during the 5 previous calendar year provided, however, that the period covered by an employee's first annual 6 statement shall begin on the effective date of the code or the date of assuming office whichever is 7 later, or for a board or commission member subject to Section 87302.6, the day after the closing 8 date of the most recent statement filed by the member pursuant to Regulation 18754. 9 (D) Contents of Leaving Office Statements.
10 Leaving office statements shall disclose reportable investments, interests in real property, 11 income and business positions held or received during the period between the closing date of the 12 last statement filed and the date of leaving office. 13 (7) Section 7. Manner of Reporting.
14 Statements of economic interests shall be made on forms prescribed by the Fair Political 15 Practices Commission and supplied by the agency, and shall contain the following information:
16 (A) Investment and Real Property Disclosure.
17 When an investment or an interest in real property is required to be reported, the statement shall 18 contain the following:
19 1. A statement of the nature of the investment or interest; 20 2. The name of the business entity in which each investment is held, and a general 21 description of the business activity in which the business entity is engaged; 22 3. The address or other precise location of the real property; 32 6
10/30/24 Amend 18730
1 4. A statement whether the fair market value of the investment or interest in real property 2 equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. 3 (B) Personal Income Disclosure. When personal income is required to be reported, the 4 statement shall contain:
5 1. The name and address of each source of income aggregating $500 or more in value, or 6 $50 or more in value if the income was a gift, and a general description of the business activity, 7 if any, of each source;
8 2. A statement whether the aggregate value of income from each source, or in the case of 9 a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater 10 than $10,000, or greater than $100,000;
11 3. A description of the consideration, if any, for which the income was received; 12 4. In the case of a gift, the name, address and business activity of the donor and any 13 intermediary through which the gift was made; a description of the gift; the amount or value of 14 the gift; and the date on which the gift was received; 15 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan 16 and the term of the loan.
17 (C) Business Entity Income Disclosure. When income of a business entity, including 18 income of a sole proprietorship, is required to be reported, the statement shall contain:
19 1. The name, address, and a general description of the business activity of the business 20 entity;
21 2. The name of every person from whom the business entity received payments if the 22 filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. 33 7
10/30/24 Amend 18730
1 (D) Business Position Disclosure. When business positions are required to be reported, a 2 designated employee shall list the name and address of each business entity in which the 3 employee is a director, officer, partner, trustee, employee, or in which the employee holds any 4 position of management, a description of the business activity in which the business entity is 5 engaged, and the designated employee's position with the business entity. 6 (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving 7 office statement, if an investment or an interest in real property was partially or wholly acquired 8 or disposed of during the period covered by the statement, the statement shall contain the date of 9 acquisition or disposal.
10 (8) Section 8. Prohibition on Receipt of Honoraria.
11 (A) No member of a state board or commission, and no designated employee of a state or 12 local government agency, shall accept any honorarium from any source, if the member or 13 employee would be required to report the receipt of income or gifts from that source on the 14 member's or employee's statement of economic interests. 15 (B) This section shall not apply to any parttime member of the governing board of any 16 public institution of higher education, unless the member is also an elected official. 17 (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this 18 section.
19 (D) This section shall not limit or prohibit payments, advances, or reimbursements for 20 travel and related lodging and subsistence authorized by Section 89506. 21 (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $590 $630. 22 (A) No member of a state board or commission, and no designated employee of a state or 23 local government agency, shall accept gifts with a total value of more than $590 $630 in a 34 8
10/30/24 Amend 18730
1 calendar year from any single source, if the member or employee would be required to report the 2 receipt of income or gifts from that source on the member's or employee's statement of economic 3 interests.
4 (B) This section shall not apply to any parttime member of the governing board of any 5 public institution of higher education, unless the member is also an elected official. 6 (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this 7 section.
8 (8.2) Section 8.2. Loans to Public Officials.
9 (A) No elected officer of a state or local government agency shall, from the date of the 10 election to office through the date that the officer vacates office, receive a personal loan from any 11 officer, employee, member, or consultant of the state or local government agency in which the 12 elected officer holds office or over which the elected officer's agency has direction and control. 13 (B) No public official who is exempt from the state civil service system pursuant to 14 subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while 15 he or she holds office, receive a personal loan from any officer, employee, member, or consultant 16 of the state or local government agency in which the public official holds office or over which 17 the public official's agency has direction and control. This subdivision shall not apply to loans 18 made to a public official whose duties are solely secretarial, clerical, or manual. 19 (C) No elected officer of a state or local government agency shall, from the date of the 20 election to office through the date that the officer vacates office, receive a personal loan from any 21 person who has a contract with the state or local government agency to which that elected officer 22 has been elected or over which that elected officer's agency has direction and control. This 23 subdivision shall not apply to loans made by banks or other financial institutions or to any 35 9
10/30/24 Amend 18730
1 indebtedness created as part of a retail installment or credit card transaction, if the loan is made 2 or the indebtedness created in the lender's regular course of business on terms available to 3 members of the public without regard to the elected officer's official status. 4 (D) No public official who is exempt from the state civil service system pursuant to 5 subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while 6 the official holds office, receive a personal loan from any person who has a contract with the 7 state or local government agency to which that elected officer has been elected or over which 8 that elected officer's agency has direction and control. This subdivision shall not apply to loans 9 made by banks or other financial institutions or to any indebtedness created as part of a retail 10 installment or credit card transaction, if the loan is made or the indebtedness created in the 11 lender's regular course of business on terms available to members of the public without regard to 12 the elected officer's official status. This subdivision shall not apply to loans made to a public 13 official whose duties are solely secretarial, clerical, or manual. 14 (E) This section shall not apply to the following:
15 1. Loans made to the campaign committee of an elected officer or candidate for elective 16 office.
17 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, 18 brother, sister, parentinlaw, brotherinlaw, sisterinlaw, nephew, niece, aunt, uncle, or first 19 cousin, or the spouse of any such persons, provided that the person making the loan is not acting 20 as an agent or intermediary for any person not otherwise exempted under this section. 21 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time. 22 4. Loans made, or offered in writing, before January 1, 1998. 23 (8.3) Section 8.3. Loan Terms.
36 10
10/30/24 Amend 18730
1 (A) Except as set forth in subdivision (B), no elected officer of a state or local 2 government agency shall, from the date of the officer's election to office through the date the 3 officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing 4 and clearly states the terms of the loan, including the parties to the loan agreement, date of the 5 loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan 6 and the amount of the payments, and the rate of interest paid on the loan. 7 (B) This section shall not apply to the following types of loans:
8 1. Loans made to the campaign committee of the elected officer. 9 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, 10 grandchild, brother, sister, parentinlaw, brotherinlaw, sisterinlaw, nephew, niece, aunt, uncle, 11 or first cousin, or the spouse of any such person, provided that the person making the loan is not 12 acting as an agent or intermediary for any person not otherwise exempted under this section. 13 3. Loans made, or offered in writing, before January 1, 1998. 14 (C) Nothing in this section shall exempt any person from any other provision of Title 9 of 15 the Government Code.
16 (8.4) Section 8.4. Personal Loans.
17 (A) Except as set forth in subdivision (B), a personal loan received by any designated 18 employee shall become a gift to the designated employee for the purposes of this section in the 19 following circumstances:
20 1. If the loan has a defined date or dates for repayment, when the statute of limitations for 21 filing an action for default has expired.
22 2. If the loan has no defined date or dates for repayment, when one year has elapsed from 23 the later of the following:
37 11
10/30/24 Amend 18730
1 a. The date the loan was made.
2 b. The date the last payment of $100 or more was made on the loan. 3 c. The date upon which the debtor has made payments on the loan aggregating to less 4 than $250 during the previous 12 months.
5 (B) This section shall not apply to the following types of loans:
6 1. A loan made to the campaign committee of an elected officer or a candidate for elective 7 office.
8 2. A loan that would otherwise not be a gift as defined in this title. 9 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which 10 the creditor has taken reasonable action to collect the balance due. 11 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which 12 the creditor, based on reasonable business considerations, has not undertaken collection action. 13 Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this 14 paragraph has the burden of proving that the decision for not taking collection action was based 15 on reasonable business considerations.
16 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately 17 discharged in bankruptcy.
18 (C) Nothing in this section shall exempt any person from any other provisions of Title 9 19 of the Government Code.
20 (9) Section 9. Disqualification.
21 No designated employee shall make, participate in making, or in any way attempt to use 22 the employee's official position to influence the making of any governmental decision which the 23 employee knows or has reason to know will have a reasonably foreseeable material financial 38 12
10/30/24 Amend 18730
1 effect, distinguishable from its effect on the public generally, on the official or a member of the 2 official's immediate family or on:
3 (A) Any business entity in which the designated employee has a direct or indirect 4 investment worth $2,000 or more;
5 (B) Any real property in which the designated employee has a direct or indirect interest 6 worth $2,000 or more;
7 (C) Any source of income, other than gifts and other than loans by a commercial lending 8 institution in the regular course of business on terms available to the public without regard to 9 official status, aggregating $500 or more in value provided to, received by or promised to the 10 designated employee within 12 months prior to the time when the decision is made; 11 (D) Any business entity in which the designated employee is a director, officer, partner, 12 trustee, employee, or holds any position of management; or 13 (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating 14 $590 $630 or more provided to, received by, or promised to the designated employee within 12 15 months prior to the time when the decision is made.
16 (9.3) Section 9.3. Legally Required Participation.
17 No designated employee shall be prevented from making or participating in the making 18 of any decision to the extent the employee's participation is legally required for the decision to be 19 made. The fact that the vote of a designated employee who is on a voting body is needed to break 20 a tie does not make the employees' participation legally required for purposes of this section. 21 (9.5) Section 9.5. Disqualification of State Officers and Employees. 22 In addition to the general disqualification provisions of section 9, no state administrative 23 official shall make, participate in making, or use the official's position to influence any 39 13
10/30/24 Amend 18730
1 governmental decision directly relating to any contract where the state administrative official 2 knows or has reason to know that any party to the contract is a person with whom the state 3 administrative official, or any member of the official's immediate family has, within 12 months 4 prior to the time when the official action is to be taken:
5 (A) Engaged in a business transaction or transactions on terms not available to members 6 of the public, regarding any investment or interest in real property; or 7 (B) Engaged in a business transaction or transactions on terms not available to members 8 of the public regarding the rendering of goods or services totaling in value $1,000 or more. 9 (10) Section 10. Disclosure of Disqualifying Interest. 10 When a designated employee determines that the employee should not make a governmental 11 decision because the employee has a disqualifying interest in it, the determination not to act may 12 be accompanied by disclosure of the disqualifying interest. 13 (11) Section 11. Assistance of the Commission and Counsel. 14 Any designated employee who is unsure of the duties under this code may request assistance 15 from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 16 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section 17 requires the attorney for the agency to issue any formal or informal opinion. 18 (12) Section 12. Violations.
19 This code has the force and effect of law. Designated employees violating any provision 20 of this code are subject to the administrative, criminal and civil sanctions provided in the 21 Political Reform Act, Sections 8100091014. In addition, a decision in relation to which a 22 violation of the disqualification provisions of this code or of Section 87100 or 87450 has 23 occurred may be set aside as void pursuant to Section 91003. 40 14
10/30/24 Amend 18730
1 Designated employees who are required to file statements of economic interests under any other 2 agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their 3 statement of economic interests to cover reportable interests in both jurisdictions, and file copies 4 of this expanded statement with both entities in lieu of filing separate and distinct statements, 5 provided that each copy of such expanded statement filed in place of an original is signed and 6 verified by the designated employee as if it were an original. See Section 81004. 7 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in 8 agencies who make and retain copies of statements and forward the originals to the filing officer. 9 For the purpose of disclosure only (not disqualification), an interest in real property does not 10 include the principal residence of the filer.
11 Investments and interests in real property which have a fair market value of less than 12 $2,000 are not investments and interests in real property within the meaning of the Political 13 Reform Act. However, investments or interests in real property of an individual include those 14 held by the individual's spouse and dependent children as well as a pro rata share of any 15 investment or interest in real property of any business entity or trust in which the individual, 16 spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 17 percent or greater.
18 A designated employee's income includes the employee's community property interest in 19 the income of the employee's spouse but does not include salary or reimbursement for expenses 20 received from a state, local or federal government agency. 21 Income of a business entity is reportable if the direct, indirect or beneficial interest of the 22 filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In 41 15
10/30/24 Amend 18730
1 addition, the disclosure of persons who are clients or customers of a business entity is required 2 only if the clients or customers are within one of the disclosure categories of the filer. 3 Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300 4 87302, 89501, 89502 and 89503, Government Code.
42 01006.0001 2147672.1
ATTACHMENT 1
Exhibit B to Resolution
2026 Designated Positions
43 01006.0001 2147672.1
EXHIBIT “B”
Designated Positions
and Disclosure Categories
The following positions are held by individuals involved in the making or who participate in the making of decisions which may foreseeably have a material effect on an economic interest. The Mayor, City Council members, Planning Commissioners, City Manager, City Attorney, City Treasurer, and officials who manage public investments are all required to file disclosure statements pursuant to State law and thus are not included herein.

DESIGNATED EMPLOYEES’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Accountant I/II 2, 5, 6, 7
Accounting Supervisor
Accounting Specialist I, II, III
2, 5, 6, 7
2, 5, 6, 7
Administrative Technician II, III
Animal Control Supervisor
Associate Engineer
Assistant City Clerk
Assistant City Engineer
1, 2, 6, 7
1, 2, 3. 6, 7
1, 2, 3, 6, 7
1, 2, 3, 4, 6, 7
1, 2, 3, 4, 6, 7
Assistant City Manager 1, 2, 3, 4, 6, 7
Assistant Director of Community Services
Associate Engineer
1, 2, 3, 4, 6, 7
2, 3, 4
Associate/Assistant Planner
Building Official / Fire Marshal
Building and Safety Manager
2, 3,
1, 2, 3, 4, 6, 7
1, 2, 3, 4, 6, 7
Capital Improvement Project Manager
Chief Information Officer
Counter Services Supervisor
Code Compliance Officer I, II, III
Code Enforcement Manager
Code Compliance Supervisor
1, 2, 3, 4, 6, 7
6, 7
1, 2, 3, 4
1, 2, 3, 4, 7
2, 3, 7
1,2,3,4,7
Combination Building Inspectors I, II, III
Community Services Supervisor
2, 3, 7
6, 7
Deputy City Manager
Development Services Assistant II/III
1, 2, 3, 4, 6, 7
1, 2, 6, 7
44 01006.0001 2147672.1
Digital Media Supervisor
Director of Administrative Services
Director of Parks and Community Services
6, 7
1, 2, 3, 4, 6, 7
1, 2, 3, 4, 6, 7
Director of Development Services 1, 2, 3, 4, 6, 7
Director of Finance
Director of Econ. Development
1, 2, 3, 4, 5, 6, 7
1, 2, 3, 4, 6, 7
Director of Public Works
Director of Public Services
Director of Municipal Enforcement Services
Emergency Operations and Cannabis
Compliance Manager
Engineering Designer
Executive Assistant
Economic Development Manager
Finance Manager
1, 2, 3, 4, 6, 7
1, 2, 3, 4, 6, 7
1, 2, 3, 4, 6, 7
1, 2, 3, 4, 6, 7 6, 7
6, 7
1, 2, 3, 4, 6, 7
2, 5, 6, 7
GIS Analyst
Human Resources Analyst
Human Resources and Risk Manager
Human Resources Technician II, III
6, 7
6, 7
1, 2, 6, 7
6,7
Information Technology Supervisor
Landscape Maintenance Dist. Inspector
Legislative Analyst
Management Analyst
Management Assistant
Network Engineer
Operations Supervisor
Parks Coordinator
Parks Crew Leader
Parks Ranger
Parks Services Manager
6, 7
2, 3, 7
1, 2
2, 5, 6, 7
1, 2, 3, 4, 6, 7
6, 7
6, 7
6, 7
6, 7
6, 7
2, 4, 6, 7
Planning Manager
Principal Management Analyst
Principal Planner
Program Assistant
Program Aide
Program Coordinator
Project Coordinator
Project Manager
Public Information Officer
1, 2, 3, 4
2, 5, 6, 7
1, 2, 3, 4
1, 2, 6, 7
1, 2, 6, 7
6, 7
6, 7
1, 2, 3, 4, 6, 7
6, 7
45 01006.0001 2147672.1
Public Services Manager 1, 6, 7
Public Works Manager
Public Works Environmental Coordinator
1, 2, 4, 7
1, 2, 4, 5, 6, 7
Recreation Coordinator
Senior Accounting Specialist
Senior Administrative Assistant
Senior Animal Control Officer
6, 7
5, 6, 7
6, 7
1, 2, 3, 6, 7
Senior Code Compliance Officer 1, 2, 3, 4, 7
Senior Construction Manager
Senior Engineering Inspector
Senior Planner
Senior Projects Planner
Senior Recreation Coordinator
1, 2, 3, 4
1, 2, 3, 4
2, 3, 4
2, 3, 4
6, 7
Special Districts Supervisor 2, 3, 7
City Clerk 1, 2, 3, 4, 6, 7
City Engineer 1, 2, 3, 4, 6, 7
Fire Chief 2, 3, 7
Police Chief 2, 3, 7
Consultants* 1, 2, 4, 5, 6
Members of the Public Safety Commission 1, 2, 3, 4, 7
Beautification Committee
Public Health Supervisor
Parks Supervisor
Members of the Successor Board to the
Redevelopment Agency
1, 2, 4
1, 2, 3, 6, 7
1, 2, 4, 6, 7
1,2,3,4,6,7
____________________________
 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitation:

The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
46 01006.0001/291169.1
1006/001/24528 v3
ATTACHMENT 1
Exhibit C to Resolution
2026 Disclosure Categories
47 EXHIBIT “C”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income, or real property which the designated employee must disclose for each disclosure category to which he or she is assigned.

Category 1: All investments and management positions in and sources of income from, all business entities that do business or own real property in the City, plan to do business or own real property in the City within the next year or have done business or owned real property in the City within the past two years.

Category 2: All interests in real property which is located in whole or in part within, or not more than (2) miles outside, the boundaries of the City.

Category 3: All investments and management positions in, and sources of income from, business entities subject to the regulatory, permit or licensing authority of the Designated Employee’s Department, will be subject to such authority within the next year or have been subject to such authority within the past two years.

Category 4: All investments in, and sources of income from, business entities that are engaged in land development, construction or the acquisition or sale of real property in the City, plan to engage in such activities in the City within the next year or have engaged in such activities in the City within the past two years.

Category 5: All investments and management positions in, and sources of income from, business entities that are banking, savings and loan or other financial institutions.

Category 6: All investments and management positions in, and sources of income from, business entities that provide services, supplies, materials, machinery or equipment of a type purchased or leased by the City.

Category 7: All investments and management positions in, and sources of income from, business entities that provide services, supplies, materials, machinery or equipment of a type used or administered by the Designated Employee’s Department. 48 CITY OF PERRIS

CITY COUNCIL

AGENDA SUBMITTAL

10.B.

BACKGROUND/DISCUSSION:

BUDGET (or FISCAL) IMPACT:

MEETING DATE: September 29, 2026
SUBJECT: Consideration to adopt Proposed Resolution Number (next in order) regarding Annexation of CUP 24-05152 to Maintenance District No. 84- 1 (Lighting). CUP 24-05152 is located on the southside of Old Nuevo Road. Owner(s): In-N-Out Burgers, Inc. APN(s): 311-050-053 REQUESTED ACTION: That the City Council:
1) Adopt a Resolution Ordering Preparation of the Engineer’s Report 2) Adopt a Resolution Preliminarily Approving Engineer’s Report 3) Adopt a Resolution of Intention to Annex CUP 24-05152 and setting a public hearing date of November 10, 2026
CONTACT: John Pourkazemi, City Engineer
CUP 24-05152 is an approved development project approved by Planning Commission on August 20, 2025. The project consists of a 1,741 square foot drive-through coffee shop (Better Buzz Coffee Roasters) on 0.63 acres of a larger 1.21-acre parcel, located on the south side of Old Nuevo Road, in the Commercial Community (CC) Zone. (See attached Vicinity Map.) The annexation of CUP 24-05152 will allow the City to finance a portion of the annual maintenance costs for the traffic signal at the intersection of Nuevo Road and Old Nuevo Road.

The current maximum annual assessment is $240.18. Each year the current maximum annual assessment shall be increased by an amount equal to the greater of the Consumer Price Index (“CPI”) from January to January for the Riverside-San Bernardino- Ontario Area for Urban Consumers, as developed by U.S. Bureau of Labor Statistics, or three percent (3%). If a deficit is projected for the upcoming fiscal year, the assessment can be further increased by an amount equal to the Southern California Edison rate percent increase projected for the upcoming fiscal year. .

Prepared By: Enrique Najera, Managers Assistant
49 Attachments:

1. Vicinity Map.pdf

2. Resolution to Order Engineer's Report.pdf

3. Engineer's Report.pdf

4. Resolution to Preliminarily Approve Engineer's Report.pdf

5. Resolution of Intent.pdf
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75

CITY OF PERRIS

CITY COUNCIL

AGENDA SUBMITTAL

10.C.

BACKGROUND/DISCUSSION:

BUDGET (or FISCAL) IMPACT:

MEETING DATE: September 29, 2026
SUBJECT: Consideration to adopt Proposed Resolution Number (next in order) regarding Annexation of CUP 24-05152 to Landscape Maintenance District No. 1 (LMD 1). CUP 24-05152 is located on the south side of Old Nuevo Road. Owner(s): In-N-Out Burgers, Inc. APN(s): 311-050- 053.

REQUESTED ACTION: That the City Council:
1) Adopt a Resolution Ordering Preparation of the Engineer’s Report 2) Adopt a Resolution Preliminarily Approving Engineer’s Report 3) Adopt a Resolution of Intention to Annex CUP 24-05152 and setting a public hearing date of November 10, 2026
CONTACT: John Pourkazemi, City Engineer
CUP 24-05152 is an approved development project approved by Planning Commission on August 20, 2025. The project consists of a 1,741 square foot drive-through coffee shop (Better Buzz Coffee Roasters) on 0.63 acres of a larger 1.21-acre parcel, located on the south side of Old Nuevo Road, in the Commercial Community (CC) Zone. (See attached Vicinity Map.) The annexation of CUP 24-05152 as Benefit Zone 205 will allow the City to finance the annual maintenance of landscape improvements that benefits this property to be installed in conjunction with the project.

The current maximum annual assessment is $2,002.13. Each year beginning Fiscal Year 2027-28, the current maximum annual assessment shall be increased by an amount equal to the greater of the Consumer Price Index (“CPI”) from January to January for the Riverside-San Bernardino-Ontario Area for Urban Consumers, as developed by U.S. Bureau of Labor Statistics, or three percent (3%). If a deficit is projected for the upcoming fiscal year, the assessment can be further increased by an amount equal to the Southern California Edison and the Eastern Municipal Water District rate percent increase(s) projected for the upcoming fiscal year.
.
76 Prepared By: Enrique Najera, Managers Assistant
Attachments:

1. VICINITY MAP.pdf

2. Resolution to Order Engineer's Report.pdf

3. Engineer's Report.pdf

4. Resolution to Preliminarily Approve Engineer Report.pdf

5. Resolution of Intent.pdf
77 Attachment No. 1
Vicinity Map
78 CITY OF PERRIS

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS. /
Legend

PROPOSED ANNEXATION BOUNDARY

MAP REFERENCE NUMBER

CITY OF PERRIS BOUNDARY
1 NUEVO RD

RAMONA EXPY

SITE LOCATION
1 OLD NUEVO RD
SITE

MAP REFERENCE
NUMBER

ASSESSOR'S

PARCEL NUMBER
1 311-050-053

DIAGRAM OF ANNEXATION OF
CUP 24-05152 TO BENEFIT ZONE 205
LANDSCAPE MAINTENANCE DISTRICT NO. 1
79 Attachment No. 2
Resolution to Order Engineer's Report
80 81
82 83
Attachment No.

Engineer's Report
84 85
86 87
88 89

CITY OF PERRIS

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS. /
Legend

PROPOSED ANNEXATION BOUNDARY

MAP REFERENCE NUMBER

CITY OF PERRIS BOUNDARY
1 Attachment 2

NUEVO RD

RAMONA EXPY

SITE LOCATION
1 OLD NUEVO RD
SITE

MAP REFERENCE
NUMBER

ASSESSOR'S

PARCEL NUMBER
1 311-050-053

DIAGRAM OF ANNEXATION OF
CUP 24-05152 TO BENEFIT ZONE 205
LANDSCAPE MAINTENANCE DISTRICT NO. 1
90 91
92 CITY OF PERRIS

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS. /
Legend

PROPOSED ANNEXATION BOUNDARY

MAP REFERENCE NUMBER

CITY OF PERRIS BOUNDARY
1 Attachment 3-3

NUEVO RD

RAMONA EXPY

SITE LOCATION
1 OLD NUEVO RD
SITE

MAP REFERENCE
NUMBER

ASSESSOR'S

PARCEL NUMBER
1 311-050-053

EXHIBIT A TO CONSENT AND WAIVER
ANNEXATION OF CUP 24-05152 TO BENEFIT ZONE 205
LANDSCAPE MAINTENANCE DISTRICT NO. 1
93 Attachment No.

Resolution to Preliminarily Approve Engineer's Report
94 95
96 97
Attachment No.

Resolution of Intent
98 99
100
101
102
103

CITY OF PERRIS

CITY COUNCIL

AGENDA SUBMITTAL

10.D.

BACKGROUND/DISCUSSION:

BUDGET (or FISCAL) IMPACT:

MEETING DATE: September 29, 2026
SUBJECT: Consideration to adopt Proposed Resolution Number (next in order) regarding Annexation of CUP 24-05152 to Flood Control Maintenance District No. 1 (FCMD 1). CUP 24-05152 is located on the south side of Old Nuevo Road. Owner(s): In-N-Out Burgers, Inc. APN(s): 311-050- 053.

REQUESTED ACTION: That the City Council adopt a Resolution of Intention to Annex CUP 24- 05152 to Flood Control Maintenance District No. 1 and set a public hearing date of November 10, 2026.

CONTACT: John Pourkazemi, City Engineer
CUP 24-05152 is an approved development project approved by Planning Commission on August 20, 2025. The project consists of a 1,741 square foot drive-through coffee shop (Better Buzz Coffee Roasters) on 0.63 acres of a larger 1.21-acre parcel, located on the south side of Old Nuevo Road, in the Commercial Community (CC) Zone. (See attached Vicinity Map.) As a condition of approval, the project is required to annex into FCMD 1. This district provides revenue for the annual maintenance of flood control improvements installed in conjunction with new development. The site for CUP 24-05152 is located adjacent to CUP 22-05055, which was annexed into Flood Control Maintenance District No. 1 as Benefit Zone 145. The improvements maintained under Benefit Zone 145 include 24-inch reinforced concrete storm drain pipe (“RCP”) and appurtenances, all located within the public right-ofway. Since these improvements are the same ones that provide storm drain benefits to CUP 24-05152, it will be annexed into Benefit Zone 145 and will contribute to a share of the cost of maintenance of these facilities that provide such benefits. The improvements are to be maintained by Benefit Zone 145 in perpetuity. The per benefit unit maximum annual assessment is $2,697.17. The portion of these costs assigned to CUP 24-05152 is a maximum annual assessment of $1,125.37.

The current maximum annual assessment is $1,125.37. Each year beginning in Fiscal Year 2027-28, the current maximum annual assessment shall be increased by an amount equal to the greater of the .
104
Consumer Price Index (“CPI”) from January to January for the Riverside-San Bernardino-Ontario Area for Urban Consumers, as developed by U.S. Bureau of Labor Statistics, or three percent (3%). If a deficit is projected for the upcoming fiscal year, the assessment can be further increased by an amount equal to the Southern California Edison and the Eastern Municipal Water District rate percent increase(s) projected for the upcoming fiscal year.

Prepared By: Enrique Najera, Managers Assistant
Attachments:

1. VICINITY MAP.pdf

2. ENGINEERS REPORT.pdf

3. RESOLUTION OF INTENT.pdf
105
Attachment No. 1
Vicinity Map
106

CITY OF PERRIS

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS. /
Legend

PROPOSED ANNEXATION BOUNDARY

MAP REFERENCE NUMBER

CITY OF PERRIS BOUNDARY
1 DIAGRAM OF ANNEXATION OF
CUP 24-05152 TO BENEFIT ZONE 145
FLOOD CONTROL MAINTENANCE DISTRICT NO. 1

NUEVO RD

RAMONA EXPY

SITE LOCATION
1 OLD NUEVO RD
SITE
CURRENT BZ145

MAP REFERENCE
NUMBER

ASSESSOR'S

PARCEL NUMBER
1 311-050-053
107
Attachment No.

Engineer's Report
108
109
110
111
112
113

CITY OF PERRIS

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS. /
Legend

PROPOSED ANNEXATION BOUNDARY

MAP REFERENCE NUMBER

CITY OF PERRIS BOUNDARY
1 DIAGRAM OF ANNEXATION OF
CUP 24-05152 TO BENEFIT ZONE 145
FLOOD CONTROL MAINTENANCE DISTRICT NO. 1
Attachment 2

NUEVO RD

RAMONA EXPY

SITE LOCATION
1 OLD NUEVO RD
SITE
CURRENT BZ145

MAP REFERENCE
NUMBER

ASSESSOR'S

PARCEL NUMBER
1 311-050-053
114
115
116

CITY OF PERRIS

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS. /
Legend

PROPOSED ANNEXATION BOUNDARY

MAP REFERENCE NUMBER

CITY OF PERRIS BOUNDARY
1 EXHIBIT A TO CONSENT AND WAIVER
ANNEXATION OF CUP 24-05152 TO BENEFIT ZONE 145
FLOOD CONTROL MAINTENANCE DISTRICT NO. 1
Attachment 3-3

NUEVO RD

RAMONA EXPY

SITE LOCATION
1 OLD NUEVO RD
SITE

MAP REFERENCE
NUMBER

ASSESSOR'S

PARCEL NUMBER
1 311-050-053
117
Attachment No.

Resolution of Intent
118
119
120
121
122

CITY OF PERRIS

CITY COUNCIL

AGENDA SUBMITTAL

10.E.

BACKGROUND/DISCUSSION:

MEETING DATE: September 29, 2026
SUBJECT: Consideration to adopt Proposed Resolution Number (next in order) regarding Annexation of CUP 24-05152 into CFD 1-S (South Perris Public Services District) – Annexation No. 18. CUP 24-05152 is located on the south side of Old Nuevo Road. APN(s): 311-050-053.

Owner(s): In-N-Out Burgers, Inc.

REQUESTED ACTION: Adopt a Resolution of Intention to Annex Territory to CFD 1-S and setting a public hearing date of November 10, 2026
CONTACT: Matthew Schenk, CPA, Director of Finance
CUP 24-05152 is an approved development project approved by Planning Commission on August 20, 2025. The project consists of a 1,741 square foot drive-through coffee shop (Better Buzz Coffee Roasters) on 0.63 acres of a larger 1.21-acre parcel, located on the south side of Old Nuevo Road, in the Commercial Community (CC) Zone. (See attached Vicinity Map.) In 2006, the City Council formed Community Facilities District No. 1-S (South Perris Public Services) (the “Original District”), for the purpose of paying for additional public services and fire protection services within the area serviced by the Original District. On October 10, 2006, the qualified electors within the Original District approved by more than a two-thirds (2/3) vote the proposition of levying a special tax within the Original District. Subsequently, four other developments were annexed to the District and adopted the special taxes to be levied therein (the “Annexations” and, together with the Original District, the “District”). Other development and commercial projects in the City will be annexed to the District in the future.

The property owner of the parcel(s) listed on the map attached to the following Resolution has filed a petition requesting annexation to the District and waiving the notice and time periods for the election as permitted by the Mello-Roos Community Facilities Act of 1982.

This Resolution will commence the annexation process for the property described on the map attached to the resolution to the District. This resolution will set a public hearing for November 10, 2026 regarding the proposed annexation. An election will be held following the public hearing. At that time the landowner will vote on annexing their property to the District and levying special taxes within their District. The special tax levy for Fiscal Year 2026-2027 is $465.10 for Single-Family Residential Units, $232.55 for Multi-Family Residential Units, and $1,860.40 per acre for Non-Residential parcels. For .
123
BUDGET (or FISCAL) IMPACT:
each subsequent fiscal year following Fiscal Year 2026-2027, the Maximum Special Tax may be increased by an amount not to exceed two percent (2.00%) per year The property owner has forwarded a deposit to initiate the annexation process, and the City may recoup all costs through the levy of the special tax.

Prepared By: Matthew Schenk, Director of Finance
Attachments:

1.Boundary Map.pdf

2.CFD 1-S Annex18 Reso of Intention.docx
124
Attachment No. 1
125
126
ATTACHMENT NO. 2

RESOLUTION OF INTENTION
127

RESOLUTION NUMBER XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PERRIS ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 1-S (SOUTH

PERRIS PUBLIC SERVICES) OF THE CITY OF PERRIS

DECLARING ITS INTENTION TO ANNEX CERTAIN
TERRITORY THERETO [ANNEXATION NO. 18]
WHEREAS, the City Council (the “Council”) of the City of Perris, California (the “City”), on August 29, 2006, has adopted its resolution of intention (the “Resolution of Intention”) stating its intention to form Community Facilities District No. 1-S (South Perris Public Services) of the City of Perris (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”) being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, within the territory described more fully on the map entitled “Boundary Map, County of Riverside, California, Community Facilities District No. 1-S (South Perris Public Services) of the City of Perris,” a copy of which is on file with the City Clerk of the City of Perris; and
WHEREAS, on October 10, 2006, the Council adopted Resolution No. 3783 which established the District and called an election within the District on the proposition of levying a special tax; and
WHEREAS, on October 10, 2006, an election was held within the District at which the qualified electors approved by more than a two-thirds (2/3) vote the proposition of levying a special tax pursuant to a special tax formula (the “Rate and Method of Apportionment”) as set forth in Resolution No. 3783 and attached hereto and incorporated herein as Exhibit “A,” showing the tax levels in Fiscal Year 2005-06 and certain changes to indicate commencement of the levy the special tax; and
WHEREAS, the Council has heretofore adopted an Ordinance (the “Ordinance”) which provided for the levying and collection of special taxes (the “Special Taxes”) within the District, as provided in the Act and the Ordinance in accordance with the Rate and Method of Apportionment; and
WHEREAS, a petition (the “Petition”) requesting the institution of proceedings for annexation to the District signed by the landowner within the proposed territory to be annexed (the “Property”) as more fully described in Exhibit “B,” attached hereto and incorporated herein, has been received, filed with and accepted by the City Clerk of the City of Perris; and WHEREAS, the Council has duly considered the admissibility and necessity of instituting proceedings to annex the Property to the District under and pursuant to the terms and conditions and provisions of Article 3.5 of the Act, commencing with Government Code Section 53339; and 128
RESOLUTION NUMBER XXXX Page 2
WHEREAS, the Council has determined to institute proceedings for the annexation of such Property to the District, and has determined to (a) set forth the boundaries of the territory which is proposed for annexation to the District, (b) state the public services to be provided in and for the Property, (c) specify the Special Taxes to be levied with the Property, and (d) set a date, time and place for a public hearing relating to the annexation of the Property to the District and the levy of special tax therein to pay for such public facilities.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Perris, California, as follows:

Section 1. That the above recitals are all true and correct.

Section 2. It is the intention of the Council, acting as the legislative body of the District, to annex the Property to the District under and pursuant to the terms and provisions of the Act. The boundaries of the Property proposed for annexation to the District are more particularly described and shown on that certain map entitled “Annexation Map No. 18 to Community Facilities District No. 1-S (South Perris Public Services)” that has been filed with the City Clerk of the City and a copy of which, together with a legal description of such territory, is described in Exhibit “B.” The City Clerk is hereby authorized and directed to endorse the Certificate on said map evidencing the date and adoption of this resolution and is further authorized and directed to file said map with the County Recorder of the County of Riverside in accordance with the provisions of Section 3111 of the California Streets and Highways Code within fifteen (15) days of the adoption of this resolution and not later than fifteen (15) days prior to the date of the public hearing as set forth in Section 5 hereof.

Section 3. It is the intention of the Council to order the financing of (1) fire protection and suppression services, and ambulance and paramedic services including all furnishings, equipment and supplies related thereto; (2) police protection services, including but not limited to criminal justice services, including all furnishings, equipment and supplies related thereto (collectively, the “Services”); and (3) the incidental expenses to be incurred in connection with financing the Services and forming and administering the District (the “Incidental Expenses”). The Services are public services that the City or a public agency is authorized by law to contribute revenue to or to provide. A description of the types of Services to be financed is set forth in Resolution No. 3783 and incorporated herein by reference. The Services to be financed by or on behalf of the District are necessary to meet increased demand upon the City and other public agencies as a result of development occurring within the boundaries of the Property. The Property, on a per unit basis, will share in the cost of the Services in the same proportion as units within the existing District pursuant to the Rate and Method of Apportionment.

The final nature and location of the Services will be determined upon the preparation of final plans and specifications which may show substitutes in lieu of, or modifications to, the proposed Services. Any such substitution shall not be deemed a change or modification of the Services so long as the substitution provides a service substantially similar to the Services. 129
RESOLUTION NUMBER XXXX Page 3
Section 4. It is the intention of the City Council that, except where funds are otherwise available, a special tax sufficient to pay for the Services and the Facilities, including the repayment of funds advanced to the District, annual administration expenses in determining, apportioning, levying and collecting such Special Taxes, secured by recordation of a continuing lien against all non-exempt real property within the boundaries of the Property, will be levied annually on land within the boundaries of the Property. The Rate and Method of Apportionment shall remain unchanged as a result of the proposed annexation, except that the conditions to commencement of the tax have been met. The Property will be subject to the Special Tax pursuant to the Rate and Method of Apportionment. The special tax as apportioned to each parcel within the Property is fairly apportioned as determined by the City Council and as permitted by Section 53339.3 of the Act, and the apportionment of the special tax is not on or based upon the value or ownership of real property.

Section 5. Notice is hereby given that on the 10th day of November 2026, at the hour of 6:30 p.m., or as soon thereafter as is practicable, in the chambers of the City Council of the City of Perris, 101 North “D” Street, Perris, California 92570, a public hearing will be held at which the City Council, as the legislative body of the District, shall consider the proposed annexation of the Property and all other matters as set forth in this Resolution of Intention. At the abovementioned time and place for such public hearing, any persons interested, including all taxpayers, property owners and registered voters within the District and the Property proposed to be annexed, may appear and be heard, and such testimony for or against the proposed annexation will be heard and considered.

Section 6. Any protests may be made orally or in writing, except that any protests pertaining to the regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for such public hearing, and any written protest may be withdrawn in writing at any time before the conclusion of such public hearing. If written protests against the proposed annexation are filed by fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing within the existing District, or by fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing within the Property proposed to be annexed, or by owners of one-half (1/2) or more of the area of land included within the existing District, or by owners of one-half (1/2) or more of the area of land proposed to be annexed to the District, the proceedings shall be abandoned as to those matters receiving a majority protest.

Section 7. If, following the public hearing described herein, the Council determines to annex the Property to the District and levy a special tax thereon, the Council shall then submit the annexation of the Property and levy of the special tax to the qualified voters of the Property. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the territory of the Property for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters residing within the Property, with each voter having one (1) vote. Otherwise, the vote shall be a mail ballot election, consistent with Section 53327.5 of the Act, by the landowners of the Property who are owners of record at the close of the public hearing, with each landowner having one (1) vote for each acre or portion of an acre of land owned within the Property. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner. 130
RESOLUTION NUMBER XXXX Page 4
Section 8. The City may accept advances of funds or work-in-kind from any sources, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying the cost incurred in annexing the Property to the District. The District may enter into an agreement with the person or entity advancing the funds or work-inkind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the Council, with or without interest.

Section 9. The City Clerk is hereby directed, to the extent that such notice is required, to publish a notice (“Notice”) of the hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed District. Such Notice shall contain the text of this Resolution of Intention, state the time and place of the hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed District as provided in Section 53324 of the Act and a description of the proposed voting procedure for the election required by the Act.

Such publication shall be completed at least seven (7) days prior to the date of the Hearing.

Section 10. This resolution shall take effect immediately upon its adoption.

ADOPTED, SIGNED and APPROVED this 29th day of September, 2026. ____________________________________
Mayor, Michael M. Vargas
ATTEST:
______________________________
City Clerk, Nancy Salazar
131
RESOLUTION NUMBER XXXX Page 5

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §

CITY OF PERRIS )
I, Nancy Salazar, CITY CLERK OF THE CITY OF PERRIS, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution Number ____ was duly and regularly adopted by the City Council of the City of Perris at a regular meeting held the 29th day of September, 2026, by the following called vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
City Clerk, Nancy Salazar
132

RESOLUTION NUMBER XXXX
A-1
Exhibit A
City of Perris
Community Facilities District No. 1-S,
South Perris Public Services CFD

SPECIAL TAX RATE AND METHOD OF APPORTIONMENT
A Special Tax shall be levied on all Taxable Property within the boundaries of the City of Perris Community Facilities District No. 1-S (South Perris Public Services) (the “District”) and collected each Fiscal Year commencing in Fiscal Year 2006/07 according to the tax liability determined by the Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All Taxable Property shall be taxed to the extent and in the manner herein provided.

A. DEFINITIONS
Acreage means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. An Acre means 43,560 square feet of land.

Act means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.

Administrative Expenses means the costs incurred by the City to determine, levy and collect the Special Taxes, including salaries of City employees and the fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls; preparation of required reports, and any other costs required to administer the District as determined by the City.

Annual Cost(s) means for each Fiscal Year, the total of 1) the estimated cost of Services as determined by the City; 2) Administrative Expenses; and 3) any amounts needed to cure actual or projected delinquencies in Special Taxes for the current or previous Fiscal Year.

Annual Tax Escalation Factor means an increase in the Maximum Special Tax Rate each year following the Base Year in an amount not to exceed 2% annually.

Assessor means the Assessor of the County of Riverside.

Assessor’s Parcel means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number.
133

RESOLUTION NUMBER XXXX
A-2
Assessor’s Parcel Map means an official map of the Assessor designating parcel(s) by Assessor’s Parcel Number(s).

Assessor’s Parcel Number means the number assigned to an Assessor’s Parcel by the County for purposes of identification.

Base Year means Fiscal Year ending June 30, 2006.

CFD No. 1-S means the City of Perris Community Facilities District No. 1-S (South Perris Public Services).

CFD Administrator means an official of the City, or designee thereof, responsible for determining the Annual Costs and for levying and collecting the Special Taxes.

Council means the City Council of the City of Perris which acts for the District under the Act.

County means the County of Riverside, California.

Developed Property means for each Fiscal Year, commencing with Fiscal Year 2006/07, each Assessor’s Parcel, for which a building permit for new construction was issued prior to May 1 of the previous Fiscal Year.

Exempt Property means an Assessor’s Parcel that is not classified as Taxable Property. Exempt Property is not subject to the Special Tax.

Fiscal Year means the period starting on July 1 and ending the following June 30.

Land Use Class means any of the classes listed in Table 1 under Section C below.

Maximum Annual Special Tax means the greatest amount of Special Tax, determined in accordance with Section C below, which may be levied in any Fiscal Year on any Assessor’s Parcel.

Multi-Family Unit means all Developed Property for which building permits have been issued for attached residential units.

Non-Residential Property means all Developed Property for which a building permit(s) was issued for a non-residential use.

Public Property means any property within the boundaries of the District, the ownership of which is transferred to a public agency of the District, and is used for rights-of-way or any other purpose and is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency where the public agency has officially agreed to accept the offer of dedication; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use.
134

RESOLUTION NUMBER XXXX
A-3
Residential Property means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.

Services means services, including 1) police protection services, 2) fire protection services and 3) park maintenance services that are in addition to those services that were provided within the boundaries of CFD 1-S at the time of formation of CFD 1-S.

Single-Family Unit means all Developed Property for which a building permit has been issued for single family detached residential development. Single Family Unit also includes mobile homes within a mobile home park or on other property.

Special Tax means any tax levied within the District pursuant to the Act and this rate and method of apportionment of Special Tax.

State means the State of California.

Taxable Property means all of the Assessor's Parcels within the boundaries of CFD 1-S that are classified as Residential Property or Non-Residential Property.

B. LAND USE CLASSIFICATION
Each Fiscal Year, each Assessor’s Parcel within the boundaries of the District shall be classified as Taxable Property, Public Property or Exempt Property. Each Assessor’s Parcel of Taxable Property shall be classified as Residential Property or Non-Residential Property. Each Assessor’s Parcel of Residential Property shall be further classified as either a Single-Family Unit or the number of Multi-Family Units located on such Assessor’s Parcel.

C. MAXIMUM SPECIAL TAX RATES
Table 1
Base Year
Maximum Special Tax Rates
Land Use
Class Description
Maximum
Special Tax
Special Tax Levy
Basis
1 Residential Property
Single-Family Unit
$313.00 per Unit
2 Residential Property
Multi-Family Unit
$156.50 per Unit
3 Non-Residential Property $1,252.00 per Acre
135

RESOLUTION NUMBER XXXX
A-4

1. ESCALATION OF MAXIMUM SPECIAL TAX
Each Fiscal Year following the Base Year, the Maximum Special Tax Rate shall be increased in accordance with the Annual Tax Escalation Factor and otherwise adjusted as provided in this rate and method of apportionment.

2. MULTIPLE LAND USE CLASSES
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor’s Parcel. For an Assessor’s Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor’s Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.

D. METHOD OF APPORTIONMENT
For each Fiscal Year the Council shall determine the Annual Costs and levy the Special Tax, until the amount of Special Taxes equals the Annual Costs. The Special Tax shall be levied each Fiscal Year as follows:

First: Calculate the available Special Tax revenues by taxing each Assessor’s Parcel of Taxable Property at 100% of its Maximum Special Tax. If revenues are greater than the Annual Costs, then reduce the Special Tax proportionately against all Assessor’s Parcels until the tax levy is set at an amount sufficient to cover the Annual Costs.

Second: Levy on each Assessor’s Parcel of Taxable Property the amount calculated above. No Special Tax shall be levied on Exempt Property.

The City shall make every effort to correctly assign the number of taxable units and calculate the Special Tax for each Assessor’s Parcel. It shall be the burden of the landowner to correct any errors in the determination of the Assessor’s Parcels subject to the tax and their Special Tax assignments. 136

RESOLUTION NUMBER XXXX
A-5
E. COLLECTION OF SPECIAL TAXES
Collection of the Special Tax shall be by the County in the same manner as ad valorem property taxes and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the Council may provide other means of collecting the Special Tax if necessary to meet its financial obligations, including direct billings to the property owners.

F. ADMINISTRATIVE CHANGES AND APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager or designee of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City Manager or designee thereof shall interpret this Rate and Method of Apportionment and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Manager or designee shall be final and binding as to all persons.

Interpretations may be made by Resolution of the Council for purposes of clarifying any vagueness or ambiguity as it relates to the Special Tax rate, the method of apportionment, the classification of properties, or any definition applicable to the District.

G. TERM OF SPECIAL TAX
The Special Tax shall be levied annually in perpetuity, unless terminated earlier by the Council. 137

RESOLUTION NUMBER XXXX
B-1
Exhibit B
COMMUNITY FACILITIES DISTRICT NO. 1-S (SOUTH PERRIS PUBLIC SERVICES) OF THE CITY OF PERRIS, ANNEXATION NO. 18

BOUNDARY MAP
138

CITY OF PERRIS

CITY COUNCIL

AGENDA SUBMITTAL

10.F.

BACKGROUND/DISCUSSION:

BUDGET (or FISCAL) IMPACT:

MEETING DATE: September 29, 2026
SUBJECT: Consideration to approve the City's monthly Check Register for August 2026.

REQUESTED ACTION:

Approve the City’s Monthly Check Register for August 2026 CONTACT: Matthew Schenk, Director of Finance
The check register for the month of August 2026 is presented for City Council approval.

None
.

Prepared By: Matthew Schenk, Director of Finance
Attachments:

1. Check Register for August 2026
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140
141
142
143
144
145
146
147
148
149
150
151
152

CITY OF PERRIS

CITY COUNCIL

AGENDA SUBMITTAL

10.G.

BACKGROUND/DISCUSSION:

MEETING DATE: September 29, 2026
SUBJECT: Consideration to approve Professional Services Agreement with HdL Companies for annual compliance and financial audit services for cannabis businesses in the City for a 2-year term with a contract amount of $288,000.

REQUESTED ACTION: That the City Council approve a Professional Services Agreement with HdL Companies and authorizes the City Manager to execute the agreement and all necessary documents, subject to the City Attorney’s approval as to form.

CONTACT: Ernie Reyna, Assistant City Manager
In August 2024, the City Council approved a two-year contract services agreement with HdL Companies. Under this agreement, HdL Companies is responsible for the application review, background checks, compliance inspections, and financial audits of cannabis businesses operating within the City. The total contract amount was not to exceed $576,000, based on a projection of thirtysix (36) cannabis businesses operating within the City over the two-year term.

As of the most recent count, the number of active cannabis businesses operating within the City is eighteen (18), as summarized in the chart below. below.

Cannabis Use Type Active Businesses
Cultivation Use 7
Distribution Use 3
Manufacturing Use 1
Retail/Dispensary Use 7
Testing Use 0
TOTAL 18
Despite the decrease in the number of active businesses, HdL's annual cost per business has remained unchanged from the previous contract at $16,000 per business, consistent with the rate approved by Council in 2024. Applying this same per-business methodology to the current count of 18 active .
153
BUDGET (or FISCAL) IMPACT:
businesses results in a proposed contract amount of $288,000 for the two-year term. The cost of these services is recovered through an annual application filing fee of $16,000 paid by each cannabis business, which covers the administrative costs and HdL fees associated with the compliance program.

As a result, the agreement will not impact the City's General Fund.

REQUEST FOR PROPOSAL:

In March 2026, city staff contacted various cannabis compliance firms to request proposals and scopes of work. Two firms responded, HdL Companies and one other firm. Of the two, only HdL Company can provide the full spectrum of services without the need to outsource, namely: compliance inspections and financial audits, background checks, business application reviews, technical assistance, and subject matter expertise.

HdL Companies has served as the City's cannabis compliance consultant since the current agreement was approved in August 2024, and brings strong familiarity with the City's cannabis businesses, ordinances, and processes. HdL also stands apart as the only firm under consideration with no working relationships with private cannabis entities. Because HdL's focus remains solely on the public sector, including governmental activities and functions, the firm is uniquely positioned to understand and address the City's specific needs and challenges. This public-sector focus removes any potential conflicts of interest tied to competing private-sector obligations, keeping the City's priorities at the center of their work. Over the course of the current agreement, HdL Companies has conducted on-site compliance reviews and financial audits that uncovered and addressed several issues in cannabis businesses residing in the City. The cost of these services is recovered through an annual application filing fee of $16,000 paid by each cannabis business, which covers the administrative costs and HdL fees associated with the compliance program. As a result, the agreement will not impact the City's General Fund.

RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute a contract for services agreement with HdL Companies for the application review and compliance/financial audits of cannabis businesses in the City in the amount of $288,000 for a two-year term, subject to the City Attorney's approval as to form.

Costs for services will not impact the General Fund. Services will be charged on a per-application, perinspection, or per-audit basis and will be paid by the applicant or recovered through cannabis business tax and fee revenue.

Prepared By: Veronica Arana, Emergency Operations & Cannabis Compliance Manager 154
Attachments:

1. Professional Services Agreement.pdf

2. 2026 Cannabis Operators.pdf

3. Overall Cannabis Operators.pdf
155
ATTACHMENT 1
Professional Services
Agreement
156
-1-

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN CITY OF PERRIS AND

HINDERLITER, DE LLAMAS & ASSOCIATES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and entered into this 29 day of September, 2026 by and between CITY OF PERRIS, a California municipal corporation (“City”) and HINDERLITER, DE LLAMAS & ASSOCIATES, a California corporation dba HdL Companies (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. Pursuant to the Perris Municipal Code, City has the authority to enter into and execute this Agreement.

B. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SERVICES OF CONSULTANT
Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; b) all materials used for services will be both of good quality as well as fit for the purpose intended; and, c) Consultant shall follow the highest professional standards and practices in performing the services required hereunder.

Consultant’s Proposal. The Scope of Services shall include the scope of services or work included in Consultant’s proposal or bid, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.

Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. City, and 157
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its officers, employees and agents, shall not be liable at law or in equity for failure of Consultant to comply with this Section.

Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

Additional Services and Compensation. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes to the work by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order, consistent with both Section 9.4 as well as the Perris Municipal Code (“PMC”), is first given by City to Consultant, incorporating therein any adjustment in the Contract Sum for the actual costs of the extra work and/or the time to perform this Agreement, which said adjustments are subject to the written approval of Consultant. Any increase in the Contract Sum of up to ten percent (10%) of the Contract Sum or $30,000, whichever is less, may be approved by the City Manager pursuant to Section 9.4. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.

City may in its sole and absolute discretion have similar work done by other consultants.

Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.

Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.

Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq., and if the total compensation is $1,000 or more, 158
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Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

COMPENSATION AND METHOD OF PAYMENT
Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Eighty-Eight Thousand Dollars ($288,000) (“Contract Sum”), unless additional compensation is approved pursuant to Section 1.5.

Compensation may include reimbursement, for actual and necessary expenditures, if both specified in the Schedule of Compensation, as well as approved by City in advance. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City.

Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty-five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City): 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation; and 4) line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

ARTICLE 3. PERFORMANCE SCHEDULE
Time of Essence. Time is of the essence in the performance of this Agreement.

Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than September 29, 2028 (“Term”).
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Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference. Such time period(s) may be increased by the Contract Officer, provided that such increases shall not serve to extend the Term.

Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay. City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of this Agreement pursuant to this Section.

COORDINATION OF WORK
Representative of Consultant. The representative of Consultant is Matthew Eaton (HdL Director of Compliance, (714) 879-5000, and [email protected]), who is authorized to act on Consultant’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.

Contract Officer for City. The Contract Officer for City is The Contract Officer for City is Clara Miramontes (City Manager, (951) 943-6100, and [email protected]) (or such person as may be designated by the City Manager). The Contract Officer shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.

Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the City Manager or by their delegate as provided for in writing.

Independent Contractor. Neither City, nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant, or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set forth herein.

Consultant shall perform all services required herein as an independent contractor of City and shall 160
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remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant’s exclusive control and direction. No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant, or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.

Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City, and neither this Agreement nor any interest herein may be transferred or assigned.

No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.

INSURANCE AND INDEMNIFICATION
Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant’s indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts below, issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by City, which shall cover all elected and appointed officers, employees and agents of City. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’s compensation.

Commercial General Liability Insurance. A policy of commercial general liability insurance, with coverage at least as broad as Insurance Services Office (“ISO”) form CG 161
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00 01, written on a per occurrence basis for bodily injury, personal injury and property damage.

Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Limits shall be no less than $2,000,000 per occurrence for all covered losses and no less than $4,000,000 general aggregate.

Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the work or services contemplated in this Agreement.

Automobile Liability. A policy of comprehensive automobile liability insurance, at least as broad as ISO form CA 00 01, written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.

Professional Liability. Professional liability insurance appropriate to Consultant’s profession. This coverage may be written on a “claims made” basis and must include coverage for contractual liability. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of City submit written evidence of this continuous coverage. Limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate.

Cyber Liability. Cyber liability insurance appropriate to Consultant’s profession and the services hereunder, written on a per occurrence basis, with limits not less than $1,000,000 per occurrence/loss, and $2,000,000 in the aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant pursuant to this Agreement and shall include, but not be limited to, claims involving: infringement of intellectual property; copyright; trademark; invasion of privacy violations; data breach; electronic information theft, loss, damage, destruction, alteration or misuse; release of private information; extortion; and, network security. The policy shall provide coverage for breach response costs, regulatory fines and penalties, and credit monitoring expenses, with limits sufficient to respond to these obligations.

Excess Liability Insurance. Excess liability insurance may be used to satisfy the obligations herein. If excess liability insurance is used then the policy shall meet all the requirements herein and be at least as broad as the primary coverages set forth herein. Such policy shall: 1) include a drop down feature requiring the policy to respond if primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2) be payable on behalf of wording as opposed to reimbursement; 3) have concurrency of effective dates 162
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with primary policies; 4) “follow form” to the underlying primary policies; and, 5) provide insureds, under primary policies required herein, shall be insureds under the excess liability policy.

Subcontractors. In the event Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, Consultant shall either: 1) include each subcontractor as insureds under its policies of insurance required herein; or, 2) Consultant shall furnish to City all documentation, required in Article 5 for Consultant, for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.

General Insurance Requirements.
(a) Proof of Insurance, Enforcement and Notice. No work or services under this Agreement shall commence until both Consultant has provided City with insurance certificates, endorsement forms and appropriate insurance binders evidencing the above insurance coverages, as well as said documentation is approved by City. City reserves the right to inspect complete, certified copies of, and endorsements to, all required insurance policies, at any time.

Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to subsection (b) below), or does not comply with Article 5, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments; or, 2) City, notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. (b) Cancellation/Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10) calendar days prior written notice for nonpayment) to City. In the event any of said policies of insurance are amended or cancelled, Consultant shall, five (5) business days prior to the cancellation date, submit new evidence of insurance in conformance with this Agreement to City. (c) Additional Insureds. The commercial general liability policy provided for in Section 5.1(a) and the automobile liability policy provided for in Section 5.1(c) both shall name City and its elected and appointed officers, employees and agents (“City Parties”) as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability, and policies of insurance shall not contain any cross-liability exclusions. (d) Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance. The insurers for the above policies, Consultant and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City 163
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Parties will apply in excess of, and not contribute with, Consultant’s insurance. If Consultant maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties. None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
(e) Limitations, Self- Insured Retention and Deductibles. Consultant agrees that requirements of Article 5 shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant’s activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.3. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention.

Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City Parties, or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorneys’ fees, defense expenses and claims.

Indemnification.
(a) General Obligations. Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “Indemnitee” and collectively, “Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “Claims or Liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (each an “Indemnitor” and collectively, “Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom. Both parties understand and agree that nothing in this Agreement constitutes advice by Consultant to City to violate any existing law. In the event that federal or State law may now, or subsequently, prohibit the actions recommended by Consultant pursuant to this Agreement, 164
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Consultant shall not be obligated to indemnify, defend, or hold harmless, as contemplated in this Subsection 5.3(a), the City or City’s Parties in any enforcement action under federal or State law which alleges that the City or City Parties have violated federal or State law and which relates to services provided by Consultant under this Agreement.

Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement.

Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5.3(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct.

Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys’ fees, expert fees and costs of litigation.

Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section 5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.

RECORDS, REPORTS AND RELEASE OF INFORMATION
Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible. City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to 165
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any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“documents and materials”) prepared by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.

Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct. As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ENFORCEMENT OF AGREEMENT AND TERMINATION
California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement 166
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shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.

Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section 7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder, unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2.2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such as may be approved by City, except as provided in Section 7.5. In event of termination, or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.

Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively ten (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices, without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe, City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other remedy to which City may be entitled at law, in equity or under this Agreement. Any failure on the part of City to give notice of Consultant’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed to City as previously stated.

Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, 167
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liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

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 Consultant 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. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of noncompliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

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.

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 purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants’ fees, taking depositions and discovery and all other 168
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necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION
Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Covenant Against Discrimination. Consultant 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, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

MISCELLANEOUS PROVISIONS
Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to the Contract Officer at City of Perris, 101 N. “D” Street, Perris, CA 92570, and in the case of Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally 169
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delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

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, headings used, or any other rule of construction which might otherwise apply.

Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City, provided that City’s approval thereof shall only be valid if made in a manner consistent with the PMC.

Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.

Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
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[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF PERRIS, a California municipal
corporation
_____________________________________
Clara Miramontes
City Manager
ATTEST:
_____________________________________
Nancy A. Salazar, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
_____________________________________
Robert Khuu, City Attorney
CONSULTANT:

HINDERLITER, DE LLAMAS &
ASSOCIATES, a California corporation dba
HdL Companies
By: _________________________________
Name: Robert Grey
Title: Vice President
By: _____________________________
Name: ____________________
Title: ________________________
Address: 120 S. State College Blvd.

Suite 200
Brea, CA 92821
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.)

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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EXHIBIT A

SCOPE OF SERVICES
I. Consultant will perform services described in Consultant’s Proposal and attached hereto.

II. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.

III. Consultant will perform the following Services:

A. Objective 1: Supplemental Background Checks. Consultant shall provide supplemental background checks of all owners, principals, managers and/or employees of cannabis businesses, as more particularly described in Consultant's Proposal. Costs for this Objective are paid directly to Consultant by the applicant and are not charged to City.

B. Objective 2: Annual Revenue Audits. Consultant shall conduct an annual revenue audit of each cannabis business to verify the accuracy of the revenue reported and remitted to City, and shall recommend a tax adjustment should the audit reveal any variances in reported revenue, as more particularly described in Consultant's Proposal.

C. Objective 3: Compliance Inspections. Consultant shall conduct one or more onsite compliance inspections annually, as requested by City, for each permitted cannabis business to determine compliance with State and/or local laws, as more particularly described in Consultant's Proposal.

D. Objective 4: Technical Assistance and Subject Matter Expertise. Consultant shall provide up to ten (10) hours of general consulting to be utilized on an asneeded basis at City's request, as more particularly described in Consultant's Proposal.

E. Objective 5: Review Permit Renewal Documents. Consultant shall review and evaluate all supporting documents submitted for annual cannabis business permit renewals for completeness, as more particularly described in Consultant's Proposal.

IV. As part of the Services, Consultant will prepare and deliver the following tangible work products to City:

A. Draft and final compliance inspection reports, including any notice to comply where a violation or non-compliance is identified.

B. Draft and final annual revenue audit reports, including any recommended tax or fee adjustment.
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C. Written reports to City noting whether permit renewal documentation was complete, and identifying any missing information not addressed by the applicant.

V. During performance of the Services, Consultant will keep City informed of the status of performance by delivering the following status reports:

A. Consultant shall provide status reports to the Contract Officer upon request.

VI. Consultant will utilize the following personnel to accomplish the Services:

Consultant will assign qualified HdL Companies personnel, at Consultant's discretion, to accomplish the Services, consistent with Section 4.1 of this Agreement.
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EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Agreement Boilerplate)
I. Section 5.3(a) is hereby amended as follows (where strikethrough is deleted text while bold italicized is added text):
“Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “Indemnitee” and collectively, “Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “Claims or Liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (each an “Indemnitor” and collectively,
“Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom. Both parties understand and agree that nothing in this Agreement constitutes advice by Consultant to City to violate any existing law.

In the event that federal or State law may now, or subsequently, prohibit the actions recommended by Consultant pursuant to this Agreement, Consultant shall not be obligated to indemnify, defend, or hold harmless, as contemplated in this Subsection

5.3(a), the City or City’s Parties in any enforcement action under federal or State law which alleges that the City or City Parties have violated federal or State law and which relates to services provided by Consultant under this Agreement.”
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EXHIBIT C

SCHEDULE OF COMPENSATION
I. Consultant will be compensated for Services provided under this Agreement in accordance with the schedule in Consultant’s Proposal and attached hereto.

City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.2.

The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

Consultant shall perform the following tasks at the following rates:

Scope of Service Objectives Estimated Cost
Objective 1: Supplemental Background Checks
Cost paid directly to HdL by applicant
No charge
to City
Objective 2: Annual Revenue Audits
Assumes standard 12-month review period
$10,000
per audit
Objective 3: Compliance Inspections
One or more inspections per year, as requested by the City $2,500
per inspection
Objective 4: Technical Assistance and Subject Matter Expertise $3,000¹ Objective 5: Review Permit Renewal Applications $3,500
per application
Travel: As needed for site visits or in-person meetings Hourly Rate² Plus Expenses
ANNUAL COST PER BUSINESS $16,000³
¹ Objective billed at hourly rate at $300 per hour
² Or at a flat rate to be determined in consultation with the City ³ Assumes per business subject to Objectives 2, 3 and 5 City costs may be fully recoverable from applicants or permittees Background Checks Owner, principal or
manager Employee or line staff
Initial background check $300 $125
Annual renewal $125 $100
Reissue lost or stolen badge $15 $15
Renewals and background checks for employees include a lesser level of investigation.

Prices valid as of the date of this proposal and subject to change without notice. 176
01006.0001/841871.6 D-1

EXHIBIT D

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services, as more particularly described in Exhibits "A", timely in accordance with the following schedule:

Scope of Service Objectives Per Applicant/Dispensary Estimated Hours of Labor
Objective 1 Conduct 1 Compliance Inspections per Year
Consultant will conduct one (1) annual
compliance review per year on all Marijuana
Businesses.
6 Hours
Per inspection
Objective 2 Conduct Annual Revenue Audits Consultant will conduct one (1) financial audit per year on all
Cannabis Businesses.
60 Hours
Objective 3 Background Checks Flat rate;
Hours vary
Objective 4 Cannabis Business Application Reviews
Consultant shall determine whether an Applicant
has completed the application improperly and
shall notify the applicant and the Contract Officer
of such fact within thirty (30) days of receipt of
the application in accordance with the provisions
of the City of Perris Municipal Code Chapters

5.54 and 5.58 governing cannabis businesses.

Within forty-five (45) days of receipt of the
completed application, Consultant shall complete
the investigation, and recommend to the Contract
Officer to approve or deny the Application in
accordance with the provisions of the City of
Perris Municipal Code Chapters 5.54 and 5.58
governing cannabis businesses.

Consultant will support at Planning Commission
and City Council meetings in the event a denied
permit is appealed by an Applicant.
14 Hours
Per Application
Objective 5 Subject Matter Expertise and Technical
Assistance
10 Hours
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01006.0001/841871.6 D-2
ATTACHMENT 2
2026 Active
Cannabis Operators
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01006.0001/841871.6 D-3
Cultivation Use
Parent
Number
Entity Name Entity Address
1 18-05059 CI Farms, LLC 5055 Western Way
2 18-05140 420-2 LLC 420 Harley Knox Boulevard Unit
B
3 18-05223 The Denimsmith LLC 5150 Western Way
4 20-05159 Highlands Labs LLC 328 Malbert Street Unit A 5 20-05213 SPG Life Corp 224 Malbert Street Unit D
6 21-05095 CI Wellness LLC 1320 W Oleander Avenue
7 24-05309 YAAM Corp. 224 Malbert Street Unit B
Distribution Use
Parent
Number
Entity Name Entity Address
1 18-05089 Claybourne Distribution 5055 Western Way
2 20-05214 SPG Life Corp 224 Malbert Street Unit D
3 21-05096 CI Distribution LLC 1320 W Oleander Avenue
Manufacturing Use
Parent
Number
Entity Name Entity Address
1 21-05214 CI Infusion, LLC 5055 Western Way
Retail/Dispensary Use
Parent
Number
Entity Name Entity Address
1 17-05118 Next Level Botanical Inc. dba
Westside CLLCTV * 872 Washington Street
2 17-05122 I.E. Gardens Inc. dba Empire
Gardens 4164 N Perris Boulevard, Suite C
3 17-05132 Hoodrich Holdings Ethanac LLC
dba Mystika 1763 Ethanac Road
4 17-05151 Da'Joint (CA CORP) dba Goldn
Bloom 1073 Harley Knox
5 17-05228 OTC Perris LLC dba Spot in Perris 1133 Harley Knox Boulevard 6 17-05245 Highlands Reserve LLC 328 Malbert Street Unit A 7 17-05278 California Dispensaries, Inc. dba
Strains Dispensary 820 W Rider Street
*Have lounge use associated with retail
Updated: as of 8/7/26
City of Perris
2026 Active Cannabis Operators
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01006.0001/841871.6 D-4
ATTACHMENT 3
2026 Overall Number of
Active Cannabis Operators
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01006.0001/841871.6 D-5
City of Perris
2026 Overall Number of ActiveCannabis Operators
Cannabis Use Type Number of Cannabis Use
Cultivation Use 7
Distribution Use 3
Manufacturing Use 1
Retail/Dispensary Use 7
Testing Use 0
TOTAL 18
181

CITY OF PERRIS

CITY COUNCIL

AGENDA SUBMITTAL

10.H.

BACKGROUND/DISCUSSION:

MEETING DATE: September 29, 2026
SUBJECT: Consideration to approve a Professional Service Agreement with Spectrum Business for Internet Services in an amount not to exceed $225,900 for a sixty (60) month term.

REQUESTED ACTION:

That the City Council:

1. Approve a Professional Services Agreement between the City of Perris and Spectrum Business for Internet Services, in an amount not to exceed $225,900 over a 60-month term and

2. Authorize the City Manager to execute said Agreement, approved as to form by the City Attorney.

CONTACT: Ernie Reyna, Assistant City Manager
In 2022, the City entered into a 36-month agreement with Charter Communications Operating, LLC dba Spectrum Business to provide a 10 Gbps internet connection serving as the City’s primary internet service for day-to-day municipal operations and the Parks Wi-Fi broadband network.

After conducting a competitive Request for Proposal process, Staff is requesting to enter into a new 60- month Service Agreement with Spectrum Business to continue providing Internet Service Provider (ISP) services for all City facilities and the City’s public broadband network, add a separate 1 Gbps connection to segment City Hall and Parks internet traffic and add Spectrum’s distributed denial of service (DDoS) protection for Government. The proposed agreement will ensure continued reliable internet connectivity that supports municipal operations, public safety communications, cloud-based applications, and public broadband services provided throughout the City’s parks.

Spectrum Business currently serves as the Internet Service Provider for all City facilities. Spectrum has several carrier owned fiber and Ethernet demarcation devices installed at the City’s IT/Data Center.

Spectrum also has specialized knowledge regarding the City’s IT infrastructure. Transitioning to a different provider would require significant coordination by the City’s network engineer and IT support staff, including installation and provisioning of a new circuit, replacement of existing carrier equipment, IP addressing updates, routing and firewall reconfiguration, testing, production cutover, .
182
BUDGET (or FISCAL) IMPACT:
troubleshooting, documentation, and decommissioning of the current service. As such, maintaining Spectrum as the City’s Internet Service Provider is in the best interest of the City.

CONTRACT AWARD PROCEDURES AND BEST INTEREST ANALYSIS:

Under Perris Municipal Code Section 3.32.230(3)(e) Professional Services, if the purchasing officer or the designee thereof determines that it is in the best interest of the city that a professional service under this section be provided by a specific consultant, with contract terms, work scope and compensation to be determined based on direct negotiations, such recommendation shall be made by the purchasing officer or the designee thereof to the city council and a contract award shall be subject to the city council approval by a majority vote.

In addition to Spectrum, staff also reviewed pricing from Frontier and Zayo under the terms of either 36-month or 60-months. By selecting a 60-month term, this creates savings of $755/month, or $45,300 over the course of those five years as shown below for:

Service
Provider
36-Month
Term Price
60-Month
Term Price
60-Month
Savings
Spectrum $4,520 $3,765 $45,300
Frontier $1,700 $2,450 None
Zayo $1,600 $2,300 None

RECOMMENDATION
Staff recommends that the City Council:

1. Approve a 60-month Service Agreement between the City of Perris and Charter Communications Operating, LLC dba Spectrum Business to provide a 10 Gbps internet connection with DDoS protection and a separate 1 Gbps connection to segment City Hall and parks internet traffic; and

2. Authorize the City Manager to execute the Service Agreement and related documents, approved as to form by the City Attorney.

Funding for the Spectrum Business account has been previously budgeted into the Fiscal Year 2026-27 operating budget in the Information Technology department. All future years for Spectrum Business will be budgeted accordingly.

Prepared By: Paul Lopez, IT Supervisor
Attachments:

1. Spectrum Professional Service Agreement.pdf
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ATTACHMENT 1
Professional Service Agreement with Spectrum Business
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AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN CITY OF PERRIS AND
________________Spectrum Business________________
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and entered into this __1__ day of ______October__________, 2026___ by and between CITY OF PERRIS, a California municipal corporation (“City”) and _______________Spectrum Business_, an _American Telecommunications and Mass Media Company, Charter Communications Operating, LLC_ (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. Pursuant to the Perris Municipal Code, City has the authority to enter into and execute this Agreement.

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; b) all materials used for services will be both of good quality as well as fit for the purpose intended; and, c) Consultant shall follow the highest professional standards and practices in performing the services required hereunder.

1.2 Consultant’s Proposal. The Scope of Services shall include the scope of services or work included in Consultant’s proposal or bid, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.

1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. 185
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City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Consultant to comply with this Section.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Additional Services and Compensation. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes to the work by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order, consistent with both Section 9.4 as well as the Perris Municipal Code (“PMC”), is first given by City to Consultant, incorporating therein any adjustment in the Contract Sum for the actual costs of the extra work and/or the time to perform this Agreement, which said adjustments are subject to the written approval of Consultant. Any increase in the Contract Sum of up to ten percent (10%) of the Contract Sum or $30,000, whichever is less, may be approved by the City Manager pursuant to Section 9.4. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.

City may in its sole and absolute discretion have similar work done by other consultants.

1.6 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.

1.7 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.

1.8 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq., and if the total compensation is $1,000 or more, 186
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Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed _____ two hundred twenty-five thousand, nine hundred_________________________ Dollars ($__225,900__________) (“Contract Sum”), unless additional compensation is approved pursuant to Section 1.5. Compensation may include reimbursement, for actual and necessary expenditures, if both specified in the Schedule of Compensation, as well as approved by City in advance. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty-five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City): 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation; and 4) line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, 187
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this Agreement shall continue in full force and effect until completion of the services, which shall be no later than ___________October 31____________________, 2031_ (“Term”).

3.3 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference. Such time period(s) may be increased by the Contract Officer, provided that such increases shall not serve to extend the Term.

3.4 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay. City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of this Agreement pursuant to this Section.

ARTICLE 4. COORDINATION OF WORK

4.1 Representative of Consultant. The representative of Consultant is _Linda Garcia, Strategic Account Manager, (714) 287-6609, [email protected], who is authorized to act on Consultant’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.

4.2 Contract Officer for City. The Contract Officer for City is _Paul Lopez, Information Technology Supervisor, (951) 483-0467, [email protected] (or such person as may be designated by the City Manager). The Contract Officer shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant’s 188
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responsibility to assure that the Contract Officer is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.

4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the City Manager or by their delegate as provided for in writing.

4.4 Independent Contractor. Neither City, nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant, or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant’s exclusive control and direction.

No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant, or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.

4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City, and neither this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant’s indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts below, issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an 189
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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by City, which shall cover all elected and appointed officers, employees and agents of City. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’s compensation.
(a) Commercial General Liability Insurance. A policy of commercial general liability insurance, with coverage at least as broad as Insurance Services Office (“ISO”) form CG 00 01, written on a per occurrence basis for bodily injury, personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automobile Liability. A policy of comprehensive automobile liability insurance, at least as broad as ISO form CA 00 01, written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to Consultant’s profession. This coverage may be written on a “claims made” basis and must include coverage for contractual liability. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of City submit written evidence of this continuous coverage. Limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. (e) Cyber Liability. Cyber liability insurance appropriate to Consultant’s profession and the services hereunder, written on a per occurrence basis, with limits not less than $1,000,000 per occurrence/loss, and $2,000,000 in the aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant pursuant to this Agreement and shall include, but not be limited to, claims involving: infringement of intellectual property; copyright; trademark; invasion of privacy violations; data breach; electronic information theft, loss, damage, destruction, alteration or misuse; release of private information; extortion; and, 190
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network security. The policy shall provide coverage for breach response costs, regulatory fines and penalties, and credit monitoring expenses, with limits sufficient to respond to these obligations.
(f) Excess Liability Insurance. Excess liability insurance may be used to satisfy the obligations herein. If excess liability insurance is used then the policy shall meet all the requirements herein and be at least as broad as the primary coverages set forth herein. Such policy shall: 1) include a drop down feature requiring the policy to respond if primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2) be payable on behalf of wording as opposed to reimbursement; 3) have concurrency of effective dates with primary policies; 4) “follow form” to the underlying primary policies; and, 5) provide insureds, under primary policies required herein, shall be insureds under the excess liability policy. (g) Subcontractors. In the event Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, Consultant shall either: 1) include each subcontractor as insureds under its policies of insurance required herein; or, 2) Consultant shall furnish to City all documentation, required in Article 5 for Consultant, for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.

5.2 General Insurance Requirements.
(a) Proof of Insurance, Enforcement and Notice. No work or services under this Agreement shall commence until both Consultant has provided City with insurance certificates, endorsement forms and appropriate insurance binders evidencing the above insurance coverages, as well as said documentation is approved by City. City reserves the right to inspect complete, certified copies of, and endorsements to, all required insurance policies, at any time.

Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to subsection (b) below), or does not comply with Article 5, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments; or, 2) City, notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. (b) Cancellation/Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10) calendar days prior written notice for nonpayment) to City. In the event any of said policies of insurance are amended or cancelled, Consultant shall, five (5) business days prior to the cancellation date, submit new evidence of insurance in conformance with this Agreement to City. (c) Additional Insureds. The commercial general liability policy provided for in Section 5.1(a) and the automobile liability policy provided for in Section 5.1(c) both shall name City and its elected and appointed officers, employees and agents (“City Parties”) as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded 191
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to City and City Parties. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability, and policies of insurance shall not contain any cross-liability exclusions. (d) Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance. The insurers for the above policies, Consultant and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Consultant’s insurance. If Consultant maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties. None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
(e) Limitations, Self- Insured Retention and Deductibles. Consultant agrees that requirements of Article 5 shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant’s activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.3. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention.

5.3 Indemnification.
(a) General Obligations. Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “Indemnitee” and collectively, “Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “Claims or Liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (each an “Indemnitor” and collectively, “Indemnitors”), or arising 192
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from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement.

Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys’ fees, expert fees and costs of litigation. (c) Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section 5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible. City shall have full and free access to such books and 193
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records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“documents and materials”) prepared by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.

6.3 Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant.

Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena.

If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct. As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 194
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.

District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.

7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section 7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder, unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2.2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such as may be approved by City, except as provided in Section 7.5. In event of termination, or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.

7.3 Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively ten (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices, without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe, City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other remedy to which City may be entitled at law, in equity or under this Agreement. Any failure on the part of City to give notice of Consultant’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to 195
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Consultant for the purpose of set-off or partial payment of the amounts owed to City as previously stated.

7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.6 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 Consultant 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. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

7.7 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.

7.8 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 purposes of this Agreement.

7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all 196
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other reasonable costs for investigating such action, consultants’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination. Consultant 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, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to the Contract Officer at City of Perris, 101 N. “D” Street, Perris, CA 92570, and in the case of Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally 197
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delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 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, headings used, or any other rule of construction which might otherwise apply.

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement.

It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City, provided that City’s approval thereof shall only be valid if made in a manner consistent with the PMC.

9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.

9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
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01006.0001/841871.6 5/30/2024 -16-
[SIGNATURES ON FOLLOWING PAGE]
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-17-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

ALESHIRE & WYNDER, LLP
_____________________________________
Sunny K. Soltani, City Attorney
[pks; rjl]
CONSULTANT:

Spectrum Business, an American
Telecommunications and Mass Media
Company, Charter Communications
Operating, LLC
By: _________________________________
Name: ________________________
Title: ________________________
By: _________________________________
Name: ________________________
Title: ________________________
Address: 1900 Blue Crest Ln
San Antonio, TX 78247
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.)

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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A-1-

EXHIBIT A

SCOPE OF SERVICES
I. Consultant shall perform the following Services:

A. Renew and continue providing the existing 10 Gbps Fiber services with DDoS & 29 static IP’s at 11 South D. Street, Perris CA 92570 for a 60 month term agreement as detailed below.

City of Perris
Spectrum Proposal
September 10th, 2026
1 CHARTER: CONFIDENTIAL
201
A-2-
We’re committed to an exceptional experience
2 CHARTER: CONFIDENTIAL
202
A-3-
Spectrum Business Solutions & Pricing
3 CHARTER: CONFIDENTIAL
203
A-4-
Spectrum – DDoS Protection for Government
4 CHARTER: CONFIDENTIAL
204
A-5-
Spectrum Pricing Proposal

COST SUMMARY FOR FIBER RENEWAL-DDOS-NEW PARK CIRCUIT
Service Location:
11 S D St., Perris CA 92570
Current Cost for 10G Fiber Internet Only - $4,499
Bundled Pricing - 36-mos
Proposed Fiber Service Quantity Monthly Cost Contract Term One-time Installation Fee 10G Fiber Internet w/DDoS + 1G Fiber Internet 1 $4,520.00 36 $0.00 Static IP's 29 $0.00 36 N/A
Bundled Pricing 60-mos
Proposed Fiber Service Quantity Monthly Cost Contract Term One-time Installation Fee 10G Fiber Internet w/DDoS + 1G Fiber Internet 1 $3,765.00 60 $0.00 Static IP's 29 $0.00 60 N/A
5 CHARTER: CONFIDENTIAL
205
A-6-
One team across every interaction
Your advocates across every touchpoint
including:
• Sales Engineers
• Account Manager
• Project Manager
• Linda Garcia- Strategic Account Manager
• Art Martinez – Sales Engineer
• Tim Rahman – Technical Sales Consultant – Voice
• Dominique Butry – Technical Sales Consultant – Data
• Michael Allen – Regional Sales Manager
• Tom Heil - SLED Director West Region
6 CHARTER: CONFIDENTIAL
B. Install 1 Gbps Fiber internet service at 11 South D. Street, Perris CA 92570 and provide 1 Gbps Fiber services for a 60 month term agreement. as detailed below.

Your
Business
Service
restoration
Change
coordination
Service and
delivery
operations
Billing
questions
or issues
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A-7-
II. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.

III. As part of the Services, Consultant will prepare and deliver the following tangible work products to City:

A. One (1) dedicated 1 Gbps fiber-optic Internet service circuit terminating at the City’s Information Technology (IT) data closet, including all equipment, connectivity and associated installation necessary to place the service into operational use.

B. All applicable IP addressing information, including assigned public IP address(es), subnet mask, gateway information, DNS information, and router configuration information necessary for the City to utilize and administer the service.

IV. During performance of the Services, Consultant will keep City informed of the status of performance by delivering the following status reports:

A. As requested by the Contract Officer.

VI. Consultant will utilize the following personnel to accomplish the Services:

A. Qualified Spectrum Communications technicians and authorized technical personnel, or other qualified personnel designated by Consultant, as reasonably necessary to perform the Services.
207
B-1

EXHIBIT B

SPECIAL REQUIREMENTS
Not Applicable
208
C-1

EXHIBIT C

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

Service Pricing: Monthly Recurring Charges
Monthly recurring service fee for
• Dedicated 10 Gbps fiber-optic
Internet services including DDoS
protection.
• 1 Gbps fiber-optic Internet service
$3,765/Month for 60 month term
agreement.

Spectrum Pricing Proposal

III. City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.2.
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D-1

EXHIBIT D

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following schedule:

TASK DAYS TO PERFORM DEADLINE DATE
A. Continue and renew
existing 10 Gbps
dedicated fiber-optic
Internet service,
including the existing
twenty-nine (29) static
public IP addresses and
configuration of DDoS
protection.

Ongoing throughout the
Agreement term.

Continuous
throughout the sixty
(60) month term.

B. Install, activate, and test
the new 1 Gbps
dedicated fiber-optic
Internet service,
including DDoS
protection, at 11 South
D. Street, Perris,
California 92570.

As scheduled by
dedicated Spectrum
project manager in
coordination with City.

To be scheduled in
coordination with
City.

C. Provide ongoing
technical support,
maintenance, and
service for the 10 Gbps
and 1 Gbps fiber-optic
Internet service.

Ongoing throughout the
Agreement term.

Throughout the sixty
(60) month term.

II. Consultant shall deliver the following tangible work products to City by the following dates:

A. Documentation confirming the continuation and renewal of the existing 10 Gbps dedicated fiber-optic Internet service, including twenty-nine (29) static public IP addresses and configured DDoS protection, for the duration of the Agreement term.

B. IP addressing, router, circuit, and other applicable technical information necessary for City’s Information Technology staff to utilize and administer the 1Gbps fiberoptic Internet service, upon activation of the applicable service. 210

CITY OF PERRIS

CITY COUNCIL

AGENDA SUBMITTAL

10.I.

BACKGROUND/DISCUSSION:

MEETING DATE: September 29, 2026
SUBJECT: Consideration to award a Public Art Agreement to Mass Murals LLC, for the installation of two (2) public art murals at Foss Field Park located at 138 N. Perris Boulevard, Perris, CA 92570, in the amount of $84,500, for an eight (8) week contract term.

REQUESTED ACTION: Approve a Public Art Agreement with Mass Murals LLC, in the amount of $84,500 for an eight (8) week contract term, for the installation of two (2) public art murals at Foss Field Park; and Authorize the City Manager to execute the agreement and all necessary documents, subject to City Attorney approval as to form.

CONTACT: Sabrina Chavez, Director of Public Services
In 2026, the City of Perris completed the expansion and renovation of Foss Field Park located at 138 N.

Perris Boulevard, Perris, CA 92570. The renovations included various recreational and park amenities designed to enhance the overall use of the park, including designated spaces for future public art installations. Following completion of the park improvements, staff proceeded with the implementation of public art at the designated locations, as directed by the Parks and Recreation Committee (Committee).

On February 18, 2026, the Committee directed staff to proceed with the issuance of a Request for Proposals (“RFP”) to solicit artists and proposals for the following designated public art locations at Foss Field Park:

Southeast corner of Foss Field Park (designated for a public art sculpture) Northeast corner of Foss Field Park (designated for a public art sculpture) Foss Field Park exterior restroom wall (measuring 18.8' L x 7.5' H, designated for a mural) Foss Field Park western block wall (measuring 142' L x 8' H, designated for a mural) .
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Public Services staff issued the RFP from March 12, 2026 through April 6, 2026, and received a total of ten (10) completed proposals received (see Attachment 3). Staff presented the proposals to the Committee on April 15, 2026, at which time the Committee selected conceptual mural designs submitted by Artist Patrick Barwinski and Artist Darren Villegas of Mass Murals LLC for the proposed murals on the western block wall and exterior restroom mural for further development. In addition, the Committee directed staff to work with the artists for the two free standing art sculptures that will be brought to City Council at a future date for consideration.

Committee directed staff to work with the artists, Patrick Barwinksi and Darren Villegas of Mass Murals LLC, to develop and submit revised mural concept designs for consideration for both the western block wall and the exterior restroom wall. The requested modifications included:

Develop a new mural design for the exterior restroom wall in lieu of a restoration Incorporate vibrant colors
Incorporate additional nature elements
Incorporate additional wildlife imagery
Incorporate the park name, “Foss Field”
Staff presented the two (2) revised mural proposals to the Committee on September 9, 2026, and the Committee directed staff to proceed with the two (2) proposed murals submitted by Artist Darren Villegas of Mass Murals LLC for City Council consideration. (see Attachment 1). The revised proposal submitted by artist includes the modifications requested by the Committee. The proposed mural for the western block wall incorporates historical imagery, brighter colors, family-oriented elements, additional nature imagery, and design elements for a more cohesive relationship between both mural locations.

The proposed mural for the restroom exterior wall includes a new mural that incorporates oversized poppies and citrus blossoms framing the composition with winding pathways leading visitors through rolling hills toward the sunrise.

The murals will be completed utilizing professional-grade exterior acrylic mural coatings specifically formulated for long-term color retention, ultraviolet (UV) resistance, and outdoor durability. Upon completion, both murals will receive a clear anti-graffiti coating designed to protect the artwork from weather, ultraviolet exposure, and vandalism, while allowing graffiti to be removed without damaging the painted surface. Both murals will be completed within eight (8) weeks following execution of the contract, for a total bid amount of $84,500 (see Attachment 2).

As recommended by the Committee, staff is requesting that the City Council approve a Public Art Agreement with Mass Murals LLC, for the installation of two (2) public art murals at Foss Field Park for a total bid amount of $84,500 and authorize the City Manager to execute the agreement and all 212
BUDGET (or FISCAL) IMPACT:
necessary documents, subject to City Attorney approval as to form.

Cost associated with the proposed public art murals will require a budget appropriation of a total amount of $84,500 from available Public Art Development Impact Fee funding to Public Art Mural Program budget line item (163318-7731).

Prepared By: Marylin Macias, Project Coordinator
Attachments:

1. Foss Field Public Art Murals Concept Designs and Location Map

2. Public Art Agreement

3. Request for Proposals Bid Summary
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Attachment 1
Foss Field Public Art Murals Concept Designs and Location Map 214
215
216

F O S S F I E L D P A R K
A R T M U R A L I N S T A L L A T I O N L O C A T I O N S 217 Attachment 2
Public Art Agreement
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01006.0001 2100648.2 3/18/2026 1

AGREEMENT FOR PUBLIC ART

BETWEEN CITY OF PERRIS

AND MASS MURALS LLC
THIS PUBLIC ART AGREEMENT (herein “Agreement”) is made and entered into this 29 day of September, 2026, by and between the CITY OF PERRIS, a California municipal corporation (“City”) and MASS MURALS LLC, a California limited liability company (the “Artist”). City and Artist may be referred to individually as “Party” or collectively as “Parties.” NOW, THEREFORE, the Parties hereto agree as follows:

1. SERVICES OF ARTIST

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Artist shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Artist warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 Licenses, Permits, Fees and Assessments. Artist shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.4 Prevailing Wages; Public Work. Artist acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 1.4. Artist shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Artist hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Artist, its employees or agents in writing or otherwise that the services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the services, including, without limitation, any public work (as defined by applicable law), if any, Artist shall bear all risks of payment or nonpayment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Artist’s failure to pay prevailing wages.

1.5 Artwork Completion.
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(a) Upon the City’s final approval of the Artwork Design, the Artist shall proceed to apply the Artwork directly to the Site in accordance with the schedule provided for in Exhibit D.
(b) The Artist will coordinate closely with the City to ascertain that the Site is prepared to receive the Artwork. Artist must notify City of any adverse conditions at the Site that would affect or impede the application and/or completion of the Artwork. (c) The Artist is responsible for timely completion of the Artwork. Artist may not begin applying the Artwork until authorized to do so by the City. (d) The Artist shall be present to supervise the application of the Artwork. (e) Upon completion of the Artwork application, the Artwork shall be deemed to be in the custody of the City for purposes of Article 4 and Article 6 of this Agreement. (f) Upon completion of the application of the Artwork, the Artist shall provide the City with written instructions for the future maintenance and preservation of the Artwork (referred to as the “maintenance and conservation manual”). The Artist shall be responsible for the proper care and maintenance of the Artwork annually upon completion of the Artwork. The Artist’s care and maintenance activities during such period shall be subject to approval of the Contract Officer. After such period, the City shall be responsible for the proper care and maintenance of the Artwork, and at the conclusion of such period and any time thereafter, the City may commission Artist for services related to care and maintenance.

1.6 Approval and Acceptance.
(a) The Artist shall notify the City in writing when all services as required of both Parties by this Agreement prior to this paragraph have been completed in substantial conformity with the Artwork Design and contract documents. (b) The City shall promptly notify the Artist in writing of its final acceptance of the Artwork within 45 days after the Artist submits written notice pursuant to paragraph (a) above. The effective date of final acceptance shall be the date the City submits written notice to the Artist of its final acceptance of the Artwork. The final acceptance shall be understood to mean that the City acknowledges completion of the Artwork in substantial conformity with the Artwork Design, and that the City confirms that all services as required of both Parties by this Agreement prior to paragraph (c) of this Section have been completed. Title to the Artwork passes to the City upon final acceptance of the Artwork and final payment by City to Artist. If a regulatory agency must approve the completed artwork, the City should move promptly to gain such approval as it will be a precondition to the City’s ability to accept and approve the finished artwork from the Artist.
(c) If the City disputes that all the services have been performed, the City shall notify the Artist in writing of those services the Artist has failed to perform within 45 days after the Artist submits written notice pursuant to paragraph (a) above. The Artist shall promptly perform those services indicated by the City.
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(d) If the Artist disputes the City’s determination that not all services have been performed, the Artist shall submit reasons in writing to the City within 30 days of the City’s prior notification to the contrary. The City shall make reasonable efforts to resolve the dispute with the Artist in good faith. However, final determination as to whether all services have been performed shall remain with the City.
(e) Upon the resolution of any disputes that arise under paragraphs (c) and (d) of this Section, the City shall notify the Artist of its final acceptance of the Artwork pursuant to paragraph (b).

1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Artist shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of Eighty-Four Thousand Five Hundred Dollars ($84,500.00) (“Contract Sum”).

2.2 Invoices. Artist shall furnish to City an original invoice for 50% of the contract cost at the commencement of the Agreement and 50% after completion and acceptance of the services in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Artist is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Sub-contractor charges shall also be detailed by such categories. Artist shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Artist to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Artist which are disputed by City, City shall pay Artist for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to cause Artist to be paid within forty-five (45) days of receipt of Artist’s correct and undisputed invoice; however, Artist acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Artist for correction and resubmission. Review and payment by the City of any invoice provided by the Artist shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from 221
4 01006.0001 2100648.2 3/18/2026
said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Artist, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Artist. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Artist shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Artist, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Artist, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Artist shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Artist be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Artist’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 10 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

4. ARTIST’S REPRESENTATIONS AND WARRANTIES

4.1 Warranties of Title. The Artist represents and warrants that:
(a) the Artwork is solely the result of the artistic effort of the Artist; 222
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(b) the Artist did not use artificial intelligence or generative AI to create any part of the Artwork;
(c) except as otherwise disclosed in writing in the Artist’s proposal submitted to the City (“Proposal”), the Artwork is unique and original and does not infringe upon any copyright or the rights of any person;
(d) the Artwork (or duplicate thereof) has not been accepted for sale elsewhere;
(e) the Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Artwork or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement; (f) the Artwork is free and clear of any liens from any source whatsoever; (g) all Artwork created by the Artist under this Agreement, whether created by the Artist alone or in collaboration with others shall be wholly original with the Artist and shall not infringe upon or violate the rights of any third party; (h) the Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; (i) all services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc. and with all necessary care, skill, and diligence; (j) these representations and warranties shall survive the termination or expiration of this Agreement.

4.2 Warranties of Quality and Condition
(a) The Artist represents and warrants that all work will be performed in accordance with professional “workmanlike” standards and free from defective or inferior materials and workmanship (including any defects consisting of “inherent vice,” or qualities that cause or accelerate deterioration of the Artwork) for one year after the date of final acceptance by the City under Section 1.6.
(b) The Artist represents and warrants that the Artwork and the materials used are not currently known to be harmful to public health and safety. (c) The Artist represents and warrants that reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance and conservation manual submitted by the Artist pursuant to Section 1.5(f). (d) If within five (5) years the City observes any breach of warranty described in this Section 4.2, the Artist shall cure the breach promptly, satisfactorily and consistent with professional conservation standards, at no expense to the City. The City shall give notice to the Artist of such breach with reasonable promptness. However, if Artist did not 223
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disclose this risk of breach in the Proposal and maintenance and conservation manual, and if breach is not curable by Artist, the Artist is responsible for reimbursing the City for damages, expense and loss incurred by the City as a result of the breach of warranty. However, if the Artist disclosed the risk of this breach in the Proposal and maintenance and conservation manual and the City accepted that it may occur, as indicated by the written final acceptance of the artwork, it shall not be deemed a breach for purposes of this Section 4.2. (e) If after five (5) years the City observes any breach of warranty described in this Section 4.2 that is curable by the Artist, the City shall contact the Artist to make or supervise repairs or restorations at a reasonable fee during the Artist’s lifetime. The Artist shall have the right of first refusal to make or supervise repairs or restorations. Should the Artist be unavailable or unwilling to accept reasonable compensation under the industry standard, the City may seek the services of a qualified restorative conservator and maintenance expert.

The foregoing warranties are conditional, and shall be voided by the failure of the City to maintain the Artwork in accordance with the Artist’s specifications and the applicable conservation standards. If the City fails to maintain the Artwork in good condition, the Artist, in addition to other rights or remedies the Artist may have in equity or at law, shall have the right to disown the Artwork as the Artist’s creation and request that all credits be removed from the Artwork and reproductions thereof until the Artwork’s condition is satisfactorily repaired.

5. COORDINATION OF WORK

5.1 Representative of Artist. Darren Villegas ((510) 860-3605, [email protected]) is hereby designated as being the representative of Artist authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Artist and any authorized agents shall be under the exclusive direction of the representative of Artist. Artist shall utilize only competent personnel to perform services pursuant to this Agreement. Artist shall make every reasonable effort to maintain the stability and continuity of Artist’s staff and subcontractors, and shall keep City informed of any changes.

5.2 Contract Officer. Sabrina Chavez, Director of Public Services, or such person as may be designated by the City Manager, is hereby designated as being the representative the City authorized to act on its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

5.3 Prohibition Against Subcontracting or Assignment. Artist shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

5.4 Independent Artist. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Artist, its agents or employees, perform the services required herein, except as otherwise set forth. Artist shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Artist shall not at any time or in any manner represent that it or any of its agents 224
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or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

6. INSURANCE AND INDEMNIFICATION

6.1 Insurance Coverages. The Artist shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. If the Artist has any employees, a policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Artist against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Artist in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $250,000.00 per person and $500,000.00 per occurrence and property damage liability limits of $500,000.00 per occurrence or (ii) combined single limit liability of $1,000,000.00. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Artist’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Artist’s services or the expiration or termination of this Agreement. During this additional 5-year period, Artist shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(f) Subcontractors. Artist shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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6.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Artist’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Artist shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 6.1 to the Contract Officer. No work or services under this Agreement shall commence until the Artist has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.

5.3 Indemnification. To the full extent permitted by law, Artist agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Artist, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Artist is legally liable (“indemnitors”), or arising from Artist’s or indemnitors’ reckless or willful misconduct, or arising from Artist’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Artist and shall survive any expiration or termination of this Agreement.

7. RECORDS, REPORTS, AND RELEASE OF INFORMATION

7.1 Records. Artist shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the 226
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“books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

7.2 Reports. Artist shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

7.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Artist in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Artist. Artist shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Artist shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Artist gives the City notice of such court order or subpoena.
(c) If Artist provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Artist for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Artist’s conduct.
(d) Artist shall promptly notify the City should Artist be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Artist or be present at any deposition, hearing or similar proceeding.

Artist agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Artist.

7.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Artist in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Artist shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of Ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Artist with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
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8. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

8.1 Title. Title to the Artwork shall pass to the City upon the City’s written final acceptance and payment for the Artwork pursuant to Section 1.6 and Exhibit B.

8.2 Ownership of Documents. One set of presentation materials prepared by Artist and submitted to City under this Agreement shall be retained by City.

8.3 Reproduction Rights.
(a) In view of the intention that the final Artwork shall be unique, the Artist shall not make any additional exact duplicate reproductions of the final Artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City.

However, nothing shall prevent the Artist from creating works in the Artist’s manner and style of artistic expression.
(b) For the avoidance of doubt, and without limitation, the City shall have the unlimited right to make two-dimensional reproductions of the Artwork for commercial and non-commercial purposes, including, but not limited to, reproductions used in brochures, media publicity, and exhibition catalogues or other similar publication provided that these rights are exercised in a tasteful and professional manner.
(c) The Artist shall use their best efforts in any public showing or resume use of reproductions to give acknowledgment to the City in substantially the following form:
“An original artwork owned and commissioned by the City of Perris.”

9. ARTIST’S RIGHTS

9.1 General.
(a) Except as otherwise provided in Section 9.2 of this Agreement, the City agrees to take reasonable measures to avoid alteration, modification, change, destruction, or damage to the Artwork from occurring due to the gross negligence of the City, its representatives, or employees.
(b) If any such alteration or damage to the Artwork occurs, the Artist shall have the right to disclaim authorship of the Artwork in addition to any remedies he/she may have in law or equity, except as otherwise provided in this Agreement. Upon written request, the City shall remove all attributive references to the Artist at its own expense within 45 days of receipt of the notice. No provision of this Agreement shall obligate the City to alter or remove any such attributive reference printed or published prior to the City’s receipt of such notice. City shall have no obligation to Artist to remove the Artwork in the event it is altered, modified, changed, damaged or defaced for any reason.
(c) The Artist shall comply with all provisions of California law governing tort and breach of contract claims against public entities, including but not limited to all applicable claims presentation requirements of Government Code Section 900 et seq. 228
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9.2 Waiver of Rights.
(a) The Artist hereby voluntarily waives, releases and disclaims any and all rights, demands and claims to attribution and integrity with respect to the Artwork, and any and all rights, demands, and claims against the City, its elected and appointed officials, officers, employees, attorneys, agents, authorized volunteers, successors and assigns, that may arise under the Visual Artists Rights Act of 1990 (17 U.S.C. §§ 106A and 113(d)) (VARA), the California Art Preservation Act (Cal. Civ. Code §987 et seq.) (CAPA), or any other local, state, federal or international law, as currently drafted or as may be hereafter amended, that conveys the same or similar rights, or any other type of moral right protecting the integrity of works of art (collectively “Moral Rights Law”), with respect to the Artwork, its display, removal from display, exhibition, application, conservation, modification or any other activity which may be conducted or engaged in by the City or any future owner of the Property or the structure(s) on which the Artwork it is located (i.e., the wall(s) on which it is to be applied pursuant to this Agreement). The Artist acknowledges and agrees that the City, in its sole and exclusive discretion, may, among other acts, temporarily or permanently modify, alter, change, remove, destroy, or replace the Artwork or the City structure(s) on which it is located, in whole or in part, without any liability or compensation to the Artist.
(b) The City and Artist agree that the Artwork, as further described and depicted in Exhibits “A” and “A-1,” is a work of visual art to be applied to a City structure. The Artist is aware and acknowledges that the application or installation of the Artwork may subject the Artwork to destruction, distortion, mutilation, or other modification by reason of its removal (accidental or otherwise). The Artist hereby grants their consent to such application or installation and removal, regardless of whether it may cause damage or destruction to the Artwork, and waives any and all rights, demands and claims under any Moral Rights Law arising out of or related to same against the City, its elected and appointed officials, officers, employees, attorneys, agents, authorized volunteers, successors and assigns.

10. ENFORCEMENT OF AGREEMENT AND TERMINATION

10.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California.

10.2 Disputes; Default. In the event that Artist is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Artist for any work performed after the date of default. Instead, the City may give notice to Artist of the default and the reasons for the default. The notice shall include the timeframe in which Artist may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Artist is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Artist does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
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10.3 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 purposes of this Agreement. Notwithstanding any contrary provision herein, Artist shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue any legal action under this Agreement.

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.

10.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Artist, except that where termination is due to the fault of the Artist, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Artist reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that any termination without cause (i.e., not due to any fault of the City) must occur prior to commencement of work, and where termination is due to the fault of the City, the period of notice may be such shorter time as the Artist may determine. Upon receipt of any notice of termination, Artist shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Artist has initiated termination, the Artist shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Artist has initiated termination, the Artist shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefor in the Schedule of Compensation Exhibit “C”.

In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 10.2.

10.5 Termination for Default of Artist. If termination is due to the failure of the Artist to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 10.2, take over the work and prosecute the same to completion by contract or otherwise, and the Artist shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Artist for the purpose of set-off or partial payment of the amounts owed the City as therefor.

11. MISCELLANEOUS

11.1 Covenant Against Discrimination. Artist 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 230
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race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Artist shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

11.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Artist, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to the Artist or to its successor, or for breach of any obligation of the terms of this Agreement.

11.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Perris, 101 N D St., Perris, CA 92570 and in the case of the Artist, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

11.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

11.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

11.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. 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.

11.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

11.8 Interpretation.
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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.

11.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, whether the signatures are originals, electronic or digital, and such counterparts shall constitute one and the same instrument.

11.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Artist warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Artist further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Artist is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Artist’s Authorized Initials _______

11.11 Corporate Authority. The persons executing this Agreement on behalf of the respective Parties warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[Signatures on the following page.]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF PERRIS, a municipal corporation
Clara Miramontes, City Manager
ATTEST:

Nancy Salazar, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Sunny K. Soltani, City Attorney
[brj; jms]
ARTIST:

MASS MURALS LLC, a California limited
liability company
By:

Name: Darren Villegas
Title: Owner / Artist
Address: 2912 Fairmount Blvd
Riverside, CA 92501
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 234
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EXHIBIT “A”

SCOPE OF SERVICES
I. Artist will perform the following services:

A. The Artist shall apply and complete the mural artwork as described and depicted in Exhibit A-1 and A-2 (“Artwork”). The Artist shall not materially deviate from the Artwork without the prior written consent of the City.

B. The Artwork shall be applied (painted) directly onto the western block wall of the building depicted in Exhibit A-1 at Foss Field Park, located at 271 N Perris Blvd, Perris, CA 92570 in the City of Perris. The western block wall measures the following dimensions (142’L x 8H). The Artwork shall be applied (painted) directly onto exterior restroom wall of the building depicted in Exhibit A-2 at Foss Field Park, located at 271 N Perris Blvd, Perris, CA 92570 in the City of Perris. The exterior restroom wall measures the following dimensions (18.8’L x

7.5’H). The murals will be completed utilizing a professional-grade exterior acrylic mural coatings specifically formulated for long-term color retention, ultraviolet (UV) resistance, and outdoor durability; and upon completion, both murals will receive a clear sacrificial anti-graffiti coating to protect the artwork from weather, ultraviolet exposure, and vandalism while allowing graffiti to be removed without damaging the painted surface.

C. The Artist shall furnish any and all supplies and equipment as necessary to complete the Artwork in accordance with the schedule of performance set forth in Exhibit “D.”
D. All services shall be performed in a professional and workmanlike manner and in compliance with all applicable federal, state, and local laws and safety regulations.

E. Provide one year of proper care and maintenance of the Artwork and provide the City with the maintenance and conservation manual, as provided in Section 1.5(f).

II. All work product is subject to review and acceptance by the City, and must be revised by the Artist until found satisfactory and accepted by City. 235
A-1-1
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EXHIBIT A-1

MURAL ARTWORK
Mural Title: “Foss Field: The Story of Perris”
Existing facility: mural artwork to be applied to western block wall (142' L x 8' H) Facility address: 271 N Perris Blvd, Perris, CA 92570
Mural Artwork depiction:
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EXHIBIT A-2

MURAL ARTWORK
Mural Title: “Foss Field: A Place to Explore”
Existing facility: mural artwork to be applied to exterior restroom wall (18.8’L x 7.5’H) Facility address: 271 N Perris Blvd, Perris, CA 92570
Mural Artwork depiction:
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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Not Applicable.
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EXHIBIT “C”

SCHEDULE OF COMPENSATION

1. Compensation will be provided pursuant to Consultant’s invoices in accordance with Section 2.2. Artist shall be compensated in accordance with the following:

Material or Service Cost
Artist Fee (Materials and
Completion of Artwork)
$84,500.00
One Year Care and Maintenance as
provided in Section 1.5(f);
Maintenance and Conservation
Manual
No additional charge
Total: $84,500.00

2. The total compensation for the Services shall not exceed $84,500.00, as provided in Section 2.1 of this Agreement.
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EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Artist shall complete the Artwork within eight weeks of City’s written notice to proceed pursuant to Section 3.2, working in accordance with the project schedule set forth in Section II below.

II. Unless different or additional days or times are approved by the Contract Officer, the project schedule for on-site work shall be limited to 8:00 a.m. to 6:00 p.m. on Mondays, Tuesdays, Wednesday, Thursday, and Fridays.

III. The Contract Officer may approve extensions in accordance with Section 3.2. 240
Attachment 3
Request for Proposals Bid Summary

241
227 North D Street, Perris, CA 92570 | Tel: (951) 943-6100 | www.cityofperris.org City of Perris

PUBLIC SERVICES DEPARTMENT
Request for Proposal Results

Project:

Public Art Projects- Foss Field Park Public Art Proposals

Description:

The City of Perris seeks proposals from artists for two Public Art murals and two free-standing artworks at Foss Field Park.

Contractor Artwork(s) Proposed Price
1) Eliseo Silva Block Wall Mural and Two
Free-Standing Artworks
$502,200
2) Patrick Barwinski
and Peter Hazel
Block Wall Mural, Exterior
Restroom Mural, and Two
Free-Standing Artworks
$232,360
3) Alejandro Poli Block Wall Mural and Two
Free-Standing Artworks $227,000
4) Nicole Beck Two Free-Standing Artworks $115,000
5) Alexandra
Garcia
Block Wall Mural and Two
Free-Standing Artworks
$100,000
242
227 North D Street, Perris, CA 92570 | Tel: (951) 943-6100 | www.cityofperris.org City of Perris

PUBLIC SERVICES DEPARTMENT
6) Adrian Litman Block Wall Mural and Two
Free-Standing Artworks
$99,800
7) Darren Villegas Block Wall Mural and
Exterior Restroom Mural
$84,500
8) Solomon Bassoff Two Free-Standing Artworks $65,000
9) Sam Tapia Block Wall Mural and
Exterior Restroom Mural
$44,000
10) Miguel Chavez Block Wall Mural $32,000
243

FOSS FIELD PARK

PUBLIC ART PROJECT PROPOSAL

FOSS FIELD PARK

PUBLIC ART PROJECT PROPOSAL
Eliseo Silva
244
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] April 6,2026
City of Perris Public Art Committee
Department of Community Services
101 N. D Street
Perris, CA 92570
RE: Letter of Interest – Foss Field Park Public Art Project Dear Members of the Selection Committee,
It is with great enthusiasm and distinct respect that I submit my credentials for the Foss Field Park Public Art Project. As a dedicated multidisciplinary artist with a career centered on transforming vast civic spaces into vibrant community landmarks, the opportunity to contribute to the City of Perris resonates with me deeply.

I believe that now is precisely the right time for me to take on a project of this magnitude and worth. My artistic journey has led me to a point where my technical skills, administrative experience, and philosophical approach to public art are perfectly aligned for Foss Field Park. I have a distinct vision for this space, one that I call "Shine Together." This concept aims to reflect the diverse, resilient, and collaborative spirit of Perris residents, creating a visual canopy that celebrates individual brightness contributing to a collective glow.

My confidence stems from three decades of experience in executing and restoring transformative public art initiatives across the country. I approach public spaces with a holistic, integrated perspective that I believe is critical for a park environment. This is exemplified by my extensive work at Unidad Park, the vital western and eastern gateway to Historic Filipinotown in Los Angeles. For this crucial civic site, I was responsible for the complete park layout, the innovative play area rubber surfacing design, and the community garden, as well as the signature 150' x 30' mural that serves as the park's anchor.

My practice also extends to intricate, sacred spaces, as shown by my creation of the Filipino Shrine of St.

Columban Church. This project showcases my capability to manage diverse materials and techniques, as it seamlessly integrates Buon Fresco, mosaics, and three bespoke liturgical statues cast in bronze.

Furthermore, I have successfully executed large-scale infrastructure projects, such as my contract in Colton, CA, where I designed and painted twelve surfaces totaling approximately 150 feet by 15 feet across three railroad bridge underpasses.
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Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] I also have significant experience in projects with similar community-centric goals in Pittsburgh, PA and Seattle, WA. Crucially, a career spanning thirty years has imbued me with a profound respect for the longevity of public art. I have restored multiple historic murals throughout Philadelphia and Los Angeles, ensuring that my proposed work for Perris would be engineered not just to inspire today, but to endure for future generations.

To me, a project is truly "meaningful" when art becomes an authentic mirror for the community that uses space daily. I am eager to bring this artistic philosophy, technical versatility, and proven track record to Perris.

Thank you for your polite and respectful consideration of my application. I welcome the opportunity to discuss how "Shine Together" can become a reality for Foss Field Park.

Warmly and sincerely,
Eliseo Art Silva
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Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] This project proposal outlines the development of a landmark 3D public art installation. The sculpture is designed to be a durable, multi-sensory experience that combines structural engineering with intricate, fine-art mosaic elements.

Forward, Together, Radiant: Train and Yo-Yo Beacon
(Southeast Corner Installation| Freestanding Artwork)
Project Proposal: The Illuminating Legacy Sculpture

1. Executive Summary
This installation serves as a permanent cultural landmark, standing approximately 12 to 15 feet tall. It utilizes high-grade architectural materials to ensure a 50-year lifespan. The design features a sweeping 247
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] stainless steel framework that supports vibrant, multi-colored "yo-yo" disks containing custom mosaic murals, all illuminated by an integrated smart-lighting system.

2. Technical Specifications
• Primary Structure: Curved 316-grade Stainless Steel (Satin or Mirror finish) for maximum corrosion resistance.
• Artistic Elements: Circular "yo-yo" housings featuring Laminated Safety Glass with Vanceva color interlayers and embedded glass smalti mosaics. • Lighting: Programmable DMX-controlled LED arrays integrated into the base and within the circular elements to provide a dynamic night-time glow. • Foundation: Rebar-reinforced concrete pad (depth determined by seismic/wind load engineering).

3. Budget Allocation ($225,000)
This budget covers the project from "concept to completion," including all professional fees, materials, and installation costs.
248
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] Phase Description Allocation Amount
Design & Admin Engineering stamps,
3D modeling,
permits, and artist
fees.
15% $33,750
Fabrication Steel bending,
welding, and
structural assembly.
35% $78,750
Mosaic Artistry Hand-crafted glass
mosaics and "yo-yo"
disk assembly.
25% $56,250
Electrical Light feature, wiring,
and smart-control
systems.
10% $22,500
Installation Site prep, crane
rental, and final
mounting.
10% $22,500
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Eliseo Art Silva Studios

4. Materials & Durability Strategy
To ensure the sculpture remains a "low-maintenance" asset for the community, the following materials are specified:
• UV-Stable Laminated Glass: The yo-yo elements will use a double-layered glass system. This protects the mosaic murals from sun fading and provides high impact resistance in public spaces.
• Anti-Graffiti Coating: All steel surfaces will receive a clear, hydrophobic ceramic coating to prevent paint adhesion and simplify cleaning.
• Tamper-Proof Hardware: All electrical access panels and mounting bolts will utilize security-head screws to prevent vandalism.

5. Proposed Implementation Timeline

1. Phase 1: Design Development (Months 1–2): Finalizing 3D models and obtaining structural engineering approval.

2. Phase 2: Fabrication (Months 3–8): Steel structure bending and parallel creation of the mosaic disks in the studio.

3. Phase 3: Site Preparation (Months 8–9): Excavation and pouring of the concrete foundation and electrical trenching.
250
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected]

4. Phase 4: Installation & Unveiling (Month 10): Multi-day crane installation, electrical testing, and site restoration.

6. Maintenance Plan
• Quarterly: Pressure wash with mild soap to remove dust and environmental pollutants. • Annually: Inspection of the DMX lighting controllers and structural anchor points. • Biennially: Re-application of the anti-graffiti sacrificial layer if necessary.

Note on Cultural Connectivity: The "yo-yo" elements are not only structural; they serve as windows into history. By utilizing translucent colored glass, the mosaic imagery will be visible during the day via natural sunlight and will "project" color onto the surrounding pavement at night via the internal LED system.
________________________
Based on the image and project title provided, "The Radiant Junction" represents a sophisticated intersection of public utility and narrative sculpture. The following is a professional project proposal and budget estimate, assuming a site area of approximately 800–1,000 square feet with a configuration of roughly 30 street-style light fixtures.

Project Proposal: The Radiant Junction
I. Project Overview
"The Radiant Junction" is a freestanding public art installation designed to serve as a landmark "gateway" at the Northeast corner of a designated heritage or museum site. The centerpiece, the City Lamp Train, utilizes the visual language of urban infrastructure—traditional street lamps—to construct a whimsical, locomotive-inspired form. This is grounded by a vibrant, multi-colored Poured-in-Place (PIP) rubber 251
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] surface featuring an intricate "Radiant" floral and geometric design that transforms the ground plane into a functional, ADA-accessible gallery.

II. Budget Estimate
Total Estimated Project Cost: $165,000 – $225,000
Category Description Estimated Cost
Design & Engineering Final blueprints, electrical
engineering, and structural
stamps for the train
assembly.
$15,000 - $20,000
252
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] Fabrication: Lighting ~30 custom or modified
street lamps (varying
heights) with LED units and
globes.
$45,000 - $60,000
Fabrication: Train Cab Custom metal/wood
fabrication of the
"locomotive" cabin and
engine frame.
$20,000 - $30,000
Rubber Surfacing Multi-color PIP rubber (800-
1,000 sq ft) with custom-cut
floral patterns.
$25,000 - $35,000
Site Prep & Electrical Trenching, sub-base
preparation, and a
centralized control
system/timer.
$25,000 - $35,000
Installation & Labor Mobilization, crane/lift
rental, and specialized crew
for assembly.
$20,000 - $25,000
253
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] Contingency (10%) Mitigation for material price
fluctuations or site-specific
challenges.
$15,000 - $20,000
III. Timeline
Project Duration: Approximately 10–12 Months
• Months 1–3: Design & Permitting
• Finalize artistic renderings and technical specs.
• Secure electrical and structural permits from the City/County. • Months 4–7: Off-site Fabrication
• Procurement of street lamps and electrical components. • Fabrication of the custom train cabin and engine structural skeleton. • Month 8: Site Preparation
• Concrete base pouring for the train structure and lamp footings. • Trenching for electrical conduit and connection to the city grid. • Month 9: Assembly & Installation
• Erection of the 30 lamp posts and the central "City Lamp Train" structure. • Electrical wiring and initial lighting tests.
• Month 10: Surfacing & Handover
• Installation of the multi-layered rubber surface (SBR base + EPDM color layer). • Project walkthrough, final inspection, and unveiling. 254
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] IV. Maintenance Plan

1. Lighting & Electrical (Bi-Annual)
• Inspection: Semi-annual check of all 30 LED globes for output and structural integrity of the globes.
• Electrical: Annual inspection of the control box, timers, and sensors. • Cleaning: Annual wiping of the translucent globes to maintain maximum "radiance" and luminosity.

2. Surface Maintenance (Annual & Long-Term)
• Routine Cleaning: Weekly leaf blowing or sweeping to prevent organic debris from staining the rubber granules.
• Deep Cleaning: Annual low-pressure power washing (max 2,000 PSI) using a wide fan tip to remove deep-set dirt and pollutants.
• Re-Sealing: Every 5–7 years, apply a clear aliphatic polyurethane top-coat to protect the EPDM colors from UV fading and to maintain surface elasticity.

3. Structural (Annual)
• Integrity Check: Inspect the train cabin and lamp bases for signs of rust or graffiti. • Anti-Graffiti: Treat the metal components with a sacrificial anti-graffiti coating for easier removal of tagging.

This proposal ensures that The Radiant Junction remains a durable, safe, and visually captivating tribute to the community's heritage for decades to come.
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Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] _______________________________________________
PROJECT PROPOSAL: Restoration of the “We
Are Perris” Sports and History Park Mural
Prepared for: City of Perris, Department of Community Services Project Location: Foss Field Park, 138 N. Perris Blvd.

Lead Conservator: Eliseo Art Silva, MFA (Artist Name: ELESI) Proposed Investment: $15,000.00

1. Executive Summary
As the City of Perris undergoes the transformative $15 million renovation of Foss Field Park, the preservation of its existing cultural landmarks is paramount. The “We Are Perris, California” mural is not merely paint on a wall; it is a visual archive of the city’s soul—from the legacy of Fred T. Perris to the youth who represent our future.

This proposal outlines a master-level restoration plan led by Eliseo Art Silva, a world-renowned muralist and cultural strategist. This project will move beyond a simple "touch-up" to provide a full-scale conservation treatment, ensuring the mural remains a vibrant centerpiece of the newly renovated park for the next 20+ years.

2. Artist Qualifications & Heritage
• Academic Excellence: BFA from Otis College of Art and Design; MFA from the Maryland Institute College of Art (MICA).
• National Recognition: Creator of the Gintong Kasaysayan, Gintong Pamana mural in Los Angeles— recognized by the Smithsonian and LA Times as the most significant Filipino mural in the U.S. 256
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] • Regional Connection: A resident of the Inland Empire since 1994, currently authoring the definitive history of the region for Arcadia Publishing. My work is rooted in the specific historical context of Riverside County.

3. Scope of Work (Conservation Phases)
Phase I: Forensic Assessment & Surface Preparation
• Detailed Condition Report: Mapping of all areas of delamination, efflorescence, and UV degradation. • Gentle Aqueous Cleaning: Removal of environmental pollutants, biological growth, and surface grime using pH-balanced, non-abrasive solutions to stabilize the original paint layer.

Phase II: Structural Consolidation & Repair
• Adhesion Treatment: Re-bonding of peeling or flaking paint to the substrate using archival-grade binders.
• Substrate Patching: Filling of cracks and minor structural voids to prevent future water ingress.

Phase III: Master-Level In-Painting & Chromatic Integration • Pigment Matching: Utilizing high-load, lightfast acrylics to match the original palette exactly, ensuring seamless transitions between original and restored sections. • Detail Restoration: Particular focus on the portraiture of city founders and the architectural landmarks of Perris (the railroad heritage and Pinacate history).

Phase IV: Archival Protection (The "Legacy" Seal)
• UV Isolation Layer: Application of a non-yellowing isolation coat to protect the artwork. • Advanced Vandalism Shield: A final application of a high-end, matte-finish anti-graffiti coating that allows for easy removal of tags without damaging the underlying restoration. 257
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected]

4. Itemized Budget ($15,000.00)
Category Description Amount
Professional Artist Fee Master-level conservation, color matching, and expert in-painting. $8,500.00 Materials & Supplies Archival pigments, isolation coats, and anti-graffiti shields. $2,500.00 Equipment & Logistics Scaffolding/lifts, site safety barriers, and surface prep tools. $2,000.00 Project Management Insurance, documentation, and a 5-year maintenance roadmap. $2,000.00 TOTAL $15,000.00

5. Proposed Timeline
• Week 1: Site mobilization and forensic cleaning.
• Week 2-3: Structural repair and detail-intensive in-painting. • Week 4: Application of protective coatings and final walkthrough with City officials.

6. Closing Statement
Choosing a restoration led by a Master Artist ensures that the "We Are Perris" mural does not lose its "hand"—the artistic soul that community members recognize. My approach treats the mural with the same reverence as a museum piece, honoring its place in the history of the Foss Field Park legacy. _____________________________________________
PROPOSAL FOR "SHINE TOGETHER" MURAL
Location: Western Wall
Title: "Shine Together"
Dimensions: 145 feet x 8 feet
Rate: $45 per square foot
Total Budget: $52,200 ($45 x 1160 sq. ft.)
258
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] (Concept Art, just an aesthetic benchmark on style, its develpment will be co-authored with community and stakeholders.)

AESTHETIC & CONCEPTUAL DESCRIPTION
The proposed mural, "Shine Together," is a sprawling, luminous visual tapestry that reinterprets the complex, interwoven patterns and diverse flora of the provided visual basis (image_53.png) into a dynamic 145-foot journey. The central philosophy of the title is visually embodied in a luminous, interconnected cloud-like form that traverses the long western wall, symbolizing that collective brilliance is achieved through interwoven relationships.

Mural Concept ("Shine Together"): The visual foundation is an intricate ecosystem where individual elements—colorful heart-shaped leaves, vibrant morning glories, and a multitude of other flowers—are physically and conceptually linked by interwoven tendrils. The title reflects the idea that the community’s unique, diverse stories are stronger and more radiant when they are unified.

Design Adaption:

1. Scaling and Flow: The undulating central form from image_53.png, with its blend of soft, multi-colored gradients, will be expanded across the entire 145-foot length of the wall.

This organic form will flow like a river of color and texture. The complexity of the flora will 259
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] be increased, with a greater density and variety of interwoven plants, creating a deep sense of a thriving ecosystem.

2. Narrative Arc (Scroll and Cranes):
• The Illustrative Foundation: The illustrative, unrolling scroll from the left (image_53.png) will be placed at the far western edge (the start of the mural). This section will be a more muted, black-and-white illustrative drawing, representing collective history, foundation, or memory.
• The Living Ascent: From this foundational scroll, the complex, full-color vine ecosystem will burst forth, moving eastward.
• The Shared Flight: The white origami cranes will be multiplied and distributed across the length of the wall, taking collective flight upwards and eastward. Their increasing numbers as they move along the wall represent shared aspiration and the lifting up of one another.

3. Special Materials and Textures: Key elements of the mural, such as the prominent central flowers and specific leaf clusters, will incorporate genuine metallic leaf (silver and gold, as seen in image_53.png). This will catch the changing daily light on the western wall, making the mural truly sparkle and 'shine' on a grand scale.

4. Background (Universal Connection): The overlapping circular and mandala-like patterns from the background (image_53.png), with their intricate patterned interiors, will be re-scaled and multiplied. They will be distributed in a subtle, muted purple/blue wash across the entire background of the 145-foot wall, suggesting a underlying, universal connection that binds all elements together.

Composition Summary: The mural will have a strong horizontal sweep, starting with the illustrative scroll and foundational history on the far west, transitioning into a vibrant, thriving ecosystem, with a massive flock of cranes taking shared flight. The central purple cloud-form, expanded, provides the main vessel.

TIMELINE (Estimate for a 145' x 8' mural)
A project of this scale requires careful planning and a generous, but not excessive, duration to maintain quality. This is an estimate of time required for execution.

Phase 1: Project Initiation & Design Finalization (Months 1-2) 260
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] • Wk 1-2: Full site inspection. Surface assessment. Contracting. • Wk 3-4: Scaling the base design to 145' x 8'. Refining the narrative arc (placement of scroll, cranes). Selecting the specific varieties of flora. • Month 2: Client review and approval of scaled design mockups. Ordering premium materials.

Phase 2: Site Preparation & Base Coat (Month 3)
• Wk 1-2: Cleaning and priming the entire 1160 sq. ft. wall surface. Equipment setup (rolling scaffolding/lifts).
• Wk 3-4: Painting the large, subtle background mandala washes. Applying the primary purple and blue color forms.

Phase 3: Mural Execution (Months 4-7)
• Month 4: Painting the intricate foundational scroll (far west) and the main complex central cloud form. Establishing the main vine structures.
• Month 5: Executing the dense, colorful flora. Blending gradients. Applying metallic leaf (silver/gold) in key areas. Painting the flock of cranes. • Month 6: Refining details. Adding depth. Client check-ins. • Month 7: Final touch-ups. Applying high-quality UV-protective and anti-graffiti clear coatings (specifically over delicate metallic leaf). Final site cleanup.

Phase 4: Unveiling & Finishing (Month 8)
• Month 8: Official dedication and unveiling ceremony.

BUDGET BREAKDOWN
The total budget is $52,200 ($45/sq. ft. x 1160 sq. ft.).

Budget Category Estimated Cost % of Total Description
261
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] Artist & Execution
Fees
$31,320 60% Design scaling, painting
labor, metallic leaf
application, lead artist
fees.

Premium Materials
& Specialized
Finishes
$10,440 20% High-end multi-layered
acrylics, specialized
clear coatings (antigraffiti & UV for
metallics), genuine
silver/gold leaf.

Site Prep &
Equipment Rental
$5,220 10% Cleaning, priming
labor, rolling
scaffolding/lift rental,
site safety setup.

Project
Management &
Insurance
$2,610 5% Administrative fees,
project management
hours, specialized
mural insurance.

Marketing &
Unveiling Event
$1,305 2.5% Press release,
dedication ceremony
logistics, modest
marketing materials.
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Eliseo Art Silva Studios

TOTAL $52,200 100%

MAINTENANCE PLAN
A large-scale public work requires direct, simple, and effective maintenance.

Immediate Post-Execution Care (Month 1):
• Initial Curing: The finished mural should be kept free of dust for the first 48 hours. The applied coatings will cure over the first month. No direct touch is required.

Long-Term Maintenance Plan:

1. Regular Cleaning (Semi-Annually):
• Action: Gentle cleaning with a non-abrasive, soft microfiber cloth or soft sponge. • Solution: A very dilute, neutral pH cleaner (like baby soap or specialized mural cleaner) in warm water. Avoid high-pressure water and harsh chemical cleaners, which can damage specialized coatings and metallic leaf.

2. Coating Maintenance (Every 5-7 Years):
• Assessment: The specialized UV/anti-graffiti coating will be inspected every 3-5 years. • Re-application: If the coating shows signs of wear or becomes cloudy, a new layer of the same specialized non-yellowing clear coat must be applied by a professional conservator or approved mural artist. Crucially, a dedicated, non-yellowing breathable coating over the metallic leaf must be specified and applied.

3. Inspections (Annually):
• Action: A walk-through to check for paint peeling, fading, or damage. 263
Eliseo Art Silva Studios

OILS, ACRYLICS, FRESCOES,MOSAICS, SCULPTURE,ANDPUBLIC ART 3050 Pembroke Circle, Corona, CA 92879
951- 446 – 5596|www.eliseoartsilva.com |@elesi_72|[email protected] • Touch-ups: Minor scratches or localized damage can be repaired by a professional using the specific colors. Touch-up protocols will be provided to the client.

4. Graffiti Removal Protocol:
• Action: The applied sacrificial anti-graffiti coating allows for simple removal. • Method: Specific graffiti-removal solutions (e.g., graffiti wipes or biodegradable cleaners) should be used immediately to lift the graffiti without scrubbing, which can damage the delicate metallic leaf below. The sacrificial layer may need to be localized re-applied afterwards.

5. Documentation: Detailed material sheets, color codes, and a maintenance log will be provided to the client for their records.

This proposal offers a distinct, high-quality, and scalable vision that honors the complexity of the provided artwork while meeting the precise logistical and budgetary constraints of the large western wall mural, creating a lasting landmark for collective community luminosity. 264

ELISEO ART SILVA

VISIONARY MURALIST, CULTURAL STRATEGIST, MEMORIAL DESIGNER

ARTIST STATEMENT
Art is a vessel for historical memory and cultural healing. My work transforms public spaces into sacred ground—where communities reclaim authorship, honor their ancestors, and envision futures rooted in justice. Through large-scale murals, memorials, and civic installations, I strive to illuminate untold stories and elevate voices long silenced.

EDUCATION & TRAINING
 MFA, Hoffberger School of Painting, Maryland Institute College of Art (2003)
 BFA, Otis College of Art and Design, Los Angeles (1997)  Artist Residency, Skowhegan School of Painting and
Sculpture (2002)
 Specialized Mural Training under Judith F. Baca, Los
Angeles
 Community Teaching Artist Certificate, CSU Los
Angeles (2021)
 Artists-in-Communities Program, Asian Arts Initiative, Philadelphia (2004)
 Philippine High School for the Arts, Laguna, Philippines (1986–1989)
SELECTED PUBLIC ART INSTALLATIONS Over 100 civic
commissions across the U.S., Mexico & the Philippines
Recent Works (2024–2025)
 Our Filipino Story, Daly City, CA – 62' x 23' mural
 Pinagpala Para Magpala Rin, LA – fresco, mosaic,
bronze shrine
 Uncle Bob Santos Legacy, Seattle, WA – 7' x 12' mural  Valor and Victory, Colton, CA – four 20' x 50' murals  Filipino Floral Tattoo Play Area, Unidad Park, LA –
rubber surfacing design
 Home is Circle City, Corona, CA – civic mural
Legacy Installations
 Gintong Kasaysayan, LA’s Filipino History Mural – 150' x 30'
 Talang Gabay Gateway, Historic Filipinotown, LA
 Alab ng Puso, Philadelphia – first Filipino mural on East Coast
 Philippine Nationality Room, University of Pittsburgh  Carlos Bulosan & Larry Itliong Memorials, Seattle &
Delano

PROFILE
Internationally acclaimed public
artist with over 100 civic
commissions across the U.S. and
Philippines. Specializes in landmark
heritage murals, memorials, and civic
installations that reclaim Filipino
authorship and amplify community
voices. Blends symbolic storytelling,
cultural restoration, and collaborative
leadership to transform urban spaces
into sites of healing and pride.

CONTACT
궼궾궽 Los Angeles & Manila
| 🖼 Studio: Corona, CA
| 긼긽긾긿김 [email protected]
| 🌐 www.eliseoartsilva.com
| 꺑꺘꺓꺚꺔꺛꺕꺙 Instagram: @elesi_72

CORE SKILLS
 Monumental mural and
memorial design
 Filipino cosmology,
history, and diaspora
integration
 Community-engaged art
and civic collaboration
 Symbolic storytelling and
cultural restoration
 Professional presentation
and proposal development
265
 Manifest Diversity, CSUDH 50th Anniversary Mural
 Choose Respect, Sitka, Alaska – anti-domestic violence mural
 Long Live International Solidarity!, Mexico City

HONORS & DISTINCTIONS
Civic & Cultural Recognition
 Cultural Treasure Designation, City of Los Angeles
(2018)
 Award of Design Excellence, LA Department of Cultural Affairs (2017)
 Most Outstanding Migrant Artist, Global Migrant
Heritage Foundation (2023)
Media & Cultural Impact
 Featured in LA Weekly, KCET, NBC Philadelphia,
Explore Lompoc
 Recognized for first Filipino-themed fresco shrine in LA Fellowships & Grants
 Joan Mitchell Foundation MFA Grant
 Ford Foundation Grant, City College of NY
 Visual Art Fellowship, Independence Foundation
 Getty Multicultural Arts Fellow Internship
Academic Awards
 Distinguished Alumni, Colegio de San Juan de Letran
 Multiple Scholarships, Otis College of Art & Design
 Hoffberger Scholarship, MICA

SELECTED EXHIBITIONS
Group
 Filipino California, Forest Lawn Museum (2024)
 Surface Tension, Skirball Cultural Center (2017)
 I Want the Wide American Earth, Smithsonian Tour
(2013–2015)
 Made in California, LACMA (2000)
Solo
 Fiesta Apocalypse, Oxnard College (2022)
 Disruptions, Pinta Dos Gallery (2017)
 Larawan ng Sambayanan, Embassy of the Philippines,
DC (2003)
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FOSS FIELD PARK

PUBLIC ART PROJECT PROPOSAL

FOSS FIELD PARK

PUBLIC ART PROJECT PROPOSAL
Patrick Barwinski
& Peter Hazel
Patrick Barwinski
& Peter Hazel
267
Peter Hazel Cost Estimate (Hummingbird Sculpture)
Hummingbird Sculpture
Design & Admin $26,000
Concept development, structural design, engineering coordination, and fabrication planning.

Fabrication & Materials $25,000
Fabrication, specialty materials, finishing processes, and surface treatments for long-term durability.

Equipment & Rentals $2,500
Forkli / boom li access, rigging equipment, and installation tools required for safe placement.

Delivery & Installation $5,500
Transportation, on-site installation, insurance, anchoring, and final Insurance & Permits $10,430
General liability insurance, payment & performance bond, required permits and associated fees placement coordination.

Total $69,430
Please note this price does not include concrete hard / so base. This can be negociated with city once project is approved.
268
269
Peter Hazel Cost Estimate (Lizard Sculpture)
Lizard Sculpture
Design & Admin $26,000
Concept development, structural design, engineering coordination, and fabrication planning.

Fabrication & Materials $25,000
Fabrication, specialty materials, finishing processes, and surface treatments for long-term durability.

Equipment & Rentals $2,500
Forkli / boom li access, rigging equipment, and installation tools required for safe placement.

Delivery & Installation $5,500
Transportation, on-site installation, insurance, anchoring, and final placement coordination.

Insurance & Permits $10,430
General liability insurance, payment & performance bond, required permits and associated fees
Total $69,430
Please note this price does not include concrete hard / so base.

This can be negociated with city once project is approved. 270
271
Foss Field Park Public Art Projects
Patrick Barwinski 951-796-2772 [email protected]
Foss Field Park Public Art - Western Block Wall Mural
Mural Artwork
Color Palee
* Please note that this proposed mural artwork can be modified.

Final details, objects and colors can be discussed with client upon finalizing mural artwork.

Scale Reference
272
Foss Field Park Public Art - Restroom Wall Mural
Mural Artwork - Option 1
273
Foss Field Park Public Art - Restroom Wall Mural
Mural Artwork - Option 2
274
Wall Mural Artwork - Option 02
Le
Side - Details
Middle - Details
Right Side - Details
275
Mural Artwork - Main Wall
Mural Artwork - Restroom Wall (Option 1)
Bathroom Wall Mural Artwork - Option 1
276
Mural Artwork - Main Wall
Mural Artwork - Restroom Wall (Option 1)
Bathroom Wall Mural Artwork - Option 2
277
Bathroom Wall Mural
Design & Admin $10,000
Design development, concept refinement, scaled layout
planning, project coordination, and insurance.

Labor & Materials $23,000
On-site mural execution including layout, painting, detailing, and professional exterior materials for long-term durability.

Equipment & Rentals $2,500
Scaolding, li
access (if needed), sprayers, gas generator,
safety equipment, and necessary tools for eicient installation.

Protective Coating $1,000
Application of anti-graiti protective coating to ensure longevity and ease of maintenance.

Total 36,500
Patrick Barwinski Cost Estimate (Western Wall Mural)
278
Western Wall Mural
Design & Admin $10,000
Design development, concept refinement, scaled layout
planning, project coordination, and insurance.

Labor & Materials $40,000
On-site mural execution including layout, painting, detailing, and professional exterior materials for long-term durability.

Equipment & Rentals $5,000
Scaolding, li
access (if needed), sprayers, gas generator,
safety equipment, and necessary tools for eicient installation.

Protective Coating $2,000
Application of anti-graiti protective coating to ensure longevity and ease of maintenance.

Total 57,000
Patrick Barwinski Cost Estimate (Western Wall Mural)
279

FOSS FIELD PARK

PUBLIC ART PROJECT PROPOSAL

FOSS FIELD PARK

PUBLIC ART PROJECT PROPOSAL
Alejandro Poli
280
Monday, April 6, 2026

ARTIST INFORMATION
City of Perris
Public Services Department
Foss Field Park Public Art Projects
Request for Proposal (RFP)

OVERVIEW
In 2019, the City of Perris established the Public Art Initiative to advance the development of public art projects throughout the city. This initiative supports cultural and artistic resources, including visual artwork, performing arts, and architectural elements to celebrate the City’s diverse cultural identity and enhance community beautification. The Public Art Initiative continues to guide ongoing efforts to preserve and promote the City’s history, culture, architectural heritage, and community well-being through public art programs, events, and projects that enrich community vitality, public health, and public engagement.

To further these goals, the City of Perris Public Service Department will be submitting a grant proposal to the Arts in California Parks program. Launched in 2024 through a partnership between California State Parks, the California Arts Council, and Parks California, this community‑focused grant program activates local parks through community-centered art and cultural experiences that foster creativity, connection and a deeper relationship to California’s natural and cultural landscapes. For the 2026 grant cycle, funded projects must be planned for implementation during the grant period of October 1, 2026, through September 30, 2027. The program anticipates awarding up to $2.5 million in total funding, with individual awards ranging from $15,000 to $100,000, depending on project scale and need.

The City’s grant proposal will include a total of (4) public art projects at Foss Field Park (reference Section II). Implementation and award of all four project components are contingent upon the City’s successful receipt of grant funding and the City’s direction to proceed with public art projects subject to available funding. Should the City of Perris not be awarded funding through this grant program, the City will phase the projects as funding becomes available. For additional information about the Arts in California Parks Grant Program, please visit: https://artsincaliforniaparks.org/grants-program.

SUBMITTAL REQUIREMENT CHECKLIST
The following items will be required in order to submit a complete application for consideration.

1. Completed and Signed Application Form

2. Applicant(s) resume(s) to include a brief one (1) page summary of work, qualifications, portfolio examples, including images and reviews of previously completed art/mural art, description of the size, materials, cost, location, and references for earlier projects.

3. Project timeline including how long it will take to complete the artwork.

4. Statement or cover letter explaining why this project appeals to you. 1 Document ID: 260957196299072
281

5. Itemized budget (include the applicants fees, insurance costs, materials/supply costs, rental equipment, portable lighting and generator, staging, project signage and all other associated costs to complete the project.

6. Proof of insurance

7. A narrative and design illustrating the concept, including a digital format of all components, images and color representation of the proposed mural to include:

A. A description of the approach to the project such as methods of site preparation, or other material to secure the longevity of the mural.

B. Identification of the medium, material, timeline for completion and dimensions for the proposed mural by considering that it is intended to be seen at all times.

C. Warranty for completed work including the use of durable materials with suitable longevity.

8. A suitable maintenance plan that incorporates a schedule of costs and timeline for maintenance, inspections, surface cleanings, additional coats of protective for the mural’s longevity,

9. For public safety the artist(s) shall comply with the following:

A. Approval of insurance from the City’s Risk Management Office will be required.

B. There should be no accessible sharp edges, points, or projections that can cut, puncture or cause injury by impact.

C. All applicable building codes and standards shall apply to structures.

Applications must follow the following submittal requirements and application submittal does not guarantee approval.

For questions regarding this application or the City of Perris Art Mural Program, please contact the Public Services Department at [email protected] or at (951) 435-7206 or visit www.cityofperris.org/publicart.

Name Alejandro Poli Jr
Company Name (if applicable) Man One Art
Business Phone Number (if
applicable)
(626) 458-2444
Phone Number (626) 458-2444
Email [email protected]
Website www.ManOne.com
Social Media Handle @ManOneArt (instagram, fb)
Address 4335 E. Lowell St. Suite C
Ontario, CA, 91761
Proof of Insurance
PDF COI - Milliken Business Center, LLC.pdf
Resume
PDF M1.RESUME.1PAGE.2026.pdf
2 Document ID: 260957196299072
282
Examples of Previous Artwork
3 Document ID: 260957196299072
283
4 Document ID: 260957196299072
284
PDF AP.ANNOTATED IMAGES.2025.pdf
Are you (the artist) a resident of the
City of Perris?
No
Preferred method of contact Business Phone Number Email How did you hear about the Foss Field
RFP? Instagram

PROPOSED ARTWORK INFORMATION
Artwork Title "In The Frequency of Life"
Artwork Description

1.) This mural is an abstracted landscape of symbols, letters, colors and shapes that create a visual frequency. Just like instrumental music is interpreted differently by every person that listens to it, this piece creates a visual harmony who's melody is to be explained specifically by the eyes gazing upon it.

The bright colors and fun shapes give context to the piece which will engage viewers of all ages and backgrounds.

2. & 3.) These sculptures are abstracted letterforms using the similar colorful motifs that exist on the mural. The idea is to create shapes and figures that are from the same artistic language but open to interpretation and evoke interesting composition. The sculptures would anchor the different points within the park.
5 Document ID: 260957196299072
285
Proposed Artwork Design
Artwork Material Mural: Acrylic and aerosol paint, treated with uv and anti 6 Document ID: 260957196299072
286
graffiti coatings. Sculptures: powder coated metal/aluminum Artwork Dimensions Mural: 142’ L x 8’ H. Sculptures: 10'H - 12'H x 7'W - 9'W

ARTIST PROPOSAL
Proposed Project Type Western Block Wall Mural
Southeast Corner Installation for Free-Standing Artwork Northeast Coner Installation for Free-Standing Artwork
Proposed Project Statement/ Cover Letter
I am really interested in this project because it gives me the opportunity to create a cohesive large scale installation that can be enjoyed by the public at large. The high level concept of my proposal is to bring community together through thoughtful use of color and space. In this park setting, visitors are usually there to have fun, play games and interact with family. This project, in my mind, serves to close the gap between function and imagination. The artwork is meant to give permission for thoughtfulness, creativity and fun. Sometimes artwork doesn't need to be so cerebral to be enjoyed or understood. Color and shape can elevate enjoyment and allow for a sense of freedom. Those are the emotions and ideas I'm aiming to evoke from this public art installation.

Maintenance Plan
The mural would be anti graffiti coated and should be re-applied every 3-5 years depending on wear and tear. Graffiti should be removed as quickly as possible, cleaning solvents will be purchased to be kept on site for small and simple clean ups to be done by local city maintenance staff. Any significant vandalism should be handled by a professional crew. I recommend "MuralColors" (an LA based company). Costs range from a couple hundred dollars for material purchase and labor up to several thousands if large vandalism occurs. I do not do surface cleanings or ongoing maintenance, but I am available for consultation and repainting of areas should damage be significant and require restoration. Costs would be billed accordingly and I would provide an estimate before beginning any such work.

Estimated Completion Date Friday, October 30, 2026
Project Timeline
PDF M1.Perris.Timeline.pdf

BUDGET PROPOSAL
Project Budget 227000
Itemized Project Budget
PDF M1.Perris.Budget.pdf
If the City is unable to fund the full
proposed amount, would you be able
to still execute the art piece?
Yes
Do you have additional funding for
this art piece?
No
7 Document ID: 260957196299072
287
Required Documentation
Required Documents Checklist Copy of Insurance Artwork Design Resume and Examples of Previous Artwork
Project Concept Statement Itemized Project Budget
Maintenance Plan Project Schedule
Additional Supporting Documents
PDF M1.REFERENCES.2025.pdf

CERTIFICATION AND AUTHORIZATION
By signing below, I acknowledge that I am authorized to sign this application. I have read and agree to abide by the City of Perris Proposal requirements. I understand that this application is subject to City review, approval, and denial.

Signature
Date Monday, April 6, 2026
Name Alejandro Poli Jr
8 Document ID: 260957196299072
288
ARTIST DESIGN FEES: $15,000
MURAL INSTALLATION (labor for artist and assistants): $40,000 MATERIALS & SUPPLIES (artist geso, high quality acrylic and aerosol paints, brushes, drop cloths, etc): $20,000
SCULPTURE FABRICATION: $100,000 ($50,000 each)
SCULPTURE TRANSPORTATION and INSTALLATION: $25,000
ADMNISTRATIVE COSTS: $5,000
FINAL TOPCOAT & ANTI-GRAFFITI COATING: $10,000
VIDEO & PHOTO DOCUMENTATION: $4,000
INSURANCE: $3,000
CONTINGENCY: $5,000
TOTAL: $227,000
ITEMIZED BUDGET:CITY OF PERRIS/

FOSS FIELD PARK PUBLIC ART
Wall Location: Foss Field Park, City of Perris, California Artist: Man One
Contact:626-458-2444 | [email protected]
www.ManOne.com | @ManOneArt
289
Foss Field Park Public Art Project - City of Perris
Mural Timeline:
-final design: 2 weeks
-wall prep and sketching: 1 week
-mural painting and installation: 2.5 weeks
Sculptures:
-final renderings and cad designs: 3-4 weeks
-fabrication: 2-3 months
-installation: 1 week
M a n O n e
(Alejandro Poli Jr.)
4335 E. Lowell St.

Suite C, Ontario, Ca 91761
[email protected]
www.ManOne.com
626.458.2444
290
M a n O n e
(Alejandro Poli Jr.)
4335 E. Lowell St. Suite C
Ontario, Ca 91761
[email protected]
www.ManOne.com
626.458.2444
Artist Resume (Abbreviated)
Public Art Murals and Projects:
2025 “Celestial Guardian of the Arts District”, public mural commissioned by Aliso Apartments, Los Angeles,Ca
Family and Amor in Watts”, 60 foot tall public mural commissioned by BRIDGE housing (affordable housing developer), Watts, Ca
“Art @ ONT”, public art display, Ontario Airport Terminal 2, Gate 210, Ontario, Ca 2024 “Kizh Spirit in the Sky”, 82 foot tall public mural commissioned by the city, El Monte, Ca “Lomita Skies", public mural inspired by 5th grader's mural contest submissions commissioned by the city of Lomita. Lomita, Ca
“Faces of Watts”, public art project commissioned by BRIDGE housing (affordable housing developer), Watts, Ca
2023 “Faces of Pomona”, public art mural project featuring portraits of three local artists commissioned by the City of Pomona, Ca
"The Good People Under Our Sun and Moon”, large public art mural project commissioned by the city, Placentia, Ca
“1 Cal Plaza Mural”, public art commissioned by Rising Realty Partners for 1 California Plaza, Los Angeles, Ca
2022 “UNITY”, public mural painted with local street artists, arts envoy and lead artist for “StreetArt Project 2022” funded by the US Embassy Nepal, Kathmandu, Nepal “Mithila Mural”, public mural painted with traditional Mithila artists, arts envoy and lead artist for “Street Art Project 2022” funded by the US Embassy Nepal, Janakpur, Nepal “GrandAveAugmented”, publicAR activation commissioned by the Downtown Center Business Improvement District (DCBID), Los Angeles, Ca
“DTLA MAN”, commissioned by Silverstein Properties as artist and curator for “USBT MURAL PROJECT”, US Bank Tower, LosAngeles, Ca
“The World is Nuts”, privately commissioned mural along Live Oak Park bike path, Berkeley, Ca “MAN BULL”, commissioned by El TORITO Restaurant to hand paint life size bull sculpture and featured artist for Hispanic Heritage Month campaign, Ontario, Ca “Noni Olabisi QEPD”, commissioned by Silverstein Properties, US Bank Tower, Los Angeles, Ca “MANSTRACTION”, commissioned by Overspray Art Gallery, Pomona, Ca 2021
”Ese Leo!”, funded by GenteChicano/SOYmosChicanosArts fund viaArtshare LA, LosAngeles, Ca ” Downward Man”, commissioned by Agora Partners, Hollywood, Ca “Brumer Love:Stanley & Miriam”, commissioned by Linder &Associates, LosAngeles, Ca 2019 ”Futuro”, commissioned by Palomar College, San Marcos, Ca 2018 ”El Sereno Happiness”, commissioned for Hatchspaces, El Sereno, Ca “Smile Now, Cry Later”, commissioned for Pro Doc Technologies, LosAngeles, Ca 2017 “Mama y Papa”, commissioned by Estrella Jalisco, LosAngeles, Ca “Cuidado Niños Jugando”, commissioned for the Mayor Garcetti’s Vision Zero Initiative, Los Angeles, Ca
“The Colors of Unity”, commissioned byArts Bridging the Gap, Hollywood, Ca “Trejo Portraits”, commissioned by Trejos Coffee and Donuts, Hollywood, Ca Private Mural Commissions:
2024 “Battle of the Gargantuas”, commissioned by Silverstein Properties WTC 3, New York, Ny “Paint the Ice” LA KINGS fan appreciation event Crypto.com Arena, Los Angeles, Ca 2023 LA KINGS live mural during fanfest at NHL playoffs, Crypto.com Arena, Los Angeles, Ca College Football Playoff, digitally printed mural installed at LAX airport, LosAngeles, Ca 2022 ”Isn’t She Lovely”, car mural on 1930 Model A Ford, Los Angeles, Ca DELTAAirlines, employee mural for new terminal at LAX, LosAngeles, Ca 2021 “WOMC”, interior mural for Wine of the Month Club, Monrovia, Ca “GRAFFITI SPIRIT:LIFT”, interior mural for Lift Coffee Roasters, Whittier, Ca 2020 “SUN”, interior mural for RTI, Hermosa Beach, Ca
2019 “Poseidon”, interior mural for RTI, Hermosa Beach, Ca “The Festival:Sneakers x Music”, various interior murals for Sneakertopia, LosAngeles, Ca 291 M a n O n e
(Alejandro Poli Jr.)
Professional References:

Susan Neufeld
Senior Vice President of Community
Development, Evaluation, Resident
Programs, and Resource Development
BRIDGE housing
909-376-0014 mobile
[email protected]
Dara McQuillan
Chief Marketing & Communications
Officer
Silverstein Properties
7 World Trade Center
New York, NY 10007
212-551-7352 direct
646-331-7216 mobile
[email protected]
Isabel Rojas -Williams
Former Executive Director (2011-2016)
Mural Conservancy of LA
626-278-0761 mobile
[email protected]
292

FOSS FIELD PARK

PUBLIC ART PROJECT PROPOSAL

FOSS FIELD PARK

PUBLIC ART PROJECT PROPOSAL
Nicole Beck
293
Tuesday, March 24, 2026

ARTIST INFORMATION
City of Perris
Public Services Department
Foss Field Park Public Art Projects
Request for Proposal (RFP)

SUBMITTAL REQUIREMENT CHECKLIST
The following items will be required in order to submit a complete application for consideration.

1. Completed and Signed Application Form

3. Project timeline including how long it will take to complete the artwork.

4. Statement or cover letter explaining why this project appeals to you. 1 Document ID: 260825997871071
294