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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 / Page 2 of 244 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• Page 3 of 244 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: Page 4 of 244 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 Page 5 of 244 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. Page 6 of 244 Page 7 of 244 Page 8 of 244 Page 9 of 244 Page 10 of 244 Page 11 of 244 Page 12 of 244 Page 13 of 244 Page 14 of 244 Page 15 of 244 Page 16 of 244 Page 17 of 244 Page 18 of 244 Page 19 of 244 Page 20 of 244 Page 21 of 244 Page 22 of 244 Page 23 of 244 Page 24 of 244 Page 25 of 244 Page 26 of 244 Page 27 of 244 Page 28 of 244 Page 29 of 244 Page 30 of 244 Page 31 of 244 Page 32 of 244 Page 33 of 244 Page 34 of 244 Page 35 of 244 Page 36 of 244 Page 37 of 244 Page 38 of 244 Page 39 of 244 1 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. Page 40 of 244 2 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. Page 41 of 244 3 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 Page 42 of 244 4 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. Page 43 of 244 5 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 Page 44 of 244 6 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 Page 45 of 244 7 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 Page 46 of 244 8 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. Page 47 of 244 1 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. Page 48 of 244 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. Page 49 of 244 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 Page 50 of 244 1 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: Page 51 of 244 2 By: __________ David Fenn, Mayor, City of Beaumont ATTEST: Elaine Morgan CITY CLERK By: _____________ Page 52 of 244 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 Page 53 of 244 Page 54 of 244 Page 55 of 244 Page 56 of 244 Page 57 of 244 Page 58 of 244 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. Page 59 of 244 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 Page 60 of 244 Page 61 of 244 [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 Page 62 of 244 Page 63 of 244 Page 64 of 244 Page 65 of 244 Page 66 of 244 Page 67 of 244 Page 68 of 244 Page 69 of 244 Page 70 of 244 Page 71 of 244 Page 72 of 244 Page 73 of 244 Page 74 of 244 Page 75 of 244 Page 76 of 244 Page 77 of 244 Page 78 of 244 Page 79 of 244 Page 80 of 244 Page 81 of 244 Page 82 of 244 Page 83 of 244 Page 84 of 244 Page 85 of 244 Page 86 of 244 Page 87 of 244 Page 88 of 244 Page 89 of 244 Page 90 of 244 Page 91 of 244 Page 92 of 244 Page 93 of 244 [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 Page 94 of 244 Page 95 of 244 Page 96 of 244 Page 97 of 244 Page 98 of 244 Page 99 of 244 Page 100 of 244 Page 101 of 244 Page 102 of 244 Page 103 of 244 Page 104 of 244 Page 105 of 244 Page 106 of 244 Page 107 of 244 Page 108 of 244 Page 109 of 244 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. Page 110 of 244 Attachments: A. SCAG Conference Itinerary B. Hotel Information Page 111 of 244 Page 112 of 244 Page 113 of 244 Page 114 of 244 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 Page 115 of 244 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 Page 116 of 244 2023-2026 City of Beaumont Strategic Communication Plan 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. Page 117 of 244 2023-2026 City of Beaumont Strategic Communication Plan Page 2 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 Page 118 of 244 2023-2026 City of Beaumont Strategic Communication Plan 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. Page 119 of 244 2023-2026 City of Beaumont Strategic Communication Plan 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 Page 120 of 244 2023-2026 City of Beaumont Strategic Communication Plan 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. Page 121 of 244 2023-2026 City of Beaumont Strategic Communication Plan 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 Page 122 of 244 2023-2026 City of Beaumont Strategic Communication Plan 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 Page 123 of 244 2023-2026 City of Beaumont Strategic Communication Plan 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 Page 124 of 244 2023-2026 City of Beaumont Strategic Communication Plan Page 9 • 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. Page 125 of 244 2023-2026 City of Beaumont Strategic Communication Plan Page 10 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 Page 126 of 244 Appendix A – Communication Plan Implementation 2023-2026 City of Beaumont Communication Plan Page 11 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 Page 127 of 244 Appendix A – Communication Plan Implementation 2023-2026 City of Beaumont Communication Plan Page 12 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 Page 128 of 244 Appendix A – Communication Plan Implementation 2023-2026 City of Beaumont Communication Plan Page 13 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 Page 129 of 244 Appendix A – Communication Plan Implementation 2023-2026 City of Beaumont Communication Plan 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 Page 130 of 244 Appendix A – Communication Plan Implementation 2023-2026 City of Beaumont Communication Plan 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 Page 131 of 244 Appendix A – Communication Plan Implementation 2023-2026 City of Beaumont Communication Plan Page 16 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 Page 132 of 244 Appendix A – Communication Plan Implementation 2023-2026 City of Beaumont Communication Plan Page 17 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 Page 133 of 244 Appendix A – Communication Plan Implementation 2023-2026 City of Beaumont Communication Plan Page 18 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 Page 134 of 244 Appendix A – Communication Plan Implementation 2023-2026 City of Beaumont Communication Plan Page 19 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 Page 135 of 244 Appendix A – Communication Plan Implementation 2023-2026 City of Beaumont Communication Plan Page 20 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 Page 136 of 244 Appendix A – Communication Plan Implementation 2023-2026 City of Beaumont Communication Plan Page 21 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 Page 137 of 244 Appendix A – Communication Plan Implementation 2023-2026 City of Beaumont Communication Plan 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 Page 138 of 244 2023-2026 City of Beaumont Communication Plan 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 Page 139 of 244 2023-2026 City of Beaumont Communication Plan Appendix C – Placeholder Crisis Communication Plan Page 24 Under development. The expected completion and addition to the Plan is Fall 2024. Page 140 of 244 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. Page 141 of 244 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. Page 142 of 244 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) Page 143 of 244 City of Beaumont Request for Proposal Sludge Hauling Services for WWTP 1 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 Page 144 of 244 City of Beaumont Request for Proposal Sludge Hauling Services for WWTP 2 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 Page 145 of 244 City of Beaumont Request for Proposal Sludge Hauling Services for WWTP 2 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. Page 146 of 244 City of Beaumont Request for Proposal Sludge Hauling Services for WWTP 3 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. Page 147 of 244 City of Beaumont Request for Proposal Sludge Hauling Services for WWTP 4 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 Page 148 of 244 City of Beaumont Request for Proposal Sludge Hauling Services for WWTP 5 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 Page 149 of 244 City of Beaumont Request for Proposal Sludge Hauling Services for WWTP 6 EXHIBIT A Sample Services Agreement Page 150 of 244 City of Beaumont Agreement # C24-XX 7 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). Page 151 of 244 City of Beaumont Agreement # C24-XX 8 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 Page 152 of 244 City of Beaumont Agreement # C24-XX 9 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. Page 153 of 244 City of Beaumont Agreement # C24-XX 10 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 Page 154 of 244 City of Beaumont Agreement # C24-XX 11 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 Page 155 of 244 City of Beaumont Agreement # C24-XX 12 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 Page 156 of 244 City of Beaumont Agreement # C24-XX 13 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 Page 157 of 244 City of Beaumont Agreement # C24-XX 14 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 Page 158 of 244 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 Page 159 of 244 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. Page 163 of 244 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 Page 164 of 244 Page 165 of 244 YOUR PARTNER FOR A CLEANER, GREENER WORLD 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: Page 166 of 244 YOUR PARTNER FOR A CLEANER, GREENER WORLD Proposal for Sludge Hauling Services for the WWTP 2 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 Page 167 of 244 YOUR PARTNER FOR A CLEANER, GREENER WORLD Proposal for Sludge Hauling Services for the WWTP 3 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. Page 168 of 244 YOUR PARTNER FOR A CLEANER, GREENER WORLD Proposal for Sludge Hauling Services for the WWTP 2 • 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 Page 169 of 244 YOUR PARTNER FOR A CLEANER, GREENER WORLD Proposal for Sludge Hauling Services for the WWTP 3 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. Page 170 of 244 YOUR PARTNER FOR A CLEANER, GREENER WORLD Proposal for Sludge Hauling Services for the WWTP 4 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 Page 171 of 244 YOUR PARTNER FOR A CLEANER, GREENER WORLD Proposal for Sludge Hauling Services for the WWTP 5 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. Page 172 of 244 YOUR PARTNER FOR A CLEANER, GREENER WORLD Proposal for Sludge Hauling Services for the WWTP 6 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 Page 173 of 244 YOUR PARTNER FOR A CLEANER, GREENER WORLD Proposal for Sludge Hauling Services for the WWTP 7 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 Page 174 of 244 YOUR PARTNER FOR A CLEANER, GREENER WORLD Proposal for Sludge Hauling Services for the WWTP 8 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. Page 175 of 244 YOUR PARTNER FOR A CLEANER, GREENER WORLD Proposal for Sludge Hauling Services for the WWTP 9 Page 176 of 244 YOUR PARTNER FOR A CLEANER, GREENER WORLD Proposal for Sludge Hauling Services for the WWTP 10 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 Page 177 of 244 YOUR PARTNER FOR A CLEANER, GREENER WORLD Proposal for Sludge Hauling Services for the WWTP 11 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 (______) Page 181 of 244 Page 182 of 244 Page 183 of 244 Page 184 of 244 Page 185 of 244 Page 186 of 244 Page 187 of 244 Page 188 of 244 Page 189 of 244 Page 190 of 244 Page 191 of 244 Page 192 of 244 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. Page 194 of 244 Attachments: A. Travel Expense and Reimbursement Policy. Page 195 of 244 City of Beaumont Travel Expense and Reimbursement Policy Adopted: April 2, 2024 Page 196 of 244 Rev. 03.21.2024 2 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 Page 197 of 244 Rev. 03.21.2024 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. Page 198 of 244 Rev. 03.21.2024 4 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. Page 199 of 244 Rev. 03.21.2024 5 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. Page 200 of 244 Rev. 03.21.2024 6 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 Page 201 of 244 Rev. 03.21.2024 7 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. Page 202 of 244 Rev. 03.21.2024 8 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. Page 203 of 244 Rev. 03.21.2024 9 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. Page 204 of 244 Rev. 03.21.2024 1 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. Page 205 of 244 Rev. 03.21.2024 1 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. Page 206 of 244 Rev. 03.21.2024 1 2 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. Page 207 of 244 Rev. 03.21.2024 1 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. Page 208 of 244 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. Page 209 of 244 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 Page 210 of 244 1 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. Page 211 of 244 2 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. Page 212 of 244 3 9641470.2 LC001-009 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. Page 213 of 244 4 9641470.2 LC001-009 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: ______________________ Page 214 of 244 5 9641470.2 LC001-009 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 Page 215 of 244 6 9641470.2 LC001-009 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 Page 216 of 244 7 9641470.2 LC001-009 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. Page 217 of 244 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 Page 218 of 244 City of Beaumont Special Counsel Legal Services Agreement March 18, 2024 Page 2 07453-0000 4895-2127-2494 v1 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 Page 219 of 244 City of Beaumont Special Counsel Legal Services Agreement March 18, 2024 Page 3 07453-0000 4895-2127-2494 v1 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. Page 220 of 244 City of Beaumont Special Counsel Legal Services Agreement March 18, 2024 Page 4 07453-0000 4895-2127-2494 v1 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. Page 221 of 244 City of Beaumont Special Counsel Legal Services Agreement March 18, 2024 Page 5 07453-0000 4895-2127-2494 v1 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. Page 222 of 244 City of Beaumont Special Counsel Legal Services Agreement March 18, 2024 Page 6 07453-0000 4895-2127-2494 v1 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. Page 223 of 244 City of Beaumont Special Counsel Legal Services Agreement March 18, 2024 Page 7 07453-0000 4895-2127-2494 v1 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. Page 224 of 244 City of Beaumont Special Counsel Legal Services Agreement March 18, 2024 Page 8 07453-0000 4895-2127-2494 v1 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 Page 225 of 244 City of Beaumont Special Counsel Legal Services Agreement March 18, 2024 Page 9 07453-0000 4895-2127-2494 v1 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. Page 226 of 244 City of Beaumont Special Counsel Legal Services Agreement March 18, 2024 Page 10 07453-0000 4895-2127-2494 v1 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 Page 228 of 244 City of Beaumont 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 Page 229 of 244 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. Page 230 of 244 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) Page 233 of 244 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. Page 243 of 244 Page 244 of 244