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March 2, 2021 CC Agenda Packet
CITY COUNCIL CLOSED & REGULAR SESSION 550 E. 6th Street, Beaumont, CA Tuesday, March 02, 2021 Closed Session: 5:00 PM | Regular Meeting: 6:00 PM Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours. AGENDA MEETING PARTICIPATION NOTICE This meeting will be conducted utilizing teleconference communications and will be recorded for live streaming as well as open to public attendance subject to social distancing and applicable health orders. All City of Beaumont public meetings will be available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access. beaumontca.gov/livestream Public comments will be accepted using the following options. 1. Written comments will be accepted via email and will be read aloud during the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Comments can be submitted anytime prior to the meeting as well as during the meeting up until the end of the corresponding item. Please submit your comments to: nicolew@beaumontca.gov 2. Phone-in comments will be accepted by joining a conference line prior to the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Please use the following phone number to join the call (951) 922 - 4845. 3. In person comments subject to the adherence of the applicable health orders and social distancing requirements. In compliance with the American Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's office using the above email or call (951) 572 - 3196. Notification 48 hours prior to a meeting will ensure the best reasonable accommodation arrangements. 1 CLOSED SESSION - 5:00 PM A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Authority / Beaumont Successor Agency (formerly RDA)/Beaumont Parking Authority / Beaumont Public Improvement Authority may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken prior to the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers. CALL TO ORDER Mayor Lara, Mayor Pro Tem W hite, Council Member Martinez, Council Member Fenn, Council Member Santos Public Comments Regarding Closed Session 1. Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) - One Potential Case 2. Conference with Labor Negotiators - Pursuant to Government Code Section 54957.6 City Designated Representatives City Manager Todd Parton and Administrative Services Director Kari Mendoza. Employee Organizations: Beaumont Police Officers Association and SEIU 3. Conference with Legal Counsel Regarding Anticipated/Existing Litigation - Pursuant to Government Code Section Page 1 of 271 54956.9(d)(1)and/or(2) and/or (3) (Worker’s Compensation Case No. COBM-0084) Adjourn to Regular Session REGULAR SESSION - 6:00 PM CALL TO ORDER Mayor Lara, Mayor Pro Tem White, Council Member Martinez, Council Member Fenn, Council Member Santos Report out from Closed Session Action on any Closed Session Items Action of any Requests for Excused Absence Pledge of Allegiance Approval / Adjustments to the Agenda Conflict of Interest Disclosure ANNOUNCEMENTS/ RECOGNITION / PROCLAMATIONS / CORRESPONDENCE 2 PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) Any one person may address the City Council on any matter not on this agend a. If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person. State Law p rohibits the City Council from discussing or taking actions brought up by your comments. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only. 1. Approval of Minutes Recommended Action: Approve minutes dated February 16, 2021, and February 23, 2021. 2. Accept Performance Bonds and Security Agreements for Survey Monuments from Woodside 05S, LP and Final Approval of Tract Map Nos. 37697 and 37698, Located in the Oak Valley and SCPGA Golf Course Specific Plan Recommended Action: Accept performance bonds and security agreements for survey monuments from Woodside 05S, LP; Approve Tract Map No. 37697 as it is in substantial conformance with the approved tentative map; and Approve Tract Map No. 37698 as it is in substantial conformance with the approved tentative map. 3. Authorize the Purchase of a Ford Fusion SEL Hybrid for Environmental Compliance Manager in the Amount of $28,839.10 from Fairview Ford Recommended Action: Approve and authorize the issue of a purchase order to Fairview Ford for one Ford Fusion SEL Hybrid in the amount of $28,839.10. 4. Approve the Purchase of a Ford F150 Super Crew Work Truck for the Community Services Department in the Amount of $28,019.44 from Fairview Ford Recommended Action: Approve and authorize the issue of a purchase order to Fairview Ford for one F150 Super Crew in the amount of $28,019.44. 5. FY 2021 General Fund and Wastewater Fund Budget to Actual through January 2021 Recommended Action: Receive and file the attached reports. PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. 6. Public Hearing Continued to March 16, 2021, Regarding Revisions to the Approved City Prior Year Capital Improvement Project Plan and the Fiscal Year 2021 – 2025 Capital Improvement Project Plans 3 Recommended Action: Open the public hearing and continue to the City Council Meeting of March 16, 2021. ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 7. Authorize a Contract with Nth Generations in the Amount of $179,897.12 for a Disaster Recovery and Backup Solution to Include Implementation and a 5-Year Support Service Recommended Action: Authorize the City Manager to execute a contract with Nth Generation, Computing, Inc., in the amount of $179,897.12 for a disaster recovery and backup solution to include implementation and a 5-year support service. 8. Mayoral Appointment of Liaisons to Beaumont Basin Watermaster Board Recommended Action: Mayoral appointments of City Council members as liaisons to the Beaumont Basin Watermaster Board. 9. Consideration of Cooperative Agreements Between the City of Beaumont, City of Banning, Riverside County and State of California for the Provision of Fire Protection, Rescue, Fire Marshal and Emergency Medical Services Recommended Action: City staff recommends that the City Council direct the Mayor to formally request in writing Riverside County’s basis for administrative overhead costs and budgetary forecasts associated with the fire protection, fire prevention, rescue, fire marshal and emergency medical services cooperative agreements. LEGISLATIVE UPDATES AND DISCUSSION COUNCIL REPORTS - Santos - Fenn - Martinez - White - Lara ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out and City Council Direction CITY TREASURER REPORT Finance and Audit Committee Report Out and City Council Direction 4 CITY CLERK REPORT CITY ATTORNEY REPORT CITY MANAGER REPORT 10. February 2021 Department Project Updates FUTURE AGENDA ITEMS ADJOURNMENT The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday, March 16, 2021, at 6:00 p.m., unless otherwise posted. Beaumont City Hall – Online www.BeaumontCa.gov 5 CITY COUNCIL CLOSED & REGULAR SESSION 550 E. 6th Street, Beaumont, CA Tuesday, February 16, 2021 Closed Session: 5:00 PM | Regular Meeting: 6:00 PM Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours MINUTES CLOSED SESSION - 5:00 PM A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Authority / Beaumont Successor Agency (formerly RDA)/Beaumont Parking Authority / Beaumont Public Improvement Authority may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken prior to the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers. CALL TO ORDER at 5:03 p.m. Present: Mayor Lara, Mayor Pro Tem White, Council Member Martinez, Council Member Fenn, Council Member Santos Public Comments Regarding Closed Session No comments. 1. Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) - One potential case No reportable action. 2. Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) One Case: City of Beaumont v. Norton Rose No reportable action. Adjourn to Regular Session 6 Item 1. REGULAR SESSION - 6:00 PM CALL TO ORDER at 6:09 p.m. Present: Mayor Lara, Mayor Pro Tem White, Council Member Martinez, Council Member Fenn, Council Member Santos Report out from Closed Session: see above Action on any Closed Session Items: None Action of any Requests for Excused Absence: None Pledge of Allegiance Approval / Adjustments to the Agenda: None Conflict of Interest Disclosure: None ANNOUNCEMENTS/ RECOGNITION / PROCLAMATIONS / CORRESPONDENCE Recognition of retirement of Rick Bishop of WRCOG. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the City Council from discussing or taking actions brought up by your comments. No comments CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only. 1. Approval of Minutes Recommended Action: Approve minutes dated February 2, 2021. 2. Request from the San Gorgonio Pass Historical Society for a Donation of Surplus Property Recommended Action: Approve the request from the San Gorgonio Pass Historical Society for a donation of surplus property. Motion by Council Member Martinez Second by Mayor Lara To approve the consent calendar. Approved by a unanimous vote. 7 Item 1. PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. 3. Hold a Public Hearing and Adopt Final One (1) Year Extension of Ordinance No. 1121 of an Interim Urgency Ordinance for a Temporary Moratorium Prohibiting Tire Sales and Tire Repair Establishments Public hearing opened at 6:09 p.m. No comments Public hearing closed at 6:09 p.m. Motion by Council Member Martinez Second by Mayor Lara To waive the full reading and adopt by title only, “One Year Extension of Ordinance No. 1121 Being an Interim Urgency Ordinance of the City of Beaumont, Enacting a Temporary Moratorium Prohibiting Tire Sales and Tire Repair Establishments, Pursuant to Government Code Section 65858.” Approved by a 4-1 vote Ayes: Santos, Fenn, Martinez, Lara Noes: White ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 4. First Amendment to the Professional Services Agreements with Chambers Group, Inc., and PlaceWorks, Inc., for On-Call Environmental Services for a One-Year Extension through July 1, 2022 Motion by Mayor Lara Second by Mayor Pro Tem White To approve one-year extensions to the Professional Services Agreements with Chambers Group, Inc., and PlaceWorks, Inc., for on-call environmental services. Approved by a unanimous vote. 5. Approval of Purchase Order, Not to Exceed $100,000 for SCADA Services Provided by SKM Engineering, LLC Motion by Council Member Fenn Second by Council Member Martinez To approve purchase order in the amount not to exceed $100,000 for SCADA services by SKM Engineering, LLC. Approved by a unanimous vote. 8 Item 1. 6. Authorize City Staff to Create a Facilities Use Agreement with the Fellowship Church for Establishment of an Incident Command Post to be Used in the Event of Floods, Mud Slides and Debris Flows Resulting from the Apple Fire and El Dorado Fires Motion by Mayor Pro Tem White Second by Council Member Santos To authorize City staff to create a facilities use agreement with Fellowship Church for continued use of the facilities at the church. Approved by a unanimous vote. 7. Report from City Staff Regarding the Execution of Non-Consensual Towing Services Agreements Motion by Mayor Lara Second by Council Member Martinez To receive and file. Under Beaumont Municipal Code 5.51.080, the Chief of Police has the authority to execute towing services on behalf of the City. Approved by a unanimous vote. 8. Approval to Replace/Update ALPR Technology Motion by Mayor Pro Tem White Second by Council Member Martinez To approve the purchase of updated ALPR technology for the Police Department from SLESA funding, approve annual maintenance and support fees to be paid from the general fund, and authorize the City Manager to sign the Vigilant Enterprise Service Agreement. Approved by a unanimous vote. 9. Contract for Investment Advisor and Portfolio Management Services Motion by Mayor Pro Tem White Second by Council Member Santos To approve a three-year contract with Public Trust Advisors, LLC, to perform investment advisor and portfolio management services with options for 2 one-year extensions. Approved by a unanimous vote. 9 Item 1. 10. Approval of the City of Beaumont Legislative Platform for 2021 Motion by Mayor Pro Tem White Second by Mayor Lara To approve the 2021 Legislative Platform as proposed. Approved by a unanimous vote. 11. Approval of City Attorney Invoices for the Month of January 2021 Motion by Mayor Pro Tem White Second by Mayor Lara To approve invoices in the amount of $78,225.00. Approved by a unanimous vote. LEGISLATIVE UPDATES AND DISCUSSION COUNCIL REPORTS Santos - Attended an RTA meeting, the Student of the Month recognition, Economic Development Committee meeting and SCAG meeting. Fenn - Gave a report out from the Beaumont Basin Water meeting, Reported out from the T-Now meeting, Finance and Audit Committee and Economic Development Committee meetings. Martinez - No report. White - Thanked the mayor for his new monthly video. Lara - Gave a report out from the WRCOG meeting. ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out. CITY TREASURER REPORT Finance and Audit Committee Report Out. CITY CLERK REPORT No report. CITY ATTORNEY REPORT No report. CITY MANAGER REPORT No report. 10 Item 1. FUTURE AGENDA ITEMS • 6-month update on the General Plan and how it relates to the current moratorium • Suggestion of Public Outreach discussion on the agenda in a bi-annual basis ADJOURNMENT at 8:33 p.m. 11 Item 1. CITY COUNCIL SPECIAL CLOSED SESSION 550 E. 6th Street, Beaumont, CA Tuesday, February 23, 2021 Closed Session: 6:00 PM Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours MINUTES CLOSED SESSION - 6:00 PM A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Authority / Beaumont Successor Agency (formerly RDA)/Beaumont Parking Authority / Beaumont Public Improvement Authority may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken prior to the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers. CALL TO ORDER at 6:04 p.m. Present: Mayor Lara, Mayor Pro Tem White, Council Member Martinez, Council Member Fenn, Council Member Santos Public Comments Regarding Closed Session No comments. 1. Conference with Labor Negotiators - Pursuant to Government Code Section 54957.6 City Designated Representatives City Manager Todd Parton and Administrative Services Director Kari Mendoza. Employee Organization: SEIU No reportable action. ADJOURNMENT at 7:27 p.m. 12 Item 1. Staff Report TO: Mayor, and City Council Members FROM: Jeff Hart, Public Works Director DATE March 2, 2021 SUBJECT: Accept Performance Bonds and Security Agreements for Survey Monuments from Woodside 05S, LP and Final Approval of Tract Map Nos. 37697 and 37698, Located in the Oak Valley and SCPGA Golf Course Specific Plan Background and Analysis: As part of the development process to subdivide a parcel(s) in accordance with the Subdivision Map Act, a tentative map is reviewed and approved by the Planning Commission and City Council. During the review process, City staff reviews conditions of approval provided by all City departments and prepares final conditions to be issued with the tentative map approval. Once a tentative map is approved by City Council and conditions have been satisfied, final approval by City Council is required to complete the subdivision process. On February 4, 2020, City Council approved Tentative Map No. 37697 and Tentative Map No. 37698 subject to the completion of the conditions of approval. Tentative Map No. 37697 and Tentative Map No. 37698 are proposed subdivisions of a portion of Planning Area (PA) 25 as shown on approved Tentative Map No. 31492 and the adopted Oak Valley and SCPGA Golf Course Specific Plan. The proposed Tract Map No. 37697 and Tract Map No. 37698 (Tracts) are located north of Oak Valley Parkway, south of Champions Road and east of the future extension of Tukwet Canyon Parkway. Tract Map No. 37697 will subdivide 13.19 acres into 73 single family residential lots with a 4,950 square foot minimum lot size and 8 lettered lots. Tract Map No. 37698 will subdivide 22.09 acres into 126 single family residential lots with a 3,800 square foot minimum lot size and 16 lettered lots. Figure 1 shows the location of the proposed tentative tract maps. 13 Item 2. Figure 1 - Tentative Map No. 31462 Per Beaumont Municipal Code 16.36.080, The City Engineer has certified that: (A) Maps have been examined, (B) The land divisions as shown are substantially the same as appeared on the tentative maps and any approved alterations thereof, (C) All provisions of the Subdivision Map Act and all City ordinances applicable at the time of approval of the tentative maps have been complied with, (D) Maps are confirmed as technically correct, and (E) In the City Surveyors certificate, the date of approval of the tentative map and the date of expiration is stated. Subsequently, City staff recommends the Tracts be approved pursuant to Section 16.36.090 of the Beaumont Municipal Code. However, if the City Council determines that the Tract does not conform to all the requirements of the Subdivision Map Act, and Beaumont Municipal Code, applicable of the tentative maps and any rulings made thereunder may disapprove the map(s); provided, however, the final maps shall not be disapproved due to technical or inadvertent errors which can easily be corrected and, in the opinion of the City Engineer, do not materially affect the validity of the maps. Tentative Map No 37697 Boundary Tentative Map No 37698 Boundary 14 Item 2. There are several public improvements required as part of the development of the Tracts, including storm drain, street, and sewer improvements. As of the date of this report, no improvements have been accepted. Therefore, in accordance with the Subdivision Map Act and Beaumont Municipal Code 16.56.010, the developer shall enter into an agreement with the City to complete the improvements and in connection therewith shall furnish the City improvement security in the amounts required by Section 16.56.040 of said Beaumont Municipal Code. In addition to the public improvements, there are several survey monuments required to be set as part of this Tract. The Subdivision Map Act requires that that at least one exterior boundary line of the land being subdivided be adequately monumented or referenced before the map is recorded. The land developer has certified that all exterior boundary lines are monumented as of September 8, 2020. Furthermore, the Subdivision Map Act and Beaumont Municipal Code 16.36.100 states that interior monuments need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the developer furnishes security guaranteeing the payment of the cost of setting such monuments. The developer has previously provided security agreements and security in the form of bonds for all of the public improvements. The following tables are a summary of the improvements and corresponding bonds: Table 1. Tract Map No. 37697 Bond Summary Improvement Street Previously Approved by Council on November 17, 2020 Storm Drain Previously Approved by Council on November 17, 2020 Sewer Previously Approved by Council on November 17, 2020 Table 2. Tract Map No. 37698 Bond Summary Improvement Street Previously Approved by Council on November 17, 2020 Storm Drain Previously Approved by Council on November 17, 2020 Sewer Previously Approved by Council on November 17, 2020 15 Item 2. Woodside 05S, LP: Woodside 05S, LP has provided security agreements and security in the form of bonds for the interior survey monuments. The agreements have been reviewed by City staff and found to be consistent with the Beaumont Municipal Code. The following table is a summary of the improvements and corresponding bonds: Table 1. Tract Map No. 37697 and 37698 Bond Summary Improvement PW No. Bond Number Principal Survey Monuments TR 37697 PW2020-0489 PB00535000208 Woodside 05S, LP Survey Monuments TR 37698 PW2020-0490 PB00535000207 Woodside 05S, LP Fiscal Impact: The cost of preparing the staff report is estimated to be $750. Recommended Action: Accept performance bonds and security agreements for survey monuments from Woodside 05S, LP; Approve Tract Map No. 37697 as it is in substantial conformance with the approved tentative map; and Approve Tract Map No. 37698 as it is in substantial conformance with the approved tentative map. Attachments: A. Final Map for Tract No. 37697 B. Final Map for Tract No. 37698 C. Security Agreement and Performance Bond No. PB00535000208 D. Security Agreement and Performance Bond No. PB00535000207 16 Item 2. OWNER'S STATEMENT SURVEYOR'S STATEMENT RECORDER'S STATEMENT BEAUMONT CHERRY VALLEY WATER DISTRICT ACCEPTANCE STATEMENT BEAUMONT CITY COUNCIL CERTIFICATE SIGNATURE OMISSIONS TAX BOND CERTIFICATE TAX COLLECTOR'S CERTIFICATE 1 NOTARY ACKNOWLEDGMENT PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS NOTARY ACKNOWLEDGMENT BENEFICIARY ABANDONMENT OF PUBLIC STREET AND PUBLIC EASEMENTS CITY ENGINEER'S STATEMENT 17 Item 2. VICINITY MAP 2 PRIC E S T R E E T PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS OMEARA WAYPRIC E S T R E E T GILMORE DR.MURRAYTUKWE T C A N Y O N BASIS OF BEARINGS SURVEYOR'S NOTES FUNKWAYWEBB PLACE WAYH I N T O N C T .DR.PARKW A Y SOR EN S TAM OA K V A L L E Y PA R K W A Y BOUNDARY MAP OAK VALLEY PARKWAY 18 Item 2. EASEMENT DEDICATION NOTES: EASEMENT NOTES: 3 PRICE STREET PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS OMEARA WAYPRICE STREET GILMORE DRIVEMURRAY WAYTUKWET CANYON 167 130129 128 131 132133 160 159 158 150161 162 163 164 165 166 149 148 147 146 145 144 143 142 120 119 118117 116 115 114113112111 2 3 4 5 6 8 157 156 155 154 153152151 7 9 10 11 12 13 14 15 16 17 18 19 42 43 44 45 4635 32 33 34 3130292827 2524 24 2322 21 20 110 109 108 107 106 105 104 103 102 101 99 98 100 97 96 95 94 93 92 90 91 89 88 87 86 85 47 48 49 50 51 52 53 54 55 585756 59 60 61 62 63 64 65 66 67 68 83 78 77 76 75 72 71 70 69 73 74 79 808182 84 1 FUNK WAY WEBB PLACE H I N TO N C O U R T 168PARKWAY SORENSTAM DR . 169 169 171 170 172 172 1 7 3 1 7 5 127 126 125 124 123 122 121 134135136137138139140 141 176 174 BOUNDARY AND SHEET INDEX MAP X 173 1 7 5 174 TUKWET CANYON PARKWAY PRICE STREETSORENSTAM DR . DETAIL "A" 1 TUKWET CANYON PARKWAY SORENSTAM DRIVE DETAIL "B" 1 7 5 174 176 173175SORENSTAM DR IVE 4 5 6 7 36 37 38 39 40 41 176 19 Item 2. 6 87 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 3 24 25 26 117 1 1 8 1 1 9 120 122123 125126127128129130 131 132 133 134 135 137 136 141 142 143 145 146 147 148149150151152153154155156157158159 161 162 163 164 165 166 167 124 172 174 174 174 138 139 140 144 121 172 160 51234 6 174 173 174174PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS PRICE STREET 4 MURRAY WAYGILMORE DRIVE174 143 21 PRICE STREET WEBB PLACE SORENSTAMDRIVE20 Item 2. 174 20 21 22 2 3 24 25 27 26 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43111 112 113 114 115116 117 1 1 8 1 1 9 120 122 141 142 143 144 172 172 121121 PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS FUNK WAY5 PRICE STR E E T 43 MURRAY WAY142141 PRICE STREE T LOT "B" 111 DETAIL "A" 21 Item 2. 86 4243 44 45 47 4851 87 88 90 9189 93 9792 9594 96 9899 102 101 100 104 103106105108109110 84 85 107 LOT 169 LOT 169 46 49 PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS6 PRICE STREETOMEARA STREET 171170 50 172 DETAIL "A"17246 171 OMEARA ST.PRICE ST.22 Item 2. 7847485251 55 53 54 57 56 5958 60 61 65 62 63 64 66 6867 69 70 71 72 73 75 74 76 77827980 83 81 LO T 1 6 8 50 PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS7 HINTON STREETPRI C E S T R E E T 49 16984172 23 Item 2. OWNER'S STATEMENT SURVEYOR'S STATEMENT RECORDER'S STATEMENT BEAUMONT CHERRY VALLEY WATER DISTRICT ACCEPTANCE STATEMENT BEAUMONT CITY COUNCIL CERTIFICATE SIGNATURE OMISSIONS TAX BOND CERTIFICATE TAX COLLECTOR'S CERTIFICATE 1 NOTARY ACKNOWLEDGMENT PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS NOTARY ACKNOWLEDGMENT BENEFICIARY ABANDONMENT OF PUBLIC STREET AND PUBLIC EASEMENTS CITY ENGINEER'S STATEMENT 24 Item 2. VICINITY MAP 2 PRIC E S T R E E T PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS OMEARA WAYPRIC E S T R E E T GILMORE DR.MURRAYTUKWE T C A N Y O N BASIS OF BEARINGS SURVEYOR'S NOTES FUNKWAYWEBB PLACE WAYH I N T O N C T .DR.PARKW A Y SOR EN S TAM OA K V A L L E Y PA R K W A Y BOUNDARY MAP OAK VALLEY PARKWAY 25 Item 2. EASEMENT DEDICATION NOTES: EASEMENT NOTES: 3 PRICE STREET PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS OMEARA WAYPRICE STREET GILMORE DRIVEMURRAY WAYTUKWET CANYON 167 130129 128 131 132133 160 159 158 150161 162 163 164 165 166 149 148 147 146 145 144 143 142 120 119 118117 116 115 114113112111 2 3 4 5 6 8 157 156 155 154 153152151 7 9 10 11 12 13 14 15 16 17 18 19 42 43 44 45 4635 32 33 34 3130292827 2524 24 2322 21 20 110 109 108 107 106 105 104 103 102 101 99 98 100 97 96 95 94 93 92 90 91 89 88 87 86 85 47 48 49 50 51 52 53 54 55 585756 59 60 61 62 63 64 65 66 67 68 83 78 77 76 75 72 71 70 69 73 74 79 808182 84 1 FUNK WAY WEBB PLACE H I N TO N C O U R T 168PARKWAY SORENSTAM DR . 169 169 171 170 172 172 1 7 3 1 7 5 127 126 125 124 123 122 121 134135136137138139140 141 176 174 BOUNDARY AND SHEET INDEX MAP X 173 1 7 5 174 TUKWET CANYON PARKWAY PRICE STREETSORENSTAM DR . DETAIL "A" 1 TUKWET CANYON PARKWAY SORENSTAM DRIVE DETAIL "B" 1 7 5 174 176 173175SORENSTAM DR IVE 4 5 6 7 36 37 38 39 40 41 176 26 Item 2. 6 87 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 3 24 25 26 117 1 1 8 1 1 9 120 122123 125126127128129130 131 132 133 134 135 137 136 141 142 143 145 146 147 148149150151152153154155156157158159 161 162 163 164 165 166 167 124 172 174 174 174 138 139 140 144 121 172 160 51234 6 174 173 174174PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS PRICE STREET 4 MURRAY WAYGILMORE DRIVE174 143 21 PRICE STREET WEBB PLACE SORENSTAMDRIVE27 Item 2. 174 20 21 22 2 3 24 25 27 26 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43111 112 113 114 115116 117 1 1 8 1 1 9 120 122 141 142 143 144 172 172 121121 PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS FUNK WAY5 PRICE STR E E T 43 MURRAY WAY142141 PRICE STREE T LOT "B" 111 DETAIL "A" 28 Item 2. 86 4243 44 45 47 4851 87 88 90 9189 93 9792 9594 96 9899 102 101 100 104 103106105108109110 84 85 107 LOT 169 LOT 169 46 49 PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS6 PRICE STREETOMEARA STREET 171170 50 172 DETAIL "A"17246 171 OMEARA ST.PRICE ST.29 Item 2. 7847485251 55 53 54 57 56 5958 60 61 65 62 63 64 66 6867 69 70 71 72 73 75 74 76 77827980 83 81 LO T 1 6 8 50 PROACTIVE ENGINEERING CONSULTANTS WEST NOVEMBER 2020 TRACT MAP NO. 31462-21 SHEET OF 7 SHEETS7 HINTON STREETPRI C E S T R E E T 49 16984172 30 Item 2. PW2020-0489 31 Item 2. 32 Item 2. 33 Item 2. 34 Item 2. 35 Item 2. 36 Item 2. 37 Item 2. 38 Item 2. 39 Item 2. 40 Item 2. 41 Item 2. PW2020-0490 42 Item 2. 43 Item 2. 44 Item 2. 45 Item 2. 46 Item 2. 47 Item 2. 48 Item 2. 49 Item 2. 50 Item 2. 51 Item 2. 52 Item 2. Staff Report TO: City Council FROM: Jeff Hart, Public Works Director DATE March 2, 2021 SUBJECT: Authorize the Purchase of a Ford Fusion SEL Hybrid for Environmental Compliance Manager in the Amount of $28,839.10 from Fairview Ford Background and Analysis: As part of the FY2021 budget, a position for an Environmental Compliance Manager was approved. Included in the duties of the Environmental Compliance Manager are sampling and inspection work related to the administration of the City’s Pretreatment Program; to ensure compliance with the National Pollutant Discharge Elimination System (NPDES) Permit for the Municipal Separate Storm Sewer System (M4); to enforce the City’s Industrial Waste Ordinances, storm water program, and sewer collection system; all of which require field work and a City vehicle to be performed. The City received quotes from three (3) bidders: Fairview Ford, Sunrise Ford, and Gosch Ford. The lowest quote received was Fairview Ford as summarized below: Fairview Ford $28,839.10, Sunrise Ford $29,390.03, and Gosch Ford $34,608.63. Fiscal Impact: The total cost for purchasing the vehicle is $28,839.10 and will be allocated from AQMD Funds (205-0000-8060-0000). Recommended Action: Approve and authorize the issue of a purchase order to Fairview Ford for one (1) Ford Fusion SEL Hybrid in the amount of $28,839.10. 53 Item 3. Attachments: A. Vehicle Quotes 54 Item 3. 55 Item 3. 56 Item 3. 57 Item 3. 58 Item 3. 59 Item 3. 60 Item 3. 61 Item 3. 62 Item 3. Staff Report TO: City Council FROM: Doug Story, Assistant Director of Community Services DATE March 2, 2021 SUBJECT: Approve the Purchase of a Ford F150 Super Crew Work Truck for the Community Services Department in the Amount of $28,019.44 from Fairview Ford Background and Analysis: The Community Services Department is requesting the purchase of a new half ton work truck to replace a vehicle that was removed from the fleet due to collision damage. A claim was filed with the insurance company of the motorist who hit the City vehicle and a settlement check for the damaged vehicle was received for $16,199.19. This is a critical piece of equipment for the Grounds and Building Maintenance division, especially as the division is about to enter into its busiest time of the year. The Community Services Department received quotes from three (3) bidders: Fairview Ford, Sunrise Ford and Gosch Ford. The lowest quote received was Fairview Ford as summarized below: Fairview Ford $28,019.44, Sunrise Ford $29,510.70, and Gosch Ford $39,850.00. Fiscal Impact: The total cost for purchasing the vehicle is $28,019.44 and will be funded from Account 100-6050-8060-0000. Recommended Action: Approve and authorize the issue of a purchase order to Fairview Ford for one F150 Super Crew in the amount of $28,019.44. 63 Item 4. Attachments: A. Vehicle Quotes 64 Item 4. 65 Item 4. 66 Item 4. 67 Item 4. Staff Report TO: City Council FROM: Jeff Mohlenkamp, Finance Director DATE March 2, 2021 SUBJECT: FY 2021 General Fund and Wastewater Fund Budget to Actual through January 2021 Background and Analysis: City staff has updated the analysis of the General Fund and Wastewater Fund for FY2021 with results through January. This analysis of the budget to actual results for FY2021 is included in the attached spreadsheets. Fiscal Impact: There is no financial impact to this report. Recommended Action: Receive and file the attached reports. Attachments: A. FY2021 General Fund Budget to Actual Report – through January 2021 B. FY2021 Wastewater Fund Budget to Actual Report – through January 2021 68 Item 5. FY 2021 Estimated Results 2,140,268$ 3,609,196$ 6,174,605$ 6,150,000$ -$ 210,630$ 267,137$ 305,000$ 172,278$ 1,755,048$ 3,019,846$ 3,020,000$ 2,381,765$ 3,153,023$ 5,725,048$ 6,400,000$ 984,152$ 1,143,701$ 7,133,745$ 7,150,000$ 5,678,463$ 9,871,597$ 22,320,381$ 23,025,000$ 86,392$ 211,628$ 325,000$ 335,000$ 86,392$ 211,628$ 325,000$ 335,000$ 3,031,882$ 965,049$ 2,200,000$ 1,800,000$ 192,893$ 192,351$ 210,000$ 335,000$ 364,573$ 309,251$ 417,500$ 420,000$ 263$ -$ -$ 3,589,611$ 1,466,650$ 2,827,500$ 2,555,000$ 20,062$ -$ -$ 9,257$ -$ -$ 29,319$ -$ -$ -$ 4,209,446$ 115,403$ -$ 51,421$ 43,208$ 119,450$ 75,000$ 3,846$ 2,358$ 5,500$ 4,700$ 8,329$ 43,520$ 7,900$ 69,000$ FY 2021 General Fund Budget to Actual through January 2021 City of Beaumont, CA 2018-2019 YTD Activity Through Per 2019-2020 YTD Activity Through Per 2020-2021 YTD Activity Through Per FY 2021 BudgetSubCategory Fund: 100 - GENERAL FUND Revenue Category: 40 - TAXES 400 - Real Property Taxes 3,112,026$ 403 - Personal Property Taxes 254,416$ 406 - Franchise Fees 6,790,280$ 409 - Sales Taxes 2,393,141$ 420 - Other Taxes 975,407$ Total Category: 40 - TAXES:13,525,271$ Category: 41 - LICENSES 430 - Business Licenses 138,185$ Total Category: 41 - LICENSES:138,185$ Category: 42 - PERMITS 450 - Building Permits 1,342,516$ 453 - Inspections 112,172$ 456 - Other Permits 252,003$ 515 - Public Works -$ Total Category: 42 - PERMITS:1,706,691$ Category: 45 - INTERGOVERNMENTAL 465 - State -$ 470 - Local 2,550$ Total Category: 45 - INTERGOVERNMENTAL:2,550$ Category: 47 - CHARGES FOR SERVICE 500 - Sanitation 112,615$ 505 - Animal Control 53,002$ 510 - Community Development 2,878$ 515 - Public Works 4,387$ 69 Item 5. 5,052$ 40,521$ 54,500$ 65,000$ 115,765$ 136,094$ 537,850$ 485,000$ 126,368$ 57,223$ 125,000$ 110,000$ 78,687$ 500$ 20,000$ 6,000$ 68,331$ 76,204$ 148,200$ 139,000$ 4,667,245$ 515,031$ 1,018,400$ 953,700$ 35,986$ 35,135$ 70,000$ 67,000$ 13,700$ 33,356$ 45,000$ 43,000$ 49,686$ 68,491$ 115,000$ 110,000$ 8,139$ -$ 25,000$ 25,000$ 291,640$ 434$ 334,000$ 280,000$ 299,779$ 434$ 359,000$ 305,000$ 484$ 29,141$ 170,000$ 360,000$ 8,274$ 419,029$ 154,500$ 420,000$ 8,759$ 448,170$ 324,500$ 780,000$ 16,649$ -$ 15,000$ -$ 7,500$ -$ -$ 24,149$ -$ 15,000$ -$ (190,108)$ 3,945,159$ 8,549,581$ 8,500,000$ (190,108)$ 3,945,159$ 8,549,581$ 8,500,000$ 14,243,295$ 16,527,160$ 35,854,362$ 36,563,700$ 6,056,986$ 7,101,223$ 13,179,560$ 12,700,000$ 2,871,447$ 3,635,210$ 6,073,295$ 5,950,000$ 410,497$ 334,920$ 478,509$ 610,000$ 9,338,930$ 11,071,352$ 19,731,364$ 19,260,000$ 1,053,295$ 988,827$ 1,548,533$ 1,720,000$ 195,928$ 264,036$ 354,623$ 364,000$ 184,211$ 212,486$ 369,669$ 375,000$ 364,119$ 464,116$ 741,619$ 767,000$ 202,513$ 380,611$ 820,510$ 760,000$ 177,457$ 133,287$ 541,570$ 385,000$ 3,867,120$ 139,665$ 612,000$ 410,000$ 1,713,313$ 1,353,458$ 7,325,058$ 6,300,000$ 545 - Other 28,433$ SubCategory 525 - Abatements 31,212$ 530 - Public Safety 136,146$ 535 - Facilities 75,238$ 540 - Programs 69,457$ Total Category: 47 - CHARGES FOR SERVICE:513,369$ Category: 50 - FINES AND FORFEITURES 555 - Vehicle 42,716$ 557 - Other 21,673$ Total Category: 50 - FINES AND FORFEITURES:64,389$ Category: 53 - COST RECOVERY 465 - State 24,854$ 565 - Other Income 363,819$ Total Category: 53 - COST RECOVERY:388,673$ Category: 54 - MISCELLANEOUS REVENUES 560 - Investment Earnings 76,299$ 565 - Other Income 150,142$ Total Category: 54 - MISCELLANEOUS REVENUES:226,441$ Category: 58 - OTHER FINANCING SOURCES 595 - Sale of Assets 13,417$ 599 - Other -$ Total Category: 58 - OTHER FINANCING SOURCES:13,417$ Category: 90 - TRANSFERS 900 - Transfers 1,408,140$ Total Category: 90 - TRANSFERS:1,408,140$ Total Revenue:17,987,126$ Expense Category: 60 - PERSONNEL SERVICES 600 - SALARIES AND WAGES 6,842,973$ 610 - BENEFITS 4,037,947$ 615 - OTHER 541,586$ Total Category: 60 - PERSONNEL SERVICES:11,422,506$ Category: 65 - OPERATING COSTS 650 - UTILITIES 1,015,274$ 655 - ADMINISTRATIVE 228,387$ 660 - FLEET COSTS 224,975$ 665 - PROGRAM COSTS 466,293$ 670 - REPAIRS AND MAINTENANCE 170,061$ 675 - SUPPLIES 163,549$ 680 - SPECIAL SERVICES 469,316$ 690 - CONTRACTUAL SERVICES 2,455,185$ 70 Item 5. (356,000)$ -$ -$ 952,777$ 1,564,016$ 1,538,766$ 1,590,000$ 8,354,733$ 5,500,503$ 13,852,348$ 12,671,000$ 166,187$ 48,755$ 180,000$ 175,000$ -$ -$ -$ 68,399$ 264,394$ 273,816$ 310,000$ -$ -$ -$ 234,586$ 313,150$ 453,816$ 485,000$ -$ 23,274$ 150,001$ 75,000$ -$ 23,274$ 150,001$ 75,000$ 18,985$ 8,227$ 31,000$ 270,000$ 18,985$ 8,227$ 31,000$ 270,000$ 17,947,234$ 16,916,505$ 34,218,529$ 32,761,000$ (3,703,939)$ (389,345)$ 1,635,833$ 3,802,700$ 697 - ADMIN OVERHEAD (375,000)$ SubCategory 699 - OTHER 1,180,164$ Total Category: 65 - OPERATING COSTS:5,998,203$ Category: 70 - CAPITAL IMPROVEMENTS 700 - EQUIPMENT 32,501$ 703 - FURNITURE 6,466$ 705 - VEHICLE 213,466$ 710 - STRUCTURE -$ Total Category: 70 - CAPITAL IMPROVEMENTS:252,433$ Category: 77 - CONTINGENCY Total Expense:17,678,670$ Total Fund: 100 - GENERAL FUND:308,456$ 770 - CONTINGENCY -$ Total Category: 77 - CONTINGENCY:-$ Category: 90 - TRANSFERS 900 - Transfers 5,528$ Total Category: 90 - TRANSFERS:5,528$ 71 Item 5. FY 2021 Estimated Results 3,500$ 1,946$ -$ 2,000$ 3,500$ 1,946$ -$ 2,000$ -$ -$ 6,300$ 6,000$ -$ -$ 6,300$ 6,000$ 24,678$ 7,093$ 37,500$ 30,000$ 24,678$ 7,093$ 37,500$ 30,000$ 4,447,838$ 5,100,143$ 10,849,000$ 10,900,000$ Revenues tracking at or above budget 4,447,838$ 5,100,143$ 10,849,000$ 10,900,000$ 635$ -$ -$ 831$ -$ -$ 1,466$ -$ -$ (100,000)$ -$ -$ (100,000)$ -$ -$ 4,377,482$ 5,109,181$ 10,892,800$ 10,938,000$ 237,900$ 646,794$ 1,340,577$ 1,190,000$ 94,836$ 209,119$ 501,401$ 387,000$ 4,448$ 9,932$ 17,572$ 17,000$ 337,184$ 865,846$ 1,859,549$ 1,594,000$ Personnel costs tracking below budget 439,683$ 502,965$ 827,821$ 880,000$ tracking above budget 110,134$ 131,353$ 291,216$ 270,000$ 4,783$ 21,157$ 31,980$ 35,000$ 18,106$ 23,539$ 60,695$ 58,000$ 660 - FLEET COSTS 17,102$ 670 - REPAIRS AND MAINTENANCE 38,412$ Total Category: 90 - TRANSFERS:-$ 650 - UTILITIES 478,275$ 655 - ADMINISTRATIVE 91,840$ 600 - SALARIES AND WAGES 653,705$ 610 - BENEFITS 215,238$ 615 - OTHER 10,957$ Total Category: 60 - PERSONNEL SERVICES:879,900$ Category: 65 - OPERATING COSTS Total Revenue:5,044,260$ Expense Category: 60 - PERSONNEL SERVICES Total Category: 56 - PROPRIETARY REVENUES:5,010,337$ Category: 58 - OTHER FINANCING SOURCES 595 - Sale of Assets -$ 599 - Other 780$ Total Category: 58 - OTHER FINANCING SOURCES:780$ Category: 90 - TRANSFERS 900 - Transfers -$ Total Category: 53 - COST RECOVERY:6,236$ Category: 54 - MISCELLANEOUS REVENUES 560 - Investment Earnings 26,907$ Total Category: 54 - MISCELLANEOUS REVENUES:26,907$ Category: 56 - PROPRIETARY REVENUES 570 - WasteWater 5,010,337$ Fund: 700 - WASTEWATER FUND Revenue Category: 50 - FINES AND FORFEITURES 557 - Other -$ Total Category: 50 - FINES AND FORFEITURES:-$ Category: 53 - COST RECOVERY 565 - Other Income 6,236$ FY 2021 Waste Water Fund - through January 2021 City of Beaumont, CA 2018-2019 YTD Activity Through Per 2019-2020 YTD Activity Through Per 2020-2021 YTD Activity Through Per FY 2021 Budget SubCategory 72 Item 5. 133,577$ 208,709$ 379,610$ 377,000$ 795,490$ 454,136$ 1,062,563$ 985,000$ tracking below budget 306,000$ -$ -$ 11,721$ 43,570$ 480,137$ 385,000$ 1,819,495$ 1,385,428$ 3,134,022$ 2,990,000$ Savings expected in operating costs 1,832$ 24,319$ 153,638$ 145,000$ -$ -$ 103,804$ 100,000$ 1,832$ 24,319$ 257,442$ 245,000$ -$ 3,334,344$ 5,641,787$ 5,641,787$ -$ 3,334,344$ 5,641,787$ 5,641,787$ 2,158,510$ 5,609,937$ 10,892,800$ 10,470,787$ 2,218,972$ (500,756)$ -$ 467,213$ Assessment: The Waste Water Fund is trending to have a surplus between $400K and $500K. This is due in large part to expenditures (personnel and operating) tracking lower than budget. Total Category: 90 - TRANSFERS:3,013,215$ Total Expense:5,390,011$ Total Fund: 700 - WASTEWATER FUND:(345,752)$ Category: 70 - CAPITAL IMPROVEMENTS 700 - EQUIPMENT -$ 750 - OTHER -$ Total Category: 70 - CAPITAL IMPROVEMENTS:-$ Category: 90 - TRANSFERS 900 - Transfers 3,013,215$ 699 - OTHER 91,003$ Total Category: 65 - OPERATING COSTS:1,496,897$ 675 - SUPPLIES 98,447$ 690 - CONTRACTUAL SERVICES 356,817$ 697 - ADMIN OVERHEAD 325,000$ 73 Item 5. Staff Report TO: City Council FROM: Kristine Day, Assistant City Manager DATE March 2, 2021 SUBJECT: Public Hearing Continued to March 16, 2021, Regarding Revisions to the Approved City Prior Year Capital Improvement Project Plan and the Fiscal Year 2021 – 2025 Capital Improvement Project Plans Background and Analysis: City staff anticipated that proposed amendments would be ready for City Council consideration at this meeting and published a legal advertisement on February 20, 2021, to notice a public hearing to be held on March 2, 2021, to discuss revisions to the approved prior year capital improvement project plan (CIP) and the Fiscal Year 2021 – 2025 CIP. There remains some outstanding project accounting work to complete and City staff is requesting that this public hearing be opened to allow for any comments and to be continued to March 16, 2021. Fiscal Impact: Legal publication and staff time costs is estimated to be $335. Recommended Action: Open the public hearing and continue to the City Council Meeting of March 16, 2021. 74 Item 6. Staff Report TO: City Council FROM: Edgar Trenado, IT Manager DATE March 2, 2021 SUBJECT: Authorize a Contract with Nth Generations in the Amount of $179,897.12 for a Disaster Recovery and Backup Solution to Include Implementation and a 5-Year Support Service Background and Analysis: The City’s Information Technology (I.T.) Department issued a request for proposals (RFP) from qualified vendors through PublicPurchase.com for a robust backup and disaster recovery solution. PublicPurchase.com is an online portal for public projects that is viewable by contractors and consultants throughout the country. The existing backup system is no longer adequate to meet the growing technological needs of the organization and is in need of replacement. The goal is to create a reliable disaster recovery plan by implementing a 30TB local backup appliance at City Hall and the Police Department, with cloud storage replication that incorporates the following solutions: 1. Backup schedule to meet retention mandates, 2. CJIS compliance for backup at Police Department, 3. Immutable backup for ransomware mitigation and business continuity, and 4. Cloud storage to provide National Institute of Standards in Technology compliance, and a full disaster recovery options for emergency incidents. 75 Item 7. The proposal was viewed by 32 companies throughout the country and six responded. One RFP was disqualified, and the five qualified proposals were: Vendor Pricing Options Support Total HelixStorm $246,288.56 $246,600.00 5yr $492,888.56 ITSAVVY $184,288.56 5yr $184,288.56 ConvergeOne $203,459.57 5yr $203,459.57 Nth Generation Computing, Inc. $162,017.12 $17,600.00 5yr $179,617.12 NEXTX Information Systems Inc. $139,219.58 $202,290.90 3yr/2yr $341,510.48 Image Source $345,170.04 $141,750.00 5yr $486,920.04 Nth Generation Computing, Inc. (Nth), was selected as the preferred vendor. Their proposal includes a 5-year support service on all hardware and software provided. Fiscal Impact: The fiscal impact to the General Fund with the proposed solution is $179,897.12 which is a current line item in the adopted budget FY 20/21. Recommended Action: Authorize the City Manager to execute a contract with Nth Generation, Computing, Inc., in the amount of $179,897.12 for a disaster recovery and backup solution to include implementation and a 5-year support service. Attachments: A. Professional Services Contract B. Proposal 76 Item 7. 1 AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTORError! Bookmark not defined. THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 2 day of March, 2021, by and between the CITY OF BEAUMONT (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and Nth Generation Computing, Inc. whose address is 17055 Camino San Bernardo, San Diego, CA 92127 (“CONTRACTOR”). RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. CITY desires to engage CONTRACTOR to provide Back Up and Disaster Recovery Solution; and B. CONTRACTOR has made a proposal (“Proposal”) to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit “A”; and C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year unless extended by the parties with the approval of the City Council of the CITY. 2. Services to be Performed. CONTRACTOR agrees to provide the services (“Services”) as follows: Back Up and Disaster Recovery Solution per Exhibit “A” and any other services which the City may request in writing. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates as CONTRACTOR’S professional responsible for overseeing the Services provided by CONTRACTOR. 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY. 4. Compensation. 77 Item 7. 2 4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed $183,529.10. 4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing. 4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY’s: a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule; b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct; c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment. 4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion. 5. Obligations of CONTRACTOR. 5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect. 5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement. 78 Item 7. 3 5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports. 5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR’s failure to comply with this provision. 5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations. 5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR’s employees are eligible to work in the United States. 5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPers retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY’s advance written approval. 5.09 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug- free workplace. 5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder. 6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA. Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and 79 Item 7. 4 agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. CONTRACTOR shall provide the following types and amounts of insurance: 6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6. 6.02 Business Auto Coverage in an amount no less than $1 million per accident. If CONTRACTOR or CONTRACTOR’s employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person. 6.03 Workers’ Compensation coverage for any of CONTRACTOR’s employees that will be providing any Services hereunder. CONTRACTOR will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any workers’ compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents. 6.04 Optional Insurance Coverage. Choose and check one: Required _X_ /Not Required ___; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY. 7. General Conditions pertaining to Insurance Coverage 7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise. 7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A:VII”). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY. 80 Item 7. 5 7.04 Self-insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY. 7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY’s protection without CITY’s prior written consent. 7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. 8. Indemnification. 8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein. a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR’s obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR’s agents and/or employees) is alleged to be an employee of CITY. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY. b. Without affecting the rights of CITY under any provision of this 81 Item 7. 6 Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 9. Additional Services, Changes and Deletions. 9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services. CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing. 9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council. 10. Termination of Agreement. 10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to CONTRACTOR. 10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY. 11. Status of CONTRACTOR. 11.01 CONTRACTOR shall perform the Services in CONTRACTOR’s own way as an independent contractor, and in pursuit of CONTRACTOR’s independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY’s City Manager as provided for in this Agreement. 11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY’s employees, including disability or unemployment insurance, workers’ compensation, retirement, CalPers, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers’ compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors. 11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this 82 Item 7. 7 Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 12. Ownership of Documents; Audit. 12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in conn ection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY’s sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY. 12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY. 12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accou nting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY’s agents for examination all of such records and shall permit CITY’s agents to audit, examine and reproduce such records. 13. Miscellaneous Provisions. 13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 83 Item 7. 8 13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY’s conflict of interest policy. 13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled. 13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. 13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor. 13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflict s of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the C ITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement. 13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or an y CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR. 13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect. 84 Item 7. 9 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above-written. CITY: CITY OF BEAUMONT By: ________________________________ Todd Parton, City Manager CONTRACTOR: ________________________________ By: ______________________________ Print Name: _______________________ Title: _____________________________ 85 Item 7. EXHIBIT “A” PROPOSAL (insert behind this page) 86 Item 7. EXHIBIT “B” CERTIFICATES OF INSURANCE AND ENDORSEMENTS A (insert behind this page) 87 Item 7. Nth Generation Computing, Inc.’s Response to DATA BACKUP AND RECOVERY SOLUTION Request for Proposal (RFP) for: City of Beaumont Submittal Deadline: 2/19/2021 @ 10:00am 88 Item 7. 2 Table of Contents Cover Letter .................................................................................................................................................. 3 1. Company Information .......................................................................................................................... 4 2. Vendor References ............................................................................................................................... 5 3. Product Requirements ......................................................................................................................... 5 4. Rubrik Installation Service and Maintenance ..................................................................................... 9 5. Disaster Recovery ............................................................................................................................... 10 6. Project Plan ......................................................................................................................................... 10 7. Pricing ................................................................................................................................................. 11 8. Features Table .................................................................................................................................... 13 Confidentiality Notice This Nth Generation Proposal and all associated documents and attachments contained and included herewith, includes proprietary and confidential data that shall not be disclosed outside of Client Companies and Nth Generation Computing, Inc. and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this proposal. This restriction does not limit any right to use information contained in this proposal if it is obtained from another source without restriction. 89 Item 7. 3 Cover Letter February 19, 2021 Attention: City of Beaumont Edgar Trenado Information Technology Manager etrenado@beaumontca.gov RE: Nth Generation Computing, Inc.’s Proposal to City of Beaumont RFP for Back Up and Disaster Recovery Solution Dear Mr. Trenado, Nth Generation Computing, Inc. (“Nth”) is pleased to present herein our proposal in response to City of Beaumont’s (“City” or “Client”) RFP for Back Up and Disaster Recovery Solution. Nth is proposing a Rubrik solution to meet the City’s needs. The Rubrik CDM software solution that Nth is proposing is an all-inclusive converged package requiring no additional footprint such as master and media servers, proxy servers, a reporting server, etc. outside of the on-premise Rubrik clusters. The included Features Table in section 8 details how our solution provides the City’s desired features and functionality. The required information for both Nth and Rubrik is provided herein. Thank you in advance for your anticipated professional courtesy and consideration. Should you have any questions or concerns, please do not hesitate to contact me. Sincerely, Joyce Russell Katherine Hayes Joyce Russell Katherine Hayes EVP/CFO Enterprise Account Manager Nth Generation Computing, Inc. Nth Generation Computing, Inc. 17055 Camino San Bernardo 17055 Camino San Bernardo San Diego, CA 92127 San Diego, CA 92127 858-451-2383 858-451-2383 888-674-4684 (fax) 888-674-4684 (fax) joyce.russell@nth.com katherine.hayes@nth.com 90 Item 7. 4 1. Company Information 1.1 Company Name: Nth Generation Computing, Inc. (Partner/Manufacturer: Rubrik, Inc.) 1.2 Company address: Nth: 17055 Camino San Bernardo, San Diego, CA 92127 Rubrik, Inc.: US Headquarters: 1001 Page Mill Road, Bldg 2 Palo Alto, CA 1.3 Company phone number: Nth: 858-451-2383 Rubrik, Inc.: Telephone: 1-844-4RUBRIK 1.4 How long has your company or division been providing on-premises and cloud backup and recovery solutions? Rubrik has been providing on-premises and cloud backup and recovery solutions since 2014. 1.5 Do you install the equipment or use subcontractors? Nth’s partner, Rubrik, will install the equipment and employs their own professional services delivery teams. 1.6 Do you install the equipment or use subcontractors? Nth’s partner, Rubrik, has hardware on-hand and usually ships to customers sites within 10 business days. 1.7 How many employees do you have? Nth employs approximately 70 employees and Rubrik employs 1,600 employees. 1.8 How many Microsoft, Fortinet, HP, and Cisco certified engineers do you have and what level? Nth holds the HPE Platinum Service One/Service Now partnership and associated certifications for engineering and sales. Due to our partnership level and certifications Nth is able to deliver services on behalf of HPE. Rubrik has expertise with Rubrik platform and integrating into Microsoft on-premises applications and Azure/M365. Rubrik networking is very straightforward and easy to configure and have a well-documented port guide for access applications both on-premises and cloud. Rubrik also produces a quarterly security hardening guide to keep up with the latest cyber- security threats. 1.9 How many Microsoft, Fortinet, HP, and Cisco certified engineers do you have and what level? Rubrik will follow the city’s COVID recommendations. Rubrik can be on-site if request or can perform all installation/configuration functions remotely. 91 Item 7. 5 2. Vendor References Customer Organization Reference Contact City of Manhattan Beach Phat (pronounced Pat) Tran 310-802-558 1400 Highland Ave Manhattan Beach, CA 90266 Monterey County Office of Education Francisco Garcia 831-755-0323 901 Blanco Cir Salinas, CA 93901 Yuba County Joseph Oates 530-749-5626 915 8th St Marysville, CA 95901 City of Chandler Andy Sandoval 480-748-5463 215 E. Buffalo St, Chandler, AZ 85225 Maricopa County Sheriff’s Office Robert Brooks 480-280-0860 550 W Jackson St, Phoenix, AZ 85003 3. Product Requirements 3.1 Rubrik Product Proposal for City of Beaumont 3.1.1 Product description 3.1.1.1 Rubrik R6404 (2) appliance with 30TB of usable capacity 3.1.1.2 3 years of hardware & software support (8am – 8pm M-F) 3.1.1.3 Rubrik Cloud Data Management (RCDM) for the data center (Rubrik’s turnkey appliances) – Core software (unlimited on-prem applications integration and replication) with one of the industries only built-in data immutability, cannot be turned off or compromised by ransomware 3.1.1.4 Rubrik CloudOut (long-term archiving) 3.1.1.5 Rubrik Continuous Data Protection (Built in near-zero data loss technology for critical tier 0/1 VMWare workloads at no additional cost) 3.1.1.6 Rubrik GPS – Central management for all Rubrik workloads 3.1.1.7 Rubrik Office 365 Backup – Subscription for M365 application protection 92 Item 7. 6 3.1.1.8 Rubrik Polaris Radar – Analyze backup data to find anomalies to pinpoint files that have been affected by ransomware and have a precise remediation 3.1.1.9 Cloud native instances – 100 instances can be protected for AWS EC2, Azure, or GCP cloud workloads 3.1.2 Describe Rubrik’s Solution for this Proposal High level design overview with on-premises and cloud data flow 3.1.3 Desired Features spreadsheet included with the packet. Digital copy is on thumb drive 3.1.4 IT Network Requirements 3.1.4.1 Node port breakdown. Bond0 will be default data/management data flow. IPMI is 1GB for hardware troubleshooting 93 Item 7. 7 3.1.4.2 Cabling diagram 3.1.4.3 Rack Diagram. Each Rubrik appliance is 2U, weight 86lbs, Max Power Consumption 1023 Watts, and 3490 BTU/hour 94 Item 7. 8 95 Item 7. 9 4. Rubrik Installation Service and Maintenance 4.1 Rubrik Project Timeline 4.2 As part of Rubrik’s professional services deployment, the sales team and professional services team will collect all environmental information, physical power and network, as well as new cluster names, DNS, gateway, assigned IP addresses for the cluster and application info to make the deployment of the solution go a smooth as possible on date of installation 4.3 Please see our End User License Agreement at this link: https://www.rubrik.com/wp- content/uploads/2018/06/Rubrik-EULA.pdf 4.4 Please see our Support Services Policy at this link: https://www.rubrik.com/wp- content/uploads/2018/03/Rubrik-Support-Services-Policy.pdf 4.5 Rubrik upgrades are performed by customer support. Simply open a case and support will take care of the rest and coordination 4.6 All technical issues will be handled by customer support. You can either open a case online or via email. 4.7 As a part of post installation services, Nth will add Cloud (City’s existing AWS or Azure) as a target for backups. Add the City’s existing public cloud (AWS or Azure) target into the backup software as a defined “library” with the proper creds and secret keys. Add the library as a target to an existing backup repository or storage policy with retention parameters. Using a new or existing policy, run some test backups and make sure the backup job data gets copied to the cloud library with validation. Attempt to restore sample data from the cloud library to ensure it works both ways and make any final changes needed for customer policies. Any scope in addition to the initial setup and configuration or any additional licenses or subscriptions are not included and will require a scoping discussion and involve Nth’s Change Control process. 96 Item 7. 10 5. Disaster Recovery 5.1 Malfunctioning equipment (failover) – Rubrik operates in a scale-out cluster model with erasure coding. Each of our solutions have four nodes for built-in non-disruptive failover scenarios 5.2 Loss of one site – Rubrik will be able to provide live mount capability for your applications to run directly off Rubrik storage to secondary VMWare environment. This will provide the city the ability to get services back online very quickly 5.3 Ransomware – Rubrik’s filesystem is natively immune to ransomware. It is a write-once read many append only file system so if the city is hit with Ransomware, the city will be able to recover from your last backup taken. Rubrik is also going to provide the city with our advanced anomaly detection, not only to have immutable backups, but to pinpoint exactly which files or machines were affected by Ransomware to further reduce any downtime but preserve good data in the environment 5.4 Loss of power – Rubrik appliances have dual power supplies and recommend splitting power between two different PDU’s and circuits 5.5 Loss of access to the building – Rubrik has capabilities to be managed by any web browser that has access to the network it is residing on. City IT can VPN and have access to Rubrik UI 5.6 Destruction of data – Rubrik provides a destruction process for equipment that is traded in or swapped out by support 6. Project Plan 6.1 Rubrik Project Time 97 Item 7. 11 6.2 Based on RFP timeframe and key dates, equipment should be built and shipped to city’s site on 3/18/2021. There will be a project pre-planning session with the sales team, professional services (PM and Install Engineer), and City IT to discuss all the necessary information needed to bootstrap and configure the Rubrik appliances 6.3 Knowledge transfer and documentation will be provided during the installation from the install engineer 6.4 Install engineer will provide all testing and acceptance from City IT and will send out daily updates with completed and outstanding items 6.5 On-site post support assistance will be provided for hardware related issues. All software post support issues will be handled by our central customer service time with 24x7x365 support. 6.6 Wasabi will connect Rubrik to cloud repository. 7. Pricing 7.1 One time cost for hardware, installation, and configuration services 7.2 One time cost for software and training 7.3 Ongoing cost, including a list of all licenses, annual maintenance costs and ongoing support 7.4 Hourly rates for out of contract work 7.5 Any other fees 7.6 Provide 5-year pricing for support on all equipment and licensing 7.7 Include part and model numbers for all proposed equipment 7.8 All cost associated with responding to this RFP are the sole responsibility of the responding vendor. Please see Nth’s solution pricing in the table below: Part # Qty Description Price (per unit) Extended Price Rubrik Backup & DR Solution 5 Years RBK-R6404S- HW-01 2 r6404s Appliance, 4-node, 48TB raw HDD, 1.6TB SSD, SFP+ NIC $14,218.07 $28,436.14 RBK-CMPLT- R6404 2 One (1) month of Rubrik Complete Edition for r6404, incl. RCDM, Polaris GPS, CloudOut, 100 instances/VMs of cloud native protection and Basic Support, subscription prepay, limit 1 per customer, M-F 8am- 8pm support $46,702.00 $93,404.00 RBK-SVC-BASIC- HW 2 60 Months Basic Support for hardware, prepay, M-F 8am-8pm support $7,928.00 $15,856.00 RBK-F3M-CBL- 01 2 Fiber Optic OM3 LC/LC Cable, 3M, pack of 4 $241.00 $482.00 RBK-SFP-TSR-01 4 10G/1G Dual Rate SFP+ Transceiver, pack of 4 $1,661.00 $6,644.00 98 Item 7. 12 RBK-SVC- CMPLT-RMOT 1 Rubrik Remote Consulting for Complete edition, must be used within 6 months of purchase, prepay $1,445.00 $1,445.00 RBK-POL-RADAR 30 One (1) month of Polaris Radar, incl. Premium Support, per FETB per month, subscription prepay $574.19 $17,225.90 Wasabi Cloud 5 Years RCS-45TB-5Y 1 Reserved Capacity Storage 45TB 5Years $16,157.00 $16,157.00 WS-PS 1 Wasabi Premium Support $1,123.00 $1,123.00 Sub total $180,773.04 Taxes $2,756.06 Solution Total $183,529.10 Resource Pricing (out of contract work) For additional services outside of this project scope, Nth charges daily resource costs for custom development, on-site implementation or engineering support and training as follows: On-site implementation engineer (Rubrik Skill Set)*: $350.00 per hour, minimum 1 day (8 hours) *Project Manager is included for the duration of On-site implementation. For Rubrik add-on support programs, you can download the document at this link: https://www.rubrik.com/wp-content/uploads/2018/03/DATA-SHEET-Rubrik-Proactive-Add-On-Support- Program.pdf 99 Item 7. 13 8. Features Table Desired Feature Nth/Rubrik Response Maintain an in-house backup solution, hardware, and software, for general operations (disk-to-disk) Rubrik CDM software is an all-inclusive converged package requiring no additional footprint such as master and media servers, proxy servers, a reporting server, etc. outside of the on-premise Rubrik clusters. Utilize a hosted environment for remote backup, backup replication/archiving, and extended retention schedules. (disk-to-cloud) Rubrik has a very simple methodology of integrating with cloud providers to enable remote backup and backup replication/archiving to meet your extended retention schedules. Rubrik is cloud agnostic and can tie in with all the major cloud providers including on-premise NFS or Object storage if the city wants to keep sensitive data on-premise Ability to access the hosted environment backups in the event of an infrastructure collapse to mimic virtualized datacenter environment for DR purposes Rubrik has technology called CloudOn to convert on-premise VMs to either AWS EC2 instances or Azure VHD instances for cloud DR or migration services. For this RFP, we are proposing Wasabi as the Cloud provider of choice. Features and Functionality Nth/Rubrik Response Easy/intuitive secure interface and management Rubrik's HTML5 web UI is very intuitive to learn and use. Most of our customers learning curves are less than a week. Rubrik also provides a robust REST API library to help City IT automate repetitive restore operations, for example, refreshing test/dev servers after the backups complete with no human interaction Easy to manage - backups, restores, policies, archiving, etc. Rubrik has many customer success stories where organizations were spending a lot of time managing legacy backup products but was able to cut that time significantly down and focus on other projects that drove the business 100 Item 7. 14 Reporting on backup errors or anomalies (e.g., High change rates) Rubrik has built a SaaS solution (no additional on-premise infrastructure needed) that is AI-ML driven to analyze backup data to find anomalies like high change rates and high levels of encryption from backup to backup. This will alert City IT and a detailed analysis will be provided on what files were affected. This solution won best security product at VMWorld and Rubrik is not a security company Default auto protect of new VMs Rubrik can apply our SLA domain at different level of your VMware architecture, Cluster/Host, folder, or VM level. If SLA domain is set a Cluster/host or folder level, any new VM associated at those levels will automatically inherit the SLA domain and be auto protected Must be capable of VM level backups and restores of whole VMs This feature is one of the many VM restore options within Rubrik Must be capable of native database level SQL backups and restores Rubrik supports native SQL backup and restores and also provides live mount option to spin database instances off of the Rubrik appliance to SQL servers for test/dev functions or for critical situations Fast recovery times Rubrik has won many awards for our backup and recovery speeds. With our latest software release we add another 5x performance boost for VMWare and 2x performance boost for SQL 'Instant' restore - spin up a VM on the backup system to quickly get it back running while it is being live migrated back to the production system Rubrik's "instant" restore functionality is called live mount. Rubrik supports this for VMWare, SQL, and Oracle. Rubrik presents data directly from Rubrik appliance to the application via secure NFS or CIFS and automatically mounts to the application. Once a VM is live mounted off Rubrik City IT can vMotion back to production SAN Intraday snapshots Yes, this is supported within Rubrik SLA domain. Rubrik also has built-in continuous data protection so you can have near-zero data loss up to 4 hours on your critical VMWare servers Out of the box reporting for auditing, capacity planning, and forecasting Rubrik has many built-in reports for auditing, capacity, and forecasting. Also, as part of the call home feature, your sales engineer will have access to your cluster 101 Item 7. 15 statistics and analytics for capacity and forecast trending Capable of fine granularity (file level, point in time, etc.) Rubrik can restore down to the file level at any point that a backup was perform. Files can easily be searched and sorted from latest copy to oldest The system must provide logs of backup/restore activity Rubrik logs all activities done by all users. Rubrik has Active Directory and Multifactor authentication ability as well as role-based access for tighter controls in Rubrik. Able to spin up a VM quickly and easily from a backup copy in isolation to retrieve data, test a patch Rubrik's City IT would VM live mount. Rubrik presents data directly from Rubrik appliance to the application via secure NFS and automatically mounts to the vCenter with the option to disable network interface. Once a VM is live mounted City IT can test patches or updates against the newly created VM. Once the testing/patching is completed, dismount from Rubrik and the VM will be cleaned from vCenter Ability to quickly restore a deleted file/folder or restore an older version of a file Rubrik's robust search engine can search entire backup data and quickly locate file/folders that need to be restored. The search goes against all backups on-premise and cloud storage Ability to quickly restore a virtual server Rubrik has many quick restore options for VMWare, live mounting, live mounting drives only, and instant restore (running production VM on Rubrik storage) Ability to restore a physical server to a replacement physical server or Capacity to support existing storage size and easily scale to increase capacity in a cost- effective manner without substantially increasing the backup window Rubrik does support BMR with matching processor families Ability to recover from Ransomware Rubrik's Atlas filesystem in natively immutable to ransomware. Rubrik has several customer success stories where they were hit by ransomware and were able to recover all their data from Rubrik and avoid paying any ransom Ability to backup machines with different operating systems (Current environment is Windows only) Rubrik supports all currently supported Windows Server operating systems. If City IT has older Windows versions, we can still 102 Item 7. 16 backup at the VM level and perform restores Restore files/folders based on search criteria (file/folder names, location, and attributes) across multiple backup copies. Geodiversity of replication hardware Rubrik's robust search engine can search entire backup data and quickly locate file/folders that need to be restored. The search goes against all backups on-premise and cloud storage Restore entire VM Hosts to bare-metal This feature is one of the many VM restore options within Rubrik Restore VMs as new VM not original This feature is one of the many VM restore options within Rubrik Provide continued functionality in the event of a power loss from outside the network Rubrik will continue to function if on UPS and has network access to hosts it is protecting Provide continued functionality in the event of a disaster that limits access to the building for a short or extended time Rubrik will continue to function if on UPS and has network access to hosts it is protecting. If outgoing internet connection is down archiving will be queued until the link is back online Flexible, Hardware-Agnostic replication Rubrik can replicate to another Rubrik appliance or Rubrik software and agnostic to any archive location Electronic transmission of city data must be encrypted Rubrik provides in-flight and at-rest encryption for all data that is being protected Service Level Agreement specifying Recovery Time Objectives and Recovery Point Objective and Ability to support long term data archival to Rubrik's SLA domain engine simplifies backup policies by simply telling it how often to take the backup, for how long to keep it, and where to store the data (either local appliance or cloud storage) Third party local storage Rubrik would configure your local third- party storage as an archive target to Rubrik then we can configure our simple and power SLA domain engine to direct long- term data to move at a specific age in the lifecycle Proprietary cloud - native to the platform and support granular file level recovery (to minimize cloud read and egress costs) or Third-party cloud (Example: AWS and Azure) Rubrik would assist to configure your cloud storage bucket as an archive target to Rubrik then we can configure our simple and power SLA domain engine to direct long-term data to move at a specific age in the lifecycle. We support tiering within cloud tiers or you can directly archive to cold storage reducing your cloud spend. Rubrik also sends compressed/dedupe data 103 Item 7. 17 so there is no need to rehydrate the data just to get it to the cloud System Solution Nth/Rubrik Response Detailed documentation of required steps for proper backup and recovery This documentation will be provided by install engineer as the environment is being installed, configured, and tested Ability to meet HIPAA (Health Insurance Portability and Accountability Act) Rubrik meets HIPAA standards and has many healthcare customers and data leveraging the Rubrik solution Ability to meet CJIS (Criminal Justice Information Services) requirements Rubrik meets CJIS standards and has many law enforcement customers and data leveraging the Rubrik solution. Rubrik can provide compliancy statement if needed Ability to meet CIS (Center for Internet Security) standards Rubrik uses the CIS benchmarks inputs for what we define for hardening standards and good practices at Rubrik Follow NIST (National Institute of Standards in Technology) Rubrik has directly obtained the NIST validated cryptographic module certificate (https://csrc.nist.gov/Projects/Cryptographi c-Module-Validation- Program/Certificate/2658) Ability to perform searches on archived files in the event of a legal requirement Every file that is protected with Rubrik is searchable with our global search features no matter if the data lives on-premise on Rubrik appliance or archived into cloud storage. Also, specific backups and be placed on legal hold if necessary System Requirements Nth/Rubrik Response Retaining backup - the City requires the following: ~ Once per 4 hours, retain for 2 days This retention can be easily achieved with Rubrik SLA domain ~ Once per day, retain for 30 days This retention can be easily achieved with Rubrik SLA domain ~ Once per month, retain for 12 months This retention can be easily achieved with Rubrik SLA domain ~ Once per year, retain for 5 years This retention can be easily achieved with Rubrik SLA domain 104 Item 7. 18 *The more granular the backups can be kept with little storage impact, the better. There is very little storage impact for having more restore points **“Infinite Cloud” advertised by some vendors is strongly preferred. Rubrik maintains storage efficiencies in cloud storage to keep data storage cost to a minimum Ability to do automated restore testing including service start verification of VMs This can be achieved through Rubrik REST API automation. We have several customers leveraging this functionality to automate testing daily backups Separate backup definitions and retention schedules for different VMs/Machines This would be achieved creating two or more SLA domains and assigned to different folders/VMs Must do backups with minimal performance impact to the production servers and to the network during normal business hours 6am – 6pm M-F Rubrik performs a first time and incremental forever backup going forward so all additional backups are very efficient and minimal performance impact The solution must provide its own local storage hardware for primary backup Rubrik appliance comes with its own local immutable storage, compute, and networking that can easily scale-out Ability to export backups to external drives Yes, as long as server is registered to Rubrik and has valid drive letter Must have an effective method to restore from local/cloud storage when the backup appliance is not available (Example: Backup appliance gets destroyed in a fire) Rubrik can recover from a replicated appliance or mount cloud backups from replacement appliance or virtual instance to recover data 105 Item 7. Ensuring CJIS Security Policy Compliance with Wasabi 106 Item 7. ©2020 Wasabi Technologies Inc.2 Table of Contents Executive Overview 3 Introduction – CJIS Security Policy Overview 4 CJIS Security Policy Data Privacy and Security Implications 4 Wasabi Hot Storage Overview 4 Ensuring CJIS Security Policy Compliance with Wasabi Hot Storage 5 Physical Security 5 Secure Network Architecture 5 Data Privacy and Security 5 Data Durability and Protection 6 Customer Responsibilities 6 CJIS Security Addendums 6 Conclusion 6 Additional Information 7 About Wasabi 8 CJIS Security Policy Compliance. 107 Item 7. ©2020 Wasabi Technologies Inc.3 Executive Overview Wasabi is an affordable and fast cloud storage service. Law enforcement agencies can use Wasabi for a variety of purposes including primary storage, secondary storage for backup or disaster recovery, and cold storage for data archival. Wasabi is ideal for maintaining and storing a wide variety of law enforcement application data and digital content including criminal justice information (CJI). The U.S. Criminal Justice Information Services (CJIS) Security Policy has established minimum security requirements and controls to protect criminal justice information such as biometric data, digital evidence and electronic criminal records. The Federal Government does not provide a formal CJIS Security Policy assessment or certification process. Instead, individual law enforcement agencies are responsible for ensuring their IT systems and practices comply with the Security Policy. Law enforcement agencies can use Wasabi to store and maintain CJI in accordance with the CJIS Security Policy statute. Wasabi uses security best practices and technologies to ensure the physical security of its facilities and to maintain the privacy, security and integrity of electronic data and digital records. In addition, following a thorough audit, the Wasabi service was awarded the official CJIS ACE Compliance Seal by Diverse Computing, a trusted third-party law enforcement agency solution provider with deep CJIS audit and compliance expertise. This white paper provides an overview of the Criminal Justice Information Services Security Policy and explains how Wasabi helps law enforcement agencies comply with CJIS guidelines for safeguarding the privacy of criminal justice information. CJIS Security Policy Compliance. 108 Item 7. ©2020 Wasabi Technologies Inc.4 Introduction – CJIS Security Policy Overview The Criminal Justice Information Services Division of the FBI gives federal, state and local law enforcement and criminal justice agencies controlled access to a wide range of criminal justice information such as digital fingerprint records, arrest and stolen property reports, criminal records, and digital evidence such as dashboard and body-worn camera video. A wide variety of agencies, external organizations and individuals may need to access CJI. To that end, the CJIS has established a Security Policy defining the minimum set of security controls required for interacting with CJI. The CJIS Security Policy applies to every individual— contractor, private entity, non-criminal justice agency representative, or member of a criminal justice entity—with access to, or who administers criminal justice services and information including private contractors such as cloud service providers. All private contractors who process CJI must sign the CJIS Security Addendum, a uniform agreement that ensures the contractor’s IT systems and practices are consistent with the CJIS Security Policy. While the CJIS provides uniform information security requirements, guidelines, and agreements, the Security Policy is left to the individual states and local jurisdictions to interpret. Specific administrative, technical and contractual requirements vary from state to state, and from locality to locality. CJIS Security Policy Data Privacy and Security Implications The CJIS Security Policy specifies 13 Policy Areas for safeguarding CJI, including provisions for maintaining data security and privacy. Law enforcement agencies must ensure digital information, electronic records, and personally identifiable information (PII) are not deleted improperly, corrupted, tampered with, or disclosed to unauthorized individuals. Agencies must put strong security systems and practices in place to protect access to confidential data and to safeguard the integrity of electronic records throughout their lifecycle. The rules apply to data and records maintained on-premises, in a hosted facility (colocation center), or in the cloud. The CJIS does not offer a formal Security Policy accreditation process. The onus is on the individual agency to ensure its IT systems and practices comply with state and local CJIS data privacy and security requirements. Wasabi engaged Diverse Computing, a respected third-party law enforcement agency solution provider to evaluate Wasabi’s security architecture, systems and practices for CJIS Security Policy compliance. Diverse Computing solutions are used by of 1,600 agencies across the U.S. and the company is a recognized authority in CJIS audit and compliance. After a thorough review, the company awarded Wasabi its official CJIS ACE Compliance Seal. Wasabi Hot Storage Overview Wasabi hot storage is affordable, fast and reliable cloud object storage—for any purpose. Unlike legacy cloud storage services with confusing storage tiers and complex pricing schemes, Wasabi hot storage is easy to understand and implement, and cost-effective to scale. One product, with predictable and straightforward pricing, supports virtually every cloud storage application. CJIS Security Policy Compliance. 109 Item 7. ©2020 Wasabi Technologies Inc.5 Law enforcement agencies can use Wasabi for: • Low-cost primary storage for on-premises or cloud-based applications • Economical secondary storage for backup, disaster recovery in the cloud, or data migration initiatives • Affordable and reliable archival storage for long-term data retention Wasabi hot storage is ideal for a wide variety of law enforcement agency applications including: • Electronic records storage and retention • Digital evidence preservation • Body, dashboard and surveillance camera video retention • Electronic imaging and biometric data storage Ensuring CJIS Security Policy Compliance with Wasabi Hot Storage Law enforcement agencies can use Wasabi to store and maintain CJI in accordance with CJIS security regulations. The Wasabi cloud storage service is engineered to ensure the protection, privacy and integrity of customer data. The service is built and managed according to security best practices and standards, with CJIS security guidelines in mind, and has received the CJIS ACE Compliance Seal from Diverse Computing. Wasabi takes a “defense-in-depth” approach, employing multiple layers of security to address relevant CJIS Security Policy Areas. Wasabi ensures the physical security of its data centers; institutes strong authentication and authorization controls for all its cloud compute, storage and networking infrastructure; and encrypts data at rest and in transit to safeguard CJI. Physical Security The Wasabi service is hosted in premier Tier IV data center facilities that are highly secure, fully redundant, and certified for SOC-2 and ISO 27001 compliance. Each site is staffed 24/7/365 with on-site security personnel to protect against unauthorized entry. Security cameras continuously monitor the entire facility—both indoors and outdoors. Biometric readers and two-factor or greater authentication mechanisms secure access to the building. Each facility is unmarked so as not to draw attention from the outside. Secure Network Architecture Wasabi employs advanced network security elements, including firewalls and other boundary protection devices to monitor and control communications at internal and external network borders. These border security devices segregate customers and regulate the flow of communications between networks to prevent unauthorized access to Wasabi infrastructure and services. Data Privacy and Security Wasabi supports a comprehensive set of data privacy and security capabilities to prevent unauthorized disclosure of CJI. Strong user authentication features tightly control access to stored data. Access control lists (ACLs) and administratively defined policies selectively grant read/write and administrative permissions to users, groups of users, and roles. CJIS Security Policy Compliance. 110 Item 7. ©2020 Wasabi Technologies Inc.6 Wasabi encrypts data at rest and data in transit to prevent leakage and ensure privacy. All data stored on Wasabi is encrypted by default to protect data at rest. And all communications with Wasabi are transmitted using HTTPS to protect data in transit. Data Durability and Protection Wasabi hot storage is engineered for extreme data durability and integrity. Wasabi provides eleven 9s object durability, protecting data against hardware failures and media errors. In addition, Wasabi supports an optional data immutability capability that protects data against administrative mishaps or malicious attacks. An immutable object cannot be deleted or modified by anyone—including Wasabi. Wasabi data immutability protects the integrity of CJI, mitigating the most common causes of data loss and tampering including accidental file deletions, viruses and ransomware. Customer Responsibilities Wasabi customers typically interface with the Wasabi service using third-party file management applications and backup tools. To ensure CJIS Security Policy compliance, IT personnel must ensure the storage management tools and applications they use are configured to take advantage of Wasabi security features. For example, HTTPS must be enabled to encrypt data in transit. In addition, customers must encrypt all content and data (with the exception of surveillance, bodycam and dashboard cam video) prior to uploading it to Wasabi. Additionally, Wasabi gives you the option of where you store your data, so law enforcement agencies can select a U.S.-based data center of their choosing. Law enforcement IT organizations must also ensure they have strong security systems and practices in place to safeguard other elements of their on-premises and cloud-based infrastructure. The Wasabi storage service is typically employed as part of a larger public or hybrid cloud IT implementation that includes multiple compute, storage and networking components. CJIS Security Addendums All private contractors (including cloud service providers) who process CJI must sign the CJIS Security Addendum. Wasabi will sign CJIS Security Addendums as required by state or local law. Conclusion The CJIS Security Policy introduces stringent data privacy and security requirements for law enforcement agencies. The CJIS does not provide formal Security Policy certification mechanisms, so the onus is on every law enforcement agency to ensure its IT systems and practices comply with state and local statutes. Wasabi’s cloud storage service ensures the protection, privacy, and integrity of criminal justice information, helping agencies comply with the CJIS Security Policy. Wasabi ensures the physical security of its data centers, employs strong authentication and authorization controls to safeguard infrastructure and services, and encrypts data at rest and in transit to prevent unauthorized information disclosure. Wasabi is typically used in conjunction with other compute, storage and networking platforms and services. Law enforcement agencies must implement strong security systems and practices across all on-premises and cloud-based infrastructure to fully protect CJI and comply with the CJIS Security Policy requirements. CJIS Security Policy Compliance. 111 Item 7. ©2020 Wasabi Technologies Inc.7 Additional Information For additional information about CJIS and Wasabi consult the following resources: • FBI CJIS website • CJIS Security Policy resource center CJIS Security Policy Compliance. 112 Item 7. Tel Email www.wasabi.com 1-844-WASABI-1 info@wasabi.com ©2020 Wasabi Technologies, Inc. All rights reserved. WASABI and the WASABI Logo are trademarks of Wasabi Technologies, Inc. and may not be used without permission of Wasabi Technologies, Inc. All other brand names mentioned herein are for identification purposes only and may be the trademarks of their respective holder(s). About Wasabi Wasabi provides simple, predictable and affordable hot cloud storage for businesses all over the world. It enables organizations to store and instantly access an infinite amount of data at 1/5th the price of the competition with no complex tiers or unpredictable egress fees. Trusted by customers worldwide, Wasabi has been recognized as one of technology’s fastest growing and most visionary companies. Created by Carbonite co-founders and cloud storage pioneers David Friend and Jeff Flowers, Wasabi has secured $110 million in funding to date and is a privately held company based in Boston. 113 Item 7. Staff Report TO: City Council FROM: Nicole Wheelwright, Deputy City Clerk DATE March 2, 2021 SUBJECT: Mayoral Appointment of Liaisons to Beaumont Basin Watermaster Board Background and Analysis: Per the Beaumont Municipal Code, it is the Mayor’s discretion to appoint City Council members to various boards, commissions and committees. The Beaumont Basin Watermaster (BBWM) Board was created by an adjudicated settlement whose members consist of the Beaumont Cherry Valley Water District, Yucaipa Valley Water District, City of Banning, City of Beaumont, and the South Mesa Water Company. The formation documents for the BBWM specify that the member entities will be represented by a staff member or consultant. The City of Beaumont is represented by Mr. Jeff Hart, Public Works Director. BBWM Board members are responsible for the management of water resources within the Beaumont Basin. The policy implications for each member entity are significant and it is vital that the governing bodies be adequately and fully represented. Appointing members of the Beaumont City Council as liaisons to the BBWM Board will help to ensure that the City Council’s interests are fully represented. Beaumont Basin Watermaster Board Staff Member – Jeffrey Hart, Public Works Director Council Member – Council Member – Meets on the first Wednesday of the month at 10:00 a.m. Fiscal Impact: Staff estimates the cost to prepare this staff report to be $125. 114 Item 8. Recommended Action: Mayoral appointments of City Council members as liaisons to the Beaumont Basin Watermaster Board. Attachments: A. Beaumont Basin Watermaster Adjudication 115 Item 8. 116 Item 8. 117 Item 8. 118 Item 8. 119 Item 8. 120 Item 8. 121 Item 8. 122 Item 8. 123 Item 8. 124 Item 8. 125 Item 8. 126 Item 8. 127 Item 8. 128 Item 8. 129 Item 8. 130 Item 8. 131 Item 8. 132 Item 8. 133 Item 8. 134 Item 8. 135 Item 8. 136 Item 8. 137 Item 8. 138 Item 8. 139 Item 8. 140 Item 8. 141 Item 8. 142 Item 8. 143 Item 8. 144 Item 8. 145 Item 8. 146 Item 8. 147 Item 8. 148 Item 8. 149 Item 8. 150 Item 8. (1) (2) (3) (4) Producer (acre-ft/yr) (acre-ft/yr) (acre-ft/yr) Beckman, Walt 0 0 75 Roman Catholic Bishop of San Bernardino 104 114 154 Rancho Calimesa Mobile Home Park 60 150 150 Riedman, Fred L. and Richard M. 540 550 550 Sunny-Cal Egg and Poultry Company2 1,340 1,340 1,784 California Oak Valley Golf and Resort LLC 692 950 950 Leonard Stearn 0 0 200 Oak Valley Partners 510 553 1,806 So. California Professional Golf Association 680 1,688 2,200 Sharondale Mesa Owners Association 184 200 200 Plantation on the Lake 271 300 581 Totals 4,381 5,845 8,650 Note 1 -- Maximum Reported Production during 1997-2001 Note 2 -- The Exercised Right and Project Maximum Production are an aggregate right for defendents Sunny-Cal Egg and Poultry , and Manheim, Manheim and Berman Exhibit B Overlying Owners and Their Water Rights Exercised Rights1 Average Production during 1997- 2001 Projected Maximum Production 20040128 BSU production history and Exhibits B and C -- Exhibit B for AB303 Grant App. 1/27/2004 STWMA 151 Item 8. (1) (2) (3) (4) (5) (6) Producer (acre-ft/yr) (acre-ft/yr) (acre-ft/yr) (acre-ft/yr) Banning, City of 2,170 31.43% 882 5,029 5,910 City of Beaumont 0 0.00% 0 0 0 Beaumont Cherry Valley Water District 2,936 42.51% 1,193 6,802 7,995 South Mesa Water Company 862 12.48% 350 1,996 2,346 Yucaipa Valley Water District 938 13.58% 381 2,173 2,554 Totals 6,906 100.00% 2,805 16,000 18,805 Note 1 -- Based on a 8,650 acre-ft/yr safe yield Note 2-- Controlled overdraft will not exceed 160,000 acre-ft during for first ten years of operation under the physical solution. Appropriators and Their Water Rights Exhibit C Operating YieldAverage Production during 1997-2001 Share of Safe Yield Allocated to Appropriators Initial Estimate of Appropriate Rights1 Controlled Overdraft and Supplemental Water Recharge Allocation 2 20040128 BSU production history and Exhibits B and C -- Exhibit C for AB303 Grant App. 1/27/2004 STWMA 152 Item 8. (1) (3) (4) Overlying Producer Beckman, Walt 405250004 19.04 405250005 19.00 Total Area 38.04 California Oak Valley Golf and Resort 406070041 209.71 Total Area 209.71 Manheim, Manheim & Berman2 407200009 20.35 407200011 20.00 407200012 20.04 407210001 45.41 407210002 12.04 407210004 4.16 Total Area 122.00 Roman Catholic Bishop of San Bernardino 413280016 16.78 413280030 2.06 413280036 12.42 Total Area 31.26 Oak Valley Partners 406060010 115.82 406060015 4.00 406060017 19.03 406230020 4.26 411210003 2.40 411210005 105.41 411210010 15.14 411210016 9.77 411210017 8.94 413030011 315.30 413040001 493.40 413040002 137.00 413040003 74.48 Exhibit D Legal Description of Lands of the Overlying Parties1 Assessors Parcel Number(s) Area (Acres) 20040128 Exhibit_D -- Exhibit D for AB303 Grant App. 1/27/2004 STWMA 153 Item 8. (1) (3) (4) Overlying Producer Exhibit D Legal Description of Lands of the Overlying Parties1 Assessors Parcel Number(s) Area (Acres) 413040004 6.50 413040005 80.02 413040006 75.54 413040007 76.22 413040008 144.48 413040009 10.00 413040010 78.22 413060003 1.70 413160003 80.00 413160004 106.92 413160005 53.08 413160006 64.47 413160007 15.53 413170020 40.26 413170021 27.62 413170023 12.38 413170027 14.19 413170028 4.11 413170029 2.35 413170030 20.28 413170031 66.63 413170033 2.79 413170035 11.74 413180017 556.91 413180019 9.77 413190001 111.31 413190003 5.64 413190005 10.35 413190008 12.40 413190011 138.92 413200002 0.23 413200003 0.15 413200010 5.94 413200014 10.61 413200015 11.36 413200020 5.00 413200023 14.47 20040128 Exhibit_D -- Exhibit D for AB303 Grant App. 1/27/2004 STWMA 154 Item 8. (1) (3) (4) Overlying Producer Exhibit D Legal Description of Lands of the Overlying Parties1 Assessors Parcel Number(s) Area (Acres) 413200024 5.00 413200026 32.86 413200027 42.90 413200028 116.62 413200029 6.39 413200030 19.01 413200034 2.18 413200035 10.99 413200036 10.42 413200037 4.95 413270021 0.31 413280034 2.37 413280039 13.61 413280040 1.91 413280041 2.24 413280042 6.86 413290003 510.57 413290004 16.08 413290006 8.40 413290007 103.68 413450019 74.85 413450020 169.96 413450021 146.99 413450024 48.25 413450025 50.83 413450026 122.59 413450029 108.92 413460036 199.12 413460037 23.51 413460038 19.58 413460039 45.23 413460039 45.23 414090005 1.59 414090007 1.38 414090013 31.60 414090017 20.00 414090018 4.50 414100002 42.13 414100003 65.00 Total Area 5,331.65 20040128 Exhibit_D -- Exhibit D for AB303 Grant App. 1/27/2004 STWMA 155 Item 8. (1) (3) (4) Overlying Producer Exhibit D Legal Description of Lands of the Overlying Parties1 Assessors Parcel Number(s) Area (Acres) Plantation on the Lake 407230031 12.36 407230010 1.25 406050018 156.85 406050002 5.12 406050003 1.81 Total Area 177.39 Rancho Calimesa Mobile Home Park 413270001 29.66 Total Area 29.66 Merlin Properties, LLC.407230014 48.52 Total Area 48.52 Sharondale Mesa Owners Association 413330014 1.55 413330015 2.14 413331022 0.48 413331035 0.22 413340021 0.04 413340022 0.04 413340023 1.53 413340024 2.52 413341033 0.29 413341034 0.81 413341036 0.35 413342004 0.35 413350011 1.04 413350012 1.44 413351018 17.08 413351019 0.16 413360032 1.92 413360033 2.30 413360035 0.90 413361001 0.14 413361008 0.12 413361010 0.18 413370027 0.39 413370028 5.34 413370030 0.69 20040128 Exhibit_D -- Exhibit D for AB303 Grant App. 1/27/2004 STWMA 156 Item 8. (1) (3) (4) Overlying Producer Exhibit D Legal Description of Lands of the Overlying Parties1 Assessors Parcel Number(s) Area (Acres) 413371018 2.07 413372019 1.39 Total Area 45.48 So. California Professional Golf Association 406060011 146.59 406060013 2.83 406060014 4.58 406060016 10.35 413450016 99.66 413450022 95.15 413450023 2.89 413450027 91.53 Total Area 453.58 Stearns, Leonard 413221001 0.25 413221002 0.34 413260018 49.33 413260025 0.37 413270007 10.58 413280010 1.27 413280018 9.37 413280021 4.26 413280027 3.80 413280037 14.32 Total Area 93.89 Sunny-Cal Egg and Poultry Company2 406080013 0.07 407180004 9.35 407190013 2.01 407190014 0.50 407190015 1.35 407190016 4.95 407190017 31.32 407190018 0.93 407230022 20.03 407230023 20.03 407230024 20.03 407230025 21.99 407230026 25.94 20040128 Exhibit_D -- Exhibit D for AB303 Grant App. 1/27/2004 STWMA 157 Item 8. (1) (3) (4) Overlying Producer Exhibit D Legal Description of Lands of the Overlying Parties1 Assessors Parcel Number(s) Area (Acres) 407230027 21.63 407230028 21.56 Total Area 201.69 Total Area for All Overlying Producers3 6,782.87 Note 1 -- Parcels as of June 1, 2003 Note 3 -- The Watermaster shall recognize adjustments in parcel boundaries that result in de minimus changes in water use Note 2 -- Parcels owned by Sunny-Cal Egg & Poultry Company include the overlying water rights of Manheim, Manheim and Berman and is aggregated as shown in Column 4 of Exhibit B as attributable to Sunny-Cal Egg & Poultry Company 20040128 Exhibit_D -- Exhibit D for AB303 Grant App. 1/27/2004 STWMA 158 Item 8. 159 Item 8. Staff Report TO: City Council FROM: Todd Parton, City Manager DATE March 2, 2021 SUBJECT: Consideration of Cooperative Agreements Between the City of Beaumont, City of Banning, Riverside County and State of California for the Provision of Fire Protection, Rescue, Fire Marshal and Emergency Medical Services Background and Analysis: The City of Beaumont secures fire protection, fire prevention, rescue, fire marshal and emergency medical services through a series of multi-party contracts that also include the City of Banning, Riverside County and State of California. These agreements are as follows: 1. Contract Number 18-55: a. Cooperative Agreement between the City of Beaumont and Riverside County for the Provision of Fire Protection, Fire Prevention, Rescue, Fire Marshal and Emergency Medical Services for the City of Beaumont; b. Effective Date July 1, 2018; and c. Termination Date June 30, 2021. 2. Contract Number 18-61: a. Cooperative Agreement between the City of Banning, City of Beaumont and Riverside County for the Shared Cost of the fire engine company located at Station 20 located at 1550 East Sixth Street, Beaumont; b. Effective Date July 1, 2018; and c. Termination Date June 30, 2021. 3. Letter of Intent – June 19, 2018: a. Agreement with CAL FIRE to increase the level of service by adding a Paramedic Patrol at Beaumont Fire Station 66; b. Effective Date January 2019; and c. Termination Date to Coincide with Contract Number 18 -61. 4. Contract Number 20-58: a. Reimbursement Agreement with CAL FIRE for Local Area Wildland Protection; 160 Item 9. b. Effective Date July 1, 2020; and c. Termination Date June 30, 2021. Final costs for the full complement of services for FY2020 were $4,054,527. Total costs estimated for the current fiscal year (FY2021) are $4,565,808 of which $2,064,247 has been spent through the first two quarters. Together, these four contracts function cooperatively to comprise the full range of fire related services for the City of Beaumont. These services are of vital importance to the health, safety and welfare of the community. One of the primary benefits of these agreements are that they effectively integrate the resources of Banning, Beaumont and Riverside County in a cost-effective manner. They also ensure that the City of Beaumont benefits from CAL FIRE’s regional and state resources without the burden of additional fees or charges. That being said, these expenses are very impactful to the General Fund. The FY2020 and FY2021 expenditure summary shows that approximately 80% of the annual charges relate directly to CAL FIRE costs with the remaining 20% applied to Riverside County administrative overhead. With the existing contracts expiring on June 30, 2021, Riverside County is now circulating new 3-year contracts that are identical to the existing contracts, which have remained unchanged over the past several contract cycles. Riverside County staff are in the process of updating the overhead charges. Copies of two updated cooperative agreements from Riverside County are attached to this report. One is between the City of Beaumont and Riverside County for general services and the other is the three-party cooperative agreement between the City of Banning, City of Beaumont and Riverside County for Station 20. City staff feels that, prior to executing the next agreements, Riverside County’s 20% markup should be reviewed, and the City should request that the County provide the basis/rationale for the charges and any escalations. Additionally, actua l costs over the past several years have been significantly lower than Riverside County’s annual forecasts and, since this significantly restricts the City’s ability to provide desperately needed services as resources are tightening, discussions with River side County and CAL FIRE representatives regarding modifications to the assumptions used to forecast annual expenditures are also warranted. The table provided on the following page provides an expenditure summary for these services for FY2020 and FY2021. 161 Item 9. 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Totals % Total Costs 1st Quarter 2nd Qtr Safety Staffing Costs $ 499,014 $ 623,438 $ 551,528 $ 508,542 $ 2,182,522 53.8% $ 482,492 $ 651,506 State Admin Pass-through $ 58,335 $ 72,880 $ 64,473 $ 59,449 $ 255,137 6.3% $ 57,706 $ 77,920 Total Safety Staffing Costs $ 557,349 $ 696,318 $ 616,001 $ 567,991 $ 2,437,659 60.1% $ 540,198 $ 729,426 Non-Safety Staff Costs (County) $ 40,181 $ 27,067 $ 30,883 $ 36,583 $ 134,714 3.3% $ 31,333 $ 31,094 HR Overhead $ 333 $ 539 $ 328 $ 313 $ 1,513 0.0% $ 321 $ 548 Total Non-Safety Staff Costs $ 40,513 $ 27,606 $ 31,211 $ 36,896 $ 136,226 3.4% $ 31,654 $ 31,642 Support Services (Qtrly Admin) $ 195,186 $ 195,186 $ 195,186 $ 195,186 $ 780,744 19.3% $ 198,288 $ 198,288 (Budget $780,744 annually) Fire Engine Use Agreement $ 12,900 $ 12,900 $ 12,900 $ 12,900 $ 51,600 1.3% $ 12,900 $ 12,900 (2 Engines - $25,800 annual each) Misc Costs and Direct Charges Banning Station #20 $ 145,220 $ 168,255 $ 147,934 $ 149,951 $ 611,360 15.1% $ 132,472 $ 167,044 1st Qtr Direct Charges $ 6,627 $ 5,117 $ 8,162 $ 8,255 $ 28,161 0.7% $ 6,751 $ 7,494 1st Qtr Direct Journals $ - $ - $ - $ 2,885 $ 2,885 0.1% AMR Trans Cost Reimburse $ (5,351) $ (5,402) $ (5,125) $ (4,627) $ (20,505)-0.5% $ (4,810) FY2020 Support Srv Recon $ 26,396 $ 26,396 0.7% Subtotal $ 146,496 $ 167,970 $ 150,971 $ 182,860 $ 648,297 16.0% $ 134,413 $ 174,538 Total $ 952,445 $ 1,099,980 $ 1,006,269 $ 995,833 $ 4,054,527 $ 917,453 $ 1,146,794 City of Beaumont Actual Cal FIRE Contract Expenses - FY2020 and FY2021 Cost Element FY2020 FY2021 162 Item 9. Fiscal Impact: City staff estimates that it cost approximately $1,560 to prepare this report. It is anticipated that FY2022 fees related to fire protection, fire prevention, rescue, fire marshal and emergency medical services will be approximately $4.7 million which will be incrementally increased through the term of the agreement. Recommended Action: City staff recommends that the City Council direct the Mayor to formally request in writing Riverside County’s basis for administrative overhead costs and budgetary forecasts associated with the fire protection, fire prevention, rescue, fire marshal and emergency medical services cooperative agreements. Attachments: A. City of Beaumont – Contract Number 18-55 B. City of Beaumont – Contract Number 18-61 C. City of Beaumont Letter of Intent to Riverside County – Addition of Paramedic Squad D. City of Beaumont – Contract Number 20-58 E. Riverside County Draft Cooperative Agreement with the City of Beaumont to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services – July 1, 2021. through June 30, 2024 F. Riverside County Draft Cooperative Agreement between the City of Banning, City of Beaumont and Riverside County for Shared Cost to Operate a Fire Engine Company at Station 20 – July 1, 2021. through June 30, 2024 163 Item 9. 164 Item 9. 165 Item 9. 166 Item 9. 167 Item 9. 168 Item 9. 169 Item 9. 170 Item 9. 171 Item 9. 172 Item 9. 173 Item 9. 174 Item 9. 175 Item 9. 176 Item 9. 177 Item 9. 178 Item 9. 179 Item 9. 180 Item 9. 181 Item 9. 182 Item 9. 183 Item 9. 184 Item 9. 185 Item 9. 186 Item 9. 187 Item 9. 188 Item 9. 189 Item 9. 190 Item 9. 191 Item 9. 192 Item 9. 193 Item 9. 194 Item 9. 195 Item 9. 196 Item 9. 197 Item 9. 198 Item 9. 199 Item 9. 200 Item 9. 201 Item 9. 202 Item 9. 203 Item 9. 204 Item 9. 205 Item 9. 206 Item 9. 207 Item 9. 208 Item 9. 209 Item 9. 210 Item 9. 211 Item 9. 212 Item 9. 213 Item 9. 214 Item 9. 215 Item 9. 216 Item 9. 217 Item 9. 218 Item 9. 219 Item 9. 220 Item 9. 221 Item 9. 222 Item 9. 223 Item 9. 224 Item 9. 225 Item 9. 226 Item 9. 227 Item 9. 228 Item 9. 229 Item 9. 230 Item 9. 231 Item 9. 232 Item 9. 233 Item 9. 234 Item 9. 235 Item 9. 236 Item 9. 237 Item 9. 238 Item 9. 239 Item 9. COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20 CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE July 1, 2021 to June 30, 2024 1 of 8 A COOPERATIVE AGREEMENT BETWEEN THE CITY OF BANNING, THE CITY OF BEAUMONT, AND THE COUNTY OF RIVERSIDE TO SHARE THE COST OF A FIRE ENGINE COMPANY THIS AGREEMENT, was made and entered into this day ______ of __________________, 2021, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department, (hereinafter referred to as "COUNTY") and the City of Banning and the City of Beaumont, duly created cities (hereinafter referred to as "CITIES"). And hereinafter may collectively be referred to as the "Parties". SECTION I: PURPOSE A. The COUNTY has contracted with the City of Banning, individually pursuant to that certain Cooperative Agreement to provide fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists for the City of Banning, dated June 26, 2018, by and between the City of Banning and the County of Riverside (the "Banning Cooperative Agreement"). B. The COUNTY has contracted with the City of Beaumont, individually pursuant to that certain Cooperative Agreement to provide fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists for the City of Beaumont, dated June 12, 2018, by and between the City of Beaumont and the County of Riverside (the "Beaumont Cooperative Agreement"). C. The CITIES and COUNTY desire to enter into a cost sharing agreement for one (1) fire engine company which will be of mutual benefit for all involved agencies. The CITIES and COUNTY agree that the current fire engine company provides service to the City of Banning as well as to the City of Beaumont and unincorporated territory of the County. D. The City of Beaumont and COUNTY desire to contribute among the participating parties, with each party paying one-third (1/3) of the fire engine staffing costs. // // // 240 Item 9. COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20 CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE July 1, 2021 to June 30, 2024 2 of 8 NOW, THEREFORE, IT IS AGREED as follows: SECTION II: COOPERATIVE OPERATIONS Emergency Responses: The fire engine shall be dispatched, when available, to all emergencies within the jurisdictions of the CITIES and COUNTY. SECTION Ill: COST SHARE The Parties agree the cost of the fire engine shall be billed to CITIES by the COUNTY within the normal quarterly billing pursuant to the CITIES respective Cooperative Agreements and the cost will be shown as a line item on that bill. The total amount due under this Agreement by each party will be invoiced on a pro-rata share basis on each party's respective quarterly billing. The CITIES will receive an estimated cost of the fire engine staffing based on the top step salaries of the personnel assigned to the fire engine 20, at the first of the fiscal year. The cost pool of the fire engine staffing costs shall consist of the salaries, benefits, administrative costs of Full Time Employees, and Medic Support Services costs of One (1) Fire Captains, One (1) Fire Apparatus Engineers, One (1) Fire Apparatus Paramedic, Two (2) Firefighter Paramedics, and Three (3) Firefighters. In the event that the City of Banning secures and receives money from additional funding sources which it allocates to the services described herein, City of Banning shall give COUNTY notice within thirty (30) days, or within a reasonable time thereof, of the amount received. COUNTY will seek reimbursement on behalf of the COUNTY and the City of Beaumont by separate invoice. SECTION IV: TERM The term of this Agreement shall be from July 1, 2021 to June 30, 2024. Any party to this Agreement may terminate this Agreement by providing a written notice of termination to the other party's hereto no less than one (1) year prior to the expiration of the term hereof. If such notice is given unilaterally by COUNTY except any notice issued because of actions of CAL FIRE or CITIES, COUNTY agrees to continue to provide Fire Services to CITIES until such time as CITIES has a reasonable opportunity to implement alternative Fire Services. In no event shall this Agreement be terminated by either party after June 30, 2023. The City of Banning agrees to continue to seek alternative funding sources for fire protection services SECTION V: INDEMNIFICATION, AUDIT, DISPUTES, & ATTORNEY'S FEES To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITIES, their agencies, 241 Item 9. COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20 CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE July 1, 2021 to June 30, 2024 3 of 8 districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "City lndemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "County Liabilities"). Notwithstanding the foregoing, the only County Liabilities with respect to which COUNTY's obligation to indemnify, including the cost to defend, the lndemnitees does not apply is with respect to County Liabilities resulting from the negligence or willful misconduct of a City lndemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. To the fullest extent permitted by applicable law, but subject to the limits in this paragraph, each CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "County lndemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder by the respective CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of the respective CITY, its officers, employees, subcontractors, agents, or representatives (collectively, "City Liabilities"). No CITY shall be required to indemnify, protect, defend and hold harmless County lndemnitees for the acts or omissions of another CITY giving rise to City Liabilities in that other City pursuant to this Agreement. Furthermore, and notwithstanding the first sentence of this paragraph, the City Liabilities with respect to which each CITY's obligation to indemnify, including the cost to defend, the County lndemnitees does not apply with respect to City Liabilities resulting from the negligence or willful misconduct of a County lndemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement." SECTION VI. OWNERSHIP OF THE FIRE ENGINE The City of Banning owns fire engine 20 and will pay the engine maintenance costs through the cost allocation plan as outlined in the "Banning Cooperative Agreement. 242 Item 9. COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20 CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE July 1, 2021 to June 30, 2024 4 of 8 SECTION VII: DELIVERY OF NOTICES All notices permitted or required under this agreement shall be given to the respective parties at the following address, or at such other addresses as the respective parties may provide in writing for this purpose. CITY OF BANNING CITY OF BEAUMONT City Manager City Manager 99 East Ramsey Street 550 East 6th Street Banning, CA 92220-0998 Beaumont, CA 92223 COUNTY OF RIVERSIDE County Fire Chief 210 West San Jacinto Avenue Perris, CA 92570 Any notice required to be given hereunder to either party shall be given by personal delivery or be depositing such notice in the U .S. mail to the address listed, certified with return receipt requested, and pre-paid postage affixed. Such notice shall be deemed made when personally delivered or when mailed. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of method of service. SECTION VIII. GENERAL PROVISIONS A. ALTERATION OF TERMS No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the Parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement, which is formally approved and executed by all Parties. B. DISPUTES CITIES shall select and appoint a “Contract Administrator” who shall, under the supervision and direction of CITIES, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITIES has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITIES and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. CITIES and COUNTY agree to continue 243 Item 9. COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20 CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE July 1, 2021 to June 30, 2024 5 of 8 with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITIES and COUNTY representatives may be resolved, by mutual agreement of the parties, through mediation. Such mediator will be jointly selected by the parties. The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the parties cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. The parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm’s length. Pursuant to this Agreement, the parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County. Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims made against the COUNTY that involve CAL FIRE employees, to the extent permissible under the COUNTY’s contract with CAL FIRE, the claims will be forwarded on to CAL FIRE for processing. C. WAIVER Any waiver by any of the Parties , separately or collectively, of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of the Parties to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof or estopping any one of the CITIES or COUNTY from enforcement hereof. D. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provision will nevertheless continue in full force without being impaired or invalidated in any way. E. ADMINSTRATION 1. The COUNTY Fire Chief shall administer this Agreement on behalf of the County of Riverside. 2. The CITIES respective City Manager shall administer this Agreement on behalf of its own City. 244 Item 9. COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20 CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE July 1, 2021 to June 30, 2024 6 of 8 F. ATTORNEY’S FEES If CITIES fail to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available. In the event of litigation between COUNTY and CITIES to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party’s costs and expenses, including reasonable attorneys’ fees, all of which shall be included in and as a part of the judgment rendered in such litigation. G. ENTIRE AGREEMENT This Agreement is intended by the Parties hereto as a final expression of their understanding, with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreement and understanding, oral or written, in connection therewith. /// /// /// [Signature Provisions on following page] 245 Item 9. COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20 CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE July 1, 2021 to June 30, 2024 7 of 8 IN WITNESS, WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. CITY OF BANNING Dated: ___________________________ By: ____________________________ Douglas Schulze, City Manager ATTEST: APPROVED AS TO FORM: By: _____________________________ By: _____________________________ Marie A. Calderon, City Clerk Kevin G. Ennis, City Attorney (SEAL) CITY OF BEAUMONT Dated: ___________________________ By: ____________________________ Mike Lara, Mayor ATTEST: APPROVED AS TO FORM: By: _____________________________ By: _____________________________ Steven Mehlman, City Clerk John O. Pinkney, City Attorney (SEAL) [ADDITIONAL SIGNATURE PROVISIONS ON NEXT PAGE] 246 Item 9. COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20 CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE July 1, 2021 to June 30, 2024 8 of 8 COUNTY OF RIVERSIDE Dated: ___________________________ By: _____________________________ Chairman, Board of Supervisors ATTEST: APPROVED AS TO FORM: GREGORY P. PRIAMOS, KECIA HARPER-IHEM County Counsel Clerk of the Board By: _____________________________ By: _____________________________ Deputy GREGORY P. PRIAMOS County Counsel (SEAL) 247 Item 9. 248 Item 10. 249 Item 10. 250 Item 10. 251 Item 10. 252 Item 10. 253 Item 10. 254 Item 10. 255 Item 10. 256 Item 10. 257 Item 10. 258 Item 10. 259 Item 10. 260 Item 10. 261 Item 10. 262 Item 10. 263 Item 10. 264 Item 10. 265 Item 10. 266 Item 10. 267 Item 10. 268 Item 10. 269 Item 10. 270 Item 10. 271 Item 10. 272 Item 10. 273 Item 10. 274 Item 10. 275 Item 10. 276 Item 10. 277 Item 10. 278 Item 10.