Fourth of July Fireworks Display Services.pdf

Request for Proposals for

Fourth of July Fireworks Display Services

Contact:

Barbara Mason

Purchasing Manager bmason@beaumontca.gov

RFP Available:

https://www.beaumontca.gov/949/Bids-and-RFPs

City of Beaumont Planet Bids portal:

https://vendors.planetbids.com/portal/66785/bo/bo-detail/145486

Website:

www.beaumontca.gov

Address:

550 E. 6th Street

Beaumont, CA 92223

Phone:

951.769.8520 mailto:bmason@beaumontca.gov https://www.beaumontca.gov/949/Bids-and-RFPs https://vendors.planetbids.com/portal/66785/bo/bo-detail/145486

CITY OF BEAUMONT

NOTICE OF INVITING PROPOSALS, RFP NO. 26-18

Fourth of July Fireworks Display Services

PUBLIC NOTICE IS HEREBY GIVEN

1. INTRODUCTION

The City of Beaumont (“City”) requests written responses to a Request for Proposal (RFP) for Fourth of July Fireworks Display Services from qualified and licensed fireworks display contractors to provide a professionally choreographed, electronically fired, music-synchronized aerial fireworks display as the signature finale of the City's annual Fourth of

July Celebration / Freedom Festival. The selected contractor will be one that has demonstrated knowledge and experience to provide the Services and proper state contractors licensing: California State Fire Marshal Public Display Operator License

All services provided by the Contractor shall be performed by individuals who meet the qualifications, experience and certification/licensing requirements for these contracted services. The successful Contractor shall also have the resources to provide cost-effective and timely services, including customer service to the CITY.

Qualified Contractors that submit a proposal will be evaluated in accordance with the requirements defined within this Request for Proposals (RFP). Upon successful negotiations with the City, may selected one or more Contractors to provide services as described in the Scope of Services of this RFP.

Responses must conform to the requirements of this Request for Proposal (RFP). The City reserves the right to waive any irregularity in any proposal, withdraw or amend this RFP or reject any proposal that does not comply with this RFP or City policies.

2. THE CITY OF BEAUMONT

The City was incorporated in November 1912 and is located in the San Gorgonio Pass portion of western Riverside County. It is bounded on the west by Calimesa and unincorporated areas, on the north by 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 boundary is approximately 30 square miles.

The City of Beaumont is rated one of the safest cities in southern California. The City has its own police department. Fire and paramedic services are contracted through

Riverside County. The City of Beaumont has been one of the fastest growing cities in

California over the past 15 years and has a current population of 54,690. An average of

500 new homes have been permitted annually since 2013 and the population has grown

City of Beaumont Request for Proposal 26-18 by approximately 1,500 residents each year. Beaumont has seen significant growth in its quality of workforce with educational levels and technical skills. The community has also seen growth in its household income levels. As a result of this growth, the City must continue to provide residents with the quality of life they expect. This involves expanding park and recreational amenities, maintaining a quality police force to keep pace with growth, construction of regional surface transportation projects, and to perform economic development activities to diversify the city’s tax base and increase employment opportunities in the region.

The City Government

The Beaumont City Council is comprised of five Council members, each sharing equal voting powers on all items coming before the Council. Council members are elected to at-large positions for four-year terms, with elections held in November of even-numbered years. The City Council meets annually to select one of its members to serve as Mayor and another to serve as Mayor Pro Tem for one year but no more than two consecutive years.

The City Council provides legislative and policy direction to the City Manager, who implements their decisions to direct the activities of the City. The City Council responds to issues and concerns of the community by allocating resources, developing policies, and formulating strategies that support the vitality and economic viability of the City. All of their decisions must be made at public meetings.

The City Council appoints the City Manager and City Attorney and members of all advisory boards, commissions, and committees. The City Council also serves as the Board of Directors for the Beaumont Financing Authority, Beaumont Utility Authority, and the

Beaumont Parking Authority.

The CITY interacts with other government agencies, including but not limited to the

California Department of Transportation, the County of Riverside, RCTC, and the Santa

Ana Regional Water Quality Control Board.

3. BACKGROUND

Founded at the turn of the 20th century, Beaumont is proud of its rich history and rural charm. The town served as a welcome “stopping-off point” for early travelers making their way from the Mohave desert to Los Angeles, and later for L.A. residents eager to vacation in Palm Springs. Some, however, set down roots, drawn by the beautiful mountain vistas; clean, crisp air; and the abundance of cherry and apple orchards.

Beaumont provides the very best of rustic, rural beauty and charm, combined with the planned growth, abundant recreational opportunities, and rich community life offered by the finest Southern California cities. The progressive city of over 54,000 people, sits at

2,612 feet in elevation between Riverside and Palm Springs in the Inland Empire. The city operates 18 city-owned parks, including a 20-acre sports park as well as an extensive trails system. The Beaumont School District, with 12 schools, has an outstanding reputation, and it ranks highly in the Pass Area. The city is rounded out with various local service clubs, a state-of-the-art community recreation center, a library, two four-star golf courses, and multiple churches.

The City interacts with numerous other government agencies, including but not limited to the California Department of Parks and Recreation, the California Department of

Transportation, the County of Riverside, Riverside County Transportation Commission

(RCTC), California Department of Housing and Community Development, the Federal

Railroad Administration, the U.S. Economic Development Administration, and the U.S.

Department of Justice.

4. SCOPE OF WORK

The intent of this Request for Proposal (RFP) is to secure the services of a qualified contractor (“Contractor”) to provide Fourth of July Fireworks Display Services. The selected contractor must be proactive and knowledgeable of all regulations required for project acceptance. Contractor shall be an advisor, advocate, and produce a product with the best interest intended for the City within the required schedule and budget.

The Scope of Service outlined in Exhibit “A” is provided as a guideline and is intended to identify the City’s initial expectations and requirements. Contractors may suggest modifications to the proposed Scope of Services and shall expand the scope to include additional and/or optional tasks if deemed necessary to execute and facilitate the proposed services to complete the Project. At a minimum, the following specific tasks are to be included in the proposed Scope of Services.

5. TERM

The initial term of the agreement shall be for the period of three (3) years with the option to renew the agreement for up to two (2) additional one-year terms, for a maximum contract term of five (5) years, subject to satisfactory performance and annual appropriation of funds. Unless otherwise agreed to by the parties or as may be required by law, any renewal shall be based on the same prices, terms and conditions as the initial term.

6. PROPOSAL REQUIREMENTS

Proposals shall clearly address all the information requested and describe the methodology to be used to accomplish each of the project tasks. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement these services. The City relies on the qualifications and competence of the selected contractor to be knowledgeable of the general areas identified in the scope of services. The City will not approve an addendum to the selected contractor’s agreement which do not involve a substantial change from the general scope of work identified in this RFP.

The proposal shall clearly address all 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. Proposers shall submit one copy of the proposal and one copy of the cost proposal on the

Planetbids portal, both proposals will need to be submitted separately.

A. Cover Letter: Maximum of two (2) 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 contractor contractually. The 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 contractor. The cover letter constitutes certification by the contractor, under penalty of perjury, that the contractor complies with nondiscrimination requirements of the State and Federal

Government. An unsigned proposal or one signed by an individual unauthorized to bind the contractor may be rejected.

B. Introduction/Information: Introduction of the service proposal, including a statement of understanding for the types of services contemplated, shall be a maximum of two (2) pages. Provide the name of the Contractor submitting the proposal, its mailing address, telephone number, and the name of the individual to contact if further information is required. Any participating contractors and proposed sub-contractors shall be identified and included in the proposal (all sub-contractors must be approved by City prior to signing the agreement with City).

C. Approach: The proposal should set forth a detailed work plan, including an explanation of the methodology and process for providing the services required in this RFP. The contractor’s approach to delivering the scope of services including the ability to respond to the City’s required response times, shall be a maximum of six (6) pages. Describe the contractor’s approach to communicating effectively with City staff and officials, other jurisdictional stakeholders, and the public, to facilitate successful delivery of assigned tasks.

D. Contractor Profile: The Contractor Profile shall be a maximum of five (5) pages.

Provide a description of the contractor, including number of skilled personnel, years in business, office location(s), organizational structure (e.g., corporation, partnership, sole practitioner, etc.), areas of particular expertise, etc. to include

Contractor’s License Types and Numbers. Location of principal office that will be responsible for the implementation of this contract.

In addition, any participating contractors and proposed subcontractors shall be identified and included in the proposal (all subcontractors must be approved by the City prior to signing the agreement with the City).

E. References: The References section shall be a maximum of three (3) pages.

Provide at least three (3) references from previous cities, counties or other agencies for similar work completed within the last five (5) years, which include:

name, address, contact person, contact email and phone number for the agency, length of time services were provided, staff assigned to each project by your contractor, and a description of the services provided. All submitted materials shall become the property of the City of Beaumont.

F. Scope of Services: Provide a description of the tasks, sub-tasks, and deliverables that will be provided, in a maximum of ten (10) pages. The Scope of Services should be presented in a logical format that can be easily attached to the

General Services Agreement (Exhibit B). Any additional items not mentioned above in the list but needed to get to full design and construction shall be included in the proposal as additional items for consideration.

G. Project Schedule: Provide a comprehensive Critical Path Method (CPM) schedule describing the nature and estimated timeline of proposed work objectives and milestones. Gannt chart preferred.

H. Cost proposal: Provide detailed cost of services in a separate sealed envelope.

Costing should include:

▪ Lump sum cost for the complete turnkey fireworks display.

▪ Annual pricing for each optional renewal year.

▪ Pricing for postponement due to weather or emergency conditions.

▪ Pricing for cancellation after mobilization, if applicable.

Please note, Proposers shall be expected to preplan to make cost saving reductions wherever possible. Pricing shall be all-inclusive of the document imaging and quality control process (prep, naming, OCR, folder creation, organization, re-fastening/binding content, etc.).

I. List of all current/outstanding contracts, their status, and the completion date for each contract.

J. Additional Information: The Additional Information section shall be a maximum of two (2) pages. Any other information that should be considered, such as any special services or customer service philosophy, which defines your contractor’s practice.

K. Insurance: The contractor will be required to have general liability insurance at a minimum of two million per occurrence, state required worker’s compensation, and one million vehicle coverage including comprehensive and collision insurance naming the City of Beaumont as additional insured. Detailed insurance requirements can be found in the agreement provided in Exhibit “B.” The proposal shall comply with the insurance requirements, if awarded, at time of contract execution.

7. SUBMITTAL

Submit one (1) digital color copy of proposal and one (1) digital copy of the cost proposal in PDF format on Planetbids in accordance with the bid submission deadline provided in this RFP. Proposal must be titled “Proposal for City of Beaumont **Insert Project Title** and

Cost proposal must be titled “Cost Proposal for City of Beaumont **Insert Project Title**”

No proposals will be accepted after the due date. Once submitted, proposals cannot be altered without prior written consent from the City. The prospective bidder assumes sole responsibility for submitting a complete bid proposal in response to this RFP. No special consideration will be given after bid proposals are opened due to a bidder’s failure to comply with all requirements of the RFP.

All costs associated with preparation of any proposal shall be the sole responsibility of the proposer. Each proposal shall be limited to a maximum per section as noted and using minimum 12-point font size.

All questions regarding this RFP shall be submitted on Planetbids by the deadline for questions provided in this RFP. No questions will be accepted after the above due date.

Responses to all questions will be posted on the City’s Planetbids portal.

If prior to the question submittal due date, a prospective Company discovers any ambiguity, conflict, discrepancy, omission, or other errors in this RFP or any of its appendices, exhibits, or attachments, the Company shall immediately notify the City of such error in writing and request modification or clarification of the document.

Modifications shall be made by written Addenda to the RFP.

If a Company fails to notify the City prior to the question submittal due date, of an error in the RFP known to the Company, or an error that reasonably should have been known to the Company, the Company shall submit its Proposal at its own risk, and if the

Company is awarded a Contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.

All communications regarding technical, scope, and/or project-related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via “Q&A” through the City’s Electronic

Bidding System, Planetbids, before the deadline and according to these specifications herein.

The Proposer may provide a list of exceptions, edits, or modifications to the proposed

Standard Agreement during the Question and Answer process. The City has no obligation to accept any proposed exception, edit, or modification. Proposers will be evaluated on the required services only and any requested exceptions, edits, or modifications will not affect the proposer responsiveness to the RFP. The City reserves the right to make modifications to the Standard Agreement and if selected by the City, the proposer agrees to execute the City’s Standard Agreement Exhibit “B” with or without modification.

SUBMITTAL SCHEDULE:

Event Date

RFP Issued August 27, 2026

Questions submitted on Planet Bids deadline September 11, 2026 11AM

Proposals Due September 28, 2026 11AM

Interviews (if required) October 13-15, 2026

Award Date (Tentatively) November 3, 2026

8. 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.

9. AMENDMENTS TO REQUEST FOR PROPOSALS

The CITY reserves the right to amend the RFP by addendum prior to the final proposal submittal date. The addenda will be posted on the CITY’s Planet Bids Portal:

10. CITY OF BEAUMONT RIGHTS AND OPTIONS

This RFP does not commit the City of Beaumont to award a contract or to pay any cost incurred with the preparation of a proposal or contract for services described herein.

The City may, in its sole discretion and without any obligation to act reasonably, reject any and all proposals, waive informalities and minor irregularities in any proposal reviewed, negotiate with any qualified source submitting a proposal, extend deadlines, and/or request additional information. Subsequent to negotiations, prospective contractors may be required to submit revisions to their proposals. 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.

The City reserves the right to postpone selection for its own convenience, to withdraw this

RFP at any time, and to reject any and all proposals without indicating any reason for such rejection. As a function of the RFP process, the City of Beaumont reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services and scope of work. Proposals submitted in response to the RFP will not be returned.

All property rights, including publication rights of all reports produced by respondents in connection with services performed under this agreement will be vested in the City. In addition, respondents will not publish or release any of the results of its examination without the express written permission of the City.

11. CONFLICT OF INTEREST

The Contractor 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 contractor shall also list current clients who may have a financial interest in the outcome of this contract.

12. PROPOSAL EVALUATION/SELECTION

The City intends to engage the most qualified contractor available that demonstrates a thorough understanding of the City’s needs. City staff will use the following criteria to evaluate the proposals:

1. Proposed Show Design, Creativity & Choreography Available Points = 35

2. Related experience and previous projects Available Points = 25

3. Project Team, Safety Record & Operational Approach Available Points = 10

4. Cost and Cost Effectiveness Available Points = 20

5. References Available Points = 10

Total Points Available = 100

The City reserves the right to reject any and all proposals.

CONTACT WITH ANY CITY EMPLOYEE OTHER THAN THE CONTACT NAMED IS STRICTLY

PROHIBITED AND WILL BE CAUSE FOR DISQUALIFICATION OF THE PROPOSAL.

Attachments

A. Exhibit A- Scope of Services

B. Exhibit B- Sample General Services Agreement

Exhibit “A”

Scope of Work

1. PURPOSE

The selected Contractor shall furnish all labor, supervision, pyrotechnic materials, equipment, transportation, permits, licensing, insurance, computerized firing systems, soundtrack synchronization equipment, setup, display operations, cleanup, disposal, and all other incidentals necessary to provide a complete turnkey fireworks display.

2. CITY OBJECTIVES

The City seeks to partner with a contractor that shares its commitment to producing one of the premier municipal fireworks displays in the Inland Empire. The fireworks display serves as the culminating event of the City's Freedom Festival and is intended to provide a memorable experience for residents and visitors while showcasing the City's commitment to community engagement and high-quality special events.

The City's objectives include:

• Deliver a premier regional Independence Day fireworks display that attracts residents and visitors from throughout the region.

• Provide a safe, family-oriented event that complies with all applicable federal, state, and local regulations.

• Maximize visibility for spectators located throughout Beaumont Sports Park by designing the display around the unique characteristics of the site.

• Utilize creative choreography, synchronized music, and a diverse variety of aerial effects to create an engaging and memorable experience.

• Produce a display that emphasizes high-quality aerial effects, vibrant color, pacing, and a dramatic grand finale.

• Establish a long-term partnership with a contractor committed to innovation, collaboration, reliability, and continuous improvement of Beaumont's annual fireworks program.

3. EVENT INFORMATION

The anticipated event shall include:

• Event: Fourth of July Celebration / Freedom Festival

• Event Venue: Beaumont Sports Park, Beaumont, California

• Fireworks Launch Site: Vacant approximately 30-acre parcel located west of

Beaumont Avenue and south of Cougar Way

• Display Date: July 4 annually (or as otherwise scheduled by the City)

• Approximate Display Time: 9:00 p.m. (subject to change)

• Anticipated Attendance: Approximately 8,000 to 12,000 spectators

The Contractor shall familiarize itself with the event venue, launch site, surrounding development, prevailing site conditions, and primary spectator viewing areas prior to preparing its proposal.

The City reserves the right to modify the event date, launch location, display time, or event layout due to weather, emergency conditions, operational needs, or other circumstances beyond the City's control.

4. SCOPE OF SERVICES

A. Fireworks Display Design

The Contractor shall:

• Design a professionally choreographed aerial fireworks display suitable for a large municipal Independence Day celebration.

• Utilize a balanced variety of shell sizes, colors, aerial effects, sequences, and finales.

• Include aerial shells up to six (6) inches in diameter.

• Design the display to maximize visibility for spectators located throughout

Beaumont Sports Park and adjacent designated viewing areas.

• Recognize that the primary viewing area at Beaumont Sports Park is separated from the launch site by mature Deodar pine trees and other existing site features.

The display shall therefore emphasize medium- and high-altitude aerial effects to ensure maximum visibility for spectators.

• Utilize pacing, sequencing, color, and shell placement to maintain audience engagement throughout the display.

• Produce a continuous performance with minimal dead time between sequences.

• Design the display specifically for the Beaumont event and venue rather than utilizing a generic fireworks program.

B. Minimum Performance Requirements

The fireworks display shall:

• Last a minimum of nineteen (19) continuous minutes from the first launch through the conclusion of the grand finale.

• Utilize aerial shells up to six (6) inches in diameter.

• Include aerial effects with a minimum display height of one hundred fifty (150) feet.

• Include a minimum of twenty-five percent (25%) shells of four (4) inches or larger, with the remaining shells consisting of a balanced mix of shell sizes up to six (6) inches.

• Emphasize medium- and high-altitude aerial effects designed for long-distance visibility.

• Limit the use of low-level effects and ground-based pyrotechnics except where incorporated into the opening sequence, transitional effects, or grand finale.

• Be electronically fired and fully synchronized to a City-approved musical soundtrack utilizing a computerized firing system.

• Provide all hardware, software, synchronization equipment, and technical expertise necessary to ensure accurate synchronization between the fireworks display and soundtrack.

• Coordinate soundtrack timing and synchronization testing with the City's event staff prior to the performance.

• Include a dramatic grand finale lasting no less than sixty (60) seconds.

• Provide a balanced combination of shell sizes, colors, pacing, aerial effects, and finale sequences appropriate for a premier municipal Independence Day celebration.

C. Equipment and Materials

The Contractor shall provide all equipment and materials necessary to perform the work, including but not limited to:

• Fireworks and pyrotechnic products.

• Mortars and launch equipment.

• Computerized electronic firing system.

• Soundtrack synchronization equipment.

• Wiring and ignition equipment.

• Safety equipment.

• Storage equipment.

• Transportation.

• Site protection materials.

• Cleanup equipment.

• All other equipment necessary to provide a complete turnkey fireworks display.

D. Licensing and Permits

• Possess all licenses required by the State of California.

• Maintain all permits required by the California State Fire Marshal.

• Coordinate with the City's Fire Department, Fire Marshal, Police Department, and other regulatory agencies.

• Obtain all permits and approvals required by agencies having jurisdiction.

• Comply with all applicable federal, state, and local laws governing public fireworks displays.

E. Site Preparation

• Coordinate setup activities with City staff.

• Coordinate the final location and layout of the launch area within the designated launch site to maximize spectator visibility while maintaining all required safety distances.

• Secure the launch area.

• Install all firing equipment.

• Conduct all required pre-show inspections.

• Verify compliance with all applicable safety requirements prior to the display.

F. Display Operations

• Provide all licensed pyrotechnic operators and assistants.

• Conduct the fireworks display.

• Maintain communication with designated City representatives during the event.

• Coordinate the event countdown with City staff.

• Coordinate soundtrack synchronization testing prior to the event.

• Suspend operations if unsafe conditions exist.

G. Cleanup

Following the display, the Contractor shall:

• Remove all fireworks equipment.

• Remove all fireworks debris generated by the display.

• Properly dispose of unfired materials in accordance with applicable regulations.

• Leave the launch area in a clean and safe condition.

• Conduct a post-display inspection with the City's representative, if requested.

5. SAFETY REQUIREMENTS

The Contractor shall comply with all applicable federal, state, and local laws, including but not limited to:

• California Code of Regulations, Title 19.

• California State Fire Marshal requirements.

• National Fire Protection Association (NFPA) 1123.

• All requirements of the City of Beaumont Fire Department.

The Contractor shall conduct all operations in a safe manner and maintain all required safety distances.

6. CONTRACTOR QUALIFICATIONS

• Possess a valid California State Fire Marshal Public Display Operator License.

• Be licensed to conduct public fireworks displays within the State of California.

• Have a minimum of five (5) years of experience producing municipal fireworks displays.

• Demonstrate successful completion of at least five (5) comparable municipal fireworks displays within the past five (5) years.

• Demonstrate experience producing displays utilizing shells up to six (6) inches in diameter.

• Demonstrate experience producing electronically fired, music-synchronized fireworks displays.

• Maintain sufficient staffing and equipment to safely perform the work.

• Maintain all required insurance throughout the contract term.

7. WORK AUTHORIZATION

The Contractor shall coordinate all activities with the City's designated event representative.

No substitutions to the proposed fireworks display design shall be made without prior approval from the City, except where required due to product availability, safety considerations, or regulatory requirements.

8. PERFORMANCE STANDARDS

• Meet all scheduled milestones.

• Coordinate effectively with City staff and public safety agencies.

• Conduct all work in a safe and professional manner.

• Comply with all applicable laws and regulations.

• Provide a high-quality fireworks display meeting or exceeding the minimum performance requirements of this Scope of Work.

9. ANNUAL PRICE ADJUSTMENTS

The proposed contract price for the initial contract year shall remain firm.

For each renewal year, the Contractor may request an adjustment to the annual contract price by submitting a written request to the City no later than one hundred twenty (120) days prior to the scheduled event date. Any request shall include documentation supporting the proposed adjustment.

The City recognizes that the fireworks industry is subject to market conditions that may significantly affect the cost of imported fireworks products, including tariffs, import restrictions, changes in international trade policy, shipping and freight costs, manufacturer price increases, and other supply chain disruptions beyond the

Contractor's reasonable control.

Accordingly, the City is willing to consider equitable adjustments to the annual contract price when such extraordinary circumstances result in documented increases in the

Contractor's actual cost of providing the required fireworks display.

The Contractor shall make reasonable efforts to mitigate increased costs through advance purchasing, inventory management, and supplier negotiations. Requests for adjustments shall be limited to documented cost impacts directly attributable to extraordinary market conditions and shall not include increases associated with normal business operations or changes in profit margins.

The City and Contractor shall negotiate in good faith to reach a mutually acceptable adjustment when justified by the supporting documentation. Any approved adjustment shall be subject to a written amendment to the Agreement.

Exhibit “B”

AGREEMENT FOR GENERAL SERVICES

BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR GENERAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the _________________, 2026 by and between the CITY OF BEAUMONT, a California municipal corporation (“City”) whose address is 550 E. 6th Street, Beaumont, California

92223, and ______________________, a California ___________ whose address is ____________

(“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”

RECITALS

This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. City desires to engage Contractor to provide the following services: [brief general description of 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 [GENERAL SERIVCE AGREEMENTS MAY

HAVE A TERM OF 3 YEARS WITH TWO 1 YEAR RENEWALS IF APPROVED BY CITY COUNCIL

(Beaumont Municipal Code 3.01.040(I))] __ (__) 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:

[Specific description of Services (detailed description of specific services, deliverables, and expected outcomes)] in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates ___________ as Contractor’s

Representative responsible for overseeing the Services provided by Contractor (“Contractor’s

Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager

(“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.

3. Associates and Subcontractors. Contractor may, at Contractor’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as Contractor deems necessary to perform the Services; provided, however, that Contractor shall not subcontract any of the Services without the prior written consent of City.

4. Compensation.

4.01 Contractor shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by City to Contractor under this Agreement shall not exceed the amount of _____________ Dollars and Zero Cents ($[__])..

4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.

4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:

a. Determination that any hourly fee charged is consistent with this

Agreement's approved hourly rate schedule;

b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;

c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to

Contractor of the adjustment.

4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty

(30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion.

5. Obligations of Contractor.

5.01 Contractor agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the City other than the

Services to be rendered and the hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

5.02 Except as otherwise agreed by the parties, Contractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. Contractor will determine the method, details, and means of performing the Services under this Agreement.

5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.

5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.

5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.

5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.

5.07 Contractor shall be solely responsible for obtaining Employment Eligibility

Verification information from Contractor’s employees, in compliance with the Immigration Reform and

Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.

5.08 In the event that Contractor employs, contracts with, or otherwise utilizes any

CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.

5.09 Drug-free Workplace Certification. By signing this Agreement, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.

5.10 Contractor shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.

5.11 Contractor shall keep itself informed concerning and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered.

5.12 Contractor warrants that it has investigated the scope, site, and conditions of the

Services, understands the challenges involved, and will perform in accordance with this Agreement.

Contractor shall promptly notify the City of any latent or unknown conditions and shall not proceed without written direction from the Project Manager.

All Services shall be of good quality and free from defects. For one year after final acceptance (or longer if required by other warranties), Contractor shall, at its sole expense and within ten (10) days of notice, correct any defective or non-conforming Services and repair related damage, including work of others affected thereby. Corrected Services shall carry a renewed one-year warranty from the date of acceptance.

If Contractor fails to fulfill these obligations, the City may correct the work at Contractor’s expense, and

Contractor shall reimburse the City upon demand. Payment by the City shall not be deemed acceptance of defective work.

5.13 Time is of the essence in the performance of this Agreement.

6. Insurance. Contractor hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA. Therefore, throughout the duration of this Agreement, Contractor hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall provide the following types and amounts of insurance:

6.01 Commercial general liability insurance in an amount of not less than $2,000,000 per occurrence and $4,000,000 in the aggregate; Contractor agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents.

Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident. If

Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.

6.03 Workers’ Compensation insurance for any of Contractor’s employees that will be providing any Services hereunder. Contractor will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any Workers’ Compensation insurance will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’

Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.

6.04 Optional Insurance Coverage. Choose and check one: Required __ /Not Required

__; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by Contractor, its employees and/or agents in the performance of any Services for City.

7. General Conditions pertaining to Insurance Coverage.

7.01 No liability insurance coverage provided shall prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.

7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M.

Best rating of “A:VII”. The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

7.04 Self-insurance does not comply with these insurance specifications. Contractor acknowledges and agrees that that all insurance coverage required to be provided by Contractor or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7.06 Contractor agrees to provide immediate notice to City of any claim or loss against

Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

8. Indemnification.

8.01 Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by Contractor or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that

City would not enter into this Agreement in the absence of the commitment of Contractor to defend, indemnify, and protect City as set forth herein.

a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by

Contractor as they are incurred by City.

b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

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…