HomeMy Public PortalAboutCC Agenda Packet 04.02.2024
CITY COUNCIL CLOSED & REGULAR SESSION
AGENDA
Beaumont Financing Authority
Beaumont Successor Agency (formerly RDA)
Beaumont Utility Authority
Beaumont Parking Authority
Beaumont Public Improvement Authority
Community Facilities Districts: 93-1, 2016-1, 2016-2, 2016-3, 2016-4, 2019-1, 2021-1, 2022-1, and
2023-1
Tuesday, April 2, 2024
Closed Session: 5:00 PM Regular Meeting: 6:00 PM
550 E. Sixth Street, Beaumont, CA
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.
MEETING PARTICIPATION NOTICE
This meeting will will be recorded for live streaming as well as open to public attendance. 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 with "Public Comment" in the subject line.
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 are accepted by notifying the City Clerk using a provided Request to Speak
Form prior to the start of the Public Comment Period. Public comments shall not exceed three (3)
minutes unless otherwise authorized by City Council.
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.
Pages
CLOSED SESSION
A.CALL TO ORDER
Mayor Fenn, Mayor Pro Tem Lara, Council Member Voigt, Council Member
White, Council Member Martinez
B.PUBLIC COMMENTS REGARDING CLOSED SESSION
B.1 Public Employee Performance Evaluation Pursuant to Government Code
54957.
Title: City Manager.
B.2 Conference with labor negotiators pursuant to Government Code Section
54957.6.
Agency designated representatives: David Fenn and Jessica Voigt.
Unrepresented employee: City Manager.
B.3 Conference with Legal Counsel Regarding Anticipated/Existing Litigation
Pursuant to Government Code Section 24956.9(d)(1) and/or (2) and/or
(3)
Worker's Compensation Case No. 4A2302WFRNF-0001
B.4 Conference with Legal Counsel Regarding Anticipated/Existing Litigation
Pursuant to Government Code Section 24956.9(d)(1) and/or (2) and/or
(3)
Worker's Compensation Case No. 4A2208Q9L56-0001t
B.5 Conference with Real Property Negotiators Pursuant to Government
Code Section 54956.8
Property: APN’s 422-170-008, 422-060-016, 017, 018 and a portion of
422-170-005
Agency Negotiator: City Manager Elizabeth Gibbs or her designee.
Negotiating Parties: City of Beaumont as potential purchaser and JRT
BP 1, LLC as potential seller.
Under Negotiation: Price and terms.
C.ADJOURNMENT TO CLOSED SESSION
REGULAR SESSION
D.CALL TO ORDER
Mayor Fenn, Mayor Pro Tem Lara, Council Member Voigt, Council Member
White, Council Member Martinez
Report out from Closed Session
Action on any Closed Session Items
Action of any Requests for Excused Absence
Invocation
Pledge of Allegiance
Adjustments to the Agenda
Conflict of Interest Disclosure
E.ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS /
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CORRESPONDENCE
E.1 Community Calendar Presentation
F.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.
G.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.
G.1 Ratification of Warrants 7
Recommended Action:
Ratify Warrants dated:
March 15, 2024
March 22, 2024
G.2 Approval of Minutes 40
Recommended Action:
Approve Minutes dated:
March 19, 2024
March 20, 2024
G.3 Offer of Dedication for Public Water – W. Fourth Street and Prosperity
Way
49
A Resolution of the City of Beaumont Authorizing the Mayor to Accept
the Offer of Dedication for the northeastern corner of W. Fourth Street
and Prosperity Way for Public Water Purposes.
Recommended Action:
Waive the full reading and adopt by title only, “A Resolution of The City of
Beaumont Authorizing the Mayor to Accept the Offer of Dedication for
Fourth Street and Prosperity Way for Public Water Purposes;” Approve
the Certificate of Acceptance and record the Offer of Dedication
documents with the Riverside County Clerk Recorder’s Office.
G.4 Performance Bond Exoneration 59
Performance and payment bond exoneration for sewer improvements
associated with Tract Map No. 31469-1 and storm drain improvements
associated with Tract No. 34862.
Recommended Action:
Authorize City staff to issue a Bond Exoneration Letter for Performance
and Payment Bonds and Accept Maintenance Bonds for (Project / Bond
Number / Improvement / Maintenance Bond Number):
Tract Map No. 31469-1 / 929598695 / Sewer / 929598695-M•
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Tract Map No. 34862 / 82191975 / Drain / 82191975-M•
G.5 Travel Expense Authorization per Beaumont Travel Expense and
Reimbursement Policy
110
Authorization of travel expenses for Council Member Julio Martinez to
attend with hotel accommodations at the Southern California Association
of Governments General Assembly Meeting.
Recommended Action:
Direction to staff on the request presented.
H.YOUTH COUNCIL REPORT
Beaumont Youth Council Report Out and City Council Direction
I.PUBLIC HEARINGS
Approval of all Ordinances and Resolutions to be read by title only.
J.ACTION ITEMS
Approval of all Ordinances and Resolutions to be read by title only.
J.1 Adoption of an Updated Strategic Communication Plan for 2023-2026 115
At the December 19, 2023, regular meeting of the City Council, staff
presented a revised Strategic Communication Plan. During this
presentation the City Council expressed some changes to Appendix A
which are reflected in the attached revised plan.
Recommended Action:
Review and adopt the Strategic Communication Plan.
J.2 Award of Contract to Synagro West LLC to Provide Sludge Hauling
Services for the Wastewater Treatment Plant
141
Award a three-year contract at the rate of $63.37 per ton with an annual
CPI adjustment.
Recommended Action:
Award a services contract with Synagro West LLC for a term of three
years with an option to extend for two additional years at a rate of
$63.37/ton with an annual CPI.
J.3 City of Beaumont Travel Expense and Reimbursement Policy 194
Review the draft updated Travel Expense and Reimbursement Policy
and provide staff feedback.
Recommended Action:
Review the proposed policy and recommend any modifications and/or
approve the Travel Expense and Reimbursement Policy.
J.4 Contracts for Special Counsel Services 209
Review contract extensions and new contracts for special counsel
services.
Recommended Action:
Authorize the City Manager to execute contracts with the following four
(4) firms:
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Burke, William & Sorensen, LLP1.
Liebert Cassidy Whitmore2.
Manning & Kass3.
Somach Simmons & Dunn4.
J.5 Review and Provide Direction on the Fiscal Year 2024/2025 – 2026/2027
Table 4 Drafts
234
Short Range Transit Plan Table 4, 4.1, and 4.2 Drafts.
Recommended Action:
Review and Provide Direction on the Fiscal Year 2024/2025 – 2026/2027
Table 4 Drafts.
J.6 Update and Discussion on Zoning Code Update and Design Standards 240
Zoning Code and Design Standards update and discussion on timing of
design standards process. Target #5, Goal #1 Create Design Guidelines
and Target #3, Goal #6 Revisit the City’s Municipal Codes and Zoning.
Capital Improvement Project (CIP) CD-04.
Recommended Action:
Hold discussion; and provide direction to staff on expediting design
standards or drafting an interim policy.
J.7 International Council of Shopping Centers (ICSC) Annual Conference
Attendance
243
Mayoral appointment of two Council Members to attend the International
Council of Shopping Centers (ICSC) annual conference.
Recommended Action:
Mayoral appointment of two Council Members to attend the International
Council of Shopping Centers (ICSC) annual conference.
K.LEGISLATIVE UPDATES AND DISCUSSION
L.ECONOMIC DEVELOPMENT UPDATE
Economic Development Committee Report Out and City Council Direction
M.CITY TREASURER REPORT
Finance and Audit Committee Report Out and City Council Direction
N.CITY CLERK REPORT
O.CITY ATTORNEY REPORT
P.CITY MANAGER REPORT
Q.FUTURE AGENDA ITEMS
Assessment for the need for additional community center(s) (Future)•
Annexation Agreement with the County (Future)•
R.COUNCIL REPORTS
Martinez
White
Voigt
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Lara
Fenn
S.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 April 16, 2024, at 6:00 p.m.
unless otherwise posted.
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CITY COUNCIL CLOSED & REGULAR SESSION
MINUTES
March 19, 2024
Closed Session: 5:00 PM Regular Meeting: 6:00 PM
550 E. Sixth Street, Beaumont, CA
_____________________________________________________________________
CLOSED SESSION
A. CALL TO ORDER at 5:00 p.m.
Present: Mayor Fenn, Mayor Pro Tem Lara, Council Member Voigt, Council
Member White, Council Member Martinez
B. PUBLIC COMMENTS REGARDING CLOSED SESSION
B.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1).
One Case: City of Beaumont v. Urban Logic, Torcal et.al. (Case No. Case
No. RIC1707201 c/w RIC1712042).
No reportable action.
B.2 Public Employee Performance Evaluation Pursuant to Government Code
54957.
Title: City Manager.
No reportable action.
B.3 Conference with labor negotiators pursuant to Government Code Section
54957.6.
Agency designated representatives: David Fenn and Jessica Voigt.
Unrepresented employee: City Manager.
No reportable action.
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B.4 Conference with Real Property Negotiators Pursuant to Government Code
Section 54956.8
Property: APN’s 422-170-008, 422-060-016, 017, 018 and a portion of
422-170-005
Agency Negotiator: City Manager Elizabeth Gibbs or her designee.
Negotiating Parties: City of Beaumont as potential purchaser and JRT BP
1, LLC as potential seller.
Under Negotiation: Price and terms.
No reportable action.
C. ADJOURNMENT TO CLOSED SESSION
REGULAR SESSION
D. CALL TO ORDER at 6:08 p.m.
Present: Mayor Fenn, Mayor Pro Tem Lara, Council Member Voigt, Council
Member White, Council Member Martinez
Report out from Closed Session: see above
Action on any Closed Session Items
Action of any Requests for Excused Absence: None
Invocation
Pledge of Allegiance
Adjustments to the Agenda: None
Conflict of Interest Disclosure: None
E. ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS /
CORRESPONDENCE
E.1 10851 Award - Officer Zachary Taylor
F. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA)
M. Magnan - Presented a recognition and appreciation to E. Gibbs as long
standing member of Rotary.
G. 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.
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Motion by Council Member Lara
Second by Mayor Fenn
To approve the Consent Calendar
Approved by a unanimous vote.
G.1 Ratification of Warrants
Ratify Warrants dated:
February 22, 2024
March 1, 2024
March 7, 2024
G.2 Approval of Minutes
Approve Minutes dated March 5, 2024
G.3 Approval of Trustee Requisition 082 for Reimbursement of Bond Proceeds
in the Amount of $14,342,289.14
SDC Fairway Canyon has submitted a request of CFD 2021-1 bond
proceeds to reimburse for completed improvement costs totaling
$21,211,693.40.
Approve the City Manager to sign Requisition 082 to send to Trustee
for disbursement of bond proceeds to the City of Beaumont for
reimbursement of costs to SDC Fairway Canyon, LLC.
G.4 Improvement Agreement and Security – Sundance Corporate Center
Subdivision Improvement Agreement and Security for Parcel Map 38519
for Public Works 2022-0954 – Sundance Corporate Center for survey
monuments.
Approve Subdivision Improvement Agreement and Security for
Parcel Map No. 38519 for survey monuments.
H. YOUTH COUNCIL REPORT
No report.
I. PUBLIC HEARINGS
Approval of all Ordinances and Resolutions to be read by title only.
I.1 Public Hearing and Consideration of the Beaumont Pointe Specific Plan
and a Purchase with a Fifty-Five (55) Year Lease Back
A request to annex 541.2 acres of unincorporated Riverside County
properties within the Sphere of Influence of the City of Beaumont into the
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City accompanied by a Plan of Services; a pre-zone to establish a specific
plan zone; amend the General Plan land use designation from Rural
Residential (1 acre lots) to Industrial (I), General Commercial (GC), and
Open Space (OS); a Specific Plan to allow up to 4,995,000 square feet of
industrial uses within five (5) buildings plus a 35,000 square foot self-
storage building, up to 246,000 square feet of general commercial uses, a
125 room hotel (approximately 90,000 square feet), for a total of
approximately 5,331,000 square feet, 124.7 acres of open space and
152.4 acres of open space conservation; a development agreement
between the City of Beaumont and Beaumont Pointe Partners, LLC; a
purchase fifty-five (55) year lease back and a Vesting Tentative Parcel
Map to subdivide the property as follows: 622.50 gross acres into 13
numbered lots with a range of 1.66 to 70.43 acres, 10 lettered lots with a
range of 0.03 to 54.50 acres and one (1) 81.30 acre remainder parcel; a
comprehensive sign program and the consideration of the Final
Environmental Impact Report (FEIR) including the Draft Environmental
Impact Report (DEIR) and Statement of Overriding Considerations for
539.9 acres located on the south side of the 60 Freeway, west of Jack
Rabbit Trail and north of the proposed extension of Fourth Street (APNs:
422-060-002, -005, -009, -010, -016 thru -018, -021, -022, 422-170-005, -
007 thru -011).
Public Hearing opened at 6:52 p.m.
A. Smith - Spoke in support of the project.
L. Smilac - Spoke in opposition of the project.
U. Armenta - Spoke in support of the project.
R. Roy - Spoke in opposition of the project.
K. Logan - Spoke in support of the project (written comment)
J. Sisley - Spoke in support of the project.
M. Stamper - Spoke in support of the project.
D. Foreman - Expressed concerns with the CEQA documents.
B. Sanchez - Spoke in opposition of the project.
B. Arroyo - Spoke in support of the project.
J. Mendoza - Spoke in support of the project.
S. Amezquita - Spoke in support of the project.
S. Collins - Spoke in support of the project (written comment)
B. McDonald - Brought up traffic concerns of trucks using the same route
as the Amazon building, supports the project with attention to traffic
details.
O. Cobian - Spoke in support of the project.
D. Andreiko - Spoke in support of the project.
S. Loomis - Spoke in support of the project.
A. Salcido - Expressed concerns with the EIR document and asked that it
be redrafted and recirculated.
Public Hearing closed at 7:27 p.m.
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Motion by Council Member Martinez
Second by Council Member White
To continue the item to April 16, 2024.
Approved by a unanimous vote
J. ACTION ITEMS
Approval of all Ordinances and Resolutions to be read by title only.
J.1 Approve a Public Works Agreement with Conserve LandCare for the
Construction of the Sixth Street Medians in an Amount not to Exceed
$764,838
To award a contract with Conserve LandCare for construction services for
Capital Improvement Project (CIP) No. R-21.
Motion by Council Member White
Second by Mayor Pro Tem Lara
Authorize the Mayor to execute the Public Works Agreement with
Conserve LandCare for the Construction of the Sixth Street medians,
and
Authorize Staff to Issue a Purchase Order in the amount of $764,838,
and
Authorize the City Manager to Approve change orders in an Amount
Not to Exceed $76,485 for Capital Improvement Project (CIP) No. R-
21.
Approved by a unanimous vote
J.2 Market Night Policy Update and Discussion on Market Night Event
Consideration of the updated market night policy and continued discussion
and direction on establishing market night within the City of Beaumont.
Public Comment
Anthony - Concerned with blocking traffic at Beaumont Ave and suggests
Grace Ave.
Motion by Council Member Voigt
Second by Council Member Martinez
Adopt the updated rules and regulations policy; and
Direct staff to establish a no-fee license specific to Beaumont Nights
at Town Center
Approved by a unanimous vote
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J.3 Downtown Streetlight Discussion
Discussion and direction on downtown streetlight design and installation in
support of market night.
Motion by Council Member Voigt
Second by Mayor Pro Tem Lara
To d irect staff to install streetlights in conformance with Option 2.
Approved by a 4-0 vote
Ayes: White, Voigt, Lara, Fenn
Noes: Martinez
J.4 Invitation from the City of Banning to Join an Ad-Hoc Committee
Regarding the Banning Animal Shelter
Mayoral appointment of two Council Members to join the Banning ad-hoc
committee.
Council declined the invitation, no action taken.
J.5 Set Time, Date and Place for Special Workshop
Set the time, date and place to review the first draft of the FY2024-2025
budget.
Consensus to establish April 30, 2024 at 5:00 p.m. for a special
workshop.
J.6 Summer Meeting Schedule
Determination of any cancellations of meetings during the summer
months.
Direction to staff to cancel the first meeting of July and first meeting
of August.
J.7 Approval of City Attorney Invoices for the Month of February 2024
Motion by Mayor Pro Tem Lara
Second by Mayor Fenn
Approve invoices in the amount of $119,884.45.
Approved by a unanimous vote
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K. LEGISLATIVE UPDATES AND DISCUSSION
L. ECONOMIC DEVELOPMENT UPDATE
Economic Development Committee Report Out and City Council Direction
M. CITY TREASURER REPORT
Finance and Audit Committee Report Out and City Council Direction
M.1 Treasurer Reports
N. CITY CLERK REPORT
Notice of Vacancies
O. CITY ATTORNEY REPORT
P. CITY MANAGER REPORT
Special Meeting tomorrow at 5:00 p.m.
PD and staff will be participating in the Baker to Vegas event
Community Clean up event was a success
Upcoming IOS Golf Tournament
Q. FUTURE AGENDA ITEMS
• Assessment for the need for additional community center(s) (Future)
• Annexation Agreement with the County (Future)
• Traffic Level of Service (Future)
• Design Guidelines (April)
R. COUNCIL REPORTS
Fenn - Attended the TNOW meeting, Beaumont Chamber Breakfast, Passcom
Meeting, Employee Appreciation Lunch, San Gorgonio Memorial Hospital
Expansion event, shared that Congressman Ruiz confirmed funds coming to
Beaumont for the 2nd Street extension.
Voigt - No report
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Martinez - No report
Lara - No report
White - Thanked staff for the City Hall construction.
S. ADJOURNMENT March 20, 2024 at 12:07 am
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 April 2, 2024, at 6:00 p.m. unless
otherwise posted.
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CITY COUNCIL SPECIAL MEETING
MINUTES
March 20, 2024
5:00 p.m.
550 E. Sixth Street, Beaumont, CA
_____________________________________________________________________
SPECIAL SESSION
A. CALL TO ORDER at 5:05 p.m.
Present: Mayor Fenn, Mayor Pro Tem Lara, Council Member Voigt, Council
Member White, Council Member Martinez
B. PUBLIC COMMENT PERIOD
None.
C. CLOSED SESSION
C.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1).
One Case: City of Beaumont v. Urban Logic, Torcal et.al. (Case No. Case
No. RIC1707201 c/w RIC1712042).
No reportable action.
D. ADJOURNMENT at 6:47 p.m.
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 April 2, at 6:00 p.m. unless otherwise
posted.
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Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE April 2, 2024
SUBJECT: Offer of Dedication for Public Water – W. Fourth Street and Prosperity
Way
Description A Resolution of the City of Beaumont Authorizing the Mayor to Accept the
Offer of Dedication for the northeastern corner of W. Fourth Street and Prosperity Way
for Public Water Purposes.
Background and Analysis:
On May 8, 2007, the Beaumont Planning Commission approved Tentative Parcel Map
No. 34209 (within the previously approved Rolling Hills Ranch plot plan and specific
plan) for a proposed division of a 155-acre parcel into four industrial lots located on the
northwest corner of W. Fourth Street and Distribution Way.
The Project constructed a temporary lift station at the northeast corner of Fourth Street
and Distribution Way. The temporary lift station was recently decommissioned due to
the permanent facility being completed and operational.
The dedication of right-of-way is necessary to maintain and operate an air-vac
appurtenance installed as part of the decommissioning of the lift station. The air -vac is
part of a public system and will be publicly mainta ined.
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Figure 1- Location of Easement for Air-vac
Fiscal Impact:
The cost to prepare this staff report is estimated to be $750. There is no fiscal impact
with the acceptance of the offer of dedication. The cost to maintain the air-vac is paid
from Wastewater’s operation budget.
Recommended Action:
Waive the full reading and adopt by title only, “A Resolution of The City of Beaumont
Authorizing the Mayor to Accept the Offer of Dedication for Fourth Street and Prosperity
Way for Public Water Purposes;” Approve the Certificate of Acceptance and record the
Offer of Dedication documents with the Riverside County Clerk Recorder’s Office .
Attachments:
A. Offer of Dedication Resolution
B. Certificate of Acceptance
C. Offer of Dedication
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RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF BEAUMONT AUTHORIZING
THE MAYOR TO ACCEPT THE OFFER OF DEDICATION FOR
4TH STREET AND PROSPERITY WAY FOR PUBLIC WATER
PURPOSES
WHEREAS, Crossroads Logistic Center Association, a California non-profit mutual
benefit corporation has executed a Formal Offer of Dedication to the City of Beaumont for Public
Street and Public Utility; and
WHEREAS, Government Code Section 27281 provides that instruments conveying an
interest in real property to the City may not be recorded without a Certificate of Acceptance from
the City Council; and
WHEREAS, Government Code Section 27281 also provides that the City Council may, by
a resolution, authorize one or more officers to accept instruments conveying an interest in real
property by executing a Certificate of Acceptance; and
WHEREAS, the City Council desires to delegate to the Mayor the authority to accept the
within described real property interests on behalf of the City.
WHEREAS, a certificate of acceptance for accepting the aforementioned easement will be
recorded with the Riverside County Clerk Recorder’s Office once the resolution is adopted by City
Council; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont does authorize accepting the
offer of dedication for 4th Street and Prosperity Way for public water purposes identified in Exhibit
“A&B” attached hereto and made a part hereof by this reference:
Provision 1. Recordation of the aforementioned certificate of acceptance shall be executed by the
Mayor and recorded with the Riverside County Clerk Recorder’s Office
MOVED, PASSED AND ADOPTED this 2nd day of April 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
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By: __________
David Fenn, Mayor, City of Beaumont
ATTEST:
Elaine Morgan
CITY CLERK
By: _____________
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When Recorded Return Original To:
City of Beaumont
c/o City Clerk
550 East 6th Street
Beaumont, CA 92223
NO RECORDING FEE REQUIRED PER GOVERNMENT CODE SECTION 27383
CERTIFICATE OF ACCEPTANCE OF GRANT DEED
(GOVERNMENT CODE SECTION 27281)
This is to certify that the interest in real property conveyed by that certain offer of
Dedication Deed dated on or about February 20, 2024 from Crossroads Logistic Center
Association, a California non-profit mutual benefit corporation, to THE CITY OF BEAUMONT,
a general law city, is hereby accepted by the undersigned officer on behalf of THE CITY OF
BEAUMONT pursuant to the authority conferred by action of the city council of THE CITY OF
BEAUMONT on April 2, 2024, and the grantee consents to recordation thereof by its duly
authorized officer.
___________________ ______________________________
Date David Fenn,
Mayor, City of Beaumont, CA
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Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE April 2, 2024
SUBJECT: Performance Bond Exoneration
Description Performance and payment bond exoneration for sewer improvements
associated with Tract Map No. 31469-1 and storm drain improvements associated with
Tract No. 34862.
Background and Analysis:
The City requires all developers to provide construction security for public
improvements consisting of, but not limited to, street improvements, sewer
improvements, storm drain improvements, and survey monumentation. After the
improvements are constructed, City staff verifies that no liens have been filed, that the
improvements are completed under the project’s conditions of approval, design
standards, and City requirements, and that all punch list items have been addressed.
Once verified, City Council may exonerate the construction security and accept a one -
year maintenance security.
During the one-year maintenance period, the developer maintains all associated
improvements. After the one-year term has elapsed, the developer may petition the City
Council to accept the improvements to the publicly maintained system and exonerate
the maintenance security.
The principals are requesting that the performance and payment bonds listed in Table
No. 1 be exonerated and that the City Council accept the corresponding maintenance
bond for a period no less than one year.
City staff has verified that the improvements were constructed under the project’s
conditions of approval, design standards, and City requirements and that all punch list
items have been addressed.
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Table No. 1 – Bond Summary
Project Performance
Bond
Number
Improvement File
Number
Maintenance
Bond
Number
Principal
Tract Map
No. 31469-1
929598695 Sewer 2017 929598695-M Tri Pointe Homes
IE-SD, INC
Tract Map
No. 34862
82191975 Storm Drain 1606 82191975-M Tri Pointe Homes
IE-SD, INC
Fiscal Impact:
The cost of preparing the staff report is estimated to be $750. The principal maintains all
associated improvements during the maintenance period. The City is not liable for
public improvement maintenance until the public improvements are accepted into the
City’s publicly maintained system.
Recommended Action:
Authorize City staff to issue a Bond Exoneration Letter for Performance and Payment
Bonds and Accept Maintenance Bonds for (Project / Bond Number / Improvement /
Maintenance Bond Number):
• Tract Map No. 31469-1 / 929598695 / Sewer / 929598695-M
• Tract Map No. 34862 / 82191975 / Drain / 82191975-M
Attachments:
A. PW2018-0121 - TR 31469-1 Sewer Bond-x Package
B. PW2018-0135 – TR 34862 Drain Bond-x Package
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[COMPANY NAME]
Punch List
Project Name: Pardee Homes – PA42 Sewer Improvements
Tract No. 31469-1
Sewer PW2018-0121 Bond No. 929598695 Performance Bond
Inspected By: Alex Stanko Page: 1 Date: January 17, 2024
Item
No. Description
Completed by
Construction
(Sign/Date)
Accepted by
(Sign/Date)
1 Provide updated set of as-builts. Alex Stanko
01-18-2024
Alex Stanko
01-18-2024
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[COMPANY NAME]
Punch List
Project Name: Sundance PA26 Basin
Tract No. 34862
Basin PW 2018-0135 Bond No. 82191975 Performance
Inspected By: Alex Stanko Page: 1 Date: October 25, 2023
Item
No. Description
Completed by
Construction
(Sign/Date)
Accepted by
(Sign/Date)
1 Provide an updated set of as-builts. Alex Stanko
11/13/2023
Alex Stanko
11/13/2023
2 Provide landscaping plans.
Alex Stanko
11/13/2023
Alex Stanko
11/13/2023
3
Clear & identify maintenance access road
per Sheet 14. Road needs to be cleared of
debris/weeds so vehicles can safely access.
Alex Stanko
11/15/2023
Alex Stanko
11/15/2023
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Staff Report
TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE April 2, 2024
SUBJECT: Travel Expense Authorization per Beaumont Travel Expense and
Reimbursement Policy
Description Authorization of travel expenses for Council Member Julio Martinez to
attend with hotel accommodations at the Southern California Association of
Governments General Assembly Meeting.
Background and Analysis:
Council Member Julio Martinez has requested to attend and utilize hotel
accommodations for the upcoming Southern California Association of Governments
(SCAG) General Assembly Meeting on May 2 and 3, 2024 in Palm Desert, Ca. SCAG
provides a complementary one-night stay at the JW Marriot for the General Assembly
Delegates.
Per the current Travel Expense Authorization Policy, “All travel outside those regular
meetings of an appointed position (RCTC, ERICA) shall require prior City Council
approval.” This request falls outside of an appointed capacity and therefore would
require City Council approval.
There is no cost to attend the regional meeting and meals are being provided. The
expense of request is a two-night hotel stay, May 1-2 at $205 per night. A request to
SCAG will be submitted to comp one night’s stay as advertised.
Fiscal Impact:
The cost for travel expenses is within the City Council travel expense budget. The
estimated cost to prepare this report is $75.
Recommended Action:
Direction to staff on the request presented.
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Attachments:
A. SCAG Conference Itinerary
B. Hotel Information
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Staff Report
TO: City Council
FROM: Julie Van Hook, Public Information Officer
DATE April 2, 2024
SUBJECT: Adoption of an Updated Strategic Communication Plan for 2023-2026
Description At the December 19, 2023, regular meeting of the City Council, staff
presented a revised Strategic Communication Plan. During this presentation the City
Council expressed some changes to Appendix A which are reflected in the attached
revised plan.
Background and Analysis:
Preparation began as part of the Public Information Officer’s onboarding process which
consisted of participating in various meetings with city council, department executives,
staff who perform outreach, and analyzing feedback from the community gathered f rom
meetings, public comment, and social media.
An assessment was conducted on current strategies, including revisions to previous
objectives, tactics, messages, and communication channels for effectiveness.
The Strategic Communication Plan is a document that expresses the goals and
methods of the City of Beaumont’s communication activities. The document is a
roadmap for engagement and alignment of messaging which advances the City of
Beaumont’s Strategic Plan, Level 3, Target #1 Goal #4 to increase public
communication, education, and strategy.
Fiscal Impact:
The cost to prepare this staff report was approximately $75.00.
Recommended Action:
Review and adopt the Strategic Communication Plan.
Attachments:
A. 2023-2026 Strategic Communications Plan
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B E A U M O N T
S T R A T E G I C C O M M U N I C A T I O N S P L A N
2 0 2 3 -2 0 2 6
C
I
T
Y
O
F
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Page 1
City of Beaumont
Strategic Communications Plan
City of Beaumont Mission Statement
The City of Beaumont is committed to providing core services to the community that
ensure it remains a desirable place to live, work and play. Through responsible and
professional leadership and in partnership with local agencies to achieve common goals
and leverage area resources, the city will strive to improve the quality of life for all
residents living and working in the community.
Public Information Office Mission Statement
Be the best source of information about the City of Beaumont by creating and sharing
effective messages and compelling stories that foster positive engagement and
connection with all stakeholders.
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Table of Contents
Executive Summary…...………………………………………………………………………..3
Why We Have a Plan……………………………………………………………………….…..3
Communications Team…………………………………………………………………….…...4
Target Audience……………………………………………………………………………........4
Background………………………………………………………………………………………5
Communication Structure……………………………………………………………………....6
Current Communication Methods....…………………………………………………………..7
Communication Tools………………………………………………………………………….10
Appendix A – Communication Plan Implementation……………………………………….11
Appendix B – Digital Strategy………………………………………………………………...23
Appendix C – Placeholder for Crisis Communication Plan………………………………..24
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Page 3
Executive Summary
The 2023-2026 Strategic Communications Plan is a living document intended to adapt
and enhance as the city continues to evolve. As technology advances and platforms for
citizen engagement continue to change, this plan is expected to change to meet the
needs of the community. The plan, as it is adopted today, is simply a snapshot of the
city’s current communication goals and objectives for a unified and cohesive strategy to
best serve the City of Beaumont’s community and stakeholders.
The plan outlines the overall communication philosophy, structure, audience, and
platforms.
Why We Have a Plan
Communication is a basic obligation and essential to an open and transparent
government. Communicating with residents, businesses, and visitors is vital to fostering
trust and the overall success of the city. Through consistent and engaging
communication, the City of Beaumont can grow informed community participation,
enhance pride and overall quality of life for its residents.
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Page 4
Communications Team
Everyone who represents the city in an official capacity can be seen as a communicator.
It is important to create a unified structure defining messaging and the process for all
communication to ensure reliability with and for the city’s stakeholders. The success of
the plan is dependent upon everyone’s understanding and participation.
For purposes of this plan, the city defines its core communicators as follows:
• Mayor and City Council
• City Manager
• Deputy City Manager
• Chief of Police (and designee)
• Public Information Officer
• Executive Team
• Recreation Manager
• City Clerk
• City Treasurer
• City Boards, Commissions, and Committees
• Other Council-Appointed Officials
Target Audience
A key component of any communication plan is identifying and knowing the audience.
The external stakeholders are:
• Residents
• Visitors
• Businesses
• Community organizations
• Sister cities
• Schools
• Regional influencers
• Media
The internal stakeholders are:
• Employees
• City Council
• City Clerk
• City Treasurer
• City boards, commissioners and committees
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Page 5
Background
This plan is a revision of the adopted 2018 City of Beaumont Strategic Communications
Plan. Updating the city-wide strategic communication plan will advance the City of
Beaumont’s Strategic Plan, Level 3, Target #1 Goal #4, to increase public
communication, education and strategy. This plan incorporates relationship building and
public communication strategy.
Past Plans & Guides
• Original Strategic Communications Plan – Established in 2018, containing initial
goals and strategies for an unspecified timeframe.
• Style Guide – Developed in 2019, containing guidelines and standards for both
graphic and language perspectives. This guide is active.
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Page 6
Communication Structure
• Public and Internal Communication
o Goal 1: Accurately and timely communicate information regarding the
city’s programs and services through a unified and layered framework for
maximum reach.
▪ Objective 1: Regularly communicate city council decisions and
actions
▪ Objective 2: Increase the availability and understanding about city
programs and services using tools for accessibility, timelines and
protocols for website updates.
▪ Objective 3: Increase awareness, interest, participation, and
engagement from the community and businesses by implementing
a comprehensive communication strategy using various tactics
such as social media, community events, and traditional outreach
methods.
▪ Objective 4: Increase employee awareness and build organizational
knowledge by implementing structured channels to share, capture,
and disseminate information.
• Crisis Communication
o Goal 1: Enable seamless communication during times of crisis
▪ Objective 1: Assess and implement a readiness campaign for crisis
communication
• Media Relations
o Goal 1: Proactively build relationships with journalists and editors
▪ Objective 1: Provide proactive news and public service
announcements for widespread coverage
▪ Objective 2: Provide timely and accurate responses to media
inquiries and requests
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Page 7
Current Communication Methods
Advertising
Advertisements are limited to events, programs, and service-related information. The
purpose of advertising is to advance the quality of life for its residents and the economic
vitality of the city. This includes promoting businesses, incentive programs and
community events.
Communication training and assistance
City employees who manage social media accounts should receive basic and ongoing
training as needed. Future training will be provided on an as-needed basis to keep
employees abreast of current and emerging trends.
Digital Communications
The dominant form of communication currently consists of a variety of digital platforms
and local media coverage. Below is a list of communication methods currently used:
Websites
• beaumontca.gov –Official City website
• beaumontcabusiness.gov –Economic Development website (2023)
• bmtparks.com – Parks and Recreation website (2023)
• BeaumontPD.org – Police Department website (2016)
Email subscriptions
• City of Beaumont’s news and events calendar – a calendar for all types of
events including public meetings and sponsored community city events
• Beaumontca.gov Notify Me –Subscriptions to various calendars and news:
o Construction Updates
o Council Agenda
o Economic Development Committee
o Election Central
o Finance and Audit Committee
o Misc. Public Meetings
o Planning Commission Agenda
o Stewart Park Renovation
o City Spotlight
o News and Notices
• Beaumontca.gov Alert Center – For safety alerts
• Beaumontca.gov Calendar – For city events
• Beaumontca.gov Newsflash – Citywide spotlight
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Page 8
Guides
• City Magazine and Recreational Guide: Quarterly online publication
featuring city news, recreational information and events. Printed and
mailed publications to commence for the Winter 2024 edition.
Message Boards and Displays
• Digital signage is available within city facilities and outside city hall for
public consumption.
• Billboard displays and street signage are used to reach a broad audience
with targeted purpose (i.e., programs, special events, etc.)
TV Channel
• PEG Channel is featured on Frontier, Channel 32, broadcasting city
council meetings, special programming, and upcoming events.
YouTube Channel
• Features live and recorded public meetings and showcases other
programming. Subscribers can like the channel to follow.
Mobile App
• City of Beaumont’s Mobile App is an engagement tool for residents to
connect electronically to request service, contact information, access
news, and view events. The Transit App is used by travelers using city
transportation for real time GPS locations, arrival times, ETAs, and
assistance with planning connected trips.
Social media outlets
• City of Beaumont City Hall Facebook
• City of Beaumont X
• City of Beaumont Instagram
• City of Beaumont LinkedIn
• City of Beaumont Nextdoor
• City of Beaumont Youtube
• City of Beaumont TikTok
• Police Department Facebook
• Police Department X
• Police Department Instagram
• Police Department Nextdoor
• Police Department Neighbors Portal by Ring (No url available)
• Parks and Recreation Facebook
• Parks and Recreation Instagram
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• Transit Facebook
Graphic Identity Manual
In 2018, the city updated its logo and developed a graphic identity found in its Brand
Style Guide. The guide offers best practices to facilitate standards and ensure
consistency in visual and written communication regarding its logo, font, color scheme,
and graphics.
Media Relations
A positive working relationship with news media from local and regional outlets is vital to
successfully communicating city-related information. The goal of effective media
relations is to publish frequently, factually, and professionally. All media inquiries should
be responded to promptly whenever possible.
Print Publications
With a shift in how society consumes information, the cost versus effectiveness of print
publications is reviewed on a case-by-case basis. In most cases, distributing
communication digitally is the most cost-effective and predominant method used by the
city. Each department produces its own print publications on a smaller scale, including
flyers, cards, posters, and brochures to name a few.
However, to maintain a layered and widespread approach the city will utilize local print
media, publish an Annual Report, and print its City Magazine for public consumption.
Public Relations
The city continues to establish good and transparent relationships with all its residents,
business owners, and visitors through various platforms described throughout the plan.
The city monitors and coordinates responses regarding general inquiries and/or
complaints received through a variety of channels.
The city oversees its Public, Educational, and Governmental Access (PEG) Channel
through Frontier. Locally, residents can access programming centered on government
programs, activities, upcoming events, and services through PSAs, features, and
graphic images.
The city utilizes several ways to generate content for distribution including event
calendars, internal/employee communication, and social media strategies.
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Current Communication Tools
The city invests in a variety of tools including software, video, technology services, and
platforms to support effective communication. The primary tools utilized by the city
include:
• CivicPlus – website management platform
• Hootsuite – social media scheduling and analytics
• Constant Contact – subscription platform for email announcements
• Grammarly – subscription tool for plain language, grammar, and spelling
• Canva – subscription for graphic creation
• Archive Social – archives all social account activities for public records requests
• Variety of other tools for various projects
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Appendix A – Communication Plan Implementation 2023-2026 City of Beaumont Communication Plan
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PUBLIC AND INTERNAL COMMUNICATION
Goal 1: Accurately and timely communicate information regarding the city’s programs and services through a
unified and layered framework for maximum reach.
Objective 1: Regularly communicate city council decisions and actions
Strategy 1: Provide consistent and regular updates on city government decisions and actions
TACTIC 1: Provide timely recap messages on social media ONGOING
TACTIC 2: Launch monthly mayor’s newsletter SUMMER 2024
TACTIC 3: Distribute regular news releases on major
council actions such as on development, major
infrastructure projects, and community affairs
ONGOING
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PUBLIC AND INTERNAL COMMUNICATION
Goal 1: Accurately and timely communicate information regarding the city’s programs and services through a
unified and layered framework for maximum reach.
Objective 2: Increase the availability and understanding about city programs and services using tools for accessibility,
timelines and protocols for website updates
Strategy 1: Provide and regularly update the city’s website to ensure its accessible, user-friendly, and informative
TACTIC 1: Work with Civic Plus to analyze the website
layout and make improvements to address areas to
optimize engagement and information sharing
MARCH 2024 New website calendar in March 2024
TACTIC 2: Ensure staff can regularly update and maintain
their department pages
ONGOING
TACTIC 3: Verify all written materials are published in plain
language and centralized for ease
ONGOING For review planned in Jan 2024
TACTIC 4: Work with website vendor for add-on tools to
manage content and ADA accessibility
SEPT 2024
TACTIC 5: Continue to promote the city app ONGOING
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PUBLIC AND INTERNAL COMMUNICATION
Goal 1: Accurately and timely communicate information regarding the city’s programs and services through a
unified and layered framework for maximum reach.
Objective 3: Increase awareness, interest, participation, and engagement from the community and businesses by
implementing a comprehensive communication strategy using various tactics such as social media, community events,
and traditional outreach methods.
Strategy 1: Monitor communication and adapt to communication preferences. Utilize cross-functioning
communication methods for maximum reach
TACTIC 1: Evaluate the PEG Channel. Update regularly
and streamline special events as another method of
communication
JAN 2024
TACTIC 2: Utilize different avenues to market and
advertise city events and programs such as billboards, in-
person meetings, surveys, banners, etc.
ONGOING Published twice at the local movie theater.
Billboard signage displayed in two
locations effective March 2024.
TACTIC 3: Produce print and digital publications for
citywide distribution (city magazine, annual report, etc.)
JAN 2024
TACTIC 4: Development of strategic outreach campaigns
for upcoming construction projects
JAN 2024 Preliminary discussion in place.
TACTIC 5: Develop an Annual Report reflecting the city’s
achievements for legislative and community outreach
SPRING 2024
TACTIC 6: Monitor and engage in official city social media
outlets
ONGOING
TACTIC 7: Highlight department activities and services
with high community impact including Police, Fire, Public
Works, Economic Development, and Community Services
ONGOING
TACTIC 8: Regularly assess the effectiveness of various
platforms and channels for effectiveness
ONGOING
TACTIC 9: Development and market additional tools for
services, such as a Business Liaison, to help new and
current businesses
Summer 2024 Marketing RFP and Economic
Development Strategic Plan underway
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Page 14
PUBLIC AND INTERNAL COMMUNICATION
Goal 1: Accurately and timely communicate information regarding the city’s programs and services through a
unified and layered framework for maximum reach.
Objective 3: Increase awareness, interest, participation, and engagement from the community and businesses by
implementing a comprehensive communication strategy using various tactics such as social media, community events,
and traditional outreach methods.
Strategy 2: Continue to stay abreast of new and emerging communication trends, strategies, and practices
TACTIC 1: Maintain professional memberships such as
with the California Public Information Officer ’s (CAPIO)
Association, PRSA, and ICMA
ONGOING Attend Annual Meeting in May 2024
TACTIC 2: Identify new ways to communicate, best
practices, training, and tools through participation in
statewide, regional, and local programs
ONGOING
TACTIC 3: Identify and implement new or more effective
ways to communicate with the community
ONGOING
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Page 15
PUBLIC AND INTERNAL COMMUNICATION
Goal 1: Accurately and timely communicate information regarding the city’s programs and services through a
unified and layered framework for maximum reach.
Objective 3: Increase awareness, interest, participation, and engagement from the community and businesses by
implementing a comprehensive a communication strategy using various tactics such as social media, community events,
and traditional outreach methods.
Strategy 3: Conduct audits and prepare effective messaging
TACTIC 1: Prepare a content calendar and track
performance, reoccurring events, and activities
FEB 2024
TACTIC 2: Utilize social media management platform to
analyze reach, and schedule releases of information
during optimal times
ONGOING Need to on-board all social media
contributors to platform.
TACTIC 3: Develop and maintain one voice messaging
strategy and talking points
ONGOING
TACTIC 4: Analyze results from outreach campaigns to
evaluate effectiveness and areas of opportunity
SPRING 2024 Transportation and construction projects
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PUBLIC AND INTERNAL COMMUNICATION
Goal 1: Accurately and timely communicate information regarding the city’s programs and services through a
unified and layered framework for maximum reach.
Objective 4: Increase employee awareness and build organizational knowledge by implementing structured channels to
share, capture, and disseminate information.
Strategy 1: Launch new platforms to foster engagement and share information
TACTIC 1: Launch internal monthly newsletter highlighting
council actions, events, program and project statuses, and
employee spotlights
ONGOING Published November 2024, and monthly
thereafter
TACTIC 2: Develop an intranet landing page to serve as
the main hub for information
WINTER 2024 Partnership with IT
TACTIC 3: Launch a committee to help plan for celebratory
events such as birthdays, holidays, and annual employee
recognition ceremony
SPRING 2024 Partnership with HR
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PUBLIC AND INTERNAL COMMUNICATION
Goal 1: Accurately and timely communicate information regarding the city’s programs and services through a
unified and layered framework for maximum reach.
Objective 4: Increase employee awareness and build organizational knowledge by implementing structured channels to
share, capture, and disseminate information.
Strategy 2: Partner with other departments to develop communication objectives, goals, and structure
TACTIC 1: Define processes, structure and roles related to
the release of communication
SPRING 2024
TACTIC 2: Work with other departments to review
communication efforts, goals, and structure. Discuss best
practices and emerging trends
SPRING 2024
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CRISIS COMMUNICATION
Goal 1: Enable seamless and real time information sharing during times of disruption
Objective 1: Assess and implement a readiness campaign for crisis communication
Strategy 1: Identify protocols, tools, and training to improve our communication during crisis situations
TACTIC 1: Implement a city-wide program with push
notifications for cross-utilization for traffic and construction
updates
WINTER 2024
TACTIC 2: Develop local crisis communication plan FALL 2024
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MEDIA RELATIONS
Goal 1: Proactively build relationships with journalists and editors
Objective 1: Provide proactive news and public service announcements to achieve coverage
Strategy 1: Regularly distribute releases, photos, and video content related to city programs, services, events,
and businesses
TACTIC 1: Maintain a regular distribution list of media
contacts for print and broadcast media
ONGOING
TACTIC 2: Promote city resources for information about
programs and services to media for access
ONGOING
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MEDIA RELATIONS
Goal: Proactively build relationships with journalists and editors
Objective 1: Provide proactive news and public service announcements to achieve coverage
Strategy 2: Continue to foster proactive communication within the organization regarding possible emerging
issues.
TACTIC 1: Utilize executive team meetings as an internal
forum to exchange information about items of potential
media interest
ONGOING
TACTIC 2: Reach out to department heads and attend
department meetings on upcoming programs, events,
activities, and needs of promotion or potential media
interest
ONGOING OCT 2023 began attending the Public
Works Department meeting
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MEDIA RELATIONS
Goal: Maintain positive working relationships with media
Objective 2: Provide timely and accurate responses to media inquiries and requests for information
Strategy 1: Regularly review media inquiries and respond accordingly
TACTIC 1: Respond to media inquiries within 24-48 hours,
or sooner
ONGOING
TACTIC 2: Centralize media interactions through PIO ONGOING
TACTIC 3: Coordinate responses from subject matter
experts within the city
ONGOING
TACTIC 4: Review media publications for accuracy, and
make suggestions to correct the record, if needed
ONGOING 2023 – Initiated check-ins with local media
to ensure accurate coverage
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Page 22
MEDIA RELATIONS
Goal: Maintain positive working relationships with members of media
Objective 2: Provide timely and accurate responses to media inquiries and requests for information
Strategy 2: Foster good working relationships locally and regionally
TACTIC 1: Provide tips, stories and publish ads with local
media
ONGOING Oct 2023 – Published full page
transportation graphic
Nov 2023 – New resident letter from
former Mayor Julio Martinez
TACTIC 2: Identify opportunities for broadcast and
televised media coverage
ONGOING Oct 2023 – ABC 7 live broadcast showing
of Shadow Creek Park
TACTIC 3: Reach out to local media to discuss special
events, meeting coverage and general information
ONGOING
TACTIC 4: Assess opportunities to host media events,
when appropriate
ONGOING
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Appendix B – Digital Strategy
Page 23
The digital strategy is a plan to utilize digital channels and tools to communicate with the
public and achieve goals as outlined in the plan. This strategy should be used as a
guide for content and frequency for sharing on a per-platform basis that can be
managed by existing staff.
Our Voice
• Professional
• Accurate
• Authentic
• Good-natured and fun
Digital Strategy Matrix
Digital Channel Message Frequency
Main Website • Services, programs, facilities, and event
information
• News, notices, and updates
Weekly
PEG Channel • Council, board, and commission coverage
• PSAs, event, and service information
Weekly meeting
coverage
Internal Newsletter • Staff highlights, event coverage, contests, and
reminders
Monthly
Facebook • News, alerts, updates, events, and goodwill
messaging
5-10 posts/wk
Instagram • Showcase images of community events & updates 7-12 post/week
X • Newsworthy information 2-4 posts/wk
LinkedIn • Agency & employee success
• Recruitment messages
3-6 posts/mo
Nextdoor • Trash and recycling reminders
• Major communication campaigns
• Targeted traffic/road closure alerts
• Invitation to join meetings, volunteer, etc.
6 posts/mo
YouTube • Program PSAs & public meetings coverage 5/mo
City Magazine/Rec
Guide
• City highlights, programs & services Quarterly
Constant Contact • Opt-in service for updates on events & news As needed
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Appendix C – Placeholder Crisis Communication Plan
Page 24
Under development. The expected completion and addition to the Plan is Fall 2024.
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Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Wastewater Reclamation
Kenyon Potter, Principal Engineer
DATE April 2, 2024
SUBJECT: Award of Contract to Synagro West LLC to Provide Sludge Hauling
Services for the W astewater Treatment Plant
Description Award a three-year contract at the rate of $63.37 per ton with an annual
CPI adjustment.
Background and Analysis:
The existing contract with the current sludge hauler expires on April 30, 2024, after a
period of 5 years of service including two 1-year extensions under the terms provided
for in the existing contract. In anticipation of the expiration of the existing contract, the
City issued a request for proposals (RFP) on January 17, 2024, to interested firms
qualified to provide sludge hauling services for the Wastewater Treatment Plant
(WWTP). Six firms submitted proposals. The selection committee evaluated and
ranked the firms based on qualifications and proposed price terms. The two highest
scoring firms were interviewed. Synagro West LLC (Synagro) received the highest
composite score and also had the lowest price per ton of all the proposers.
Synagro was selected to provide sludge hauling services for the WWTP for a three-year
contract with an option to extend for two additional one -year periods, paid at the rate of
$63.37 per ton of sludge which adjusts annually, each July 1, based on CPI . The
agreement includes an early termination clause with forty-five days’ notice and provides
for demobilization costs not to exceed $10,000 (Attachment B).
Fiscal Impact:
The fiscal impact for Sludge Hauling Services for the WWTP is a decrease of 0.6%
($63.74/Ton to $63.37/Ton) beginning May 1, 2024, from account 700 -4050-7068-0000.
This contract is budgeted for in the current fiscal year and will be budgeted for
accordingly in the next fiscal year.
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The cost to prepare this report is estimated at $350.
Recommended Action:
Award a services contract with Synagro West LLC for a term of three years with an
option to extend for two additional years at a rate of $63.37/ton with an annual CPI.
Attachments:
A. Sludge Hauling Services RFP.
B. Proposal by Synagro West LLC dated February 8, 2024.
C. Delegation of Authority by Synagro for Contract Execution.
D. Agreement for Services by Independent Contractor.
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Proposals Due By:
2:00 pm
February 6, 2024
Contact:
Thaxton Van Belle
Director of Water Reclamation TVanBelle@beaumontca.gov
RFP Available:
www.publicpurchase.com
Website:
www.ci.beaumont.ca.us
Address:
550 E. 6th Street
Beaumont, CA 92223
Phone:
951.769.8520
Request for Proposal
For
Sludge Hauling Services for the
Wastewater Treatment Plant (WWTP)
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City of Beaumont Request for Proposal Sludge Hauling Services for WWTP
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Introduction The City of Beaumont (City) is seeking proposals from qualified firms interested in providing Sludge Hauling and Disposal or End-use Services for the City of Beaumont Wastewater Treatment Plant (WWTP). The WWTP is located at 715 W. 4th Street, Beaumont. Qualified firms that submit a proposal will be evaluated in accordance with the requirements defined within this RFP. Upon successful negotiations with the City, the selected firm (Contractor) will provide Sludge Hauling Services for the WWTP as described in this RFP. All services provided by the Contractor shall be performed by individuals who meet the qualifications, education, and certification/licensing requirements for the position. The Contractor shall also have the resources to provide cost effective and timely services to the City.
Background The City of Beaumont was incorporated in November 1912. The City is located in the western portion of Riverside County and is bounded on the west by Calimesa and unincorporated areas, on the north by the unincorporated County areas (Cherry Valley), on the south by unincorporated County areas and the City of San Jacinto, and on the east by the City of Banning. The land area within the City’s boundaries is approximately 26 square miles.
Scope of Services The Scope of Services for Sludge Hauling Services is as follows:
• Provide the City of Beaumont with biosolids hauling and composting, disposal, or other end-use services, including all labor, equipment, materials, and supervision necessary to receive, transport, and unload biosolids received from the City of Beaumont WWTP, located at 715 W. 4th Street, Beaumont, CA 92223. End-use or disposal services must comply with all Federal, State, and local laws including, but not limited to SB1383.
• Supply a Yard Truck for the City to use on-site and sufficient spare trailers for the loading of Biosolids. Alternatively, a tractor-trailer combo and sufficient trailers can be left.
• Contractor to maintain, service, and fuel all supplied equipment to keep equipment safe and operational.
• The City of Beaumont will supply dewatered biosolids from a centrifuge located at
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the WWTP. The material will be dewatered to a minimum of 15% solids and loaded into trailers. Historic tonnages are as follows: 2021: 7600 tons at 18% solids, 2022: 7700 tons at 18% solids, 2023: 9500 tons at 17% solids).
• Dewatered biosolids will be picked up and transported by the Contractor or one of its certified/qualified subcontractors.
• The City of Beaumont WWTP facility operates 365 days a year and has no on-site storage. Typical operations call for one (1) load per day, however, occasional events will call for multiple loads per day until satisfied. A site visit may be conducted by the Contractor in preparation of the RFP and before the RFP due date if the City is notified 48 hours in advance.
Additional Responsibilities The Contractor shall be responsible for completing the specified services in accordance with the City’s Services Agreement (Exhibit A).
Term The term of the agreement shall be determined upon need of services and consistent with the City’s policies. The initial period of the contract is for three years, with two one-year extensions as approved by City Council, subject to agreement terms and the Beaumont Municipal Code.
Proposal Requirements The proposal shall clearly address all of the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized and contain all information as specified below. A. Cover Letter: Maximum of two pages serving as an Executive Summary which shall include an understanding of the scope of services. The RFP shall be transmitted with a cover letter that must be signed by an official authorized to bind the consultant contractually. That letter accompanying the RFP shall also provide the name, title, address, and telephone number of individuals with the authority to negotiate and contractually bind the consultant. The cover letter constitutes certification by the consultant, under penalty of perjury, that the consultant complies with nondiscrimination requirements of the State and Federal Government. An unsigned proposal or one signed by an individual unauthorized to bind the consultant may be
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rejected. B. Introduction/Information: Introduction of the service proposal, including a statement of understanding for the types of services contemplated. Provide a discussion on how the objectives of the scope of services will be accomplished. Provide the name of the firm submitting the proposal, its mailing address, telephone number, and the name of the individual to contact if further information is required. Any participating firms and proposed subcontractors shall be identified and included in the proposal (all subcontractors must be approved by City prior to signing the agreement with City). C. Firm’s Approach: The firm’s approach to delivering the scope of services. Provide a description of the firm’s approach to communicating effectively with City staff and officials, other jurisdictional stakeholders, and the public, to facilitate successful delivery of assigned tasks. D. Firm Profile: Provide a description of the firm, including number of professional personnel, years in business, office location(s), organizational structure (e.g., corporation, partnership, sole practitioner, etc.), areas of particular expertise, etc. E. Location of principal office that will be responsible for the implementation of this contract. F. Key Personnel: Provide a summary description of the key personnel, their roles and responsibilities, and their relevant experience. The proposal must name a project manager. In addition to this summary, full resumes should be provided. G. Three to five references to include: name, address, contact person and phone number of the company, length of time services were provided, and a description of the services provided. In addition, the Financial Adviser shall provide a statement of the most relevant previous financings. H. Scope of Services: Provide a description of the tasks, sub-tasks, and deliverables that will be provided. The Scope of Work Program should be presented in a logical format that can be easily attached to the Professional Services Agreement. I. Cost proposal (including rate schedule) shall be submitted in a separate sealed envelope. J. Any other information which should be considered, such as any special services or customer service philosophy which define your firm’s practice.
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K. The firm will be required to have liability insurance including general liability at a minimum of two million per occurrence, worker’s compensation, commercial vehicle coverage including comprehensive and collision insurance, and contractor’s pollution liability insurance naming the City of Beaumont as additional insured. The proposal shall state whether such insurances will be in force at time of contract execution.
Submittal One (1) bound copy and one (1) color digital PDF copy of the proposal must be submitted no later than 2:00pm, Tuesday, February 6, 2024. Postmarks and faxes are not acceptable. Proposal must be titled “RFP for Sludge Hauling Services for the Wastewater Treatment Plant (WWTP)”. Proposals and questions regarding this RFP shall be directed in writing to: Thaxton Van Belle Director of Water Reclamation City of Beaumont 550 E. 6th Street Beaumont, CA 92223 TVanBelle@beaumontca.gov No postmarked proposals will be accepted. Once submitted, proposals, including the composition of the consulting staff, cannot be altered without prior written consent of the City. All costs associated with preparation of any proposal shall be the sole responsibility of the proposer. Each proposal shall be limited to a maximum of 30 pages (not including resumes), using minimum 12-point font size. Electronic copies of the proposal will not be accepted.
*DUE DATE FOR QUESTIONS IS JANUARY 30, 2024, AT 12:00 PM. All questions and answers will be posted on Public Purchase within one week of the question due date.
Confidentiality Prior to the proposal submittal deadline, all proposals will be designated confidential to the extent permitted by the California Public Records Act. After the proposal submittal deadline, all responses will be regarded as public record and will be subject to review by the public. Any language purported to render confidential all or portions of the proposals will be regarded as non-effective and will be disregarded.
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Amendments to Request for Proposals The City reserves the right to amend the RFP by addendum prior to the final proposal submittal date.
Non-Commitment to City The City reserves the right to reject any and all proposals and to waive informalities and minor irregularities in any proposal reviewed. The City may reject any proposal that does not conform to the instructions provided in this RFP. Additionally, the City reserves the right to negotiate all final terms and conditions of any proposal received before entering into final contract.
Conflict of Interest The Consultant shall disclose any personal or professional financial, business, or other relationships with the City that may have an impact on the outcome of this contract or any resulting project. The consultant shall also list current clients who may have a financial interest in the outcome of this contract.
Proposal Evaluation/Selection The City intends to engage the most qualified consultant available that demonstrates a thorough understanding of the City’s needs. City staff will use the following criteria to evaluate the proposals:
Criteria Points Understanding of the Scope of Services 15 Demonstrated Professional Skill and Credentials 15 Related Experience 15 Approach to Performing this Type of Service 15 Consultant meets all EPA 503 and CA Biosolids Requirements 15 Proposed Fee 25
Total 100
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The City may request a qualification interview with the highest ranked firm(s) prior to determining the final ranking. This selection will be conducted according to the City’s adopted procedures. The City reserves the right to reject any and all proposals.
Exhibits Sample Services Agreement
- - - - - END OF REQUEST FOR PROPOSAL - - - - -
EXHIBITS TO FOLLOW
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EXHIBIT A
Sample Services Agreement
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AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR is made and
effective as of the ____________, by and between the CITY OF BEAUMONT (“CITY”) whose
address is 550 E. 6th Street, Beaumont, California 92223 and ________________________,
whose address is ______________________ (“CONTRACTOR”).
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and
intentions of the parties to this Agreement:
A. CITY desires to engage CONTRACTOR to provide Sludge Hauling Services; and
B. CONTRACTOR has made a proposal (“Proposal”) to the CITY to provide such
services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this
reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance
with, the terms and conditions of this Agreement, and represents and warrants to CITY that
CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications,
personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants
contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written
and shall continue until terminated as provided for herein. Notwithstanding anything in this
Agreement to the contrary, this Agreement shall automatically terminate after Three (3) year(s)
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: All Services shall be performed in the manner and according to the
timeframe set forth in the Proposal. CONTRACTOR designates _________ as
CONTRACTOR’S professional(s) responsible for overseeing the Services provided by
CONTRACTOR.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR’s sole
cost and expense, employ such competent and qualified independent associates,
subcontractors and consultants as CONTRACTOR deems necessary to perform the Services;
provided, however, that CONTRACTOR shall not subcontract any of the Services without the
written consent of CITY.
4. Compensation.
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 _____________ Dollars and
Zero Cents ($XXXXX).
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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 fees charged is consistent with this
Agreement's approved rate schedule;
b. Determination that the multiplication of the quantities 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
that purport to bind the CITY other than the Services to be rendered and the price for the
Services, the terms of this Agreement shall govern and said additional or conflicting
terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all
personnel, materials and equipment required to perform the Services. CONTRACTOR
shall provide its own offices, telephones, vehicles and computers and set its own work
hours. CONTRACTOR will determine the method, details, and means of performing the
Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the
Services by means of regular and frequent consultations. Additionally, when requested
by CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income 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
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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 Documents, plans,
drawings, specifications and/or estimates, the same shall be furnished in conformance
with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses
necessary or applicable to the performance of Services under this Agreement and the
Proposal and shall obtain and keep in full force and effect all permits and approvals
required to perform the Services herein. In the event CITY is required to obtain an
approval or permit from another governmental entity, CONTRACTOR shall provide all
necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment
Eligibility Verification information from CONTRACTOR’s employees, in compliance with
the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and
shall ensure that CONTRACTOR’s employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise
utilizes any CalPERS retirees in completing any of the Services performed hereunder,
such instances shall be disclosed in advance to the CITY and shall be subject to the
CITY’s advance written approval.
5.09 Drug-free Workplace Certification. By signing this Agreement, the
CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of
California that the CONTRACTOR will comply with the requirements of the Drug-Free
Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a
drug-free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal
laws, rules, regulations, entitlements and/or permits applicable to, or governing the
Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health
and safety of its employees and agents in performing the Services under this Agreement and
shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and
agrees to maintain insurance in conformance with the requirements set forth below. Attached
hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by
Section 7.02. If existing coverage does not meet the requirements set forth herein,
CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than
$1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to
have its insurer endorse the general liability coverage required herein to include as
additional insured’s CITY, its officials, employees and agents. CONTRACTOR also
agrees to require all contractors and subcontractors to provide the same coverage
required under this Section 6.
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6.02 Business Auto Coverage in an amount no less than $1 million per
accident. If CONTRACTOR or CONTRACTOR’s employees will use personal autos in
performance of the Services hereunder, CONTRACTOR shall provide evidence of
personal auto liability coverage for each such person.
6.03 Workers’ Compensation coverage for any of CONTRACTOR’s employees
that will be providing any Services hereunder. CONTRACTOR will have a state-
approved policy form providing statutory benefits as required by California law. The
provisions of any workers’ compensation will not limit the obligations of CONTRACTOR
under this Agreement. CONTRACTOR expressly agrees not to use any statutory
immunity defenses under such laws with respect to CITY, its employees, officials and
agents.
6.04 Optional Insurance Coverage. Choose and check one: Required _ /Not
Required _ X _; Errors and omissions insurance in a minimum amount of $2 million per
occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its
employees and/or agents in the performance of any Services for CITY.
7. General Conditions pertaining to Insurance Coverage
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR
from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of
subrogation against CITY regardless of the applicability of insurance proceeds and shall
require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CONTRACTOR
shall furnish CITY with certificates of insurance, endorsements, and upon request,
complete copies of all policies, including complete copies of all endorsements. All copies
of policies and endorsements shall show the signature of a person authorized by that
insurer to bind coverage on its behalf.
7.03. All required policies shall be issued by a highly rated insurer with a
minimum A.M. Best rating of “A:VII”). The insurer(s) shall be admitted and licensed to do
business in California. The certificates of insurance hereunder shall state that coverage
shall not be suspended, voided, canceled by either party, or reduced in coverage or in
limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
CONTRACTOR acknowledges and agrees that that all insurance coverage required to
be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary,
non-contributing basis in relation to any other insurance, indemnity or self-insurance
available to CITY.
7.05 All coverage types and limits required are subject to approval,
modification and additional requirements by CITY, as the need arises. CONTRACTOR
shall not make any reductions in scope of coverage (e.g. elimination of contractual
liability or reduction of discovery period) that may affect CITY’s protection without CITY’s
prior written consent.
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
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not the duty) to monitor the handling of any such claim or claims if they are likely to
involve CITY.
8. Indemnification.
8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and
officials should, to the extent permitted by law, be fully protected from any loss, injury,
damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs,
court costs or any other costs arising out of or in any way related to the performance of
this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth
herein. Accordingly, the provisions of this indemnity are intended by the parties to be
interpreted and construed to provide the fullest protection possible under the law to
CITY. CONTRACTOR acknowledges that CITY would not enter into this Agreement in
the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set
forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall
defend, indemnify and hold harmless CITY, its employees, agents and officials,
from any liability, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses, damages or costs of any
kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by
CITY, court costs, interest, defense costs, including expert witness fees and any
other costs or expenses of any kind whatsoever without restriction or limitation
incurred in relation to, as a consequence of or arising out of, or in any way
attributable actually, allegedly or impliedly, in whole or in part to the performance
of this Agreement. CONTRACTOR’s obligation to defend, indemnify and hold
harmless shall include any and all claims, suits and proceedings in which
CONTRACTOR (and/or CONTRACTOR’s agents and/or employees) is alleged
to be an employee of CITY. All obligations under this provision are to be paid by
CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this
Agreement or this Section, CONTRACTOR shall not be required to indemnify
and hold harmless CITY as set forth above for liability attributable solely to the
fault of CITY, provided such fault is determined by agreement between the
parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil
Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest
extent permitted by California law and in accordance with California Civil Code section
2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers,
employees, trustees and members (“Indemnified Parties”) from any and all actions,
assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities
(legal, administrative or otherwise), losses, notices, expenses, fines, penalties,
proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of
action including, but not limited to those for, injury to property or persons, including
personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of,
pertains to, or relates to the negligence, recklessness, or willful misconduct of
CONTRACTOR, its directors, officials, officers, employees and consultants arising out
of, connected with, or resulting from the performance of the Services, the Project, or this
Agreement. This indemnity excludes liability caused by the negligence or willful
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misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and
defend charged to CONTRACTOR shall not exceed CONTRACTOR’S proportionate
percentage of fault.
9. Additional Services, Changes and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than
those described herein without the prior written approval of the City Manager and/or City
Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and
materials not covered by the scope of this Agreement or authorized by the CITY in
writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance
Director of CITY as soon as reasonably practicable upon gaining knowledge of a
condition, event or accumulation of events which may affect the scope and/or cost of
Services. All proposed changes, modifications, deletions and/or requests for additional
services shall be reduced to writing for review and approval by the CITY and/or City
Council.
10. Termination of Agreement.
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole
option, may terminate this Agreement with or without cause, or for no cause, at any time
by giving twenty (20) days’ written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR
for undisputed Services performed prior to the effective date of such termination shall be
paid within thirty (30) business days after receipt of an invoice as provided in this
Agreement. Immediately upon termination, CONTRACTOR agrees to promptly provide
and deliver to CITY all original documents, reports, studies, plans, specifications and the
like which are in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR’s own way
as an independent contractor, and in pursuit of CONTRACTOR’s independent calling,
and not as an employee of CITY. However, CONTRACTOR shall regularly confer with
CITY’s City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits
afforded to CITY’s employees, including disability or unemployment insurance, workers’
compensation, retirement, CalPERS, medical insurance, sick leave, or any other
employment benefit. CONTRACTOR is responsible for providing, at its own expense,
disability, unemployment, workers’ compensation and other insurance, training, permits,
and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that
it possesses the qualifications and skills necessary to perform the Services under this
Agreement in a competent, professional manner, without the advice or direction of CITY
and that the Services to be rendered pursuant to this Agreement shall be performed in
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accordance with the standards customarily applicable to an experienced and competent
professional rendering the same or similar services in the same geographic area where
the CITY is located. Further, CONTRACTOR represents and warrants that the individual
signing this Agreement on behalf of CONTRACTOR has the full authority to bind
CONTRACTOR to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs,
specifications, data, notes, manuals, warranties and all other documents of any kind or
nature prepared, developed or obtained by CONTRACTOR in connection with the
performance of Services performed for the CITY shall become the sole property of CITY,
and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At
the CITY’s sole discretion, CONTRACTOR may be permitted to retain original
documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY
shall hold all intellectual property rights to any materials developed pursuant to this
Agreement. CONTRACTOR shall not such use data or documents for purposes other
than the performance of this Agreement, nor shall CONTRACTOR release, reproduce,
distribute, publish, adapt for future use or any other purposes, or otherwise use, any
data or other materials first produced in the performance of this Agreement, nor
authorize others to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period not less than four
years following termination of this Agreement, all-time records, accounting records and
vouchers and all other records with respect to all matters concerning Services
performed, compensation paid and expenses reimbursed. At any time during normal
business hours and as often as CITY may deem necessary, CONTRACTOR shall make
available to CITY’s agents for examination all of such records and shall permit CITY’s
agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any
and all previous agreements, either oral or written, between the parties hereto with
respect to the rendering of Services by CONTRACTOR for CITY and contains all of the
covenants and agreements between the parties with respect to the rendering of such
Services in any manner whatsoever. Any modification of this Agreement will be effective
only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or
interest in this Agreement without the prior written consent of CITY. Unless specifically
stated to the contrary in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest
Statements with CITY if required by California law and/or the CITY’s conflict of interest
policy.
13.04 If any legal action or proceeding, including an action for declaratory relief,
is brought to enforce or interpret the provisions of this Agreement, the prevailing party
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will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to
which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the
County of Riverside in the State of California and shall in all respects be interpreted,
enforced and governed under the laws of the State of California. The parties agree that
venue in any litigation between them shall be in Riverside County, California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its
firm has any interest, nor shall they acquire any interest, either directly or indirectly,
which will conflict in any manner or degree with the performance of their Services
hereunder. CONTRACTOR further covenants that in the performance of this Agreement,
no person having such interest shall be employed by it as an officer, employee, agent, or
subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090
et seq. and Section 87100 et seq. of the Government Code relating to conflicts of
interest of public officers and employees. CONTRACTOR agrees that they are unaware
of any financial or economic interest of any public officer or employee of the CITY
relating to this Agreement. It is further understood and agreed that if such a financial
interest does exist at the inception of this Agreement, the CITY may immediately
terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the
requirements of Government Code section 87100 et seq. and section 1090 in the
performance of and during the term of this Agreement.
13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or
through an intermediary) any improper consideration such as, but not limited to, cash,
discounts, services, the provision of travel or entertainment, or any items of value to any
officer, employee or agent of the CITY in an attempt to secure favorable treatment
regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may
immediately terminate this Agreement if it determines that any improper consideration as
described in the preceding sentence was offered to any officer, employee or agent of the
CITY with respect to the proposal and award process of this Agreement or any CITY
contract. This prohibition shall apply to any amendment, extension or evaluation process
once this Agreement or any CITY contract has been awarded. CONTRACTOR shall
immediately report any attempt by any CITY officer, employee or agent to solicit (either
directly or through an intermediary) improper consideration from CONTRACTOR.
13.09 Severability. If any portion of this Agreement is declared invalid, illegal or
otherwise unenforceable by a court of competent jurisdiction, the entire balance of this
Agreement not so affected shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement
to be effective as of the day and year first above written.
CITY: CONTRACTOR:
CITY OF BEAUMONT _____________________________
By: By:
Julio Martinez III, Mayor
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City of Beaumont Agreement #
C24-XX
15
Print Name:
Title:
ATTEST:
By:___________________________
Nicole Wheelwright, Deputy City Clerk
APPROVED AS TO FORM:
By:___________________________
John O. Pinkney, City Attorney
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City of Beaumont Agreement #
C24-XX
EXHIBIT “A”
PROPOSAL
(insert behind this page)
Page 160 of 244
City of Beaumont Agreement #
C24-XX
EXHIBIT “B”
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)
Page 161 of 244
Proposal for
Sludge Hauling Services for the Wastewater Treatment
Plant (WWTP)
to the
City of Beaumont
Submitted on
February 8, 2024
YOUR PARTNER FOR A CLEANER,
GREENER WORLD
Page 162 of 244
435 Williams Court, Suite 100
Baltimore, MD 21220
www.synagro.com
FEBRUARY 8, 2024
Mr. Thaxton Van Belle
Director of Water Reclamation
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Re: Request for Proposals for Sludge Hauling Services for the Wastewater
Treatment Plant
Dear Mr. Van Belle:
Synagro West, LLC (Synagro) is pleased to respond to the City of Beaumont’s RFP for Sludge
Hauling Services. Having been the City’s biosolids management partner previously, Synagro is
eminently familiar with and has demonstrated the organizational capacity to fulfill the
requirements of the scope of work.
Synagro’s mission and core business purpose is focused on the management of municipal
biosolids, including project development, operations, and biosolids product beneficial use
recycling. This focus has resulted in Synagro being North America’s leading provider of high-
quality, cost-effective biosolids management and beneficial use services. We have been
successfully meeting the biosolids management needs of hundreds of generators for more than
40 years. Synagro’s experience in all areas of biosolids management is unparalleled and
diversified.
More than 600 units of local government from across the United States rely on Synagro as their
biosolids management partner. To serve those customers, Synagro has more than 1000 dedicated
employees, providing a deep talent base and understanding of our industry. Our customers are
supported by this unique pool of resources with unparalleled knowledge, skills, and ability in
biosolids management including a Services Group that provides service and manages events
such as digestor and lagoon cleaning, and dewatering including emergency situations. Through
these additional services, Synagro provides a broad foundation of support for our customers.
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Mr. Thaxton Van Belle
February 8, 2024
Page 2
YOUR PARTNER FOR A CLEANER, GREENER WORLD
SB 1383 PROCUREMENT COMPLIANCE
Currently, SB 1383 requires cities and counties (i.e., “Jurisdictions”) to procure annually a
quantity of recovered organic waste products. These procurement requirements will strengthen
California’s green, self-sustaining economy. Demand for these products will drive infrastructure
investment and create new green collar jobs in the state. Cal Recycle has assigned an annual
procurement target to each jurisdiction based on its population. Jurisdictions can cost-effectively
fulfill their SB 1383 procurement requirement with the use of Synagro’s Class A Exceptional
Quality compost.
Jurisdictions can use compost in a variety of applications, such as land used for local agriculture,
landscaping in city parks, golf courses, on center divides of roads and highways, public
giveaways, and in community or school gardens. Additionally, compost can be used in civil
engineering applications like erosion control along roadways. Compost also provides many direct
and indirect benefits when used as a component of systems and treatments designed for:
• Carbon sequestration
• Soil water retention
• Fire remediation
• Storm water management
Local use of compost generated from local organics provides the public with an opportunity to
see the benefit of recycling this material, while also helping replenish nutrients and carbon for
healthy soils on the jurisdiction’s properties. Synagro stands ready with multiple distribution
options for AllGro® compost enabling the jurisdiction to be economically compliant with SB
1383’s procurement requirements.
Synagro acknowledges receipt of Addendum 1 dated February 1, 2024.
We appreciate the opportunity to present our proposal for this important project and look
forward to continuing our successful partnership for the new contract term. Should you have
any questions about our submittal or our approach to the project, please feel free to contact
Robert Ford, Business Development Manager, at 323-843-7265 or via email at
robertford@synagro.com. We look forward to hearing from you soon.
Sincerely,
Emil Kneis
Sales Support Manager
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Proposal for Sludge Hauling Services for the WWTP
1
Synagro West, LLC Proposal for
Sludge Hauling Services for the Wastewater Treatment Plant
B. INTRODUCTION/INFORMATION
Introduction of the service proposal, including a statement of understanding for the types of services
contemplated. Provide a discussion on how the objectives of the scope of services will be accomplished.
Provide the name of the firm submitting the proposal, its mailing address, telephone number, and the
name of the individual to contact if further information is required. Any participating firms and proposed
subcontractors shall be identified and included in the proposal (all subcontractors must be approved by
City prior to signing the agreement with City).
Synagro West, LLC (Synagro) proposes to manage the City’s biosolids by utilizing two of our
established beneficial use regional biosolids composting facilities, Nursery Products as the primary
facility and Arizona Soils as a back-up facility, providing a portfolio of multiple options to ensure
uninterrupted services for the City. All facilities are fully permitted and operational, including Sub-
Class B biosolids and have a demonstrated performance history of 10 to 20 plus years.
Table 1 – Synagro Compost Facility Capacity
Facility Current Capacity in
Wet Tons
Permitted Capacity
in Wet Tons
Utilization %
Nursery Products 348,000 400,000 87%
Arizona Soils 80,000 180,000 44%
Synagro is the proposer for this contract with the City of Beaumont and our required contact
information is provided in the tables below:
Table 2 – Proposer Information
Proposer Name & Address Name of Principles Contact Person
Synagro West, LLC
435 Williams Court, Suite 100
Baltimore, MD 21220
Robert Preston, President &
CEO
Kaivan Desai, Vice President &
Treasurer
Pam Racey, Chief Commercial
Officer
Al Slepian, Secretary
Robert Ford, Business
Development Manager
(323) 843-7265
robertford@synagro.com
Synagro intends to use the following teamed subcontractor for performance of this contract, who
has experience providing transportation services for the City’s biosolids previously for Synagro:
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GIC Transport, Inc.
2055 McKee Road
Bakersfield, CA 93313
Gabriel Cruz, President
(661) 397-0605; gictransport@att.net
Certified Minority Business Enterprise
Service to be provided is transportation of biosolids from the City’s wastewater treatment
facilities to Synagro’s compost facilities.
C. FIRM’S APPROACH
The firm’s approach to delivering the scope of services. Provide a description of the firm’s approach to
communicating effectively with City staff and officials, other jurisdictional stakeholders, and the public, to
facilitate successful delivery of assigned tasks.
Synagro will have a team of six collective experienced members available to support and answer any
daily questions, provide any required reporting information or scheduling, including direct personal
interaction at the City office or facility, including Synagro site visits as required. Synagro will also
provide multiple permitted regional beneficial use compost facilities for management of the City’s
biosolids at our Nursery Products compost facility located in San Bernardino County, 14479 Cougar
Road, Helendale, CA 92342 and Arizona Soils located at 41326 McVey Road, Vicksburg, AZ 85348
D. FIRM PROFILE
Provide a description of the firm, including number of professional personnel, years in business, office
location(s), organizational structure (e.g., corporation, partnership, sole practitioner, etc.), areas of
particular expertise, etc.
Synagro’s mission and core business purpose is focused on the
management of municipal biosolids and organic waste,
including project development, operations, and
biosolids/organics product beneficial use recycling. This focus
has resulted in Synagro being North America’s leading provider
of high-quality, cost-effective biosolids management and
beneficial use services. We have been successfully meeting the
biosolids management needs of hundreds of generators for
more than 45 years. Synagro’s experience in all areas of
biosolids and organics management is unparalleled.
Synagro annually manages over 12 million tons of biosolids and
other organic by-products for more than 650 generators
(including 600 municipal clients). Synagro employs a team of
Synagro’s award as U.S.
Composting Council’s
2010
“Composter of the Year”
and
National Biosolids
Partnership Platinum Level
Certification
Are highlights of the
company’s qualifications
and focus on operational
excellence
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over 1000 professional engineers, soil scientists, agronomists,
construction managers, financial managers and the largest,
most diverse operational staff in the industry. Our team is
dedicated to working with our clients to find the right
solution to their organic residuals management challenges.
Synagro, and its various subsidiaries, have been at the
forefront of the environmental movement to safely process
and beneficially market organic residual materials.
Synagro offers virtually all commercially viable processing options and product marketing channels
for biosolids and organic residuals including:
• Heat drying and pelletization
• Incineration
• Composting (windrow, aerated static
pile, and in-vessel projects)
• Alkaline stabilization
• Digestion
• Dewatering (installation & operation)
• Mobile dewatering
• Land application and reclamation
• Lagoon and digester cleaning
• Rail transportation
• Product marketing
This ability to offer the complete range of composting options is unique to Synagro and allows us to
develop projects that fit a municipality’s individual needs. In addition, this breadth of experience
provides us with an in-depth understanding of biosolids and organics that other companies simply
do not possess.
As the industry leader in providing various forms of project delivery options, we have extensive
experience developing and managing biosolids facility design-build-operate (DBO) and design-build-
own-operate (DBOO) projects. We currently operate nine heat-drying facilities (with our tenth
under construction), three thermal processing facilities, five composting facilities, over a dozen
alkaline stabilization facilities, and approximately 70 permanent and mobile dewatering facilities.
Synagro owns/operates several biosolids beneficial use composting facilities with associated product
marketing programs, including:
• Central Valley Composting (CVC), serving the San Francisco Bay area. CVC is located near
Fresno, CA;
• The South Kern Compost Manufacturing Facility (SKIC), located near Bakersfield, CA and
serving the Southern California Market.
• Nursery Products, located in Helendale, CA and serving the Southern California Market.
• Liberty Compost, located in Lost Hills, CA;
• Arizona Soils in La Paz County, AZ (Phoenix area);
Synagro is the Nation’s
leader in biosolids
composting - processing
over 500,000 tons per
year for beneficial use.
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• City of Auston, Texas, management of the City’s compost material;
• The Charlotte County Bio-Recycling Center, serving the Southern Florida market; and
• Burlington County, New Jersey – Synagro designed, built, and operated for ten years this
regional in-vessel composting facility.
E. PRINCIPAL OFFICE
Location of principal office that will be responsible for the implementation of this contract.
Synagro’s principal office that will be responsible for the implementation of this contract is our
Nursery Products compost facility located at 14479 Cougar Road, Helendale, CA 92342.
F. KEY PERSONNEL
Provide a summary description of the key personnel, their roles and responsibilities, and their relevant
experience. The proposal must name a project manager. In addition to this summary, full resumes
should be provided.
Synagro has a depth of experienced biosolids composting personnel. In addition to the key
personnel listed below, Synagro has many additional experienced engineering, permitting, and
operational employees. Key project individuals on the project are as follows:
Table 3 - Key Personnel Experience
Name & Title Year of
Experience
Area of Responsibility for the Project
Craig Geyer
Regional Vice President
21 Responsible for overall operations of Arizona
and Southern California land application and
compost facility management
Layne Baroldi
Vice President of Legislative &
Regulatory Affairs
36
Regulatory, public relations and legislative
support
Robert Ford
Business Development
Manager
20 Business Development, Customer service,
contract management, and composting
operations management
Venny Vasquez, Facility
Manager – Nursery Products
9
Responsible for overall operations of Nursery
Products Facility and product marketing
Brian Millage, Facility Manager
– Arizona Soils
12 Responsible for overall operations of Arizona
Soils and product marketing
Craig Geyer, Regional Vice President
Craig Geyer joined Synagro in 2002 as an Operations Manager with day-to-day responsibilities of the
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company’s biosolids management projects in Arizona. In 2005, management of Synagro’s Arizona
Soils Compost Facility was added to his role, giving him over 16 years of experience in municipal
biosolids composting. Currently as Regional Vice President Craig is responsible for operations, sales
and technical services in the west region.
Prior to joining Synagro Craig held several construction management and superintendent positions
with 12 years of experience in that field.
Craig holds a Class A General Contractor’s License for the State of Arizona.
Layne Baroldi, J.D., Vice President of Technical Services & Government Affairs
Since joining Synagro in 2009, Layne Baroldi has been responsible for permitting and development
of biosolids treatment and management projects, including political relations, design oversight,
technology review, permitting oversight and contract sales. His expertise and emphasis is on Class A
EQ technologies, including biosolids-to-energy, pelletization and composting.
In Layne’s current role with Synagro, he provides leadership and direction to ensure that Synagro
tracks, evaluates and comments on proposed legislation and regulations that could potentially impact
its customers’ biosolids management service offerings and plant operations. He is also responsible
for Technical Services leadership and coordination ensuring that Synagro’s clients have cost-
effective land base management and value-added environmental services including land sourcing and
permitting; nutrient management planning and mapping; technical support for operational
compliance and product use; logistics and source destination management; regulatory monitoring
and reporting.
Prior to joining Synagro, Layne spent 22 years with the Orange County Sanitation District where he
managed the District’s Biosolids Management and Air Quality programs. He reviewed numerous
biosolids management technologies and made recommendations for contract implementation to the
OCSD Board of Directors. He served as the Agency’s liaison with regulatory agencies and legislative
bodies to provide comments on regulatory and legislative development and environmental
compliance.
Layne holds a B.S. from the University of Southern California in Biological Sciences and is a Juris
Doctor from the Western State College of Law. He is a member of several national and state
organizations and has served on various committees within those organizations. Layne previously
served as Councilman and Mayor of the City of La Habra Heights, California.
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Venny Vasquez, Facility Manager – Nursery Products
Since 2014 Venny Vasquez has been responsible for the day-to-day management of Nursery
Products’ site personnel and operations at the Hawes Composting Facility. He manages staffing,
equipment maintenance, interaction with trucking company representatives, and recordkeeping for
incoming feedstock and outgoing finished compost materials.
Venny has a B.A. of Arts from San Diego State University.
Brian Millage, Facility Manager – Arizona Soils
As Facility Manager for Arizona Soils, Brian Millage is responsible for composting operations and
land application management since 2011 for material processed at the facility and the company’s
Phoenix area land application services. He manages staffing, equipment trucking, incoming
feedstocks, and outgoing compost materials. Mr. Millage previously served as the Technical Services
Specialist for Arizona for five years.
Mr. Millage received a Bachelor of Arts Degree (B.A.) in Geography from California State University
at Fullerton (CSUF) in 1998. Prior to joining Synagro, he provided technical and environmental
assistance on numerous landfill, groundwater and soil remediation projects for Environmental
Consulting and Engineering firms ranging from small projects to municipalities to Superfund sites.
G. PROJECT REFERENCES
Three to five references to include: name, address, contact person and phone number of the company,
length of time services were provided, and a description of the services provided. In addition, the
Financial Adviser shall provide a statement of the most relevant previous financings.
The following are municipal biosolids composting project references for customers where Synagro
has been performing services for the past 10 years or more:
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
Tom Meregillano, Regulatory Specialist; 714-593-7457; tmeregillano@ocsd.com
Years of service with customer: 31 years
Annual contract value (approx.): $4,700,000
South Orange County Wastewater Authority
34156 Del Obispo St.
Dana Point, CA 92629
Jim Burror, Director of Operations; 949-234-5402; jburror@socwa.com
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Years of service with customer: 19 years
Annual contract value (approx.): $3,500,000
City of Fresno
5607 W. Jensen Avenue
Fresno, CA 93706
Ricky Staggs, Chief of Operations; (559) 621-5190; rick.staggs@fresno.gov
Years of service with customer: 15 years
Annual contract value (approx.): $2,750,000
County Sanitation Districts of Los Angeles County
1955 Workman Mill Road
Whittier, CA 90601
Mr. Tom Fang; 562-908-4293; tfang@lacsd.org
Years of service with customer: 15 years
Annual contract value (approx.): $9,100,000
H. SCOPE OF SERVICES
Provide a description of the tasks, sub-tasks, and deliverables that will be provided. The Scope of Work
Program should be presented in a logical format that can be easily attached to the Professional Services
Agreement.
Synagro is proposing to have GIC stage trailers and yard truck to make all required deliveries for
beneficial use composting of the City’s biosolids at Nursery Products compost facility with Arizona
Soils as a backup. Each facility individually has the capacity to process the City’s biosolids. Through
this approach Synagro is offering the City facility diversity, geographic diversity for assurance of
compliant biosolids management. Should Synagro be awarded key daily contacts team information
will be provided along with any other required information by the City.
Nursery Products
Synagro’s Nursery Products Composting Facility is located west of Barstow, approximately 10 miles
west of Hinkley Road, 12 miles east of Kramer Junction, one mile south of State Route 58, and one
mile west of Helendale Road.
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Operational since 2012 and acquired by Synagro in November 2016, our San Bernardino County
facility is located in one of the cleanest air quality management districts (AQMD) in the State of
California, the Mojave Desert AQMD.
The Hawes Composting Facility is a biosolids and green material composting facility located on 80
acres of a 200-acre property owned by Nursery Products within an unincorporated area of the
County. The facility composts biosolids and green material to produce agricultural grade compost.
The feedstock consists of approximately 50% green material from green material collection
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companies and 50% biosolids from wastewater treatment facilities. Compost and other landscape
material is distributed for a variety of uses, including agricultural applications.
Approximately 110 miles east of Los Angeles and permitted to manage 400,000 wet tons of material
per year, this facility is the closest and largest biosolids recycling option for the five largest counties
in California.
Nursery Products provides a strategic benefit as natural clay provides a natural barrier to the
underlying water table. With a geographical location that is naturally advantageous, our open-air
operation has no added costs or expenses of an enclosed facility to control air quality.
Dates and Duration of Project:
Commercial operation: 2012
Contract end date: ongoing
Arizona Soils
The Arizona Soils compost facility is located in La Paz County, Arizona, at 41326 McVey Road,
Vicksburg, AZ 85348. The facility is located on an 80-acre parcel of land with the following legal
description: South ½ of the Northeast ¼ of Section 33, Township 5 North, Range 15 West.
The site is relatively flat, slopes less than 0.5 percent in a general southwest direction, sparsely
populated with desert vegetation and has direct access from State Highway 60 and Interstate 10.
There are several inhabited residences within a 3-mile radius of the site, and surrounding land is used
for grazing. The entire 80-acre parcel is fenced with access control gates to provide security at the
site.
The site is zoned RA-4Q (Rural, Agricultural, Forty Acre Minimum Parcel Size) and in accordance
with the. La Paz County Planning and Zoning Commission, the zoning is appropriate to allow the
site to be used for a composting operation. The distance from the roads surrounding the
composting area to the property line is 250 feet or greater. The on-site well is located >250 feet
from the composting area. The roads (16 feet wide) are compacted all-weather surfaces and were
built a minimum of 4 feet higher than the existing grade. The roads thus act as a perimeter berm to
isolate the composting area. The drainage trench and on-site runoff control trench are constructed
with 2-foot bottoms, 2:1 side slope, trapezoidal cross-sections. All other distances have been
maintained in accordance with local, state and federal regulations.
Arizona Soils is designed to receive up to 26,350 wet tons of biosolids monthly. This is equivalent to
approximately 34 trucks per day, 7 days a week. The operating hours are typically from 4 a.m. to 4
p.m., Monday through Friday. However, the facility can operate 7 days per week, 24 hours per day, if
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necessary. The daily maximum throughput of 850 tons per day shall be averaged monthly, as some
days the facility will receive peak volumes (up to 3,000 tons per day) and some days may receive no
material.
The facility utilizes the standard aerated windrow method of biosolids composting and utilizes
various types of bulking agents (carbon sources) to mix with the biosolids such as green waste, wood
waste, gypsum, agricultural by-products, water treatment by-products, stable bedding, as well as
steer, sheep and chicken manures. These products are blended together and windrow composted to
produce a soil conditioner or low grade fertilizer for agricultural, horticulture; silviculture and
domestic use. The finished compost is sold in bulk and may be sold in bags for beneficial use. Each
bulking agent source is monitored for inorganic (non-compostable) materials.
The finished compost products are tested to ensure quality and stability of the materials. During the
composting process, monitoring of windrow temperature is conducted to ensure pathogen and
vector attraction reduction in accordance with 40 CFR 503 regulations.
Process elements for the composting operation consist of checking and off-loading all incoming
trucks which are delivering biosolids and bulking agents to the compost pads, initial mixing and
formation of the windrows, turning and aeration of the compost piles during the active composting
cycle, monitoring and logging temperature data for each windrow, and the monitoring and
distribution of finished product.
Each bulking agent load is transported to the composting facility from the producer (e.g. packing
plant, feedlot, stable/track, mine, green waste receiving and processing facility or grinding operation)
using tractor/trailer rigs. The bulking agents are placed on the bulking agent storage area and
blended with biosolids as needed, forming windrows. Some bulking agents are further ground on
site in order to achieve an ideal size. Manures and recycled compost are also used as bulking agents.
After the mixture is bulked to approximately 30 to 40 percent solids, the material is formed into
windrows for composting. The composting process is an aerated windrow process with mechanical
mixing equipment for turning. The complete composting process is performed in approximately 3
to 4 weeks. The finished compost is stored in a designated area on-site until sale or distribution.
Quality control testing is performed to ensure the compost meets the pathogen reduction, vector
attraction reduction, and metals requirements associated with the final use of the product in
accordance with 40 CFR 503 regulations. Water is available at the site and is used for dust control
and moisture conditioning of the compost. as needed.
The composted product is marketed by Synagro's Product Sales & Marketing staff and is
transported from the site to customers using tractor/trailer units.
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PROPOSED CONTRACT MODIFICATIONS
Should Synagro be the successful proposer for this contract, we request to discuss and negotiate the
following proposed language changes to the contract terms:
1. Addition of the following language to Section 2.3 – Liquidated Damages:
"Liquidated Damages shall not be imposed if the delay, or failure to perform, is due to or
occasioned by a Force Majeure Event, act of God or circumstance beyond the control of the
contractor."
2. Addition of the following language into Section 15.2 of the form Contract Agreement:
"City and Contractor agree in advance that if the City exercises its discretionary right to
terminate for convenience, the City will pay Contractor for expenses incurred because of
early termination. These expenses include, but are not limited to, recovery of capital
costs, demobilization, employee severance payments and costs to terminate subcontractors
and equipment leases."
3. Modification of Section 16.9 of the Form Sample Contract agreement to include the
following language:
"any act or occurrence beyond its reasonable control, including, but not limited to: fires;
floods; a change in Federal, State, or local law or ordinance; orders or judgments of any
Federal, State or local court, administrative agency or governmental body; change in permit
conditions or requirements; accidents; extreme weather conditions including, for example,
hurricanes, tornadoes, unusually high amounts of precipitation, unusual extremes of
temperature or wind, or unusually extended periods of adverse weather conditions; acts of
war, aggression or terrorism (foreign or domestic); riot, insurrection; equipment failure
(other than due to the inadequate maintenance thereof);"
4. Amendment to Section 4.03 of the Agreement for Services:
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, unless the invoice is accompanied by justification or
reason for unavoidable delay.
5. Addition of Section 6.05, Claims by Provider's Employees:
6.05 Claims by Provider’s Employees. As to any claim made against Synagro, Provider
waives any insulation from liability or immunity from suit with respect to injuries to
Provider’s employees that may be extended to Provider as a result of any payments made by
Provider to such employees or under any applicable worker’s compensation statute or similar
law or judicial decision. Provider hereby indemnifies and holds harmless Synagro from and
against any claims made by any of Provider’s employees, contractors or representatives
working in the course and scope of their employment by Provider unless such claim was the
sole and proximate result of the gross negligence or willful misconduct of Synagro. Synagro
will be held harmless from any worker’s compensation liens incurred from Provider’s
insurance carrier, third party administrator or self-administered, self-insured claims.
6. Addition of Section 8.01 C to the Agreement for Services:
"8.01 C - Parties to the Contract agree in advance that Neither party shall be liable for
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consequential or punitive damages on any claims arising out of the performance or non-
performance of obligations under the Contract. "
7. Amendment to the agreement to include the following language as Section 13.10:
"13.10 - Relief for Force Majeure/Uncontrollable Circumstances; Change in Law
Neither Party shall be liable to the other Party for breach or for failure or delay in the
performance of its obligations hereunder caused by any act or occurrence beyond its
reasonable control, including, but not limited to: fires; floods; strikes (except any strikes
involving a Party’s personnel); a change in Federal, State, or local law or ordinance; orders or
judgments of any Federal, State or local court, administrative agency or governmental body;
change in permit conditions or requirements; accidents; extreme weather conditions
including, for example, hurricanes, tornadoes, unusually high amounts of precipitation,
unusual extremes of temperature or wind, or unusually extended periods of adverse weather
conditions; acts of war, aggression or terrorism (foreign or domestic); riot, insurrection;
equipment failure (other than due to the inadequate maintenance thereof); and acts of
God. It is specifically understood that, without limitation, none of the following acts,
events or circumstances shall constitute an act or occurrence beyond a Party’s reasonable
control: (i) reasonably anticipated weather conditions normal for the region in which the
work is performed or (ii) any failure to pay any sums in accordance with the terms of this
Contract. Whenever the provisions of this Section are believed to apply, the Party relying
thereon shall give prompt notice to the other Party of the circumstances, the basis for
applicability of this Section and the time required to cure such breach or delay. Contractor
shall promptly provide notice of the need, if any, for additional compensation or for
renegotiation of terms in order to mitigate the effects of such event or to comply with a
change in law or regulation or interpretation thereof. Contractor shall be entitled to
additional time and compensation if such event delays performance into a season different
from that assumed when this Contract was executed. Contractor and City shall use
reasonable best efforts to agree on appropriate mitigating actions under the circumstances.
Page 178 of 244
Cost Proposal for
Sludge Hauling Services for the Wastewater Treatment
Plant (WWTP)
to the
City of Beaumont
Submitted on
February 8, 2024
YOUR PARTNER FOR A CLEANER,
GREENER WORLD
Page 179 of 244
YOUR PARTNER FOR A CLEANER,
GREENER WORLD
Proposal for Sludge Hauling Services for the WWTP 1
Synagro West, LLC Cost Proposal for
Sludge Hauling Services for the Wastewater Treatment Plant
COST PROPOSAL
Synagro proposes to manage the City’s biosolids for the following price:
Rate Unit Service
$63.37 Per Wet Ton Compost dewatered biosolids from the City of Beaumont WWTP
at Synagro’s permitted composting facility based on a 24-ton
minimum load per trailer.
Should Synagro be the successful proposer for this contract, we request including the addition of the
following completed indexed CPI and Fuel Surcharge adjustments to the conract:
Proposed Methods
CPI. All Agreement Prices shall be adjusted as follows:
All Agreement Prices shall be adjusted annually beginning on _____ __, 20__ based on the Non-Seasonally Adjusted
Consumer Price Index established by the United States Department of Commerce, Bureau of Labor Statistics, for
______________________________________ with the CPI immediately preceding the Commencement Date being the base
index. Said adjustment shall apply to all fees contained herein, and shall be based on the following formula:
New Price = (Price Adjustment) x First Year Agreement Price
Current CPI - Base CPI
Price Adjustment = 1 + (---------------------------------)
Base CPI
CPI = ______________________.
Base CPI = ______________________.
Once the CPI is available, the price adjustment shall take effect retroactively, where applicable, as of the dates specified above
for price adjustments. No New Price shall ever be lower than any existing current Agreement Price in effect immediately before
the annual adjustment.
Page 180 of 244
YOUR PARTNER FOR A CLEANER,
GREENER WORLD
Proposal for Sludge Hauling Services for the WWTP 2
Fuel Surcharge Adjustment
All Agreement Prices shall be adjusted monthly for a fuel surcharge (“Fuel Surcharge Adjustment”) to reflect any increased
change in diesel fuel prices, in accordance with the table below, if the cost of retail on-highway diesel fuel (Department of
Energy, Energy Information Administration – ____________) is at, or exceeds, $____________ per gallon (Base Price).
The Fuel Surcharge Adjustment will be based on the following chart and the Retail On-Highway Diesel Price – ___________
as published by the U.S. Department of Energy’s Energy Information Administration for _________________________ and will
be applied to the then current fixed or unit fee, as applicable. The Fuel Surcharge Adjustment will be no more than once a
calendar month beginning with the second calendar month following the Commencement of Services and shall be adjusted as
of the first day of each month. Fuel Surcharge Adjustment will then be applied as follows:
Diesel Price $/Gallon -
Note1
Fuel Surcharge
Adjustment %
< $(Base Price) None
Base Price to Base Price plus
$.049
0.5 %
Base Price plus $0.05 to
Base Price plus $0.099
1.0 %
Base Price plus $0.1 to Base
Price plus $.0149
1.5 %
For each $0.05/gallon increase thereafter add 0.5%
EXAMPLE:
Base Price = $3.01 / Gallon
Diesel Price $/Gallon -
Note1
Fuel Surcharge
Adjustment %
≤ $3.00 (Base Price) None
$3.01 - $3.049 0.5 %
$3.05 - $3.099 1. %
$3.10 - $3.149 1.5 %
Note 1 - Fuel Rate based on DOE EIA monthly retail on-highway diesel prices (______)
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Page 193 of 244
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE April 2, 2024
SUBJECT: City of Beaumont Travel Expense and Reimbursement Policy
Description Review the draft updated Travel Expense and Reimbursement Policy and
provide staff feedback.
Background and Analysis:
In 2015, City Council adopted a Travel Expense and Reimbursement Policy for all
elected and appointed officials. The policy was a step towards the acknowledgement of
prudence when spending public funds and providing transparency for costs related to
the performance of official duties. The policy has also been followed by all City staff as
a guideline. Pursuant to City Council direction the policy was brought back in July 2018
for review and no changes were made.
Staff initiated a review and update to the policy in 2023 in conjunction with the Cal Card
Policy and other new financial policies. Requirements outlined in California
Government Code sections 53232 through 53232.4 were followed in developing the
adopted policy.
On January 22, 2024, the Financial and Audit Committee reviewed the amended policy
and did not recommend any additional changes. Legal has also reviewed the policy.
Fiscal Impact:
These policy changes will not result in additional fiscal impact. The estimated cost to
prepare this staff report is $515.
Recommended Action:
Review the proposed policy and recommend any modifications and/or approve the
Travel Expense and Reimbursement Policy.
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Attachments:
A. Travel Expense and Reimbursement Policy.
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City of Beaumont
Travel Expense and Reimbursement
Policy
Adopted:
April 2, 2024
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Table of Contents
PURPOSE .................................................................................................................................................. 3
SCOPE ....................................................................................................................................................... 3
DEFINITIONS ............................................................................................................................................ 4
PROCEDURES FOR TRAVEL REIMBURSEMENTS ............................................................ ........................... 4
A. Travel Forms .................................................................. ............................................................. 4
1. Travel Authorization and Expense report forms…………………………………..…….......................... 4
B. Authorized Expenses .................................................................................................................. 5
C. Unauthorized Expenses ....................................................................................... ...................... 6
D. Family Member/Guest Travel………………………………………………………………………………………………… 6
E. Transportation........................................................................................................ ..................... 6
1. General Rules ........................................................................................................................... 6
2. Air Travel .................................................................................................................................. 7
3. Automobile .............................................................................................................................. 8
4. Travel Advance …………………………………………………………………………………………………………………….. 9
F. Lodging for Travel ......................................................................................................................... 9
1. Use of Sponsor Group Rate Where Available ......................................................................... 9
2. Allowable Alternatives When Sponsor Group Rate Not Available ........................................ 9
G. Meals Expenses ........................................................................................................................... 10
H. Final Accounting ............................................................................................................ ............. 10
I. Audit of Reimbursement ............................................................................................. ............... 11
J. Reports to the City Council ...................................................................... ................................... 11
K. No Show and Late Cancellation Fees……………………………………………………………………………………… 11
L. Compliance with Laws ....................................................................................... ........................ 11
M. Policy Violations ........................................................................................................................... 11
N. Discretion ……………………………………………………………………………………………………………………….. 12
Addendum A: Procedures for COB Form #15-02…………………………………………………………………………….… 13
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3
PURPOSE
The purpose of this policy is to clearly delineate and establish guidelines for the
expenditure of public funds for authorizing attendance, travel, and reimbursement of
expenses for all Elected Officials and Appointed Officials, commissioners, City employees
and volunteers when traveling on official City business.
The City hereby expressly acknowledges funds are to be expended for legitimate public
purposes only. All funds received by the City are considered public funds and therefore it is
the City’s responsibility to wisely administer limited public resources and to expend them
only when there is a substantial benefit to the City and its residents. Accordingly, it is the
intent of the City of Beaumont to ensure business travel expenses are in the best interest of
the public and an appropriate use of taxpayer funds.
This policy supersedes all other previous travel policies.
SCOPE
It is periodically necessary for Elected Offcials and Appointed Officials, commissioners, City
employees and volunteers to attend business related meetings, conferences, educational
seminars, and professional development trainings sessions. In participating in travel
outside of the workplace, travel costs can vary considerably as there are various modes of
transportation, various options for lodging and relative price fluctuations among different
geographic locations. This policy is designed to control costs associated with necessary
travel and establish procedures for uniformity and fair payment of expenses while traveling
on City business.
This policy shall apply when the City of Beaumont Elected Offcials or Appointed Officials,
commissioners, employees, and volunteers are representing the City of Beaumont in their
official capacity on approved City business. This policy conforms to the requirements of
California Government Code sections 53232 through 53232.4.
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DEFINITIONS
For purposes of this policy, the following definitions shall apply:
A. “Appointed Official” means any official appointed by the City Council of the City
of Beaumont to serve on any entity or body duly created by the City Council.
B. “City” means the City of Beaumont.
C. “Elected Official” means each member of the City Council, the Mayor, the City
Clerk, and the City Treasurer.
D. “Commuter Travel” means travel to any conference, meeting, educational
seminar, event, or activity that occurs within a 50-mile radius of the City of
Beaumont and does not include an overnight stay.
E. “Resident Travel” means travel to any conference, meeting, educational seminar,
event or activity that occurs beyond a 50-mile radius of the City of Beaumont and
includes a minimum of one night away from the Traveler’s primary residence.
F. “Traveler” for the purposes of this policy shall mean an Elected or Appointed
official, commissioners, city employees, and volunteers who is attending a
meeting, conference, seminar, event or activity as an approved representative of
the City of Beaumont.
G. “Coach” means lowest airfare of the airline, i.e. economy, at the time of booking.
H. “GSA” means U.S. Government Services Administration
PROCEDURES FOR TRAVEL REIMBURSEMENTS
A. Travel Forms
1. City of Beaumont Travel Authorization and Expense report form (COB
Form #15-02). (See Addendum A: Procedures for COB Form #15-02).
Beaumont Police employees shall use BPD Form 07-04. City of Beaumont
Travel Authorization Form - PD
All Elected and Appointed officials, commissioners, City employees and
volunteers shall complete a Travel Authorization and Expense Report form (No.
15-02) or BPD Form 07-04 prior to travel arrangements being made. This form
shall be used to receive travel authorization and to claim reimbursement for
authorized travel expenses. The form is designed to do the following:
1. Estimate Cost of Travel
2. Acquire initial approval for the proposed travel.
3. Identify proper accounting and budget information to account for the travel.
4. Report the actual, allowable, and documented costs of travel.
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All expenses for the trip must be shown on the Travel Authorization Form. Reimbursement
shall generally be limited to incidental fees associated with said pre-approved travel
including, but not limited to, conference or meeting fees, mileage at current IRS rate, toll
charges, parking fees, airline ticket fees (economy, or Coach fares), one piece of checked
baggage, rental car/tax/rideshare – uber/lyft, shuttle fees, hotel costs based on current IRS
rates, per diem based on GSA rates, and incidental expenses as noted above.
At the discretion of the Finance Director or Administrative Services Director. Cal-Cards may
be used to pre-pay for authorized travel expenses such as:
1) Lodging – hotel at GSA or conference rate
2) Conference and training registration fees
3) Airline fees at Coach-economy rate, including ONE checked luggage.
The traveler shall not use city Cal-Cards for personal expenses, even if the intent is to
reimburse the City later. Charging personal expenses on City purchase cards is a misuse of
City funds and a severe breach of the City’s ethics policy. Doing so may result in disciplinary
action, up to and including termination.
B. Authorized Expenses
All travel outside of regular meetings of an appointed position (e.g. RCTC and
WRCOG) shall require pre-approval by the City Council. Public funds will not be
used for any expense that does not clearly benefit the City of Beaumont.
Expenses incurred by traveler in connection with the following activities or
events constitute authorized and reimbursable expenses, provided that the
following requirements of this policy are also met:
1. Communicating or meeting with representatives of Regional, State or Federal
agencies and entities on policy positions expressly adopted by the City
Council;
2. Participating in Regional, State and Federal organizations whose activities
directly affect and enhance the City’s interests (e.g., League of California
Cities);
3. Attending City-sponsored or endorsed events as directed by the City Council;
4. Meeting to implement a strategy approved by the City Council for attracting
or retaining businesses already established in the City.
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C. Unauthorized Expenses
The following expenditures incurred by Traveler in the course and scope of their
official duties shall not be reimbursed:
1. Any personal portion of a trip;
2. Costs associated with any political or charitable event;
3. Expenses associated with entertainment, including but not limited to, theater
events, movies (including in-room viewing), sporting events, and personal
recreation, such as golfing, spa treatments, and fitness workouts at a gym,
optional tours, banquets or other activities not related towards professional
development offered through the conference, but as an additional cost to
registration are solely at the discretion of the employee and considered
personal expense;
4. Non-mileage personal automobile expenses, including but not limited to
repairs, insurance, gasoline, traffic citations and;
5. Any personal losses incurred while on City business.
D. Family Members or Guest Travel
The City shall not pay for the travel expenses of family members or guests. If
family members or guests accompany an individual on City-paid travel,
arrangements must be made for separate billing of family members by the
employee/Elected Official.
E. Transportation
1. General Rules
a. To conserve City resources and keep expenses within community
standards for all Elected and Appointed officials, commissioners,
employees and volunteers, expenditures shall adhere to the guidelines set
forth in this policy. If expenses are incurred that exceed these guidelines,
the cost reimbursed by the city shall be limited to the expenses that fall
within the guidelines.
b. All travel on city business shall be planned to provide the most
economical mode and class of transportation reasonably available, using
the most direct and time-efficient route. Reasonable travel modes include
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airline, city or personal vehicle, commuter trains, shuttles, or
rideshare/taxis.
c. Traveler shall travel using government and group rates where available.
d. Except as provided below, travel expenses shall be reimbursed only for
those days spent on City business. Accordingly, allowable expenses
generally are those incurred for the days on which conference/event
activities are scheduled. Extending trips for personal travel may be
authorized at the Traveler’s expense including, but not limited to,
increased transportation costs, if applicable.
e. Only if circumstances prevent reasonable hours of travel, expenses may
be reimbursed for resident travel days not to exceed one day before and
one day after the event. Reasonable hours are defined as between 5:00
a.m. and 11:00 p.m. Reimbursement for more than one day of travel to or
from the destination must be approved in advance by the approving
authority.
2. Air Travel
a. Whenever possible, travel arrangements should be made in advance to
take advantage of discount plans.
b. The City will only reimburse Coach or equivalent air fare. Priority
boarding shall be allowed so that Travelers can sit together.
c. The City will reimburse the regular cost of one “checked bag” if charged
by the airline and the Traveler is staying more than one night at their
destination. This expense is to be reported on the travel form under
incidentals.
d. Any changes in flight status will require approval before the changes to
the flight, wherein the city incurs additional costs due to the change.
e. Appointed Offcials and Elected Officials, and City employees are not
authorized to utilize any flight reward credits (ie. Delta sky miles, United
Mileage plus, American airlines AAdvantage etc.) awarded from official
travel for personal use.
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3. Automobile
a. City Vehicle
A city vehicle should always be used first and shall be used for all
business travel whenever possible and shall only be used for official city-
related business.
(1) If more than one person is going to a conference/training, the same
mode of transportation should be used.
b. Use of Personal Vehicle
A personal vehicle shall be used when the Traveler receives a vehicle
allowance, or a City vehicle is not readily available to the Traveler. Prior
approval of a personal vehicle is required. If the Traveler is approved to use a
personal vehicle, reimbursement for use of personal vehicle will be made at
the current rate set by the Internal Revenue Service (IRS) for actual business
mileage traveled. Mileage is paid for the distance directly to and from your
destination only. If you are departing for your destination from your home
address, your starting point will be your place of employment or your home
address, whichever is the lesser mileage amount.
A traveler seeking approval of a personal vehicle must provide proof of valid
car insurance before being approved to do so.
In instances where more than one employee is attending the same event,
employees may choose to travel together in which case, mileage
reimbursement will be for one vehicle only.
a. Rental Vehicles
Rental vehicles should only be used at the final destination of the trip.
Example: training/conference held out of state and rideshare to and from
airport is not available. When rental vehicles are required and used, the least
expensive vehicle practical will be used. The Traveler will inform the
approving authority of the rental vehicle in advance to ensure the most
economical and reasonable vehicle is being used.
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4. Travel Advance
The only payment that will be made to employees in advance will be for IRS per
diem, bridge toll, and mileage. A per diem check shall be issued no earlier than
30 days prior to travel at GSA rate with no receipts required after.
F. Lodging for Travel
Only conferences outside of 50 miles, from work or home, whichever is less, qualify
for overnight stay/lodging.
*Exemption: In certain circumstance with City Manager approval, if the
Traveler(s) is/are a board/voting member or part of a planning committee
wherein staying overnight is advantageous to the wellbeing of the Traveler(s)
because their responsibilities or conference participation extend before and
after the meetings.
1. Use of Sponsor Group Rate Where Available
Resident Traveler shall be reimbursed for the reasonable cost of single
occupancy accommodation. The lodging expenses must not exceed the
maximum group rate published by the conference or activity sponsor, if
lodging at the group rate is available at the time of booking.
2. Allowable Alternatives When Sponsor Group Rate Not Available
a. Comparable Lodging at Government and Group Rate.
If lodging at the published group rate offered by the sponsor is not
available at the time of booking, the Traveler shall be reimbursed for the
costs of lodging comparable in location and quality. Comparable lodging
must be reserved at the government or group rate offered by the provider
of lodging. To obtain a list of hotels offering government rates in various
areas, refer to the State of California’s travel website
(http://www.catravelsmart.com/lodguideframes.htm).
b. Internal Revenue Service Rates.
If government or group rates are not available from the provider at a
given time or area, lodging rates that do not exceed the IRS per diem rate
for a given area are presumed reasonable and hence reimbursable.
Current rates can be found at www.gsa.gov/perdiem.
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0
G. Meals Expenses
1. Meal allowance will be based on IRS publication 1542, as may be amended
from time to time, which includes tax and gratuity. Only meals falling within
the travel time will be reimbursed.
For calculation of meal and incidental (M&EI) expenses allowance, the
following percentages apply to the established General Services
Administration (GSA) IRS/City rate, www.gsa.gov/, depending on the City
traveled.
Breakfast 20%
Lunch 30%
Dinner 45%
Incidentals 5%
Gratuity 18%
2. The City will not reimburse for the purchase of alcoholic beverages.
3. Meals included in registration costs or hotel fees cannot be claimed for
reimbursement.
4. No room service charges allowed.
H. Final Accounting
Accounting for meetings, training and travel activity should be done as soon as the
event concludes but no later than thirty (30) business days after returning to the
City. Receipts and documentation are required where per diem reimbursement is
not permitted. Receipts shall indicate the following:
a. The amount of the expenditure
b. The date and place of the expenditure.
c. The business purpose of the expenditure.
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1
I. Audit of Reimbursement
All expenses are subject to verification and policy compliance.
J. Reports to the City Council
When requested, Traveler shall provide a brief report to Council on meetings and
conferences they have attended at City expense. If multiple Travelers attended
the same event, they may make a joint report. Travelers should confer with the
City Attorney regarding legal issues that may arise under the Brown Act when
they prepare and present joint reports.
K. No Show and Late Cancellation Fees
In situations where an approved Traveler does not attend a conference, seminar
or general business meeting and costs are incurred for that event (e.g.
conference fees, prepaid hotel charges, airline charges etc.) Traveler shall make
every effort to ensure any all fees prepaid by the City are refunded to the City.
The approved Traveler shall seek refunds for costs such as hotel cancellation and
airline charges. A written explanation addressing the reason(s) Traveler was
unable to attend shall be attached to the Travel Authorization and Expense
report form documenting the expenses incurred and shall be subject to City
Manager approval prior to any reimbursement.
L. Compliance with Laws
Traveler should be aware that some expenditures may be subject to reporting
under the Political Reform Act and other laws. In addition, all agency
expenditures are public records and may be subject to disclosure under the
Public Records Act.
M. Policy Violations
Violations of this policy, including falsifying expense reports, may result in any or
all of the following: (1) loss of reimbursement privileges; (2) a demand for
restitution to the City; (3) reporting the expenses to state and federal tax
authorities as income to the Traveler; (4) civil penalties of up to $1,000.00 per
day and three times the value of the resources used; and (5) criminal
prosecution for misuse of public resources. Government Code, Section 53232.4.
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N. Discretion
This policy does not claim to have addressed all contingencies and conditions. Any
necessary and reasonable expense that may be from time to time justified due to
circumstances or opportunities benefiting the City of Beaumont will be honored
upon authorization by the approving authority, the Mayor for City Council, and
the City Manager for all city employees. Those expenses will be reimbursed to the
employee with adequate documentation and justification.
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3
Addendum A: Procedures for Completing form COB Form #15-02
The Finance Director and Administrative Services Director designated this form as the
appropriate travel reporting form to report travel expenses and reimbursements. Prior to
travel, the Travel Authorization and Expense Report Form must be completed, signed by
the traveler and by the approving authority, and submitted to the Finance department
along with the relevant information and substantiation of anticipated expenses.
Substantiation of expenses shall include:
A. Conference or event registration form, outlining fees
B. Estimate of mileage calculator
C. Airline pre-confirmation print-out
D. Anticipated Lodging Costs
E. Meal Costs
F. Car Rental Fees
G. Estimate of Other/Misc expenses
On return from travel, the Travel Authorization and Expense Report Form shall be
completed, signed by the traveler and approving authority, and submitted to the Finance
department within 30 business days of the travelers return from travel status. The travel
authorization and expense report form must be submitted with all relevant information (ie.
receipts).
• Loss Documentation and Receipts
- If supporting documentation or receipts cannot be located, the traveler
shall address a memorandum to the Finance Director and Administrative
Services Director providing a full explanation for losing the receipt,
including an explanation of receipt information such as place of business,
amount, date, description of item etc.
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Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE April 2, 2024
SUBJECT: Contracts for Special Counsel Services
Description Review contract extensions and new contracts for special counsel
services.
Background and Analysis:
On February 6, 2018, City Council accepted proposals and authorized the City Manager
to execute contracts with these firms to be utilized on an as needed basis. Each
contract had an original term of one year, and on March 5, 2019, Council authorized
another extension that expired in 2023.
Staff is proposing to renew the following contracts for a period of two years and add the
option to continue on a month-to-month basis subject to renewal or extension by the
City.
Saff recommends an extension of the term for the following firms:
1. Burke, William & Sorenson, LLP – Based on their experience with eminent
domain, tort defense and Public W orks cases.
2. Liebert Cassidy Whitmore – Based on their experience and reputation as it
relates to labor relations.
3. Manning & Kass – Based on their experience working with police defense and
high-profile exposure cases.
Staff requests authorization for one additional contract for outside special counsel.
Somach Simmons and Dunn Law were located with the help of the City Attorney’s office
for their recycled water specialty, specifically for assistance with the change of use
petition and environmental process.
Fiscal Impact:
1. Burke, William & Sorenson, LLP – Based on their experience with Eminent
Domain, Tort defense and Public Works cases. Specialty legal rates range from
$175 - $400 per hour.
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2. Liebert Cassidy Whitmore – Based on their experience and reputation as it
relates to Training, Labor and Human Relations as well as the renowned training
programs available. Specialty legal rates range from $240 - $425 per hour.
3. Manning & Kass – Based on their experience working with Police Defense, high-
profile, high expose cases as well as past experience working with this firm.
Specialty legal rates vary by case.
4. Somach Simmons & Dunn Law – Based on a specialized with change petitions
and environmental processes related to recycled water. Specialty legal rates
range from $160 - $570 per hour.
Any and all contract costs would be allocated from either the General Fund Risk
Department, Related Mitigation Fund, Transit or Wastewater Contractual Services
depending on the nature of the litigation.
Recommended Action:
Authorize the City Manager to execute contracts with the following four (4) firms:
1) Burke, William & Sorensen, LLP
2) Liebert Cassidy Whitmore
3) Manning & Kass
4) Somach Simmons & Dunn
Attachments:
A. Burke, William & Sorensen, LLP Contract
B. Liebert Cassidy Whitmore Contract
C. Manning & Kass Contract
D. Somach Simmons & Dunn Contract
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9641470.2 LC001-009
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of LIEBERT CASSIDY
WHITMORE, A Professional Corporation (“Attorney”), and the CITY OF
BEAUMONT, A Municipal Corporation (“City”).
1. Conditions
This Agreement will not take effect, and Attorney will have no obligation to
provide services, until City returns a properly signed and executed copy of this
Agreement.
2. Attorney’s Services
Attorney agrees to provide City with consulting, representational and legal
services pertaining to employment relations matters, including representation in
negotiations and in administrative and court proceedings, as requested by City or
otherwise required by law.
3. Fees, Costs, Expenses
City agrees to pay Attorney the sums billed monthly for time spent by Attorney in
providing the services, including reasonable travel time.
The current range of hourly rates for Attorney time is from Two Hundred Forty to
Four Hundred Twenty-Five Dollars ($240.00 - $425.00). See Schedule I for a full Fee
Schedule. Attorney reviews its hourly rates on an annual basis and, if appropriate,
adjusts them effective July 1. Attorney will provide the City with written notification of
any adjustment in the range of rates. Attorney bills its time in minimum units of one-
tenth of an hour.
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9641470.2 LC001-009
For Litigation Matters
See Schedule II attached for a description of Attorney’s Litigation and E-
Discovery Management.
Other Expenses
City agrees to reimburse Attorney for necessary costs and expenses incurred by
Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($0.15)
per page. See Schedule I attached.
Payment by City against monthly billings is due upon receipt of statements, and is
considered delinquent if payment is not received within thirty (30) days of the date of the
invoice.
4. Professional Liability Insurance
The California Business & Professions Code requires us to inform you whether
we maintain errors and omissions insurance coverage applicable to the services to be
rendered to you. We hereby confirm that the firm does maintain such insurance
coverage.
5. Arbitration of Professional Liability or Other Claims
Disputes. If a dispute between City and Attorney arises over fees charged for
services, the controversy will be submitted to binding arbitration in accordance with the
rules of the California State Bar Fee Arbitration Program, set forth in California Business
and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel
shall have the authority to award to the prevailing party attorneys’ fees, costs and interest
incurred. Any arbitration award may be served by mail upon either side and personal
service shall not be required.
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If a dispute arises between City and Attorney over any other aspect of the
attorney-client relationship, including, without limitation, a claim for breach of
professional duty, that dispute will also be resolved by arbitration. It is understood that
any dispute as to any alleged breach of professional duty (that is, as to whether any legal
services rendered under this agreement were allegedly unnecessary, unauthorized,
omitted entirely, or were improperly, negligently or incompetently rendered) will be
determined by submission to arbitration as provided by California law, and not by a
lawsuit or resort to court process except as California law provides for judicial review of
arbitration proceedings. Both parties to this agreement, by entering into it, are giving
up their constitutional right to have any such dispute decided in a court of law
before a jury, and instead are accepting the use of arbitration. Each party is to bear
its own attorney’s fees and costs.
6. File Retention
After our services conclude, Attorney will, upon City’s request, deliver the file for
the matter to City, along with any funds or property of City’s in our possession. If City
requests the file for the matter, Attorney will retain a copy of the file at the City’s
expense. If City does not request the file for this matter, we will retain it for a period of
seven (7) years after this matter is closed. If City does not request delivery of the file for
this matter before the end of the seven (7) year period, we will have no further obligation
to retain the file and may, at our discretion, destroy it without further notice to City. At
any point during the seven (7) year period, City may request delivery of the file.
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7. Assignment
This Agreement is not assignable without the written consent of City.
8. Independent Contractor
It is understood and agreed that Attorney, while engaged in performing the terms
of this Agreement, is an independent contractor and not an employee of City.
9. Authority
The signators to this Agreement represent that they hold the positions set forth
below their signatures, and that they are authorized to execute this Agreement on behalf
of their respective parties and to bind their respective parties hereto.
10. Term
The term of this Agreement shall run April 1, 2024 to June 30, 2026 (the “Term”).
LCW shall be subject to an annual evaluation by the City Council. Upon the expiration of
the Term, this Agreement shall continue on a month-to-month basis, subject to renewal or
extension by City.
LIEBERT CASSIDY WHITMORE, CITY OF BEAUMONT,
A Professional Corporation A Municipal Corporation
By: ________________________ By: _______________________
Name: ______________________ Name: _____________________
Title: _______________________ Title: ______________________
Date: _______________________ Date: ______________________
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SCHEDULE I – FEES & COSTS
1. Hourly Rates (As of Agreement Effective Date)
Partners $425.00
Senior Counsel $355.00
Associates $240.00 - $335.00
Labor Relations/HR Consultant $270.00
Compensation, Classification & Labor $200.00
Relations Senior Analyst
Paralegals $145.00
E- Discovery Specialists $145.00
Law Clerks $145.00 - $185.00
Hourly Rates (Effective as of July 1, 2024)
Partners $435.00
Senior Counsel $365.00
Associates $260.00 - $345.00
Labor Relations/HR Consultant $280.00
Compensation, Classification & Labor $200.00
Relations Senior Analyst
Paralegals $145.00
E- Discovery Specialists $145.00
Law Clerks $145.00 - $185.00
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Hourly Rates (Effective as of July 1, 2025)
Partners $450.00
Senior Counsel $375.00
Associates $270.00 - $360.00
Labor Relations/HR Consultant $290.00
Compensation, Classification & Labor $210.00
Relations Senior Analyst
Paralegals $150.00
E- Discovery Specialists $150.00
Law Clerks $150.00 - $195.00
2. COSTS
1. Photocopies $0.15 per copy
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SCHEDULE II
LCW LITIGATION and E-DISCOVERY MANAGEMENT
LCW is committed to using state-of-the-art technology to efficiently manage and
harness electronically-stored information (“ESI”) in compliance with Federal and State
law requirements. LCW partners with an outside managed services provider to provide
Relativity, the industry leading e-discovery software, for this purpose. The cost for each
matter will depend on the volume and format of the data. For non-complex data up to 50
gigabytes, LCW charges a monthly fee of $450 on all active litigation matters for data
management, including data validation and security, ingestion, de-duplication, culling
and streamlining, and creation of Relativity fields for expedited review. For data of 50
gigabytes and over and for complex data requiring specialized services (e.g., payroll data,
spreadsheets with underlying formulas, video, advanced searches, etc.), additional
charges are incurred and are passed through to the client. For such charges, we will
provide an itemized bill from our managed services provider and obtain client approval
prior to incurring the charges.
Litigation Case Staffing
LCW has organized its litigation practice to meet the challenges of today’s
complex litigation cases. We employ a dedicated Litigation Manager – a non-billing
attorney litigator – whose responsibility is to monitor all litigation cases to ensure quality,
efficiency, and adherence to client and firm litigation guidelines. Each litigation case is
staffed with a Partner, an Associate (or Associates, as required and as approved by the
Client), a Paralegal and an E-Discovery Specialist. Our E-Discovery Specialists have
extensive experience in the efficient management of electronic data through every stage
of the e-discovery life cycle, and they strategize with attorneys and clients on effective
ESI protocols. This makes the document review process more efficient and enables our
attorneys to target the most relevant data to meet litigation objectives. Working with our
e-discovery managed services provider, we are able to provide state-of-the-art data
processing and hosting services at below-market rates.
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07453-0000 4895-2127-2494 v1
Direct No.: 951.801.6625
Our File No.: 07453.0000
evail@bwslaw.com
Los Angeles –Inland Empire –Marin County –Oakland –Orange County –Palm Desert –San Diego –San Francisco –Silicon Valley –Ventura County
1770 Iowa Avenue - Suite 240
Riverside, California 92507-2479
voice 951.788.0100 - fax 951.788.5785
www.bwslaw.com
March 18, 2024
VIA E-MAIL: egibbs@beaumontca.gov
Elizabeth Gibbs
City Manager
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Re: Legal Services Agreement for Special Legal Services
Dear Ms. Gibbs:
We are pleased to represent the City of Beaumont as Special Counsel with respect
to the matters described in this Agreement. The following sets forth the terms pursuant
to which BURKE, WILLIAMS & SORENSEN, LLP (“Burke”) and City of Beaumont
(“Client”) agree that Burke will provide legal services to Client. The hallmark of any
productive professional relationship is effective communication, and we would invite you
to contact us at any time during or after our representation with regard to any questions
you may have associated with our representation or the matters described herein.
1. TERM. The term of this Agreement shall run from April 1, 2024 through
June 1, 2026 (the "Term"). Burke shall be subject to an annual evaluation by the City
Council/City Manager. Upon the expiration of the Term, this Agreement shall continue
on a month-to-month basis, subject to termination, renewal or extension as provided for
in this Agreement
2. SCOPE OF SERVICES.Client hires Burke to provide legal services in the
matters set forth in Attachment “A” to this Agreement. No representation outside of the
matters set forth in Attachment “A” to this Agreement shall be provided by Burke to Client.
No representation of any directors, officers, employees, shareholders, or any other
persons or entities affiliated with Client shall be provided unless such representation is
expressly included in Attachment “A” to this Agreement. Burke will provide those legal
services reasonably required to represent Client. Burke will take reasonable steps to
keep Client informed of progress and to respond to Client’s inquiries. If a court action is
filed, Burke will represent Client through trial and post-trial motions. This Agreement does
not cover representation on appeal or in execution proceedings after judgment. Separate
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arrangements must be agreed to for those services. Services in any matter not described
above will require a separate written agreement or a written modification to this
Agreement.
3. CLIENT’S DUTIES.Client agrees to be truthful with Burke, to cooperate,
to keep Burke informed of any information or developments which may come to Client’s
attention, to abide by this Agreement, to pay Burke’s bills on time,and to keep Burke
advised of Client’s address, telephone number, and whereabouts. Client will assist Burke
in providing necessary information and documents and will appear when necessary at
legal proceedings.
4. CONFLICTS OF INTEREST.Before accepting representation of Client,
Burke has undertaken reasonable and customary efforts to determine whether there are
any potential conflicts of interest or adversity of positions between Client and any other
person or entity that would bar Burke from representing Client in general or in any of the
specific matters listed in Attachment “A”. Burke has reviewed this issue in accordance
with the Rules of Professional Conduct adopted in California. Burke believes that those
rules, rather than the rules of any other jurisdiction, are applicable to Client’s
representation. Client’s execution and return of the enclosed copy of this letter represents
an express agreement to the applicability of the Rules of Professional Conduct adopted
in California to any and all representation arising under this Agreement.
5. LEGAL FEES AND BILLING PRACTICES.Client agrees to pay by the
hour at Burke’s prevailing rates for all time spent on Client’s matter by Burke’s legal
personnel. Current hourly rates for legal personnel are set forth in Attachment “B” to this
Agreement.
Burke’s rates are subject to change on 30 days’ written notice to Client. Rates
shall automatically increase annually on January 1 of each year as set forth in Attachment
“B” to this Agreement. If Client declines to pay increased rates, Burke will have the right
to withdraw as attorney for Client.
The time charged will include the time Burke spends on telephone calls relating to
Client’s matter, including calls with Client, witnesses, opposing counsel or court
personnel. The legal personnel assigned to Client’s matter may confer among
themselves about the matter, as required and appropriate. When they do confer, each
person will charge for the time expended, as long as the work done is reasonably
necessary and not duplicative. Likewise, if more than one of the legal personnel attends
a meeting, court hearing or other proceeding, each will charge for the time spent. Burke
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will charge for waiting time in court and elsewhere and for travel time, both local and out-
of-town.
6. COSTS AND OTHER CHARGES.
(a) Burke will incur various costs and expenses in performing legal services
under this Agreement. Client agrees to pay for all costs, disbursements and expenses in
addition to the hourly fees. The costs and expenses commonly include: service of
process charges, filing fees, court and deposition reporters’ fees, jury fees, notary fees,
deposition costs, long distance telephone charges, messenger and other delivery fees,
postage, photocopying and other reproduction costs, travel costs including parking,
mileage, transportation, meals and hotel costs, investigation expenses, consultants’ fees,
expert witness, professional, mediator, arbitrator and/or special master fees, unavoidable
administrative staff and secretarial overtime, and other similar items. Except for the items
listed below, all costs and expenses will be charged at Burke’s cost.
In-office photocopying/page:$ .20
In-office color photocopying/page $ 1.00
Facsimile charges/page:$ 1.00
Mileage/mile:$ .67 (per IRS notices)
Other:
(b) Out-of-town travel. Client agrees to pay transportation, meals, lodging and
all other costs of any necessary out-of-town travel by Burke’s personnel. Client will also
be charged the hourly rates for the time legal personnel spend traveling.
(c) Experts, Consultants and Investigators. To aid in the preparation or
presentation of Client’s case, it may become necessary to hire expert witnesses,
consultants, investigators, and outsourced support services. Client agrees to pay such
fees and charges. Burke will select any expert witnesses, consultants, investigators or
support services to be hired,and Client will be informed of persons chosen and their
charges.
Additionally, Client understands that if the matter proceeds to court action or
arbitration, Client may be required to pay fees and/or costs to other parties in the action.
Any such payment will be entirely the responsibility of Client.
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7. BILLING STATEMENTS.Burke will send Client periodic statements for
fees and costs incurred. Each statement will be payable within 30 days of its mailing
date. Client may request a statement at intervals of less than 30 days. If Client so
requests, Burke will provide one within 10 days. The statements shall include the amount,
rate, basis of calculation or other method of determination of the fees and costs, which
costs will be clearly identified by item and amount.
8. INTEREST CHARGES.If a billing statement is not paid by its due date,
interest will be charged on the principal balance (fees, costs, and disbursements) shown
on the statement. Interest will be calculated by multiplying the unpaid balance by the
periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE
RATE). The unpaid balance will bear interest from the date of the invoice until paid.
9. LIEN.Client hereby grants Burke a lien on any and all claims or causes of
action that are the subject of the representation under this Agreement. The lien will be
for any sums owing to Burke at the conclusion of services performed. The lien will attach
to any recovery Client may obtain, whether by arbitration award, judgment, settlement or
otherwise. The effect of such a lien is that Burke may be able to compel payment of fees
and costs from any such funds recovered on behalf of Client even if Burke has been
discharged before the end of the case. Because a lien may affect Client’s property rights,
Client may seek the advice of an independent lawyer of Client’s choice before agreeing
to such a lien. By initialing this paragraph, Client represents and agrees that Client has
had a reasonable opportunity to consult such an independent lawyer and—whether or not
Client has chosen to consult such an independent lawyer—Client agrees that Burke will
have a lien as specified above.
________(Client Initial Here) _____(Burke Initial Here)
10. DISCHARGE AND WITHDRAWAL.Client may discharge Burke at any
time. Burke may withdraw with Client’s consent or for good cause. Good cause includes
Client’s breach of this Agreement, refusal to cooperate or to follow Burke’s advice on a
material matter or any fact or circumstance that would render Burke’s continuing
representation unlawful or unethical. When Burke’s services conclude, all unpaid charges
will immediately become due and payable. After services conclude, Burke will, upon
Client’s request, deliver Client’s file, and property in Burke’s possession unless subject to
the lien provided in Paragraph 9 above, whether or not Client has paid for all services.
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11. DOCUMENT RETENTION POLICY.Client is entitled upon written request
to any files in Burke’s possession relating to the legal services performed by Burke for
Client, excluding Burke’s internal accounting records and other documents not
reasonably necessary to Client’s representation, subject to Burke’s right to make copies
of any files withdrawn by Client. Once a matter is concluded, Burke will close the file, and
Client will receive notice thereof. Client’s physical files may be sent to storage offsite,
and thereafter there may be an administrative cost for retrieving them from storage. Thus,
it is recommended that Client request the return of a file at the conclusion of a matter.
Under Burke’s document retention policy, Burke normally destroys files five (5) years after
a matter is closed, unless other arrangements are made with Client.
All client-supplied materials and all attorney end product (referred to generally as
“client material”) are the property of Client. Attorney end product includes, for example,
finalized contracts, pleadings, and trust documents. Attorney work product is the property
of Burke. Attorney work product includes, for example, drafts, notes, internal memoranda
and electronic files, and attorney representation and administration materials, including
attorney-client correspondence and conflicts materials.
After the close of a matter, Burke will notify Client of any client materials that remain
in Burke’s possession. Client will be invited to retrieve these client materials within 45
days of notice, or Client may direct Burke to forward the client materials to Client, at
Client’s expense. If within 45 days of this notice Client fails to retrieve the client materials
or request Burke to forward them, Client authorizes Burke to destroy the client materials.
After the 45-day period, Burke will, consistent with all applicable rules of
professional conduct, use its discretion as to the retention or destruction of all attorney
work product and any client materials that remain with Burke.
12. TECHNOLOGY.At its discretion, unless otherwise stated, Burke will
employ technology to facilitate electronic discovery. This may include scanning of paper
documents, culling of documents, converting electronically stored information into a
format suitable for review, the usage of electronic review software, etc. Applicable
associated costs, including electronic storage and transfer costs, will be billed to Client.
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13. DISCLAIMER OF GUARANTEE AND ESTIMATES.Nothing in this
Agreement and nothing in Burke’s statements to Client will be construed as a promise or
guarantee about the outcome of the matter. Burke makes no such promises or
guarantees. Burke’s comments about the outcome of the matter are expressions of
opinion only. Any estimate of fees given by Burke shall not be a guarantee. Actual fees
may vary from estimates given.
14. MEDIATION/ARBITRATION; WAIVER OF JURY TRIAL.If a dispute
arises out of or relating to any aspect of this Agreement between Client and Burke, or the
breach thereof, and if the dispute cannot be settled through negotiation, Burke and Client
agree to discuss in good faith the use of mediation before resorting to arbitration, litigation,
or any other dispute resolution procedure. Nothing herein shall limit or otherwise affect
your right under Sections 6200-6206 of the California Business and Professions Code to
request arbitration of any fee dispute by an independent, impartial arbitrator or panel of
arbitrators through a bar association program created solely to resolve fee disputes
between lawyers and clients. However, should discussions, mediation or the non-binding
arbitration provided through a local bar association program not resolve the dispute, the
dispute shall be determined by binding arbitration before the American Arbitration
Association under its then prevailing commercial arbitration rules, except that discovery
may be taken in that arbitration pursuant to the California Code of Civil Procedure. The
claims or controversies subject to this provision shall include, without limitation, any claim
of professional negligence or malpractice. The arbitration shall be held in San Bernardino
or Riverside Counties, California, unless we mutually select another venue, and judgment
may be entered upon the arbitrator’s award by any court having jurisdiction. Should you
refuse or neglect to appear or participate in the arbitration proceedings, the arbitrator is
empowered to decide the claim or controversy in accordance with the evidence
presented. You should realize that by accepting the arbitration provision, YOU WILL
WAIVE YOUR RIGHT TO A JURY TRIAL AND THE RIGHT, EXCEPT UNDER LIMITED
CIRCUMSTANCES, TO APPEAL THE ARBITRATOR’S DECISION.
________(Client Initial Here) _____(Burke Initial Here)
15. ATTORNEYS’ FEES CLAUSE.The prevailing party in any action or
proceeding arising out of or to enforce any provision of this Agreement, with the exception
of a fee arbitration or mediation under Business and Professions Code Sections 6200-
6206, will be awarded reasonable attorneys’ fees and costs incurred in that action or
proceeding, or in the enforcement of any judgment or award rendered.
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16. NOTICE. All notices required or permitted to be given under this Agreement
shall be in writing and shall be sent by e-mail and may also be personally delivered, or
sent by certified mail, postage prepaid and return receipt requested, addressed as
follows:
To City:City of Beaumont
Attn: City Manager
egibbs@beaumontca.gov
550 E. 6th Street
Beaumont, CA 92223
To Burke:Burke, Williams & Sorensen, LLP
Attn: Eric S Vail, Chair Public Law Practice Group
evail@bwslaw.com
1770 Iowa Avenue, Suite 240
Riverside, CA 92507-2749
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3)
days after deposit of the same in the custody of the United States Postal Service.
17. ENTIRE AGREEMENT.This Agreement contains the entire agreement of
the parties. No other agreement, statement, or promise made on or before the effective
date of this Agreement will be binding on the parties.
18. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY.If any provision of
this Agreement is held in whole or in part to be unenforceable for any reason, the
remainder of that provision and of the entire Agreement will be severable and remain in
effect.
19. MODIFICATION BY SUBSEQUENT AGREEMENT.This Agreement may
be modified by subsequent agreement of the parties only by an instrument in writing
signed by both of them,or an oral agreement only to the extent that the parties carry it
out.
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20. EFFECTIVE DATE.This Agreement will not take effect, and Burke will
have no obligation to provide legal services, until Client returns a signed copy of this
Agreement. This Agreement will govern all legal services performed by Burke on behalf
of Client commencing with the date Burke first performed services. The date at the
beginning of this Agreement is for reference only. Even if this Agreement does not take
effect, Client will be obligated to pay Burke the reasonable value of any services Burke
may have performed for Client.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS
AND AGREE TO THEM AS OF THE DATE BURKE FIRST PROVIDED SERVICES. IF
MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY
AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT
SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.
DATED:_________________CITY OF BEAUMONT
By:
Elizabeth Gibbs
City Manager
DATED: March 18, 2024 BURKE, WILLIAMS & SORENSEN, LLP
By:
Eric S. Vail, Partner
Chair Public Law Practice Group
ESV/tg
Attachments
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Attachment “A”
Burke will provide special legal serviceson an as-needed basis, as assigned by the Client,
and agreed upon by Burke. Special Counsel legal services may include, but are not
limited to the following:
Litigation: Representation of Client and/or its employees in eminent domain
matters, legal cases involving tort and other liability, complex code
enforcement matters (such as injunctions or receiverships), public works
disputes, conflict of interest suits, alleged Brown Act violations, and
personnel cases.
Refuse Franchising: Contract negotiations, contract and ordinance drafting,
amendment and interpretation, research of legal issues and provision of
legal opinions, and legal services ancillary thereto.
Labor and Employment: Labor negotiations and advise on Myers, Millias
Brown Act issues, interpretation of MOU’s with collective bargaining units;
personnel grievances, personnel disciplinary and termination matters;
interpretation and implementation of federal and state labor laws; and legal
services ancillary thereto.
Complex Transactional Matters: Negotiation and drafting of complex real
estate, land use, public works, or other transactional matters and
interpretation of such documents.
Complex CEQA and Land Use: Assistance with complex land use issues,
including CEQA, NEPA, Endangered Species Act issues, Planning and
Zoning Law matters, and Subdivision Map Act matters.
*Burke does not provide bond counsel or workers’ compensation legal services.
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Attachment “B”
All Special Legal Services
Owners $400
Partners $350
Senior Associates $290
Associates $275
Paralegals $175
Effective each July 1, 2025, the foregoing base rates shall be increased based on the
U.S. Department of Labor Bureau of Labor Statistics Los Angeles-Riverside-Orange
County Consumer Price Index-All Urban Consumers (“CPI-U”), using the CPI-U for each
prior October as the base and the value to escalate the hourly rates in the ratio of the
most recent October CPI-U value, rounded up to the nearest $5 increment.
The U.S. Dept. of Labor Bureau of Labor Statistics (BLS) website will be the source of the
data utilized (if the URL is changed, the parties shall agree on the replacement web page
to be as close as reasonably possible to the page detailed herein):
http://data.bls.gov/PDQ/servlet/SurveyOutputServlet?data_tool=dropmap&series_id=CU
URA421SA0,CUUSA421SA0
Page 227 of 244
500 CAPITOL MALL, SUITE 1000, SACRAMENTO, CA 95814
OFFICE: 916-446-7979 FAX: 916-446-8199
SOMACHLAW.COM
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
March 20, 2024
Via Electronic Mail Only
Thaxton Van Belle
Director of Water Reclamation
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
TVanBelle@beaumontca.gov
Re: Attorney-Client Fee Contract
Dear Mr. Van Belle:
This document (agreement) is the written fee contract that California law requires
lawyers to have with their clients, pursuant to California Business and Professions Code
section 6148. Somach Simmons & Dunn, A Professional Corporation (“we” or “us”), will
provide services to the City of Beaumont (“City” or “you”) on the terms set forth below.
1. CONDITIONS. This agreement will not take effect, and we will have no
obligation to provide legal services, until you return a signed copy of this
agreement.
2. SCOPE OF SERVICES. You are hiring us as your attorneys, to represent or
advise you in connection with the City’s wastewater change petition. We will
provide those legal services reasonably required and requested to represent and
advise you on the described matter, and on other related matters that you
subsequently request and we agree to undertake on your behalf. We will take
reasonable steps to keep you informed of progress and to respond to your
inquiries. We will communicate to City through you unless we are instructed
otherwise. Alexis (Ali) Stevens will be the principal attorney in charge of your
matter, and Kelley M. Taber will assist. From time-to-time other attorneys in
this firm will support our efforts. Unless you and Somach Simmons & Dunn
make a different agreement in writing, this agreement will govern all future
services we may perform for you. The term of this agreement shall run from
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RE: Attorney-Client Fee Contract
March 20, 2024
Page 2
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
April 1, 2024 through June 1, 2026 (the “Term”). Our services under the
agreement shall be subject to an annual evaluation by the City Council/City
Manager. Upon the expiration of the Term, this agreement shall continue on a
month-to-month basis, subject to renewal or extension by City.
3. CLIENT’S DUTIES. You agree to cooperate with us and be reasonably
available to confer with us upon request, to keep us informed of developments
and to disclose to us all facts and circumstances of which you are aware which
may bear upon our handling of the matter. You agree to provide us with such
documents and information as you may possess relating to the matter, to abide
by this agreement, to pay our bills on time, and to keep us advised of your
address, telephone number, and whereabouts.
4. COORDINATION. We will coordinate the rendition of our services with the
requirements of the City’s other counsel, if you so request. We will take
direction from you, unless we are instructed otherwise by the City. We will be
entitled to assume that your directions are the City’s instructions.
5. LEGAL FEES AND BILLING PRACTICES. You agree to pay by the hour at
our prevailing rates for time spent on your matter by our legal personnel. We
record our time, and will bill you, to the nearest one-tenth hour. Our current
hourly rates for legal personnel (and other billing rates) are set forth on the
attached Rate Schedule. These rates are reviewed and adjusted periodically,
but not more frequently than annually. We will send you a proposed revision
to our rates before effectuating any adjustment. The revised schedule of rates
will apply after each adjustment.
We will charge you for the time we spend on telephone calls relating to your
matter, including calls with you, the City Attorney, other special or
cooperating counsel, opposing counsel, court personnel, experts, consultants,
and witnesses. The legal personnel assigned to your matter will confer among
themselves about the substantive legal, tactical, and strategic issues pertaining
to the matter, and with consultants and other persons who may have
information regarding your matter, as required. When they do confer, each of
the legal personnel will charge for the time expended. Likewise, if more than
one of our legal personnel attends a meeting, court hearing, or other
proceeding, each will charge for the time spent. We will charge for waiting
time in court and elsewhere and for travel time, both local and out of town.
6. COSTS AND OTHER CHARGES. We will incur various costs and expenses
in performing legal services under this agreement. The cost of normal
photocopying, long distance telephone calls, postage, and other small
miscellaneous expenses as to which individual itemization is impractical are
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City of Beaumont
RE: Attorney-Client Fee Contract
March 20, 2024
Page 3
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
covered and included within our billing rates. All other costs, such as expert
consultant and investigation fees, airfare, air charter, mileage at the IRS
reimbursement rate, lodging, meals, deposition transcripts, document
databasing if requested by you, filing fees, computerized legal research,
unusual photocopying and staff overtime, if and to the extent required, are
billed directly on a pass-through basis as a cost advanced by us. We generally
do not pass through our secretarial overtime costs unless the overtime is
required due to unanticipated time constraints or other urgencies that arise in
the matter. In case of significant costs, such as, for example, fees to employ
consultants, we will ask that you deposit an estimate of those costs with us.
7. BILLING STATEMENTS. Our billings are calculated and submitted on a
monthly basis. The billings are accompanied by a computer-generated
statement setting forth a description of the services performed, the date of the
work, the amount of time spent, and the identity of the person performing the
work. Each statement will be due and payable upon presentation, and overdue
thirty (30) days after the date of billing. Your account is considered current
when payment is made within thirty (30) days of the billing date. Late
payments may require us to add an interest charge, which will be two percent
(2%) above the reference rate of River City Bank. We will send the original
monthly statement to you at the address above, unless you instruct us
otherwise.
If your account becomes delinquent, we have established collection procedures
which may include stopping all legal services of a non-emergency nature.
Contrary to our anticipation, if that situation should arise and exist for a period
of sixty (60) days, we will ask you for, and you agree to execute, a stipulation
allowing us to withdraw as your counsel of record.
8. DISCHARGE AND WITHDRAWAL. You may discharge us at any time, and
without cause, by giving us written notice of termination. We may withdraw
with your advance written consent, or at any time after having given you
written notice and a reasonable period within which to retain the services of
other counsel.
When our services conclude, all unpaid charges will become due and payable
immediately. After our services conclude, we will, on your request, deliver
your file to you, along with any funds or property of yours in our possession.
9. DISCLAIMER OF GUARANTEE. Nothing in this agreement and nothing in
our statements to you will be construed as a promise or guarantee about the
outcome of your matter. We make no such promises or guarantees. Our
comments about the outcome of your matter are expressions of opinion only.
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City of Beaumont
RE: Attorney-Client Fee Contract
March 20, 2024
Page 4
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
10. COMMUNICATIONS. We encourage you to contact us at any time you have
any questions whatsoever concerning our representation of you. Although
electronic mail is a convenient and cost-effective method of communicating, it
should not be relied upon for time sensitive or mission critical items. Due to
conditions beyond our control, Somach Simmons & Dunn cannot guarantee
that electronic mail messages will be delivered on time, or at all.
11. EFFECTIVE DATE. This agreement will take effect when you have
performed the conditions stated in paragraph 1, but its effective date will be
retroactive to the date we first performed services. The date at the beginning
of this agreement is for reference only. Even if this agreement does not take
effect, you will be obligated to pay us the reasonable value of any services we
may have performed for you.
SOMACH SIMMONS & DUNN
A Professional Corporation
By_________________________________
Alexis K. Stevens
Attorney
Encl. (Schedule of Rates)
Page 231 of 244
City of Beaumont
RE: Attorney-Client Fee Contract
March 20, 2024
Page 5
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
I/We have read and understood the foregoing terms and those set forth on the attached
Schedule of Rates and agree to them, as of the date Somach Simmons & Dunn, A
Professional Corporation, first provided services. If more than one party signs below, we
each agree to be liable, jointly and severally, for all obligations under this agreement.
CITY OF BEAUMONT
By_________________________________
Elizabeth Gibbs
City Manager
Billing Contact (if different than addressee):
Name: _________________________________
Title: __________________________________
Address: _______________________________
_______________________________________
Telephone: _____________________________
Email: _________________________________
Page 232 of 244
500 CAPITOL MALL, SUITE 1000, SACRAMENTO, CA 95814
OFFICE: 916-446-7979 FAX: 916-446-8199
SOMACHLAW.COM
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
SCHEDULE OF RATES
KEY PERSONNEL:
Alexis (Ali) K. Stevens ................................... $440.00
Kelley M. Taber .............................................. $450.00
Shareholders $310.00 to $570.00
Associates $250.00 to $300.00
Of Counsels $360.00 to $490.00
Paralegals and Law Clerks $160.00 to $240.00
NOTE: The Schedule of Rates will be reviewed and may be modified. Clients will receive
30 days’ notice of any modification in the Schedule of Rates. Rates for new attorneys will be
forwarded to the client within a reasonable time after the new attorney begins work under this
contract. All out-of-pocket costs and expenses will be billed to clients at our cost. An interest
charge will be added to all bills that are unpaid in excess of 30 days.
(06/24.PUN)
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Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE April 2, 2024
SUBJECT: Review and Provide Direction on the Fiscal Year 2024/2025 – 2026/2027
Table 4 Drafts
Description Short Range Transit Plan Table 4, 4.1, and 4.2 Drafts
Background and Analysis:
Each year, the City of Beaumont is required to submit a Short-Range Transit Plan
(SRTP) to the Riverside County Transportation Commission (RCTC) for operational
expenses and capital improvement projects (CIP) for the coming fiscal year. This
required document outlines the fiscal requirements to operate the services for the City’s
Transit Department for Fiscal Year 2024/2025. Additionally, the SRTP sets forth a
tentative plan for two subsequent fiscal years. The SRTP process allows for the
discussion of any potential service changes for the fixed route and commuter link
services.
The proposed budgets have been meticulously crafted to align with the objectives of
Beaumont Transit, aimed at ensuring safe and reliable public transportation services,
delivering excellent customer service, fostering ridership retention, and stimulating
growth. Staff remains fully committed to exploring alternative services to effectively
address the evolving needs of our community.
Planned Service Highlights for FY 2024-2025
Planned services for the next fiscal year include:
Increasing community outreach to gain local businesses interest in Beaumont’s
new transit advertising program.
Continuing to provide public transportation trips through the travel training
program.
Continuing to clean and sanitize the transit fleet to encourage the return of
passenger's post-pandemic.
Expanding the Commuter Link 125 to provide services to service the Yucaipa
Transit Center.
Expanding the Casino Express hours of operation to provide midday services.
Page 234 of 244
Proceeding with the development of the Fourth & Veile Street property to support
Beaumont Transit’s transition to zero-emission vehicles, and to increase the
farebox recovery ratio through the sale of CNG and hydrogen.
Two additional part time bus drivers and one additional mechanic to establish
sufficient staffing to maintain ongoing operations.
Funding
The City of Beaumont is proposing the following request as outlined in Table 4
(Attachment A):
Local Transportation Funds (LTF) - $2,856,021
Measure A - $199,000
State Transit Assistance (STA) - $30,000
State of Good Repair (SGR) – $60,000
Low Carbon Transit Operations Program (LCTOP) - $133,000
SB125 (TIRCP/ZETCP) Funds – $10,300,000
The requested LTF and Measure A amounts will be used to operate the Transit
Department including personnel, vehicle maintenance, and fuel costs. The requested
SB125 amount will be used to fund Capital Improvement Projects including the design
and construction of zero-emission infrastructure, and administrative operations facility,
Vehicle maintenance facility, and the purchase of vehicle lifts for the maintenance
department. RCTC has previously approved this allocation of $10.3 million and plans to
allocate an additional $4 million to Beaumont Transit for zero-emission bus purchases.
This second round of funding is expected to be taken to the Commission for approval in
May.
In addition to the above, passenger paid fare revenues are anticipated in the amount of
$47,550. In our continued effort to encourage the return of passengers to the public
transit system in the post-pandemic environment, Beaumont launched a three-year
discounted fare project. This promotion is made possible through the LCTOP program
and is expected to contribute $133,000 towards our fare revenues. This project was
previously approved by the California Department of Transportation and this funding
has already been received. This brings the total projected farebox revenue for FY
2024/2025 to $180,550. This represents a 20.2% increase in revenues when compared
to FY 2023/2024. Per RCTC farebox policy, Measure A and other revenues are factored
into the farebox recovery calculation below.
The projected farebox recovery ratio is 12.87% of total operating expenses for all routes
and 15.11% with exemptions. In FY 2024/2025 the Casino Express and Dial-a-Ride are
both exempt from the farebox requirement. RCTC has notified the City of Beaumont of
an increased farebox recovery requirement due to Beaumont’s population increase in
Page 235 of 244
the 2020 Census. The Transportation Development Act of 1971 (TDA) requires
operators with a population of 50,000 or more to meet or exceed a farebox recovery
ratio of 20% or a blended ratio if the operator provides services both inside and outside
of urbanized areas. The City of Beaumont will be required to meet this new require ment
and provide RCTC with the calculation by Fiscal Year 2027/2028.This will require a firm
plan of action in the coming years to ensure that the funding allocations and compliance
requirements are met.
Summary
The public transit system plays a vital role in the lives of transit-dependent residents in
the San Gorgonio Pass area. Beaumont Transit will continue to operate as efficiently
and effectively as possible while providing the highest level of customer service to the
citizens of Beaumont.
Fiscal Impact:
Beaumont Transit services are currently fully funded through various state funding
mechanisms, grant resources and local fares. Revenues and expenditures are reported
to RCTC monthly and monitored closely to ensure that the operations are in line with
the adopted SRTP and within funding limits. In the Transit budget there is a $100,000
overhead contribution to the general fund.
The estimated cost to prepare this report is $360.
Recommended Action:
Review and Provide Direction on the Fiscal Year 2024/2025 – 2026/2027 Table 4
Drafts.
Attachments:
A. Table 4
B. Table 4.1
C. Table 4.2
Page 236 of 244
Table 4 - Summary of Funds Requested for FY 24/25
Total Amount of
Funds LTF STA SB125 Measure A LCTOP SGR Fare Box
Interest &
Other
Income
Operating Assistance 1,411,699$ 1,293,849$ 89,700$ 28,150$
Commuter 120 849,747$ 680,247$ 129,500$ 29,200$ 10,800$
Commuter 125 371,157$ 296,807$ 69,500$ 3,700$ 1,150$
Dial A Ride 204,682$ 190,682$ 7,400$ 6,600$
Casino Express 398,286$ 394,436$ 3,000$ 850$
Interest & Other Income 42,500$ 42,500$
Subtotal: Operating 3,278,071$ 2,856,021$ -$ -$ 199,000$ 133,000$ -$ 47,550$ 42,500$
Capital Projects
Capital Project
Number
Total Amount of
Funds LTF STA SB125 Measure A LCTOP SGR Fare Box
Interest &
Other
Income
Beaumont City and Transit Yard 24-05 10,300,000$ 10,300,000$
Vehicle Lifts 25-02 90,000$ 30,000$ 60,000$
Subtotal: Capital 10,390,000$ -$ 30,000$ 10,300,000$ -$ -$ 60,000$
13,668,071$ 2,856,021$ 30,000$ 10,300,000$ 199,000$ 133,000$ 60,000$ 47,550$ 42,500$
12.87%
15.11%
Farebox Recovery Ratio (All Routes) :
Farebox Recovery Ratio (With Exemptions) :
City of Beaumont
FY 2024/2025
Summary of Funds Requested
Short Range Transit Plan
Operating Budget
Total: Operating & Capital
Page 237 of 244
Table 4 - Summary of Funds Requested for FY 25/26
Total Amount of
Funds LTF STA SB125 Measure A LCTOP SGR Fare Box
Interest &
Other
Income
Operating Assistance 1,497,924$ 1,376,524$ 92,400$ 29,000$
Commuter 120 905,755$ 724,505$ 140,000$ 30,100$ 11,150$
Commuter 125 395,620$ 316,120$ 74,500$ 3,800$ 1,200$
Dial A Ride 218,173$ 203,723$ 7,650$ 6,800$
Casino Express 424,538$ 420,538$ 3,100$ 900$
Interest & Other Income 48,900$ 48,900$
Subtotal: Operating 3,490,910$ 3,041,410$ -$ -$ 214,500$ 137,050$ -$ 49,050$ 48,900$
Capital Projects
Capital Project
Number
Total Amount of
Funds LTF STA SB125 Measure A LCTOP SGR Fare Box
Interest &
Other
Income
Beaumont City and Transit Yard 24-05 11,750,000$ 11,750,000$
Bus Stop Improvements 26-02 250,000$ 250,000$
Preventative Maintenance 26-03 61,500.00$ 61,500$
Zero Emission Bus Purchases 26-04 4,000,000$ 4,000,000$
Subtotal: Capital 16,061,500$ -$ 12,000,000$ 4,000,000$ -$ -$ 61,500$
19,552,410$ 3,041,410$ 12,000,000$ 4,000,000$ 214,500$ 137,050$ 61,500$ 49,050$ 48,900$ Total: Operating & Capital
City of Beaumont
FY 2025/2026
Summary of Funds Requested
Short Range Transit Plan
Operating Budget
Page 238 of 244
Page 239 of 244
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE April 2, 2024
SUBJECT: Update and Discussion on Zoning Code Update and Design Standards
Description Zoning Code and Design Standards update and discussion on timing of
design standards process. Target #5, Goal #1 Create Design Guidelines and Target #3,
Goal #6 Revisit the City’s Municipal Codes and Zoning. Capital Improvement Project
(CIP) CD-04.
Background and Analysis:
In FY2023-24, City Council authorized $350,000 to update the zoning code and develop
design guidelines. On September 7, 2023, the City issued a Request for Proposals
(RFP) for the City’s Zoning Code Update. On November 21, 2023, a Professional
Services Agreement (PSA) was awarded to Lisa Wise Consulting for the City’s zoning
code update and design standards in the amount of $368,080. The anticipated timeline
for completion of the code update including design standards is approximately eighteen
(18) months. A simplified schedule is included as Attachment A to this report.
At City Council’s direction, staff requested an estimate of process, time and cost to
expedite the design standards portion of the code update. The details provide d by the
team at Lisa Wise Consulting are as follows:
Develop a framework for integrating the standards into the current Code structure
One study session
One call with Councilmember(s) (similar to the Objective Design Standards
process)
Public hearings (2) – required for formal adoption
Integrate the standards into the newly proposed Code structure
Refine the standards in the Code update
Project management for this expedited component
o [Note - drafting of the standards is included in the current scope, so that is
not included in this list of tasks for the "ball park estimate"]
"Ball park estimate" is ~$45,000
Timeframe is 4-6 months to complete and have standards adopted
Page 240 of 244
Based on this information, staff is recommending continuing the process as originally
proposed. An alternative to expediting the design standards process is implementation
of a staff drafted, interim policy addressing design criteria and review of project design
until the zoning code update and design standards are completed.
Fiscal Impact:
CIP #CD-04 is currently funded in FY24 for $350,000. $18,080 will be reallocated from
#CD-05 (Climate Action Plan) to complete #CD-04 funding. Expediting the design
standards would require allocating an additional $45,000 to #CD-04.
Recommended Action:
Hold discussion; and provide direction to staff on expediting design standards or
drafting an interim policy.
Attachments:
A. Timeline
Page 241 of 244
Analysis &
Recommendations
Drafting & Refining
Proposed Updates
Adoption &
Final Zoning
Code and Map
Public Review Draft
Recommendations
Report
Hearing Draft
Zoning Code &
Zoning Map
Planning Commission
& City Council
Study Session #1
Planning Commission
& City Council
Study Session #2
2024
Spring Summer Fall
2025
Winter Spring
Summer
Planning Commission
& City Council
Study Session #3
Planning Commission
& Council Hearings
Public Review Draft
Zoning Code &
Zoning Map
Final Adopted
Zoning Code &
Zoning Map
Page 242 of 244
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
DATE April 2, 2024
SUBJECT: International Council of Shopping Centers (ICSC) Annual Conference
Attendance
Description Mayoral appointment of two Council Members to attend the International
Council of Shopping Centers (ICSC) annual conference.
Background and Analysis:
Each year, Planning and Economic Development staff attend the ICSC annual
conference in Las Vegas, Nevada. This is an opportunity for the City to market itself to
local, state and nation wide retailers. The City partners with the County of Riverside for
booth meeting space and display space providing a location for staff to meet with
developers, provide demographic information, discuss development processes and
current and future opportunities for development. Staff pre -arranges meetings with
interested developers or retailers as well as conducts drop -in meetings throughout the
event.
Previous attendance at this conference included the economic development and
planning department staff. Many cities include attendance by City Managers, Council
Members as well as department heads and department staff. This year ICSC is Sunday,
May 19th – Tuesday, May 21st. Staff believes having City Council Member
representation at this event would be a benefit to the City’s retail and commercial
recruiting efforts.
Fiscal Impact:
ICSC Registration $1,050 per person, hotel averages $250 per night per pe rson and per
diem $172.50 per person. These costs have been included in the FY24 budget.
Recommended Action:
Mayoral appointment of two Council Members to attend the International Council of
Shopping Centers (ICSC) annual conference.
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