HomeMy Public PortalAboutAgendas - Sep. 06, 2011Agenda
Beaumont City Council
Beaumont Redevelopment Agency
Beaumont Financing Authority
Beaumont Utility Authority
Beaumont Charitable Foundation
Beaumont Conservation Authority
550 E. 6th Street, Beaumont, California
Regular Session (6:00 p.m.)
Workshop (after Regular Session.)
Closed Session (after Workshop Session)
Tuesday, September 6, 2011
"Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet
are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours"
REGULAR SESSION
Regular Session to begin at 6:00 p.m. Place: Civic Center, Room 5
Roll Call: Mayor De Forge , Mayor Pro Tern Berg , Council Member
Castaldo , Council Member Fox , Council Member Gall
Invocation:
Pledge of Allegiance:
Presentation: Mark Hodnick — Table of Plenty
Adjustments to Agenda:
1. COUNCIL REPORTS (This is the portion of the agenda where the City Council will present updates on
city actions taken, committee assignments, and training and travel)
a)
Mayor De Forge
b)
Mayor Pro Tern Berg
C)
Council Member Castaldo
d)
Council Member Fox
e)
Council Member Gall
2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right; Keep a customer
service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic
solutions; Embrace positive change)
a. Beaumont Charitable Foundation (made up of donations from citizens, employees and contractors)
1) Charitable Foundation Golf Tournament Update
2) Rummage Sale Update
3) MDA Telethon Update
b. Community Information and Local Project Update
1) Day of Remembrance — 911 Observance
2) Centennial Update
3) Lighting at Sports Park
4) City of Beaumont Community Outlook
C. Calendar of Events
1) September 7 — November 9 — Parent Project
2) September 7, 2011 - Beaumont Pass Transit — T.E.A.M. Meeting
3) September 10, 2011 — Low Cost Animal Clinic
4) September 10, 2011 — Beaumont Spirit Run
5) September 11, 2011 — Day of Remembrance — 911 Observance
6) September 11, 2011 — Flag Dedication at Fire Station 20
7) September 17, 2011 — Household Waste Collection — Lamb Canyon Landfill
8) September 16 —18, 2011 - 22nd Annual Oktoberfest
9) Vt Wednesday of each Month — Beaumont Care Awareness Team
10) Second and Third Wednesday of Each Month — Story Time Cafe
11) Potential Summer Schedule for City Council Meetings — September 6
d. Rumor Control, and Report on Oral and Written Communications
3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a Public Hearing or
discussion.)
a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary
b. Approval of the Minutes of the City Council Meeting August 16, 2011
C. Approval of the Warrant List for September 6, 2011.
d. Ordinance No. 1001 to continue the Existence of the Beaumont Redevelopment Agency
by Implementing Assembly Bill XI 27
e. Ordinance No. 1002 — An Ordinance of the City Council of the City of Beaumont
Renumbering Section 17.15 of Title 17 of the Beaumont Municipal Code Entitled "Single
Room Occupancy Facilities" to Section 17.16 (This ordinance only changes BMC Section
17.15 to BMC Section 17.16 to avoid duplicate numbering).
f. Approval of Charitable Foundation Funding Request for Veteran's Expo.
g. Approval of Supplemental Agreement for Community Development Block Grant (CDGB)
2011 -2012.
h. Award of Agreement for Pavement Management and Street Repair — Emergency Repair of
Sink Hole at various locations.
i. Award of Agreement for Pavement Management and Street Repair — Viele Street
Recommendation: Approval of the Consent Calendar as presented.
4. ACTION ITEMS /PUBLIC HEARING /REQUESTS
(This portion of the Agenda is for items that require a Public Hearing, discussion, and/or Council direction.)
a. Guidelines and Program Budget for Beaumont Charitable Foundation
Recommendation: Staff Recommends 1) Approve Guidelines; 2) Approve Program
Budget; and 3) Mayor Assign two Council Members to the Foundation Sub - Committee
b. Collection of Recycled Water Facility Fee
Recommendation: Staff recommends 1) Take no action on the BIA request; or 2) Direct
staff to Collect the Facility Fee and Deposit such funds into an escrow account until
January 1, 2012 at which time staff will bring this issue back to Council.
5. ORAL AND WRITTEN COMMUNICATIONS:
Anyone wishing to address the City Council on any matter not on the agenda of this
meeting may do so now. The oral communications portion of the agenda is to hear
public: comments. It is the City Council's policy not to discuss matters brought up as
public comment until they are added to the agenda of a future meeting. Anyone wishing
to speak on an item on the agenda may do so at the time the Council considers that
item. All person(s) wishing to speak must fill out a "Request to Speak Form" and give it
to the City Clerk at the beginning of the meeting. The forms are available on the table at
the back of the room. There is a three (3) minute limit on public comments. There will be
no sharing or passing of time to another person.
6. WORKSHOP
No items schedule at time of posting
7. CLOSED SESSION
Closed Session to begin after regular session Place: City Manager Conference Room
a. Conference with Labor Negotiator — Pursuant to Government Code Section 54957.6
City Negotiator as Personnel Director, Alan Kapanicas
Employee Organizations - Management Employees as Individuals
b. Pursuant to Government Code 54956.9 (a)— Existing Litigation
1) Western Riverside Council of Governments vs City of Beaumont RIC 536164
2) Outdoor Media Group vs City
3) Oak Tree Alternative Care v. City of Beaumont RIC 1109687
4) Ochs v. City of Beaumont RIC 1100933
Adjournment of the City Council Meeting at p.m.
Any Person with a disability who requires accommodations in order to participate in this meeting should
telephone Shelby Hanvey at 951 - 769 -8520 ext. 323, at least 48 hours prior to the meeting in order to
make a request for a disability - related modification or accommodation
mber 11,
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Oktoberfest Noble Creek Sat -12pm
Sun -12pm-
009119Kv9VYTYSERVI -CES (DEPggWME9Vrl: 951- 769 -8524
Offers a variety of recreationafactivities andspecidevents. This department is also responsi6le for
afl-eity fatties, including parks and buildings. The Civic Center at 550 E. 6th St. is available to
rent for special occasions. We offer a 5, 000 square foot multipurpose room, four meeting rooms,
and a full- service kitchen. Please cafrthe num6er above for more information /pricing.
Albert A. Chatiguy Sr. Community Recreation Center - The `CRC'
This new community center officially opened it's doors to the public in June, 2009! If any assistance is
required from the Community Services Department, the CRC is the place you want to go!
It is located at 1310 Oak Valley Pkwy, crossing Cherry Ave, and can be reached at 951- 769 -8524.
1 �►nar3G �V A 1� �S�3C �V 1�n�
BEAUMONT CITY AFTER - SCHOOL DAYCAMP 951)769 -8524
After-School Day Camp is a service provided for school aged children,
grades Kindergarten -5th, to have a fun and safe place to go after school. Here
at the Albert A. Chatigny Sr. Community Recreation Center (CRC), they can
play, do home work, and socialize with other children in the community. We
provide arts & crafts, a computer lab for studies, and play structures and
grassy areas for the kids to enjoy.
Regular hours of operation are Monday thru Friday from 12:00 PM -6:oo PM:
Cost is $15.00 per week, per child donation request. School starts August 16.
Register now for the 2011 -2012 school year at the CRC!!!
Check out the reverse side for info on our Teen Center!
Looking for more info? find it online at www,ci,beaumont ca. us
CITY OF BEAUMONT
INFORMATION CONTACTS
"THE BASICS!"
City of Beaumont
951- 769 -8520
Community Services
951 -769 -8524
Building & Safety
951- 769 -8529
Senior Center
951- 769 -8539
Beaumont Chamber
951- 845 -9541
EMERGENCY
911
Police (non emergency)
951 - 769 -8500
Fire (non emergency)
951- 845 -3718
Sheriff (non emergency)
951- 922 -7100
Highway Patrol
951- 769 -2000
Animal Control
951- 769 -8500
Hospital
951 - 845 -1121
BMT Library
951- 845 -1357
Beaumont /CV Water
951- 845 -9581
The Gas Company
(800) 427 -2200
So. Cal. Edison
(800) 655 -4555
Verizon (residential)
(800) 483 -4000
Time Warner (cable)
(800) 964 -2783
Waste Management
(800) 423 -9986
Beaumont School Dist
951- 845 -1631
Dial -A -Ride
951- 769 -8532
BMT Community Youth
Basketball
951- 769 -8524
Youth Baseball/ Softball
951- 845 -9034
Noble Creek Park/Rec.
951 - 845 -9555
AYSO Soccer
www.passareaayso.org
DATE
EVENT LOCATION TIME
M
Sept
City Offices Closed Civic Center
All Day
5
for Labor Day CRC
D
Sept
Spirit Run Stewart Park 6:45am
10
Registration
Sept
M 11
Sept
cn 16 -18
Day of Remembrance Stewart Park 4pm
Fri-Spm
Oktoberfest Noble Creek Sat -12pm
Sun -12pm-
009119Kv9VYTYSERVI -CES (DEPggWME9Vrl: 951- 769 -8524
Offers a variety of recreationafactivities andspecidevents. This department is also responsi6le for
afl-eity fatties, including parks and buildings. The Civic Center at 550 E. 6th St. is available to
rent for special occasions. We offer a 5, 000 square foot multipurpose room, four meeting rooms,
and a full- service kitchen. Please cafrthe num6er above for more information /pricing.
Albert A. Chatiguy Sr. Community Recreation Center - The `CRC'
This new community center officially opened it's doors to the public in June, 2009! If any assistance is
required from the Community Services Department, the CRC is the place you want to go!
It is located at 1310 Oak Valley Pkwy, crossing Cherry Ave, and can be reached at 951- 769 -8524.
1 �►nar3G �V A 1� �S�3C �V 1�n�
BEAUMONT CITY AFTER - SCHOOL DAYCAMP 951)769 -8524
After-School Day Camp is a service provided for school aged children,
grades Kindergarten -5th, to have a fun and safe place to go after school. Here
at the Albert A. Chatigny Sr. Community Recreation Center (CRC), they can
play, do home work, and socialize with other children in the community. We
provide arts & crafts, a computer lab for studies, and play structures and
grassy areas for the kids to enjoy.
Regular hours of operation are Monday thru Friday from 12:00 PM -6:oo PM:
Cost is $15.00 per week, per child donation request. School starts August 16.
Register now for the 2011 -2012 school year at the CRC!!!
Check out the reverse side for info on our Teen Center!
Looking for more info? find it online at www,ci,beaumont ca. us
CITY OF BEAUMONT
INFORMATION CONTACTS
"THE BASICS!"
City of Beaumont
951- 769 -8520
Community Services
951 -769 -8524
Building & Safety
951- 769 -8529
Senior Center
951- 769 -8539
Beaumont Chamber
951- 845 -9541
EMERGENCY
911
Police (non emergency)
951 - 769 -8500
Fire (non emergency)
951- 845 -3718
Sheriff (non emergency)
951- 922 -7100
Highway Patrol
951- 769 -2000
Animal Control
951- 769 -8500
Hospital
951 - 845 -1121
BMT Library
951- 845 -1357
Beaumont /CV Water
951- 845 -9581
The Gas Company
(800) 427 -2200
So. Cal. Edison
(800) 655 -4555
Verizon (residential)
(800) 483 -4000
Time Warner (cable)
(800) 964 -2783
Waste Management
(800) 423 -9986
Beaumont School Dist
951- 845 -1631
Dial -A -Ride
951- 769 -8532
BMT Community Youth
Basketball
951- 769 -8524
Youth Baseball/ Softball
951- 845 -9034
Noble Creek Park/Rec.
951 - 845 -9555
AYSO Soccer
www.passareaayso.org
IP
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OUML�4 cr,ss�s �„• Albert A. Chatigny Sr. Community Center
Latin fitness party at the Gymnastics Free Play in the Gym
CRC -1310 Oak Valley Pkwy NO MEMBERSHIP
Tues 4- Thurs 6- UPM 730ph7 2VMgA Mon & Wed 3:30 & 4:30
■ For More Info Call:
909- 338 -5867
For more info Ca// Maria at 769:3275 _ (909- 338 -JUMP)
NK Zumba Gold
S-tarting
gC}1t
September 27
9a m -ioa m
call Cris'ty 797 -aoga
Day of Remembrance
September 11,2011
ftewart Park
4PM'
Tesfimonia /t, Reflections &
k_
Jump Start Gymnastics
for
t may` , 0& C2yrs -5yrs)
Ionaays 3.30pm- 4.30pn
i? don by app t. only
909 338 JUMP
Free 6w4ing & hb m*n it VW=
Em}'Maidbyall�e QQC9am�?pn
041900-3762krik
• Ke Aloha O Ka HULA
�• Hula Dance Class
Fridays at 6:00 pm
ma For More Info Call:
GOLD 951 - 318 -3015
Beaumont City
Darr Cams
Mon -Fri: 12pm -6pm
$15 Per Week
Begins August 16th
Call for Info
951 -769 -8524
N'Basketball
Sign up
Dates TBA
Story Time
Plus Activity!
Every Wednesday
11:15am- 12:00pm
For kids 0 -5yrs old!
Mom's Club Of Beau-
mont & Cherry Valley
Every First Thursday
10:30am -12:pm $15 Yearly
For More Info Visit:
www.meetup.com/
MOMSClub -CVB/
Tai Chi
Fridays loam -1 lam
$15 Monthly Fee
Call
951 - 922 -9767
REQUIRED!
SCHEDULE:
Mon/Wed:BB
7:00am- 8:00am
11:00am- 1:00pm
BB & VB 6:15pm- 7:45pm
Tue /Thurs:BB
7:00am- 8:30am
10:30am- 1:00pm
6:00pm- 7:45pm
Fridays: BB
7:00am -8am
11:00am- 1:00pm
ATTENTION:
Schedule is subject to
change due to various
scheduled activities
I.D. WILL BE REQUIRED
TO PLAY, MINORS
MUST HAVE GUARDIAN
SIGNED WAIVERS
* *PLEASE BRING YOUR
OWN BALL
Senior Aerobics
Mon, Wed, & Fri 8am
For More Info Call:
951 -769 -8539
Fit After 50
Mon, Wed, & Fri
9:15am
For More Info Call:
951 -769 -8539
City of Beauniont's Community Services has it's own Teen Center at
the Albert A. Chatigny Community Recreation Center. The Teen
Center gives the opportunity for teens (Grades 6th -12th) to social-
ize, play games, and do home work in a cool, safe environment. Teen
Center is a FREE program and is open from 3:300m to 6: 000m
Monday through Thursday. A parent or guardian must complete a
registration form for any teen to join the center. Forms can be picked
up, filled out, and turned in at the CRC. NO transportation will be pro-
vided by the city for any member of our Teen Center. For more
information or questions regarding our Teen Center, please call
Community Services at 95 J- 769 8 24 -
i�
-Am
Minutes
Beaumont City Council
Beaumont Redevelopment Agency
Beaumont Financing Authority
Beaumont Utility Authority
550 E. 6th Street, Beaumont, California
Regular Session (6:00 p.m.)
Tuesday, August 16, 2011
Regular Session Called to Order at 6:00 p.m
Invocation: Ray Johnson - Fellowship in the Pass
Pledge of Allegiance: Brittney Ramos
Roll Call: Mayor De Forge, Mayor Pro Tern Berg, Council Member Castaldo, Council Member Fox, and
Council Member Gall were present.
Presentation:
BCVR &P Dist. Swing Away for MDA Check Presentation
Beaumont Volunteer Fire Company MDA Donation from Cherry Festival
Brittney Ramos - Ambassador Trip
Adjustments to Agenda:
Item 3.n moved to regular agenda as item 4.f, 3m should have stated Office of Education, not aging,
Need 4/5 vote to add Resolution RDA 2011 -06 to the agenda, approval required prior to next regular
meeting.
Motion by Council Member Berg, Seconded by Council Member Fox to add Resolution No. RDA 2011-
06 to item 4.a. Vote: 5/0
1. COUNCIL REPORTS (This is the portion of the agenda where the City Council will present updates on city actions
taken, committee assignments, and training and travel)
a) Mayor De Forge - CERT Training, National Night Out, Thank staff for the Concert in the
Park Series
b) Mayor Pro Tern Berg - Beaumont Unified School Dist., No RCTC meeting, death of Barry
Steele, Traffic flow in the City.
c) Council Member Castaldo - 100 Anniversary of the Library District, Concerts in the Parks;
Four Seasons Night Out, School Board Meeting.
d) Council Member Fox - Thoughts and Prayers to fallen soldiers and families, MDA Events,
e) Council Member Gall - Transportation Meeting
2.
CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right, Keep a customer service focus;
Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions, Embrace positive
change)
a.
Beaumont Charitable Foundation (made up of donations from citizens, employees and contractors)
1)
Financial Update
2)
Swing Away for MDA Softball Tournament
3)
Brittany Ramos Ambassador Trip Report
b.
Community Information and Local Project Update
1)
Back to School Report
2)
Summer Concerts in the Park Update
3)
Day of Remembrance - 911 Observance
4)
Naming Policy
C.
Calendar of Events
1)
August 18, 2011 — Mega Mixer — Contact Chamber of Commerce for Info
2)
August 20, 2011 — MDA Annual Yard Sale
3)
August 20, 2011 — Special Olympics Plane Pull
4)
August 20, 2011 — Sausage and Beer Festival — Highland Springs Resort
5)
August 26, 2011 - John Acosta Scholarship /MDA Golf Tournament
6)
August 27, 2011 — United Way Day of Caring
7)
September 4, 2011 — Jerry Lewis MDA Telethon
8)
ls' Wednesday of each Month — Beaumont Care Awareness Team
9)
Second and Third Wednesday of Each Month — Story Time Caf6
10)
Potential Summer Schedule for City Council Meetings — September 6
d.
Rumor Control, and Report on Oral and Written Communications
CONSENT CALENDAR (This portion of the Agenda is for items that do not require a Public Hearing or discussion.)
a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary
b. Approval of the Minutes of the City Council Meeting July 19, 2011
C. Approval of the Warrant List for August 16, 2011.
d. Adoption of Ordinance No. 999 at its second reading by title only — An Ordinance of the City Council of the
City of Beaumont, California Amending Section 2.08.100 of the Beaumont Municipal Code RE: "City
Council — Salaries"
e. Adoption of Ordinance No. 1000 at its second reading by title only — Amending Chapter 17.07.070A.12
"Flags" (to allow for increased flag area and flag pole height)
f. Authorization to accept Open Space Lots for Tract 30891, Lot 121 & 30891 -1, Lots 122 & 123and Oak
Valley Parkway /Desert Lawn Drive Right -of -Way Landscaping within Ryland Homes, Shadow Creek
subdivision, Located along the North and South side of Oak Valley Parkway, West of Desert Lawn Drive,
and Along the Western side of Desert Lawn and Brutus Way, North of Oak Valley Parkway.
g. Approval of the City of Beaumont's Annual Partnership Overview per requirements of Southern California
Edison's Energy Leadership Partnership.
h. Approval of Change Order to Repair Cherry Valley Blvd. /Palmer Extension Road Improvements.
i. Approval of Change Order to First and Second Street Marketplace Repairs
j. Award Agreement for City Campus Connectivity Project
k. Reject Bids for City Campus Improvement Project Phase II as well as revising the plans and specifications
to ensure greater flexibility in the contract award to meet available budgets subject to final review and
approval by the City Attorney.
I. Approval of Business License for Alliance Non - Emergency Medical Transportation, LLC.
M. Denial of Claim — Riverside County Office of Education (corrected)
n. Approval of Letter of Intent to Lease Water Rights. (moved to Item 4.f)
Recommendation: Approval of the Consent Calendar as presented.
Motion by Council Member Berg, Seconded by Council Member Fox to approve the Consent Calendar items 3.a
through 3.m as presented. Vote: 5/0
4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a
Public Hearing, discussion, and/or Council direction.)
a. Ordinance No. 1001 to continue the Existence of the Beaumont Redevelopment Agency by
Implementing Assembly Bill XI 27 and Resolution No. RDA 2011 -06. (resolution added by
5/5 vote)
Recommendation: Hold a Public Hearing and Approve the 1 st reading of Ordinance No. 1001 by title
only and adopt Resolution No. RDA 2011 -06.
Staff report was given by Kyle Warsinski, Staff Planner
Open Public Hearing 7:07 p.m.
Speakers:
Ruth Jennings - In favor of redevelopment funding
Jerry Cody - In favor of redevelopment funding
Richard Meinhold - In favor of redevelopment funding
Closed Public Hearing 7:20 p.m.
Motion by Council Member Berg, Seconded by Council Member Gall to Approve the 1 st Reading of
Ordinance No. 1001 and Adopt Resolution No. RDA 2011 -06 as presented. Vote: 5/0
b. Ordinance No. 1002 - An Ordinance of the City Council of the City of Beaumont
Renumbering Section 17.15 of Title 17 of the Beaumont Municipal Code Entitled "Single
Room Occupancy Facilities" to Section 17.16 (This ordinance only changes BMC Section
17.15 to BMC Section 17.16 to avoid duplicate numbering).
Recommendation: Hold a Public Hearing and approve the 1 st reading of Ordinance No. 1002 by title
only. (This ordinance only changes BMC Section 17.15 to BMC Section 17.16 to avoid duplicate
numbering).
Staff report was given by Rebecca Deming, Assistant Planning Director
Open the Public Hearing 7:24 p.m.
No Speakers
Close the Public Hearing 7:25 p.m.
Motion by Council Member Castaldo, Seconded by Council Member Gall to approve the 1 st reading of
Ordinance No. 1002. Vote: 5/0
c. Short Range Transit Plan FY 2011 -2012
Recommendation: Hold a Public Hearing and approve the Short Range Transit Plan for FY
2011 -2012.
Staff report was given by Elizabeth Urtiaga, Resources Director
Open Public Hearing 7:31 p.m.
No Speakers
Closed Public Hearing 7:32 p.m.
Motion by Council Member Fox, Seconded by Council Member Berg to approve the Short Range
Transit Plan for FY 2011 -2012 as presented. Vote: 5/0
d. Request for fee waiver for the 2nd Annual Spirit Run on Saturday, September 10,
2011.
Recommendation: Approval of request for Street Closures and wavier of personnel time.
Staff report was given by Rebecca Deming, Assistant Planning Director
Motion by Council Member Berg, Seconded by Council Member Gall to approve the road closure and
fee waiver request as presented. Vote: 5/0
e. Introduction of ADA Transition Plan
Recommendation: Receive and Set Public Hearing at the regular City Council Meeting of
October 4, 2011.
Staff report was given by Rebecca Deming, Assistant Director of Planning
Open Public Hearing 7:42 p.m.
No Speakers
Close Public Hearing 7:43 p.m.
Motion by Council Member Fox, Seconded by Council Member Gall to received and set the Public
Hearing for Oct 4, 2011. Vote: 5/0
f. Approval of Letter of Intent to Lease Water Rights (moved from Consent Calendar item
3.n)
Judy Bingham - Opposed
Blair Ball - Opposed
Motion by Council Member Berg, Seconded by Council Member Castaldo to approve the Letter of
Intent and Authorize the Mayor to execute. Vote: 4/1 (Council Member Gall voted no)
5. ORAL AND WRITTEN COMMUNICATIONS:
Vince Sternjacob - Concern with lights at Sport Park. Several need to be repaired. — (Report was given
by Community Services Director that lights would again be working following an electrical repair)
Mark Knorringa - would like to see the fees for Ordinance 972 be place on the next agenda
(Council directed staff to place on the agenda of 9/1/11)
Adjournment of the City Council Meeting at 8:10 p.m
Respec 11 ubmitt
Plan Kap icas
City Manager
AGENDA ITEM NO.
WARRANTS TO BE AUDITED
CITY COUNCIL MEETING
September 6, 2011
76725 -76922
Checks
$1,270,233.12
EFT 597 -603
ACH
$1,095,917.08
EFT423 -436
Credit Card
$15,125.00
Voids
076766
$18,636.62
Payroll
08/24/11
$3,500.00
PPE 08/04/11
$458,762.47
PPE 08/18/11
$425,695.54
Mutual of Omaha
PPE 07/21/11
$17,703.83
PPE 07/21/11
$20,596.94
PPE 07/21/11
$797.32
PPE 08/04/11
$17,985.34
PPE 08/04/11
$20,614.56
PPE 08/04/11
$707.49
Cal Pers
PPE 07/21/11 $125,043.27
Ameriflex
08115111
$40.00
08/22/11
$251.27
08/15/11
$60.00
07/25/11
$40.00
08/01/11
$50.00
Guardian 08/12/11
$18,636.62
Board Of Equalization
08/24/11
$3,500.00
I DO HEREBY CERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO MEET THE
DAILY OPERATIONS FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012.
SIGNATURE: 1� Q
TITLE:,
City of Beaumont
Vendor Check Register
Check Number
Check Date
Vendor Check Name
Amount
Description:
076725
08/11/2011
AIR & HOSE SOURCE
65.00
SUPPLIES
076726
08/11/2011
AJ ENTERPRISE
867.00
UNIFORMS
076727
08/11/2011
ALTA OFFICE SERVICES
369.28
SUPPLIES
076728
08/11/2011
ANTIMITE
165.00
SERVICES
076729
08/11/2011
ARROWHEAD
23.91
SERVICES
076730
08/11/2011
WILLIAM AYLWARD
308.95
REIMBURSEMENT
076731
08/11/2011
BEAUMONT UNIQUE FLOWERS
50.00
SERVICES
076732
08/11/2011
BEAUMONT- CHERRY VALLEY W!
17,431.87
UTILITIES
076733
08/11/2011
BEAUMONT LAWNMOWER
17.39
SUPPLIES
076734
08/11/2011
VERONICA BENACOURT
80.00
REFUND
076735
08/11/2011
BEAUMONT POLICE OFFICERS P
2,000.00
DUES
076736
08/11/2011
C & AJANITORIAL SERVICES
3,160.00
SERVICES
076737
08/11/2011
CDW GOVERNMENT, INC.
981.66
SUPPLIES
076738
08/11/2011
THE REGENTS OF THE UNIVERS
317.65
SUPPLIES
076739
08/11/2011
CHERRY VALLEY NURSERY
383.46
SUPPLIES
076740
08/11/2011
CINTAS CORPORATION #150
224.64
UNIFORM
076741
08/11/2011
CITY OF INDIO /FINANCE
80,721.10
SERVICES
076742
08/11/2011
COLONIAL LIFE AND
343.66
INSURANCE
076743
08/11/2011
CR &R INC.
4,712.00
SERVICES
076744
08/11/2011
CROWN PRODUCTS
1,667.94
SUPPLIES
076745
08/11/2011
EVIDENT
196.00
SUPPLIES
076746
08/11/2011
FEDEX
8.98
SHIPPING
076747
08/11/2011
FRIJOLES
105.60
FOOD
076748
08/11/2011
GALLS, AN ARAMARK COMPANY
185.96
UNIFORMS
076749
08/11/2011
GOTHIC GROUNDS MANAGEMEP
5,595.00
SERVICES
076750
08/11/2011
GREENWOOD'S UNIFORMS
246.25
UNIFORMS
076751
08/11/2011
HARMSWORTH ASSOCIATES
1,140.00
SERVICES
076752
08/11/2011
HEITING & IRWIN
1,683.50
SERVICES
076753
08/11/2011
HI -WAY SAFETY INC
60.00
SUPPLIES
076751
08/11/2011
HOME DEPOT /CREDIT SERVICE!
327.56
SUPPLIES
076755
08/11/2011
HUNTINGTON COURT REPORTEI
1,726.94
SERVICES
076756
08/11/2011
LEXISNEXIS EXPRESS SCREENII
24.95
SERVICES
076757
08/11/2011
MCS
125.00
2858
076758
08/11/2011
NEW CREATION CHURCH
40.00
DEPOSIT REFUND
076759
08/11/2011
NEXTEL COMMUNICATIONS
150.38
PHONE
076760
08/11/2011
NISSHO OF CALIFORNIA INC
4,184.00
SERVICES
Printed 08/31/2011 3:37:51 PM Page 1 of 6
City of Beaumont
Vendor Check Register
Check Number Check Date Vendor Check Name Amount Description:
076761
08/11/2011
ZELYNE RUDOLPH
62.00
REFUND OVERPAYMNET
076762
08/11/2011
PACIFIC ALARM SERVICE
265.50
SERVICES
076763
08/11/2011
PAYCHEX HUMAN RESOURCES!
565.35
SERVICES
076764
08/11/2011
PRUDENTIAL OVERALL SUPPLY
122.06
UNIFORM
076765
08/11/2011
PURCHASE POWER
2,039.98
SERVICES
076767
08/11/2011
ROMBERG TREE SERVICE
550.00
SERVICES
076768
08/11/2011
RSI DEVELOPMENT
5,890.56
OVERPAYMENT REFUND
076769
08/11/2011
SOUTHERN CALIF.EDISON
27,160.41
UTILITIES
076770
08/11/2011
STATER BROS GENERAL OFFICE
708.98
SUPPLIES
076771
08/11/2011
SWRCB FEES
433.00
SERVICES
076772
08/11/2011
THE RECORD GAZETTE
70.88
ADVERTISING
076773
08/11/2011
TRAINING INNOVATIONS, INC.
3,000.00
TRAINING
076774
08/11/2011
TULE RANCH /MAGAN FARMS
17,888.73
SERVICES
076775
08/11/2011
UNDERGROUND SERVICE ALER-
300.50
SERVICES
076776
08/11/2011
UNITED WAY OF THE
71.00
DONATION
076777
08/11/2011
VERIZON CALIFORNIA
996.03
PHONE
076778
08/11/2011
VERIZON WIRELESS
4,274.08
PHONE
076779
08/11/2011
WEST COAST TURF
630.00
SUPPLIES
076780
08/11/2011
WILDERMUTH ENVIRONMENTAL
10,981.55
SERVICES
076781
08/11/2011
LATOSHAZEBARDASTAN
40.00
DEPOSIT REFUND
076782
08/11/2011
HIGH TECH IRRIGATION,INC.
1,874.89
SUPPLIES
076783
08/11/2011
TASO TECH, INC
3,360.00
SERVICES
076784
08/11/2011
RIVER CHURCH
500.00
DEPOSIT REFUND
076785
08/11/2011
TOLAR MANUFACTURING CO
588.00
SUPPLIES
076786
08/11/2011
WASTE MANAGEMENT, INC.
363,545.11
SERVICES
076787
08/12/2011
BRIAN STEHLI
3,000.00
LOAN
076788
08/19/2011
DARIN WANN
5,800.00
LOAN
076789
08/22/2011
1 DAY PAINT & BODY CENER
4,983.61
SERVICES
076790
08/22/2011
AIREZE OF THE DESERT
141.72
SUPPLIES
076791
08/22/2011
ACCESS 2 SAVINGS
1,746.04
SERVICES
076792
08/22/2011
AMERICAN FORENSIC NURSES
144.00
SERVICES
076793
08/22/2011
ANTIMITE
52.00
SERVICES
076794
08/22/2011
ARROWHEAD SCIENTIFIC INC
238.86
SUPPLIES
076795
08/22/2011
ASCO SERVICES INC.
1,200.00
SERVICES
076796
08/22/2011
BASICGOV SYSTEMS, INC
1,250.00
SERVICES
076797
08/22/2011
BEAUMONT- CHERRY VALLEY W/
157,056.29
UTILITIES
076798
08/22/2011
BEAUMONT CHAMBER
2,000.00
SERVICES
Printed 08/31/2011 3:37:51PM Page 2 of 6
City of Beaumont
Vendor Check Register
Check Number
Check Date
Vendor Check Name
Amount
Description:
076799
08/22/2011
BEAUMONT- CHERRY VALLEY
112,620.45
CAPITOL IMPROVEMENT PLAN
076800
08/22/2011
BIO -TOX LABORTORIES
1,149.00
SERVICES
076801
08/22/2011
CINTAS CORPORATION #150
274.77
SERVICES
076802
08/22/2011
CITY OF BANNING
2,090.00
REFENUE
076803
08/22/2011
COMSERCO
834.98
SERVICS
076804
08/22/2011
CONSOLIDATED ELECTRICAL Dl;
12.82
SUPPLIES
076805
08/22/2011
COUNTY OF RIVERSIDE SHERIFI
253.18
SERVICES
076806
08/22/2011
DANIELS TIRE SERVICE
2,130.08
VEHICLE MAINTENANCE
076807
08/22/2011
DEPARTMENT OF JUSTICE
1,763.00
SERVICES
076808
08/22/2011
FEDEX
73.29
SHIPPING
076809
08/22/2011
GALLS, AN ARAMARK COMPANY
239.95
SUPPLIES
076810
08/22/2011
GOVPARTNER
500.00
SERVICES
076811
08/22/2011
GREENWOOD'S UNIFORMS
533.85
UNIFORM
076812
08/22/2011
BIBIANAGUTIERREZ
40.00
REFUND
076813
08/22/2011
HUNTINGTON COURT REPORTEI
677.50
SERVICES
076814
08/22/2011
HUNTINGTON BEACH HONDA
1,112.00
SUPPLIES
076815
08/22/2011
JOHNSON POWER SYSTEMS
14,274.72
SERVICES
076816
08/22/2011
KAD PAVING COMPANY
14,606.00
SERVICES
076817
08/22/2011
KAISER FOUNDATION
30,576.99
MEDICAL
076818
08/22/2011
LEXISNEXIS
402.45
SERVICES
076819
08/22/2011
MAMCO, INC
10,736.25
SERVICES
076820
08/22/2011
MICROSOFT DYNAMICS
3,576.00
SERVICES
076821
08/22/2011
MOSS,LEVY & HARTZHEIM
12,000.00
SERVICES
076822
08/22/2011
NEXTEL COMMUNICATIONS
437.09
PHONE
076823
08/22/2011
NEXTEL
716.68
PHONE
076824
08/22/2011
PURCHASE POWER
512.95
SERVICES
076825
08/22/2011
QUILL CORPORATON
1,001.52
SUPPLIES
076826
08/22/2011
RAMONA HUMANE SOCIRTY INC
6,558.40
SERVICES
076827
08/22/2011
RCBA DISPUTE RESOLUTION SE
2,400.00
SERVICES
076828
08/22/2011
RIVERSIDE COUNTY SHERIFF'S
413.76
SERVICES
076829
08/22/2011
RODRIGO PENA PHOTOGRAPHY
2,868.75
SERVICES
076830
08/22/2011
S.A MOBIL CARWASH AND DETAI
1,302.00
SERVICES
076831
08/22/2011
SAN BERNARDINO COUNTY SHE
150.00
TRAINING
076832
08/22/2011
SCOTT FAZEKAS & ASSOCIATES
2,448.15
SERVICES
076833
08/22/2011
SIEMENS ENERGY & AUTOMATIC
2,759.56
SERVICES
076834
08/22/2011
SIMPLER LIFE EMERGENCY PRC
383.60
SUPPLIES
076835
08/22/2011
SOUTHERN CALIF.EDISON
43,220.54
UTILITIES
Printed 08/31/2011 3:37:51 PM Page 3 of 6
City of Beaumont
Vendor Check Register
Check Number Check Date Vendor Check Name Amount Description:
076836
08/22/2011
STANDARD AND POOR'S
2,000.00
SERVICES
076837
08/22/2011
SUN BADGE CO.
124.00
SERVICES
076838
08/22/2011
THE GAS COMPANY
95.25
UTILITIES
076839
08/22/2011
TRANSWORLD SYSTEMS INC.
749.50
SERVICES
076840
08/22/2011
U.S POSTMASTER
350.00
076841
08/22/2011
VERIZON CALIFORNIA
2,008.44
PHONE
076842
08/22/2011
VERIZON
26.49
PHONE
076843
08/22/2011
WEST PAYMENT CTR.
201.25
SERVICES
076844
08/22/2011
WEST COAST LIGHTS & SIRENS
1,464.72
SUPPLIES
076845
08/22/2011
DEREK A WILLIAMS
1,475.00
SERVICES
076846
08/22/2011
YSI INCORPORATED
2,800.00
SUPPLIES
076847
08/22/2011
ARAMARK
376.98
SUPPLIES
076848
08/22/2011
CIVICPLUS
231.50
SERVICES
076849
08/22/2011
TASO TECH, INC
3,360.00
SERVICES
076850
08/22/2011
JEFFREY FOX
200.00
ADVANCE
076851
08/23/2011
MORONGO BAND OF MISSION IN
1,617.33
SERVICES
076852
08/23/2011
MORONGO BAND OF MISSION IN
3,888.00
SERVICES
076853
08/23/2011
RUBEN ORTIZ
1,447.00
LOAN
076854
08/25/2011
RONALD MORNING
2,534.56
CASH OUT
076855
08/26/2011
ANTHONY RAKESTRAW
199.18
PAYROLL
076856
08/26/2011
GREENFEAT
4,525.00
SERVICES
076857
08/26/2011
RIVERSIDE COUNTY SHERIFF'S
90.00
TRAINING DISPATCHER CRITICAL
076858
08/26/2011
RIVERSIDE COUNTY SHERIFF'S
70.00
TRAINING DISPATVCHER ROLE
076859
08/26/2011
RIVERSIDE COUNTY SHERIFF'S
182.00
TRAINING COLL INVESTIGATION
076860
08/26/2011
ALAN C.KAPANICAS
177.50
PER DIEM
076861
08/26/2011
AMERICAN FORENSIC NURSES
288.00
SERVICES
076862
08/26/2011
ANTIMITE
165.00
SERVICES
076863
08/26/2011
WILLIAM AYLWARD
369.00
REIMBURSEMENT
076864
08/26/2011
BEAUMONT- CHERRY VALLEY W{
150.46
UTILITIES
076865
08/26/2011
BEAUMONT CHAMBER
7,530.00
SERVICES
076866
08/26/2011
BEAUMONT LAWNMOWER
105.24
SERVICES
076867
08/26/2011
ROGER BERG
177.50
PER DIEM
076868
08/26/2011
BPS TACTICAL INC
80.81
SUPPLIES
076869
08/26/2011
C & A JANITORIAL SERVICES
3,160.00
SERVICES
076870
08/26/2011
CALIFORNIA BUILDING OFFICIAL
300.00
TRAINING
076871
08/26/2011
CASH BOY TOWING
60.00
SERVICES
076872
08/26/2011
DAVID CASTALDO
177.50
PER DIEM
Printed 08/31/2011 3:37:51PM Page 4 of 6
City of Beaumont
Vendor Check Register
Check Number Check Date Vendor Check Name Amount Description:
076873
08/26/2011
CINTAS CORPORATION #150
682.52
UNIFORM
076874
08/26/2011
CITY OF BANNING
280.00
ANIMAL CARE
076875
08/26/2011
COUTS HEATING & COOLING
340.16
SUPPLIES
076876
08/26/2011
COCA -COLA ENTERPRISES
1,720.00
SUPPLIES
076877
08/26/2011
COUNTY OF RIVERSIDE
684.00
SERVICES
076878
08/26/2011
COUNTY OF RIVERSIDE SHERIFI
288.51
SERVICES
076879
08/26/2011
DINERS CLUB
2,980.87
SUPPLIES
076880
08/26/2011
EMPLOYMENT DEVELOPMENT D
138.48
SERVICES
076881
08/26/2011
FAIRWAY SPONSORS
298.80
SUPPLIES
076882
08/26/2011
NANCY GALL
177.50
PER DIEM
076883
08/26/2011
GASSCO
41.92
SUPPLIES
076884
08/26/2011
GOTHIC GROUNDS MANAGEMEP
5,330.00
SERVICES
076885
08/26/2011
HEITING & IRWIN
283.50
SERVICES
076886
08/26/2011
HI -WAY SAFETY INC
1,930.75
SUPPLIES
076887
08/26/2011
HOME DEPOT /CREDIT SERVICE:
1,116.79
SUPPLIES
076888
08/26/2011
HUNTINGTON COURT REPORTEI
387.50
SERVICES
076889
08/26/2011
J AND T'S AUTOMOTIVE CLINIC
2,560.00
SERVICES
076890
08/26/2011
JEFFREY FOX
177.50
PER DIEM
076891
08/26/2011
JOHNSON POWER SYSTEMS
20.00
SUPPLIES
076892
08/26/2011
KAD PAVING COMPANY
12,955.75
SERVICES
076893
08/26/2011
KING LUNINAIRE
66,360.00
SUPPLIES
076894
08/26/2011
KNOTT'S BERRY FARM
615.72
TICKET SALES
076895
08/26/2011
LIFE ASSIST
12.36
SUPPLIES
076896
08/26/2011
MST BACKFLOW
6,213.67
SERVICES
076897
08/26/2011
NAPA AUTO PARTS
140.79
SUPPLIES
076898
08/26/2011
NATIONAL CONSTRUCTION REN
222.33
SERVICES
076899
08/26/2011
NATURES IMAGE, INC
3,581.14
SERVICES
076900
08/26/2011
PEGGY BARRETT
40.00
REFUND
076901
08/26/2011
PRO -PIPE & SUPPLY
529.19
SUPPLIES
076902
08/26/2011
ZIYAD RAHMAN
60.00
REFUND
076903
08/26/2011
RIVERSIDE COUNTY INFORMATI,
118.72
SERVICES
076904
08/26/2011
RIVERSIDE COUNTY SHERIFF'S
2,464.00
TRAINING 24 HR AOT PERISHABLE
076905
08/26/2011
CHERYL ROWELL
8.00
REFUND
076906
08/26/2011
SADDLEBACK MATERIALS
392.00
SUPPLIES
076907
08/26/2011
SOUTHERN CALIF.EDISON
7,888.57
UTILITIES
076908
08/26/2011
STATE CONTROLLER'S OFFICE
100.00
SERVICES
076909
08/26/2011
STERICYCLE INC.
121.30
SERVICES
Printed 08/31/2011 3:37:51PM Page 5 of 6
City of Beaumont
Vendor Check Register
Check Number Check Date Vendor Check Name Amount Description:
076910
08/26/2011
STRESSCRETE
8,777.00
SUPPLIES
076911
08/26/2011
THE GAS COMPANY
3.57
UTILITIES
076912
08/26/2011
THE RECORD GAZETTE
57.75
ADVERTISING
076913
08/26/2011
THE RIVER CANYON CHURCH
500.00
REFUND
076914
08/26/2011
CANDY THURMOND
40.00
REFUND
076915
08/26/2011
TURF STAR, INC.
83.92
SUPPLIES
076916
08/26/2011
UTILITY PARTNERS
60,850.00
SERVICES
076917
08/26/2011
VERIZON CALIFORNIA
139.70
PHONE
076918
08/26/2011
VERIZON
17.52
PHONE
076919
08/26/2011
WAL -MART COMMUNITY
1,246.06
SUPPLIES
076920
08/26/2011
WEST PAYMENT CTR.
402.50
SERVICES
076921
08/26/2011
LET'S HAVE A PARTY
19.03
SUPPLIES
076922
08/26/2011
TASO TECH, INC
5,204.48
SUPPLIES
1,270,233.12
Printed 08/31/2011 3:37:51PM Page 6 of 6
City of Beaumont
Vendor Check Register
Check Number Check Date Vendor Check Name Amount Description:
EFT000597
08/11/2011
STEVE MOORE COMMUNICATIOI
1,762.50
SERVICES
EFT000598
08/18/2011
BEAUMONT ELECTRIC INC.
83,940.39
SERVICES
EFT000599
08/18/2011
ELITE COMPANIES US, INC.
126,612.78
SERVICES
EFT000600
08/18/2011
URBAN LOGIC CONSULTANTS
448,034.72
SERVICES
EFT000601
08/18/2011
RIVERSIDE COUNTY
428,054.19
SERVICES
EFT000602
08/26/2011
JAMES NEHMENS
5,000.00
SERVICES
EFT000603
08/26/2011
STEVE MOORE COMMUNICATIOI
2,512.50
SERVICES
1,095,917.08
Printed 08/31/2011 3:38:24PM Page 1 of 1
City of Beaumont
Vendor Check Register
Check Number
Check Date
Vendor Check Name
Amount
Description:
EFT000000O00423
08/11/2011
ALL PURPOSE RENTALS
22.05
SUPPLIES
EFT000000O00424
08/11/2011
BEAUMONTTIRE
102.81
VEHICLE MAINTENANCE
EFT000000O00425
08/11/2011
BEAUMONT ACE HOME CENTER
98.13
SUPPLIES
EFT000000O00426
08/11/2011
CHERRY VALLEY AUTOMATIVE
87.08
VEHICLE MAINTENANCE
EFT000000O00427
08/11/2011
CORM, INC.
1,811.49
SUPPLIES
EFT000000O00428
08/11/2011
XEROX CORPORATION
1,260.57
SERVICES
EFT000000O00429
08/11/2011
GOPHER PATROL
2,867.00
SERVICES
EFT000000O00430
08/29/2011
ALL PURPOSE RENTALS
1,715.10
SERVICES
EFT000000O00431
08/29/2011
BEAUMONT TIRE
909.14
SERVICES
EFT000000O00432
08/29/2011
BEAUMONT ACE HOME CENTER
407.76
SUPPLIES
EFT000000O00433
08/29/2011
CHERRY VALLEY AUTOMATIVE
2,515.77
SERVICES
EFT000000O00434
08/29/2011
DIAMOND HILLS AUTO GROUP
2,503.11
SERVICES
EFT000000O00435
08/29/2011
GORM, INC.
192.01
SUPPLIES
EFT000000O00436
08/29/2011
HIGH TECH IRRIGATION,INC.
632.98
SUPPLIES
15,125.00
Printed 08/31/2011 3:38:04PM Page 1 of 1
ORDINANCE NO. 1001
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT, CALIFORNIA, DETERMINING IT WILL IMPLEMENT
PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY
CODE TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF
THE REDEVELOPMENT AGENCY OF THE CITY OF BEAUMONT
WHEREAS, the Beaumont Redevelopment Agency ( "Agency ") is a redevelopment agency in the
City of Beaumont organized and existing under the California Community Redevelopment Law, Health and
Safety Code Sections 33000, et seq. ( "CRL") and is authorized to transact business and exercise powers of a
redevelopment agency; and
WHEREAS, the City Council of the City of Beaumont adopted Ordinance No. 741 which approved
and adopted the Redevelopment Plan for the City of Beaumont ( "Redevelopment Plan ") covering certain
properties within the Redevelopment Project Area (the "Project Area "); and
WHEREAS, the Agency is engaged in activities to execute and implement the Redevelopment Plan
pursuant to the provisions of the CRL; and
WHEREAS, since adoption of the Redevelopment Plan, the Agency has undertaken redevelopment
projects in the Project Area to eliminate blight, to improve public facilities and infrastructure and support
affordable housing in the Project Area; and
WHEREAS, the Agency intends to continue to implement a variety of redevelopment projects and
programs to eliminate blight and support affordable housing; and
WHEREAS, AB X1 26 ( "AB 26 ") was signed by the Governor of California on June, 29, 2011,
adding Part 1.8 and Part 1.85 to Division 24 of the CRL suspending most redevelopment agency activities
and prohibiting redevelopment agencies from incurring indebtedness or entering into or modifying contracts.
On October 1, 2011, AB 26 will dissolve all existing redevelopment agencies and designate successor agencies
and impose numerous requirements on the successor agencies pursuant to the provisions of Part 1.85.
WHEREAS, AB X1 27 ( "AB 27 ") was signed by the Governor of California on June 29, 2011, adding
Part 1.9 to the Division 24 of the CRL. Part 1.9 establishes a program whereby a redevelopment agency will,
notwithstanding the provisions of Part 1.8 and Part 1.85, can be authorized to continue to exist and operate
under CRL by allowing cities to make annual payments to the county auditor - controller, who shall allocate the
payments into a Special District Allocation Fund for allocation to specified special districts and into the county
Educational Revenue Augmentation Fund for allocation to educational entities.
WHEREAS, the City has received the State Department of Finance 2011 -2012 determination in
accordance with Part 1.9 establishing the one -time payment amount of $1,199,986 and annual payments
thereafter of approximately $285,000; and
WHEREAS, the City must, by November 1, 2011, notify the county auditor - controller, the State
Controller and the Department of Finance that it will implement the provisions of Part 1.9 and make annual
payments under Part 1.9 if it wishes to continue to operate the Agency.
WHEREAS, pursuant to the provisions of Part 1.9, the city shall pay one -half of the total fiscal year
payment on or before January 15 of each year and shall pay the remaining one -half of the payment on or before
May 15 of each year.
WHEREAS, the City desires to continue to operate the Agency and carry out the provisions of CRL.
WHEREAS, the dissolution of the Agency would be detrimental to the health, safety and economic
well -being of the residents of the City and cause irreparable harm to the community because, among other
reasons, the redevelopment activities and projects funded by the Agency are highly significant and of enduring
benefit to the City; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
Section 1. The Recitals set forth above are true and correct and are a substantive part of this
Ordinance.
Section 2. This Ordinance is adopted in accordance with Health and Safety Code Section 34193.
Section 3. The City Council hereby determines and declares that it shall implement Part 1.9, as
Part 1.9 exists on the date of adoption of this Ordinance, and does not intend to incur an indebtedness or
liability within the meaning of any constitutional or statutory debt limitation or restriction to implement said
provision.
Section 4. All actions under or pursuant to this Ordinance, including the making of payments is
made under protest. Neither the adoption of this Ordinance nor the performance of actions under or pursuant
to this Ordinance is intended by the City or Agency to waive any right either may have to challenge the legality
of all or any portion of AB 26 or AB 27 through administrative or judicial proceedings, or to appeal or
otherwise contest the payments for any year. Any payments hereunder are intended to be made without
prejudice to the City's right to seek to recover reimbursement of such payments, plus interest, should the
requirement of making such payments be stayed, enjoined, repealed or held unconstitutional or unenforceable
through a final determination by any court of competent jurisdiction. This Ordinance shall be null and void and
of no further force and effect in the event that AB 26 or AB 27 are repealed or held unconstitutional or
unenforceable by any court of competent jurisdiction.
Section 5. The City Manager, or the City Manager's designee, is hereby authorized and directed
to notify the Auditor - Controller, the State Controller, and the Department of Finance, on or before November
1, 2011, that the City will implement the provisions of Part 1.9 with such notification to be accompanied by a
certified copy of this Ordinance.
Section 6. This Ordinance has been reviewed with respect to applicability of the California
Environmental Quality Act ( "CEQA "), and the State CEQA Guidelines (California Code of Regulations,
Title 14, Sections 15000 et seq. and has determined that this Ordinance is not a "project" for purposes of
CEQA.
2
Section 7. The City Clerk shall certify to the passage of this Ordinance and is hereby directed
to publish or post this Ordinance, or a summary thereof, in accordance with law.
Section 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to the
Agency.
Section 9. The City Clerk is hereby directed to file a Notice of Exemption with the County
Clerk pursuant to Section 15062 of the Guidelines within five days of the adoption of this Ordinance.
Section 10. The officers and staff of the City are herby authorized and directed, jointly and
severally, to do any and all things which they may deem necessary or advisable to effectuate this Ordinance
and any such actions previously taken by such officers are hereby ratified and confirmed.
Section 11. If any part of this Ordinance is held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, for any reason, such decision shall not affect the validity of
the remaining portions of this Ordinance and this City Council hereby declares that it would have passed
the remainder of this Ordinance if such invalid or unconstitutional portion thereof had been deleted.
Section 12. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
MOVED AND PASSED upon first reading this 16th day of August, 2011, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MOVED, PASSED AND ADOPTED this 6th day of September, 2011, upon second reading by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF BEAUMONT
ATTEST:
Deputy City Clerk
BRIAN De FORGE, Mayor
3
CERTIFICATION
The foregoing is certified to be a true copy of Ordinance No. _ duly introduced at a
regular meeting of the City Council of the City of Beaumont held on August 16th, 2011, and was
duly adopted upon a second reading on September 6th, 2011, by the roll call votes indicated
therein.
CITY OF BEAUMONT
LIZ
(SEAL)
SHELBY HANVEY, Deputy City Clerk
L!
IN THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF RIVERSIDE
No. 52971
Notice City of Beaumont
Ordinance No. 1001
STATE OF CALIFORNIA
County of Riverside } SS
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the above entitled
matter. I am the principal clerk of
The Weekly Record Gazette
a newspaper of general circulation, printed
and published weekly in the City of Ban-
ning, County of Riverside and which
newspaper has been adjudged a newspa-
per of general circulation by the Superior
Court of the County of Riverside, State of
California, under date of
October 14, 1966. Case Number 54737,
that the notice, of which the annexed is a
printed copy, has been published in each
regular and entire issue of said newspaper
and not in any supplement thereof on the
following dates -to -wit.
08/05
all in the year 2011.
I certify (or declare) under penalty of per -
ju t the foregoing is true and correct.
signature
Date 08/05/11
at Riverside, California.
This space for County Clerk's Filing Stamp
�N OF
a� z
m 1111 n
a fi
* -qW DEPARTMENT OF
F I N A N C E
OFFICE OF THE DIRECTOR
July 29, 2011
EDMUND G. BROWN JR. - GOVERNOR
STATE CAPITOL ■ ROOM 1 143 ■ 9ACRAMENTo CA 6 95814-499E3 ■ WWW.00F.CA.GCIv
TO ALL COUNTY AUDITOR - CONTROLLERS, REDEVELOPMENT AGENCIES, AND THEIR
LEGISLATIVE BODIES:
Assembly Bill 26, First Extraordinary Session (Chapter 5, Statutes of 2011), terminates
redevelopment agencies (RDAs) effective October 1, 2011, and replaces them with successor
agencies that are tasked with retiring existing RDA debt and winding down existing RDA
projects.
Assembly Bill 27, First Extraordinary Session (Chapter 6, Statutes of 2011) states RDAs shall
be exempt from the termination provisions of Assembly Bill 26 provided they choose to
participate in the Voluntary Alternative Redevelopment Program (VARP) that Assembly Bill 27
creates.
For an RDA to participate in the VARP, the city or county that sponsors the RDA must remit a
payment to the county auditor - controller for deposit in the county's Educational Revenue
Augmentation Fund (ERAF). Each city's or county's remittance on behalf of the RDAs they
sponsor must be calculated by the California Department of Finance (Finance) based on
information reported in the 2008 -09 Community Redevelopment Agencies Annual Report
compiled by the State Controller's Office. Each city's or county's payment on behalf of an RDA
is calculated based on a formula that considers the RDA's proportionate share of statewide
gross and net tax increment revenues.
If a city or county chooses to allow an RDA to participate in the VARP, the city or county may
enter into a mutual agreement with the RDA whereby the RDA would transfer a portion of its tax
increment to the city or county.
In accordance with AB 27. the remittance amount for each RDA is enclosed with this letter and
the calculations of the amounts have been posted on Finance's website. The information may
be found in a link titled "Assembly Bills 26 and 27 ", which is listed under the "Featured Links"
section of the main webpage.
AB 27 allows cities and counties to appeal an RDA's remittance amount on two bases. These
are (1) if the information in the 2008 -09 State Controller's Office report was in error, or (2) if the
amount of tax increment needed by the RDA to pay for tax allocation bonds and interest
payments has increased by 10 percent or more over the percentage that was calculated for
purposes of the 2008 -09 State Controllers Office report.
If a city or county wishes for one or more of its RDAs to participate in the VARP in 2011 -12, they
must do the following:
• Enact an ordinance of participation and submit notice of having adopted that ordinance
to Finance by November 1, 2011. Notices of ordinance adoption should be e- mailed to
-2-
the address found under the "Assembly Bills 26 and 27" link on Finance's website. You
need not send Finance a copy of the actual ordinance. However, you should
indicate in your e-mail those RDAs to which the ordinance applies.
Cities or counties that do not adopt the ordinance of participation by October 1, 2011,
but which do intend to adopt such an ordinance, must additionally adopt a non - binding
resolution of intent and submit notice of having adopted that resolution to Finance by
October 1, 2011. Notices of resolution adoption should be e- mailed to the address
found under the "Assembly Bills 26 and 27' link on Finance's website. You need not
send Finance a copy of the actual resolution. However, you should indicate in
your e-mail those RDAs to which the resolution applies.
Again, please note the non - binding resolution of intent need only be adopted in cases
where (1) the city or county intends to adopt an ordinance of participation, and (2) the
ordinance of participation has not been adopted by October 1, 2011.
• Remit one -half of the calculated remittance amount for each participating RDA to the
county auditor - controller no later than January 15, 2012, and remit the other half no later
than May 15, 2012.
As previously noted, AB 27 allows cities and counties to appeal remittance amounts based on
two speck criteria. Cities or counties wishing to appeal an RDA remittance amount should
complete the appeals form which may be found on Finance's website under the "Assembly Bills
26 and 27" link. One form should be submitted for each RDA whose remittance is being
appealed. Appeals must be received by Finance no later than August 15, 2011. Please
send your appeal(s) to the e-mail address listed under the "Assembly Bills 26 and 27"
link on Finance's website.
Please note the calculated remittance amounts on Finance's website are only for the 2011 -12
fiscal year. In order for an RDA to continue participating in the VARP in future fiscal years,
cities or counties will annually need to submit additional remittances for deposit in the county
Educational Revenue Augmentation Fund. These remittances will be calculated by your county
auditor - controller.
If you have any questions regarding these matters, please contact the Local Government Unit of
the Department of Finance at (916) 445 -1546 or send an inquiry or information regarding
participation in the AB 27 program or appeals to to the e-mail address listed under the
`Assembly Bills 26 and 27" link on Finance's website.
ANA MATOSANTOS
Director
By:
)ZdRO R. RE
Chief Deputy Director
Attachment
Community Remittances Under AB 27 x1, 2011
2011 -12 Remittance
Amount
Agency Name in dollars
Beaumont Redevelopment Agency 1,199,986
IN THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF RIVERSIDE
No. 52971
Notice City of Beaumont
Ordinance No, 1001
STATE OF CALIFORNIA
County of Riverside } SS
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the above entitled
matter. I am the principal clerk of
The Weekly Record Gazette
a newspaper of general circulation, printed
and published weekly in the City of Ban-
ning, County of Riverside and which
newspaper has been adjudged a newspa-
per of general circulation by the Superior
Court of the County of Riverside, State of
California, under date of
October 14, 1966. Case Number 54737,
that the notice, of which the annexed is a
printed copy, has been published in each
regular and entire issue of said newspaper
and not in any supplement thereof on the
following dates -to -wit.
08/05
all in the year 2011.
I certify (or declare) under penalty of per -
jur t t the foregoing is true and correct.
signature
Date 08/05/11
at Riverside, California.
This space for County Clerk's Filing Stamp
Legal Advertisement
NOTICE IS HEREBY
GIVEN that the Beaumont
City Council will conduct a
public hearing on Tuesday,
August 16, 2011 at approxi-
mately 6:00 p.m. in the
Room 5 at the Beaumont
Civic Center, 550 E.- 6th
Street, Beaumont, Califor-
nia 92223, to receive testi-
mony and comments from
all interested persons re-
garding the adoption of the
following matter(s): Ordi-
nance No. 1001 An- Uncodi-
fied Ordinance of the City
Council of the City of Beau-
mont, California to deter-
mining it will comply with
the Voluntary Alternative
Redevelopment Program
pursuant to Part 1.9 of Divi-
sion 24 of the California
Health and Safety Code in
order to permit the contin-
ued existence and opera-
tion of the Redevelopment
Agency of the City of Beau-
mont The purpose of this
Ordinance is so that the
Agency may continue to ex-
ist and carry out the provi-
sions of the Redevelopment
Law notwithstanding the
pfovisions of Part 1.8 and
Part 1.85. The City Council
may determine and declare
that it shall comply with the
requirements and obliga-
tions contained in Part 1.9,
as Part 1.9 exists on the
date of adoption of this Or-
dinance. In adopting this
Ordinance or agreeing to
comply with the provisions
of Part 1.9, the City does
not intend to incur an in-
debtedness or liability
within the meaning of any
constitutional or statutory
debt limitation or restriction.
Dater August 1, 2011
Rebecca Deming
Assistant Director of Plan-
ning
Publish The Record
Gazette
No. 52971
08/05,2011
ORDINANCE NO. 1002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT
RENUMBERING SECTION 17.15 OF TITLE 17 OF THE BEAUMONT
MUNICIPAL CODE ENITILED "SINGLE ROOM OCCUPANCY
FACILITIES" TO SECTION 17.16
Section 1: Section 17.15 of the Beaumont Municipal Code "Single Room
Occupancy Facilities" is hereby renumber as Chapter 17.16 "Single Room Occupancy
Facilities ".
Section 2: This Ordinance shall take effect as provided by law.
MOVED, PASSED, AND APPROVED this 16th Day of August, 2011 by the
following Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MOVED, PASSED, AND ADOPTED this 6" Day of September, 2011 by the
following Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor De Forge
ATTEST:
Deputy City Clerk
Date: September 6, 2011
To: City Council, City of Beaumont
Board of Directors, Beaumont Charitable Foundation
From: Alan Kapanicas, City Manager
Subject: Approval of Funding Request: Veteran's Expo
Background:
The Beaumont Charitable Foundation was approved by the City Council in June 2009.
The objectives of the Foundation shall be to raise money to contribute to other qualified
charities and to coordinate the use and development of community resources to promote
and support activities which advance the overall well -being and improve the quality of
life of persons in Beaumont.
Request:
The Veterans Expo is an annual event that provides free information and services to
veterans.
Fiscal Impact:
$500 from the approximately $1,900 in unrestricted monies available in the Beaumont
Charitable Foundation.
Recommendation:
The City Council of the City of Beaumont hereby finds that the above expenditure is for
the public purpose of providing free information and services to veterans and their
families who are residents of the City of Beaumont or who live in Riverside County and
this purpose is within the jurisdiction of the City Council, and that the expenditure is
compatible with, and in furtherance of, that purpose and the long -term social welfare of
the City; and the Board of Directors of the Beaumont Charitable Foundation approve the
funding request.
C 4
i - ty of Beaumont
17' 76.11, S 5 -7 t)
FA'V i' Q' I 9-4 -51Z Lf
BEAUMONT CHARITABLE FOUNDATION
Request for Funding
Name of organization/individual: I A " ernz C—kpo
Address of organization/individual: 726 9z-zz3 - 59s2
Contract person: 4i"JIT-stzl Wc'grger'j Phone Number: 9-1. 76�_cy-g 08
Fax Number:
Email: A9iP_QR81C*'A0L,G1Z1A1
501(c)(3) Tax - exempt: Ye or No (Circle One) EIN
If no, exempt under following IRC Code Section:
2_3 $ -- 5 h 3
Secretary of State Registration Number:
Amount Requested: 41 '500 Date Required: P S A 0
Explain in detail how your funding request promotes and supports the overall well-being and/or
improves the quality of life of Beaumont residents:
'5- -
, oz,
For official use only:
Tax-exempt status verified by
Secretary of State status verified by
Registry of Charitable Trusts status verified by
It was the dream of Jeff Fox Mayor of Beaumont that we do as much for all the veterans
living in Pass area that we could do. Several of us were asked to form a committee to
work for that endeavor. One of the things that was started by Anita Worthen was the
Veterans Expo that has been held for the last two years at the Beaumont City hall and is
open to all members of the military whether retired or active. With the help of the VFW,
The Chamber of Commerce, Our local City officials, Community Service, Weavers
Mortuary and numerous other local businesses we have been able to help many local
veterans and their families by giving them the much needed assistance they require and
need. The Expo has become very popular in our region, but we must be able to get the
word out to many more of the veterans that are coming home now or will soon be coming
home from the actions that are now taking place. Beaumont is known for its generosity in
helping most people in need. This donation will help us advertise to all veterans, that we
are here to help them and also make Beaumont known for a city that truly cares.
Thank you
(ark i i W og r lz.
VET13A]MANS 130[po
::__�:> 11kakik—] <�
726 Beaumont Avenue Beaumont, CA 92223 -5952
June 20, 2011
Honorable Brian DeForge
Beaumont Charitable Foundation
550 East 6,h Street,
Beaumont, CA 92223
Dear Honorable DeForge:
Each year, for the past 2 years, the Pass area communities of Beaumont, Banning, Calimesa and Cherry Valley
partner up with the Veterans community to provide free information and services to Veterans, their family and
friends, in Riverside County through an annual Veterans Expo event held at the Beaumont City Hall, this year on
Saturday, Januwy21, 2012
We are pleased to announce that last year we hit a record of over 400 attendees all there seeking veterans benefit
assistance from as far away as Indio, Temecula and Norco. With that said, it was recently announced that Riverside
County may have to close some of their field offices due to budget constraints. These two factors are an example
of the direct and increasing need for Veterans benefit services that are reliable, efficient and consistent in the
Inland Empire. From this growing need, we are anticipating over 550 Veterans to attend this year's upcoming
Veterans Expo event.
The Pass Veterans Expo stands committed to providing these much needed free services and information from
non -profit vendors to veterans in Riverside County. At the Expo event, we are proud to display over 30 veteran
service vendors including Loma Linda Veterans Hospital, who sign Veterans up for benefits there at the Expo,
March Air Force Base, Riverside County Veterans Affairs, California Operation Welcome Home, Lyons Club Sight
Clinic, Riverside County Department of Mental Health, and Riverside County Workforce Development, to name
just a few.
At the Expo event, we rely on our community partnerships to help provide most of the support that enables this
event to run so successfully. Each year, we fundraise to provide a BBQ lunch for the Veterans provided by local
businesses and community members. In addition, since we operate as a non -profit organization we rely heavily on
community partnerships to help cover the cost of the event, which is also critical to the smooth flow and
organization of the event.
This is where Beaumont Charitable Foundations support comes in; with the generous support of $500, the
Veterans Pass Expo would honor you as a "Co Host Sponsor=' on all programs, media announcements, Flyers,
posters, banners and all announcements made throughout the Expo ceremony.
Should you have any questions about the Veterans Expo, please do not hesitate to contact me directly at (951) 595-
5396, as I would be more than happy to answer them. Thank you again, for any assistance Beaumont Charitable
Foundation provides to the Veterans community at hand.
Sincerely
I= Worthen
Veterans Expo Coordinator
Veterans Expo operated by PASS 2, a 501(c)(3) Fed ID# 20- 238 -5634
Agenda Item
STAFF REPORT
To: Honorable Mayor and City Council Members
From: Community and Economic Development Department
Date: September 6, 2011
Subject: Supplemental Agreement for CDBG 2011 -2012
Background and Analysis:
This is a supplemental agreement to the cooperative agreement made in July
2011. With the cooperative agreement the city elected to participate with the county for
the purposes of receiving Community Development Block Grant (CDBG) funds. This
supplemental agreement says that the city promises and agrees to undertake and assist
with the community development activities by utilizing the sum of $95,023 for the
following projects:
Services to Victims and children of Domestic Violence, $10,000
Rehabilitation and Addition of Sidewalks, $85,023
Recommendation:
Staff recommends that the City Council APPROVE the agreement for the use of CDBG
Funds subject to the authority of the City Attorney to make non - substantive changes.
Respectfully Submitted;
Rebecca Deming
Director of Planning
C��
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File No.: 5.BEA.13 -11, 5.BEA.14 -11
SUPPLEMENTAL AGREEMENT FOR THE USE OF
2011 -2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
The COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY,"
and the CITY OF BEAUMONT, herein called "CITY," mutually agree as follows:
1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated
July 2008, whereby CITY elected to participate with COUNTY, which has qualified as an
"Urban County" for purposes of receiving Community Development Block Grant (CDBG)
funds, and to assist and undertake essential community development and housing assistance
activities pursuant to the Housing and Community Development Act of 1974, Title 1, as
amended, Public Law 93 -383 hereinafter referred to as "Act ". Said Cooperation Agreement,
dated July 2008, is incorporated herein by reference and made a part of this Agreement as if each
and every provision was set forth herein.
2. PURPOSE. CITY promises and agrees to undertake and assist with the
community development activities, within its jurisdiction, by utilizing the sum of $95,023,
CDBG Entitlement Funds, as specifically identified in Exhibits A and B are attached hereto and
by this reference are incorporated herein, for the projects:
5.BEA.13 -11 Repair and Addition of Sidewalks $85,023
5.BEA.14 -11 Domestic Violence Outreach Services Program $10,000
3. TERM OF AGREEMENT. The term of this Agreement for the projects shall
be for a period of one (1) year from July 1, 2011 to June 30, 2012, and proceed consistent with
the completion schedule set forth in Exhibits A and B. In the event that the projects are not
substantially completed by the time set forth in the completion schedule due to unforeseen or
uncontrollable causes, the COUNTY may consider extending the schedule for the completion of
the project. Times of performance for other activities may also be extended in writing by
COUNTY. If substantial progress toward completion in conformance with the completion
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schedule, as determined by COUNTY, of the projects are not made during the term of the
Supplemental Agreement, COUNTY may suspend or terminate this agreement by the
procedures set forth in the Section titled "Termination ", of this agreement and the entitlement
funds associated with the projects may be reprogrammed by COUNTY after appropriate notice
is given.
4. DISPOSITION OF FUNDS.
A. COUNTY's Board of Supervisors shall determine the final disposition and
distribution of all funds received by COUNTY under the Act consistent with the provisions of
Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic Development Agency,
shall: (1) Make payment of the grant funds to CITY as designated in Exhibits A and B; and (2)
It is the CITY's responsibility to monitor all project activities of Exhibits A and B to ensure
compliance with applicable federal regulations and the terms of this Agreement.
B. CITY shall comply with timely drawdown of CDBG funds by
expeditiously implementing and completing County- approved, CDBG - funded projects. CITY
acknowledges that CITY's drawdown performance directly impacts the COUNTY's overall
program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January 15, 2012,
exceeds two -times (200 %) the CITY's 2011 -2012 CDBG allocation, the COUNTY may take the
necessary administrative actions to reduce the CITY's CDBG fund balance. Necessary actions
include reprogramming the excess CDBG fund balance to other eligible activities as selected by
COUNTY. COUTY may authorize CITY in writing, prior to January 15, 2012, to exceed the
CDBG fund balance requirement.
C. CITY shall comply with timely drawdown of funds by submitting monthly
requests for reimbursement or other County- approved reimbursement schedule. All
disbursements of grant funds will be on a reimbursement basis and made within thirty (30) days
after the CITY has submitted its letter identifying payments and documentation supporting
expenditures.
D. All authorized obligations incurred in the performance of the Agreement
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for projects eligible under the following regulations must be reported to COUNTY no later than
by June 15, 2012:
1. Public Services [24 CFR 570.201 (e)]
2. Acquisition [24 CFR 570.201 (a)]
3. Clearance Activities [24 CFR 570.201 (d)]
4. Interim Assistance [24 CFR 570.201 (f)]
5. Code Enforcement [24 CFR 570.202 (c)]
All other eligible activities under this Agreement must be implemented, completed, and
obligations reported by the CITY no later than the completion schedules set forth in the Exhibits
to this Agreement.
The COUNTY will directly manage and monitor projects identified in Exhibit B.
5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with
COUNTY in undertaking essential community development and housing assistance activities,
specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying
out its Strategic Plan of the Consolidated Plan and other requirements of the Community
Development Block Grant Program.
6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to Section 15051(d) of Title 14 of the
California Administrative Code, CITY is designated as the lead agency for the projects that are
the subject matter of this Agreement.
7. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the
provisions of Section 895.2 of the California Government Code imposing certain tort liability
jointly upon public entities solely by reason of such entities being parties to an agreement as
defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in
Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages
including, but not limited to, claims, demands, losses, liabilities, costs and expenses including
reasonable attorneys fees, resulting from the negligent or wrongful acts or omissions of their
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employees or agents in the performance of this Agreement, and each Party shall indemnify,
defend and hold harmless the other Parties from such claims, demands, damages, losses or
I liabilities for their negligence
8. INSURANCE. Without limiting or diminishing the CITY'S obligation to
indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be
maintained, at its sole cost and expense, the following insurance coverage's during the term of
this Agreement.
A. Workers' Compensation:
If the CITY has employees as defined by the State of California, the CITY shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State
of California. Policy shall include Employers' Liability (Coverage B) including Occupational
Disease with limits not less than $1,000,000 per person per accident. The policy shall be !,
endorsed to waive subrogation in favor of The County of Riverside, and, if applicable, to provide
a Borrowed Servant/Alternate Employer Endorsement.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises
liability, contractual liability, products and completed operations liability, personal and
advertising injury, and cross liability coverage, covering claims which may arise from or out of
CITY'S performance of its obligations hereunder. Policy shall name the County of Riverside, its
Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board
of Supervisors, employees, elected or appointed officials, agents or representatives as Additional
Insureds. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined
single limit. If such insurance contains a general aggregate limit, it shall apply separately to this
agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations under this
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Agreement, then CITY shall maintain liability insurance for all owned, non -owned or hired
vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If
such insurance contains a general aggregate limit, it shall apply separately to this agreement or
be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside, its
Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board
of Supervisors, employees, elected or appointed officials, agents or representatives as Additional
Insureds.
D. General Insurance Provisions - All lines:
1) Any insurance carrier providing insurance coverage hereunder
shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII
(A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the
County's Risk Manager waives a requirement for a particular insurer such waiver is only valid
for that specific insurer and only for one policy term.
2) The CITY'S insurance carrier(s) must declare its insurance self -
insured retentions. If such self - insured retentions exceed $500,000 per occurrence such
retentions shall have the prior written consent of the County Risk Manager before the
commencement of operations under this Agreement. Upon notification of self insured retention
unacceptable to the COUNTY, and at the election of the Country's Risk Manager, CITY 'S
carriers shall either; 1) reduce or eliminate such self - insured retention as respects this Agreement
with the COUNTY, or 2) procure a bond which guarantees payment of losses and related
investigations, claims administration, and defense costs and expenses.
3) CITY shall cause CITY'S insurance carrier(s) to furnish the
County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and
certified original copies of Endorsements effecting coverage as required herein, and 2) if
requested to do so orally or in writing by the County Risk Manager, provide original Certified
copies of policies including all Endorsements and all attachments thereto, showing such
insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall
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contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given
to the County of Riverside prior to any material modification, cancellation, expiration or
reduction in coverage of such insurance. In the event of a material modification, cancellation,
expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County
of Riverside receives, prior to such effective date, another properly executed original Certificate
of Insurance and original copies of endorsements or certified original policies, including all
endorsements and attachments thereto evidencing coverage's set forth herein and the insurance
required herein is in full force and effect. CITY shall not commence operations until the
COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of
endorsements and if requested, certified original policies of insurance including all
endorsements and any and all other attachments as required in this Section. An individual
authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for
each policy and the Certificate of Insurance.
4) It is understood and agreed to by the parties hereto that the CITY'S
insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or
deductibles and /or self - insured retention's or self - insured programs shall not be construed as
contributory.
5) If, during the term of this Agreement or any extension thereof,
there is a material change in the scope of services; or, there is a material change in the equipment
to be used in the performance of the scope of work which will add additional exposures (such as
the use of aircraft, watercraft, cranes, etc.); or, the term of this Agreement, including any
extensions thereof, exceeds five (5) years the COUNTY reserves the right to adjust the types of
insurance required under this Agreement and the monetary limits of liability for the insurance
coverage's currently required herein, if; in the County Risk Manager's reasonable judgment, the
amount or type of insurance carried by the CITY has become inadequate.
6) CITY shall pass down the insurance obligations contained herein
to all tiers of subcontractors working under this Agreement.
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7) The insurance requirements contained in this Agreement may be
met with a program(s) of self - insurance acceptable to the COUNTY.
8) CITY agrees to notify COUNTY of any claim by a third party or
any incident or event that may give rise to a claim arising from the performance of this
Agreement.
9. RECORDS AND INSPECTIONS.
A. CITY shall establish and maintain records in accordance with 24 CFR Part
570, Part 85, OMB Circular A -87, A -133 and 24 CFR 91.105, as applicable, and as they relate to
the acceptance and use of federal funds under this Agreement.
B. CITY shall obtain an external audit in accordance with the U.S.
Department of Housing and Urban Development single audit regulations (24 CFR Part 44.6).
Audits shall usually be performed annually but not less frequently than every two years.
Nonprofit institutions and government agencies that expend less than $500,000 a year in
Federal awards are exempt from Federal audit requirements, but records must be available for
review by appropriate officials of the Federal grantor agency or subgranting entity. The audit
report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S
fiscal year.
C. CITY shall maintain a separate account for CDBG Entitlement funds
received as set forth in Exhibits (A and B).
D. CITY shall, during the normal business hours, make available to
COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized
representative, for the examination and copying, all of its records and other materials with
respect to matters covered by this Agreement.
E. CITY shall not retain any program income as defined in Section 570.500
of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the
activities that are the subject of this Agreement. Further, all provisions of this Agreement shall
apply to such activities.
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F. The CITY shall ensure that at least fifty -one percent (51 %) of the persons
benefiting from all CDBG- funded activities or projects designated as serving limited clientele
[570.208(a)(2)(i)] are of low and moderate - income and meet the program income guidelines
attached as Exhibits (A and B). The CITY and City's Sub - recipients must provide the required
income certification and direct benefit documentation.
10. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal,
state, and local laws, regulations, and ordinances and any amendments thereto and the federal
regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY
is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code of
Federal Regulations. CITY is to comply with OMB Circular A -87, or any subsequent
replacement. CITY is to abide by the provisions of the Community Development Block Grant
Manual, prepared by COUNTY and cited in the above - mentioned Cooperation Agreement.
CITY will comply with Section 3 of the Housing & Urban Development Act of 1968, as
amended, attached hereto as Exhibit "S ". CITY will comply with the provisions of 24 CFR Part
570.200 0), attached as Exhibit "R," pertaining to inherently religious activities.
11. INDEPENDENT CONTRACTOR. CITY and its agents, servants, and employees
shall act at all times in an independent capacity during the term of this Agreement, and shall not
act as, shall not be, nor shall they in any manner be construed to be agents, officers, or
employees of the COUNTY.
12. TERMINATION.
A. CITY. CITY may not terminate this Agreement except upon express
written consent of COUNTY.
B. COUNTY. Notwithstanding the provisions of Paragraph 12a, COUNTY
may suspend or terminate this Agreement upon a thirty (30) day written notice to CITY of action
being taken and the reason for such action:
(1) In the event CITY fails to perform the covenants herein contained
at such times and in such manner as provided in this Agreement; and
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(2) In the event there is a conflict with any federal, state or local law,
ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or
untenable; or
(3) In the event the funding from the Department of Housing and
Urban Development referred to in Paragraphs 1 and 2 above is terminated or otherwise becomes
I unavailable.
C. Upon suspension of this Agreement, CITY agrees to return any
unencumbered funds which it has been provided by COUNTY. In accepting said funds,
COUNTY does not waive any claim or cause of action it may have against CITY for breach of
this Agreement.
D. Reversion of Assets
1. Upon expiration of this Agreement, the CITY shall transfer to the
COUNTY any CDBG funds on hand at the time of expiration of the Agreement as well as any
accounts receivable held by CITY which are attributable to the use of CDBG funds awarded
pursuant to this Agreement.
2. Any real property under the CITY'S control that was acquired or
improved in whole or in part with CDBG funds (including CDBG funds provided to the
SPONSOR in the form of a loan) in excess of $25,000 is either:
(i) Used to meet one of the National Objectives in Sec.
570.208 until five years after expiration of this agreement, or for such longer period of time as
determined to be appropriate by the COUNTY; or
(ii) Not used in accordance with Section (i) above, in which
event the SPONSOR shall pay to the COUNTY an amount equal to the current market value of
the property less any portion of the value attributable to expenditures of non -CDBG funds for the
acquisition of, or improvement to, the property.
13. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of
Title 24 of the Federal Code of Regulations which requires that no person in the United States
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shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with Community Development funds.
14. PROHIBITION AGAINST CONFLICTS OF INTEREST
A. CITY and its assigns, employees, agents, consultants, officers and elected
and appointed officials shall become familiar with and shall comply with the CDBG regulations
prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "Cl"
and by this reference incorporated herein.
B. CITY and its assigns, employees, agents, consultants, officers, and elected
and appointed officials shall become familiar with and shall comply with Section A -11 of the
County's CDBG Policy manual, attached hereto as Exhibit "Cl" and by this reference
incorporated herein.
C. CITY understands and agrees that no waiver of exception can be granted
to the prohibition against conflict of interest except upon written approval of HUD pursuant to
24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY
to determine whether such request is appropriate for submission to HUD. In determining whether
such request is appropriate for submission to HUD, COUNTY will consider the factors listed in
24 CFR 570.611 (e).
D. Prior to any funding under this Agreement, CITY shall provide COUNTY
with a list of all employees, agents, consultants, officers and elected and appointed officials who
are in a position to participate in a decision making process, exercise any functions or
responsibilities, or gain inside information with respect to the CDBG activities funded under this
Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including
even the appearance of conflict that may arise with respect to the CDBG activities funded under
this Agreement.
E. Any violation of this section shall be deemed a material breach of this
Agreement, and the Agreement shall be immediately terminated by the COUNTY.
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15. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no
liability for any later determination by the United States Government, the Department of
Housing and Urban Development or any other person or entity that CITY is or is not eligible
under 24 CFR Part 570 to receive CDBG funds.
16. USE OF PROPERTY. Whenever federal CDBG funds or program income are
used, in whole or in part, for the purchase of equipment or personal property, the property shall
not be transferred from its originally funded use, by CITY or sub - recipient, for a period of five
(5) years from the close -out date of the grant from which CDBG assistance was provided. The
CITY shall maintain a current inventory for COUNTY monitoring and review.
17. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY
agrees to notify and to require any lessee or assignee to notify Riverside County Workforce
Development Center of any and all job openings that are caused by this project.
18. PUBLICITY. Any publicity generated by CITY for the project funded pursuant to
this Agreement, during the term of this Agreement, will make reference to the Contribution of
the County of Riverside, the Economic Development Agency, and the Community Development
Block Grant Program in making the project possible.
19. PROGRAM MONITORING AND EVALUATION. CITY and its sub - recipients
shall be monitored and evaluated in terms of its effectiveness and timely compliance with the
provisions of this Agreement and the effective and efficient achievement of the Program
Objectives. Quarterly reports shall be due on the last day of the month immediately following the
end of the quarter being reported. The quarterly written reports shall include, but shall not be
limited to, the following data elements:
A. Title of program, listing of components, description of
activities /operations.
B. The projected goals, indicated numerically, and also the goals achieved
(for each report period). In addition, identify by percentage and description, the progress
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achieved towards meeting the specified goals and identify any problems encountered in meeting
goals.
C. If the CDBG- funded Activity meets a National Objective under 24 CFR
570.208 (a)(2)(i), CITY will report the following:
1) Total number of direct beneficiaries (clientele served) with
household incomes at:
• Above 80% MHI
• Between 50% and 80% MHI (Low- Income)
• Between 30% and 50% MHI (Very Low - Income)
• Less than 30% MHI (Extremely Low - Income)
2) Total number and percent ( %) of the clientele served that have
I household incomes at or below 80% MHI
3) Racial ethnicity of clientele
4) Number of Female - Headed Households
D. CITY and its sub - recipients shall report beneficiary statistics monthly to
EDA on the pre- approved Direct Benefit Form and Self - Certification Form (certifying income,
family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to CITY
by EDA should HUD implement changes during the term of this agreement. CITY and sub -
recipients will collect and provide all necessary data required by HUD pertaining to the Specific
Outcome Indicators as identified in the CPD Outcome Performance Measurement System.
20. SOURCE OF FUNDING. CITY acknowledges that the source of funding
pursuant to this Agreement is Community Development Block Grant (CFDA 14.218).
21. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with
the cooperation Agreement between the parties, embodies the entire agreement of the parties in
relation to the subject matter thereof, and that no other Agreement or understanding, verbal or
otherwise, relative to this subject matter, exists between the parties at the time of execution.
22. MINISTERIAL ACTS. The Assistant County Executive Officer /EDA or
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designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to
implement the terms, provisions, and conditions of this Agreement as it may be amended from
time to time by COUNTY.
23. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval
from the Economic Development Agency prior to implementing the following "high risk"
activities funded with CDBG assistance:
A. Construction of public facilities (project plans and specifications);
B. Acquisition of real property;
C. Historic Preservation;
D. Relocation; and
F. Economic Development
23. MODIFICATION OF AGREEMENT. This Agreement may be modified or
amended only by a writing signed by the duly authorized and empowered representative of
COUNTY and CITY respectively.
IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as
of the date listed below.
SIGNATURES ON NEXT PAGE
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DATED:
011A
an
COUNTY OF RIVERSIDE
Suzanne Holland
Assistant Director
Economic Development Agency
CITY OF BEAUMONT
Mayor
SH:JT:SS:ew
Page 14 of 14
EXHIBIT A
File No.: 5.BEA.13 -11
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON- PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME: Citv of Beaumont
ADDRESS: 550 E. Sixth Street
Beaumont,CA 92223
PROGRAM CONTACTS: Rebecca Deming,
PHONE: (951) 769 -8520 FAX: (951) 769 -8518
E -MAIL:
PROJECTNAME: Repair and Addition of Sidewalks
PROJECT LOCATION: Beaumont, Orange, Pennsylvania, California, First -Ninth Streets and 10 fwy
LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion
CDBG ELIGIBILITY CODE: 570.201 (c)
PROJECT FUNDING SUMMARY:
City Funding $85,023
Project to be administered by County (EDA) on behalf of City: YES ❑ NO
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2011 -2012 Community Development Block Grant for the
Repair and Addition of Sidewalks in a manner satisfactory to the County of Riverside and
consistent with any standards required as a condition of providing these funds. Such program will include
the following activities eligible under the Community Development Block Grant program:
Activity #I The City of Beaumont will use CDBG funds to add new
sidewalks, curbs, and gutters to streets along Beaumont
Ave., Orange Ave., Pennsylvania Ave., California St., First
through Ninth St., and along Interstate 10 to improve
pedestrian safety and ADARepair and Addition of Sidewalks
Page 1 of 6
EXHIBIT A
File No.: 5.BEA.13 -11
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's National
Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out
under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a) (1) (i )
CFR Reference: Low Mod Area
C. Levels of Accomplishment — Goals and Performance Measures
The City agrees to implement and complete the following activity(ies):
Activity #I Complete design and engineering of sidewalks
Activity #2 Conduct construction of sidewalk, curbs, gutters and ADA accessibility
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ® Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome (select one): ❑ Availability /Accessibility
❑ Affordability
® Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained
and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and
sufficient amount of financial resources necessary to implement and carry out the activities funded with
CDBG funds.
City will immediately notify County of any significant changes in organizational management, assigned
staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact
the City or subrecipient's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and
performance standards as stated above. Substandard performance as determined by the County will
constitute noncompliance with this Agreement. If action to correct such substandard performance is not
taken by the City within a reasonable period of time after being notified by the County, contract
suspension or termination procedures will be initiated.
Page 2 of 6
EXHIBIT A
File No.: 5.BEA.13 -11
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement
shall not exceed $85,023 Drawdowns for the payment of eligible expenses shall be made against the line
item budgets specified in this Section and in accordance with performance. Payments may be contingent
upon certification of the Subrecipient's financial management system in accordance with the standards
specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and the City
shall provide such supplementary budget information in a timely fashion in the form and content
prescribed by the County. Any amendments to the budget must be approved in writing by both the
County and City.
Line Item
Design/Engineering Costs
Project Administration Costs
❑
Construction Costs
Acquisition Costs
❑
Relocation Costs
❑
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Other:
❑
Page 3 of 6
EXHIBIT A
File No.: 5.BEA.13 -11
G. Total Amount of Non CDBG Leveraging
7�a��,
' y u�i f 'SOURCE AMOUNT
SOURCE AMOUNT ( SOURCE
AMOUNT TOTAL
a��! i
I� ry���H,
NONE
�
,
S E L ,.
�Iil ,I��n.� M is iYGNik n li k 4e"'. 1
1
__— _ _, .....�
'�la IiA �� Iii
hF: W.
d757 c i� ,?i
j�"rXaF " 'r� (iYn
4YI I
i
TOTAL: $0.00
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with OMB Circulars A -122, "Cost
Principles for Non - Profit Organizations," A -21, "Cost Principles for Educational Institutions," or
OMB Circular A -87, "Cost Principles for State, Local and Indian Tribal Governments as
applicable. These principles shall be applied for all costs incurred whether charged on a direct or
indirect basis.
C. Documentation and Record Keeping
Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24
CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records
shall include but not be limited to:
i Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
V. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21 -28; and
vii. Other records necessary to document compliance with Subpart K of 24 CFR Part
570.
Page 4 of 6
EXHIBIT A
File No.: 5.BEA.13 -11
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and all other
records pertinent to the Agreement for a period of five (5) years. The retention period begins on
the date of the submission of the County's annual performance and evaluation report to HUD in
which the activities assisted under the Agreement are reported on for the final time.
Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that
involve any of the records cited and that have started before the expiration of the five -year period,
then such records must be retained until completion of the actions and resolution of all issues, or
the expiration of the five -year period, whichever occurs later.
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such
data shall include, but not be limited to, client name, address, income level or other basis for
determining eligibility, and description of service provided. Such information shall be made
available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and the use or
disclosure of such information, when not directly connected with the administration of the
County's or City's responsibilities with respect to services provided under this contract, is
prohibited by applicable federal and State law unless written consent is obtained from such
person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close -outs
The City's obligation to the County shall not end until all close -out requirements are completed.
Activities during this close -out period shall include, but are not limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to the County), and
determining the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the City has control over CDBG funds,
including program income.
6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made available to
the County, HUD, and the Controller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit
reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the
City to comply with the above audit requirements will constitute a violation of this contract and
may result in the withholding of future payments. The City hereby agrees to have an annual
agency audit conducted in accordance with current County policy concerning subrecipient audits
and OMB Circular A -133.
Page 5 of 6
EXHIBIT A
File No.: 5.BEA.13 -11
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre- approved by County, City will perform and complete the activities described
in Section Il in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone Start Date Completion Date
Attend Mandatory'Cooperating
City Training
Implement Project Activities
Execute Supplemental Agreement
& Notice to Incur Cost
Tasks / Milestone
Submit Quarterly Performance
Reports to County
County Monitoring of City
Program/Performance
Specific Project Activities
City Submits Reimbursement
Requests
Monthly Submittal ❑
Other Schedule
CDBG- funded Project Complete
City Submits Monthly
Direct Benefit Reports
July 2011 July 2011
July 2011 July 2013
August 2011 September 2011 .
Start Date Completion Date_
October 15, 2011
January 15, 2012
April 15, 2012
July 31, 2012
To be determined by Program Manager
Design and Engineering
Construction
TBD
Upon Notification by EDA
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
City must follow proper procurement and construction policies and procedures of the City and
Riverside County, EDA as deemed by HUD. No construction will shall commence using CDBG
funding without prior Notice to Proceed. Pre - Construction meeting required.
City is required to contact the County Program. Manager for review prior to submission of RIP,
construction activity or cost without prior written approval. County must be contacted 10 days in
advance for attendance of Pre - Construction meeting. Original Certified payrolls to be submitted
on a weekly basis to County.
Page 6 of 6
File No.: 5.BEA.14 -11
EXHIBIT B
SPONSOR'S AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
I. GENERAL INFORMATION
SPONSOR NAME:
Alternatives to Domestic Violence
ADDRESS: P.O. Box 910
Riverside, CA 92502
PROGRAM CONTACTS: Eliza Daniely - Woolfolk
PHONE: (951) 320 -1370 FAX: (951) 320 -1381
E -MAIL: edwoolfolk @adv- besafe.org
PROJECT NAME: Domestic Violence Outreach Services Program
PROJECT LOCATION: 550 E. Sixth Street, Beaumont, CA 92223
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY:
City Funding $10,000
Project to be administered by County (EDA) on behalf of City: YES ® NO ❑
II. SCOPE OF SERVICE
A. Activities
Sponsor will be responsible for administering a 2011 -2012 Community Development Block Grant for the
Domestic Violence Outreach Services Program in a manner satisfactory to the County of Riverside and
consistent with any standards required as a condition of providing these funds. Such program will include
the following activities eligible under the Community Development Block Grant program:
Activity #1 Alternatives to Domestic Violence Outreach service pros °arn provides victims of
domestic violence and their children with courrselirrg, medical care. social service
refer °gals, and advocacy ]ending to long term self= strfficienev. CDBG.funds tivill he used
for salon ies /herrefrts (direct cost).
EXHIBIT CI
Prohibition Against Conflicts of Interest
Page 1 of 4
§ 570.611 Conflict of interest.
(a) Applicability.
(1) In the procurement of supplies, equipment, construction, and
services by recipients, and by subrecipients (including those specified at §
570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB
Circular A 110, respectively, shall apply.
(2) In all cases not governed by 24 CFR 85.36 and OMB Circular A -110,
the provisions of this section shall apply. Such cases include the
acquisition and disposition of real property and the provision of assistance
by the recipient, by its subrecipients, or to individuals, businesses and
other private entities under eligible activities which authorize such
assistance (e.g., rehabilitation, preservation, and other improvements of
private properties or facilities pursuant to § 570.202, or grants, loans and
other assistance to businesses, individuals and other private entities
pursuant to § 570 -203, § 570.204 or § 570.455).
(b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries
and other related administrative or personnel costs, the general rule is
that no persons described in paragraph (c) of this section who exercise or
have exercised any functions or responsibilities with respect to CDBG
activities assisted under this part or who are in a position to participate
in a decision making process or gain inside information with regard to such
activities, may obtain a personal or financial interest or benefit from a
CDBG assisted activity, or have an interest in any contract, subcontract or
agreement with respect thereto, or the proceeds thereunder, either for
themselves or those with whom they have family or business ties, during
their tenure or for one year thereafter. For the UDAG program, the above
restrictions shall apply to all activities that are a part of the UDAG
project, and shall cover any such interest or benefit during, or at any time
after, such person's tenure.
(c) Persons covered. The conflict of interest provisions of paragraph (b)
of this section apply to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of the recipient, or of
any designated public agencies, or subrecipients which are receiving funds
under this part.
(d) Exceptions: threshold requirements. Upon the written request of the
recipient, HUD may grant an exception to the provisions of paragraph (b) of
this section on a case -by -case basis when it determines that such an
exception will serve to further the purposes of the Act and the effective
and efficient administration of the recipient's program or project. An
exception may be considered only after the recipient has provided the
following:
EXHIBIT CI
Prohibition Against Conflicts of Interest
Page 2 of 4
(1) A disclosure of the nature of the conflict, accompanied by an
assurance that there has been public disclosure of the conflict and a
description of how the public disclosure was made; and
(2) An opinion of the recipient's attorney that the interest for which
the exception is sought would not Violate State or local law.
(e) Factors to be considered for exceptions. In determining whether to grant
a requested exception after the recipient has satisfactorily met the
requirements of paragraph (d) of this section, HUD shall consider the
cumulative effect of the following factors, where applicable:
(1) Whether the exception would provide a significant cost benefit or an
essential degree of expertise to the program or project which would otherwise
not be available;
(2) Whether an opportunity was provided for open competitive bidding or
negotiation;
(3) Whether the person affected is a member of a group or class of low
or moderate income persons intended to be the beneficiaries of the assisted
activity, and the exception will permit such person to receive generally the
same interests or benefits as are being made available or provided to the group
or class;
(4) Whether the affected person has withdrawn from his or her functions
or responsibilities, or the decision making process with respect to the
specific assisted activity in question;
(5) Whether the interest or benefit was present before the affected
person was in a position as described in paragraph (b) of this section;
(6) Whether undue hardship will result either to the recipient or the
person affected when weighed against the public interest served by avoiding the
prohibited conflict; and
(7) Any other relevant considerations.
EXHIBIT CI
Prohibition Against Conflicts of Interest
Page 3 of 4
Community Development Block Grant
Policy Manual
I.D. # A -11
(pg. 1 of 2)
TOPIC: CONFLICT OF INTEREST CODED
RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY
DATE: October 1989
This Conflict of Interest Code is written to comply with Federal Regulations
(24 CFR Part 85). These Regulations. "Administrative Requirements for Grants
and Cooperative Agreements to State, Local and Federally Recognized Indian
Tribal Governments" require that grantees and sub - grantees will maintain a
written code of standards of conduct governing the performance of their
employees engaged in the award and administration of contracts.
1) No employee, officer or agent of the grantee shall participate in the
selection, in the award or in the administration of a contract supported by
Federal Funds if a conflict of interest, real or apparent, would be involved.
2) Such a conflict will arise when:
i) The employee, officer or agent;
ii) Any member of the immediate family;
iii) His /Her partners, or;
iv) An organization which employs, or is about to employ any of the
above has a financial or other interest in the firm's selection
for award.
3) The grantee's or sub - grantee's officers, employees or agents will neither
solicit nor accept gratuities, favors or anything of monetary value from
contractors or parties to sub - agreements except as noted in Section 4.
4) A grantee's or sub - grantee's officers, employees or agents will be presumed
to have a financial interest in a business if their financial interest exceeds
the following:
i) Any business entity in which the official has a direct or indirect
investment worth one thousand dollars ($1,000) or more.
Any real property in which the official has a direct or indirect
interest worth one thousand dollars ($1,000) or more.
EXHIBIT CI
Prohibition Against Conflicts of Interest
Page 4 of 4
Community Development Block Grant
Policy Manual
I.D. # A -11
(pg. 2 of 2)
TOPIC: CONFLICT OF INTEREST CODE
RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY
DATE: October 1989
iii) Any source of income, other than gifts and other than
loans by a commercial lending institution in the regular
course of business on terms available to the public
without regard to official status, aggregating two
hundred fifty dollars ($250) or more in value provided
to, received by or promised to the official within 12
months prior to the time when the decision is made.
iv) Any business entity in which the official is a director,
officer, partner, trustee, employee, or holds any
position of management.
v) Any donor of, or any intermediary or agent for a donor
of, a gift or gifts aggregating two hundred fifty
dollars ($250) or more in value provided to, received
by, or promised to the official within 12 months prior
to the time when the decision is made.
5) For purposes of Section 4, indirect investment or interest means any
investment or interest owned by the spouse or dependent child of an
official, by an agent on behalf of an official, or by a business
entity or trust in which the official, the official's agents,
spouse, and dependent children own directly, indirectly, or
beneficially a 10- percent interest or more.
s�cuFc�FOHnns,,�ao.cxH!rrr rice
EXHIBIT "R"
Constitutional Prohibition
In accordance with First Amendment Church /State Principles, as a general rule,
CDBG /ESG assistance may not be used for religious activities or provided to primarily
religious entities for any activities, including secular activities. The following
restrictions and limitations therefore apply to the use of CDBG /ESG funds.
(1) CDBG /ESG funds may not be used for the acquisition of property or the
construction or rehabilitation (including historic preservation and removal of
architectural barriers) of structures to be used for religious purposes or which will
otherwise promote religious interests. This limitation includes the acquisition of
property for ownership by primarily religious entities and the construction or
rehabilitation (including historic preservation and removal of architectural
barriers) of structures owned by such entities (except as permitted under paragraph
(j) (2) of this section with respect to rehabilitation and under paragraph (j) (4) of
this section with respect to repairs undertaken in connection with public services)
regardless of the use to be made of the property or structure. Property owned by
primarily religious entities may be acquired with CDBG /ESG funds at no more than fair
market value for a non - religious use.
(2) CDBG /ESG funds may be used to rehabilitate buildings owned by primarily
religious entities to be used for a wholly secular purpose under the following
conditions:
(i) The building (or portion thereof) that is to be improved with the
CDBG /ESG assistance has been leased to an existing or newly - established wholly
secular entity (which may be an entity established by the religious entity);
(ii) The CDBG /ESG assistance is provided to the lessee (and not the
lessor) to make the improvements;
(iii) The leased premises will be used exclusively for secular purposes
available to persons regardless of religion;
(iv) The lease payments do not exceed the fair market rent of the
premises as they were before the improvements are made;
(v) The portion of the cost of any improvements that also serve a non -
leased part of the building will be allocated to and paid for by the lessor;
(vi) The lessor enters into a binding agreement that unless the lessee,
or a qualified successor lessee, retains the use of the leased premises for a wholly
secular purpose for at least the useful life of the improvements, the lessor will pay
to the lessee an amount equal to the residual value of the improvements;
(vii) The lessee must remit the amount received from the lessor under
subparagraph (2) (vi) of this section to the recipient or subrecipient from which the
CDBG /ESG funds were derived.
EXHIBIT "R"
Constitutional Prohibition
Page 2
The lessee can also enter into a management contract authorizing the lessor
religious entity to use the building for its intended secular purpose, e.g., homeless
shelter, provision of public services. In such case, the religious entity must agree
in the management contract to carry out the secular purpose in a manner free form
religious influences in accordance with the principles set forth in paragraph (j) (3)
of this section.
(3) As a general rule, CDBG /ESG funds may be used for eligible public services
to be provided through a primarily religious entity, where the religious entity
enters into an agreement with the recipient or subrecipient from which the CDBG /ESG
funds are derived that, in connection with the provision of such services:
(i) It will not discriminate against any employee or applicant for
employment on the basis of religion and will not limit employment or give preference
in employment to persons on the basis of religion.
(ii) It will not discriminate against any person applying for such public
services on the basis of religion and will not limit such services or give preference
to persons on the basis of religion;
(iii) It will provide no religious instruction or counseling, conduct no
religious worship or services, engage in no religious proselytizing, and exert no
other religious influence in the provision of such public services;
(iv) The portion of a facility used to provide the public services shall
contain no religious symbols or decorations, other than those permanently affixed to
or part of the structure.
(4) Where the public services provided under paragraph (j) (3) of this section
are carried out on property owned by the primarily religious entity, CDBG /ESG funds
may also be used for minor repairs to such property which are directly related to
carrying out the public services where the cost constitutes in dollar terms only an
incidental portion of the CDBG /ESG expenditure for the public services.
I C D I. i t1KVi, ' .i'Ach' ,i 2 doc
EXHIBIT " "S"
Page 1 of 2
Economic Opportunities for Section 3 Residents and Section 3 Business Concerns
Sec. 135.38 Section 3 clause.
All Section 3 covered contracts shall include the following clause (referred to
as the Section 3 Clause):
A. The work to be performed under this contract is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 170lu (Section 3) . The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance or HUD -
assisted projects covered by Section 3, shall, to the greatest extent feasible,
be directed to low- and very low- income persons, particularly persons who are
recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in
24 CFR part 135, which implement Section 3. As evidenced by their execution of
this contract, the parties to this contract certify that they are under no
contractual or other impediment that would prevent them from complying with the
part 135 regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which the contractor has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers' representative of the contractor's commitments under
this Section 3 clause, and will post copies of the notice in conspicuous places
at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name
and location of the person(s) taking applications for each of the positions; and
the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every
subcontract subject to compliance with regulations in 24 CFR part 135, and agrees
to take appropriate action, as provided in an applicable provision of the
subcontract or in this Section 3 clause, upon a finding that the subcontractor is
in violation of the regulations in 24 CFR part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge
that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
EXHIBIT "S"
Page 2 of 2
E. The contractor will certify that any vacant employment positions,
including training positions, that are filled (1) after the contractor is
selected but before the contract is executed, and (2) with persons other than
those to whom the regulations of 24 CFR part 135 require employment opportunities
to be directed, were not filled to circumvent the contractor's obligations under
24 CFR part 135.
F. The contractor will certify that any vacant employment positions,
including training positions, that are filled (1) after the contractor is
selected but before the contract is executed, and (2) with persons other than
those to whom the regulations of 24 CFR part 135 require employment opportunities
to be directed, were not filled to circumvent the contractor's obligations under
24 CFR part 135.
G. Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
H. With respect to work performed in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian Self - Determination and
Education Assistance Act (25 U.S.C. 450e) also applies to the work to be
performed under this contract. Section 7(b) requires that to the greatest extent
feasible (i) preference and opportunities for training and employment shall be
given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian -owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and
Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but
not in derogation of compliance with Section 7(b).
d C Db(bvFQR9S T7�F_XHIBiI Sdoc
STAFF REPORT Agenda Item
TO: Mayor and Council Members
FROM: City Manager
DATE: September 6t", 2011
SUBJECT: Pavement Management and Street Repair- Emergency Repair of sink holes at
various locations
Background and Analysis:
The Capital Improvement Plan for Fiscal Year 2011 -2012 identified several neighborhoods and
streets which will be repaired and rehabilitated this year. There are various street locations that
require sinkholes to be repaired. The attached spreadsheet provides the location details. Some
sinkholes could be result in future road comprise and others are over utility trenches including
sewer trenches that could be severely compromised.
Proposals were requested from three qualified contractors to repair the sink holes at various
locations. Three proposals were received which are attached and summarized below:
Kad Paving Company - $257,411.33
Ron Moody Construction- $305,971.35
J Harris Construction $384,591.80
Fiscal Impact:
The proposed project will not impact the General Fund. This project will be funded by
Transportation Funds.
Recommendation:
Staff recommends AWARD of an Agreement and Task Order with Kad Paving Company,
APPROVAL of the Project Progress Report, AUTHORIZATION of the Mayor to execute the
Agreement, Task Order and Project Progress Report subject to the authority of the City Attorney
to make non- substantive changes.
CITY
City Manager
Item number
Location
Remarks
1.
6th and Penn
Sewer sink hole/ sinking curb
2.
935 Union
Sewer sink hole
3.
6t5 st west of American
Sewer main trench sink
4.
Vallecito & Eureka
R &R cross gutter/ sewer sink
hole
5.
1380, 8th street
Standing water
6.
Cameron st 1226,1240,1246
Sink holes over sewer laterals
7.
1350 Maple
Sink holes/ cross gutter &
spandrel/ sink holes over sewer
laterals
8.
Olive
Sewer laterals and main line
sinking
9.
Allegheny Ave
Sewer main line sinking
10.
OVP Cherry to Michigan
Sidewalk improvement
11.
OVP @ Stater Brothers
Pot holes
12.
Euclid 750,729,666,665,826,1140
Sidewalk improvement
13.
Beaumont Ave & Lorraine Dr
Standing water in spandrel &
cross gutter
CITY OF BEAUMONT
PROJECT PROGRESS REPORT
Transportation Funds Project Name: Emergency repair of sink holes at various
Source of locations
Funds:
Contract September 6, 2011 Contractors: Kad Paving
Date:
Const. Budget: $257,411.33
A &E Budget: As per Qualified Contractors
Project Start Date: August 201 1
Report Period: September 2011
Work Completed During Report Period:
Request for proposals were sent and proposals were evaluated .
Problems or Delays During Report Period:
*No delays
Change Orders:
• No Change Orders
Recommendation(s) for City Council Action:
Approve and execute Agreement and Task Order No. 1
Approved and authorized by:
Mayor Signature Date of City Council Approval
ENGINEERING
12173 10TH STREET
YUCAIPA, CA 92399 Phone: (909) 790 -3366
Cell #: (909)721 -1020
GE.%i. CON7RAC70PS A' LIC $ 937845 & C -12 Fax: (909)7W3369
CONTRACT/PROPOSAL
PROPOSAL 5T,B:il7[ TED TO
iV
tF "ORari TO BE PEkFOP -11 f? .4 T
'r :.'- ;.� -�, t- Y„ii_ER S, \T, cr`li ��FL
PHONE: 951- 229 -6557 FAX: ATT: ROB OWEN Date : 07/07/2011
KAD Paving Company will provide all materials. perform a!' labor and supply ar eaulprnent for the completion of the pro)ect(s?
specified below. KAD Paving Company guarantees the usage of ail materials specified wilt rn the contents of this contra ct/or000sa1.
Pam[e +• t. r_r[G «fin Pr. .,.n.r_._ - :C t... t pa an S=; ..v Per.=
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_T fb+R ROI![ /s[nk✓,Y cola;
-
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,
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;trip RasaMl mtW lane
1aG41
55 " >x
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$woo
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-
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132.x
$11,018x
1179:
935 U,ew, sips hmM
sewer oni hdey'dra,e Ream
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555.7)
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sSC Sf
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$m'x
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54.75
20
$31!]0
5
27:92
1390 BM St
Sianeti{uater
210e
7c
S SSM
S:Lc 00 53 Saw
SleS.o]
1*c
)9.71
1 200
532:]0
$21.NS.OD
',1350
'
1 B apandrai`
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FalkO n M9p[e
sawn 1rtsaMi saikYffi Pat -des
56C S=
zt
5:. `S
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hr[remn ST :226
a9edm 1,13a0, I1a6
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$165 CG
I
$31,3so.W j
folbe
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sae was smkct {and V.P haiatds
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$S., OC
S:OG -OG $. V O: �
'650C
i 338
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.GO
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$1D,235' 0 !
I— [P —A. maafS[O ' Obpawf oa',: .1. _,iae, WY a^ rariree'Ma ^ww•emenn
P miC-.ft wd flil.- snn[pwr , Tee a. wipe nwhrub wiii r paid TW
—ft tmffx —, Swn4a[s a C[ 0— per LM $ro, dee Aa Ca4
"I S _ RG,HA7ARDOi S EXCLUSIONS: BONDS,FEES.TRAFFiC CONTROL_ ASSESSMENTS.PERMi :\
MATERIAL ILANDLING OF ANY
YLALL, FJ_LU(;A 1 L. IN I I-XI EKINti t.. I ILiLJ. "A ILK JUUKL.L.
ICJ
Acceptance of Proposal
The above work to be performed in accordance with drawings and the specifications submitted for
The above work and complete in a workmanlike manner for the sum of:
With oavments to be made as follows: Upon Completion
Any a@er8bon or deviation from the specifications provided herein, will be executed only upon written orders. and will become an additional charge over and
Above the estimate(s) provided in this document. Buyer agrees to pay all court costs and reasonable attorneys fees in the event of defauh or if this Contract is subm nec to an attome,
enforcement purposes. Owner renders Contractor harmless and agrees to relieve Contractor of all liabilty lot any unsansfactory
Results in the event that the Owner shall require Contractor to lay asphait on sup- grade . wrich i7 the oprion of the Contractor in unsatisfactory. Contractor
15 not responsible for damage to underground utilities or lines unless such utilities or lines have been property staked it advance of operations. Damage caused
by others to seal-coat, striping and surrounding area after back -fill seal coat etas been applied is the sole responsibility of Owner and Owner accepts full liability
for such damage Contractor is not responsible for back -fill, compaction of back -fill installed by otners, renective cracking on surface areas. and pre - existing engineering in respect to
dramage Owner acoeots full liability for the aforementioned Ali engi eenrg testing inspection and permit fees Dave been excluded
f-or, the contents of this contract and shali be deemed as canaterai to cGnterts r :n +s Contract Ti,s proposal shall expire in 50 dais Pay -ent is due at completion c' No 'k_ Inte'es?
accrue (g 10% pals costs daily after 30 days— Material costs are onry vaiid *cr 30 Bays frpm date of tms oroposa!
Upon acceptance of bid, please complete the foltowlnd information !per sectior 3097 CaFforriia Civil Code Procedures Sign and return one copy
Owwner.
.Address:
Construction Lender:
.Address:
icnera'i C.. t-a.za:.
.3dd:ess:
Signature:
Submitted Bv: Donnie N1 heeler
BN: Donnie Wheeler Jr,
29- Aug -Ii _]� j
Or79iCai COD7'I
Ron Moody Const 7/7/2011 Emergancy Sewer Sink Holes Repair
Remove unsuitable Spandrel Curb &
Request unsuiable Material price Slurry backfill Traffic control AC Paving per Spandrel X -Gutter R &R Gutter per
Partner M material CY Per CY price Per CY LS Tons AC ton SF Per SF sidewalk SF $ LF of C/G LF
Total
1
Called In
6th and Penn
sewer sink holes /sinking curb /trip hazard/ In
bike lane
140 sf
60
$55.00
$120.00
$800.00
40
$220.00
24
$65.00
$21,660.00
2
27291
935 Union sink hole
sewer sink holes/ drive hazard
700 sf
110
$55.00
$120.00
$620.00
18
$220.00
$23,830.00
3
called in
6th St west of American
sewer main trench sink
200 sf
72
$55.00
$120.00
$300.00
5
$220.00
$14,000.00
4
called In
Vallecito & Eureka
R &R cross gutter/ Sewer sink holes
$50 SF
92
$55.00
$120.00
$250.00
12
$220.00
850
$12.50
20
$65.00
$30,915.00
5
27192
1380 8th St
Standing water
210 sf
70
$55.00
$120.00
$200.00
is
$220.00
120
$12.50
200
$65.00
$30,250.00
6
1 called in
11350 Maple
Sink holes Cross gutter & spandral/ sewer
laterai(s sinking pot holes
560 SF
65
1 $55.00
$120.00
1 $200.00
21
$220.00
566
1 $12.50
$23,270.00
7
1 called in
Cameron ST 1226,1240,1246
Sink holes over sewer laterals
400 sf
55
$55.00
$120.00
$350.00
15
$220.00
$13,27s.00
8
1 called in
I Olive
Sewer laterals and main line sinkin side walk
sinking and trip hazards
16205F
s0
$55
$120.00
$650
38.98
$220.00
283.5
$12.50
54
$8.00
12
$65.00
$22,751.35
9
27533
JAIlegheny Ave
Sewer main line sinking Large vode and
pothole
400 SF
75
$55.00
$120.00
$350.00
20
$220.00
$27,875.00
10
called In
OVP Cherry to Michigan
Lifting sidewalks trip hazard
1700$F
40
$55.00
$120.00
$350.00
$220.00
$12.50
2525
$8.00
$27,550.00
11
26715
OVP 0) Stator Brothers
ITrench Failor /potholes
20005E
g8
$55.00
$120.00
$350.00
50
$220.00
526.790.00
12
27398
Euclid 750,729,666,665,826, 1140
Trip hazards/ several request partners
23006f
68
$55.00
$120.00
$350.00
11
$220.00
2100
$8.00
533470.00
13
Beaumont Ave &Laraine Or
Standing water In Spandrel &cross gutter
5005f
60
$55.00
$120.00
$350.00
12
$220.00
338
$12.50
260
$a.00
s0
$65.00
322395.00
Price to Include mobilization, disposal of unsuitable materials, pay on verified field measurements
price must Include back fill and compaction, Tee cut's, Pipe materials will be paid T &M,
Include traffic control, Spandrels & Cross gutter per City STD, sidewalks,C &G
$305,971.35
JEREMY HARRIS CONSTRUCTION
12189 7th Street, Suite #14
Yucaipa, CA 92399
9091234 -8264 Office
9511789 -0089 Fax
TO: ROB OWEN
CITY OF BEAUMONT
Proposal
Project: EMERGENCY POTHOLE REPAIR
Remove unsuitable Spandrel X- Curb &
unsuitable Material Slurry back fill AC Paving per Spandrel Gutter Per R &R Gutter per
material CY price Per CY price Per CY Traffic control LS Tons AC ton SF SF sidewalk SF $ LF of C/G LF Total
1
Called In
6th and Penn
sewer sink holes/sinking curb /trip hazard/ In
bike lane
140 sf
60
$95.00
135.00
$520.00
40
$210.00
24
$40.00
$23,680.00
2
27291 1935
Union sink hole
sewer sink holes/ drive hazard
700 sf
110
$95.00
135.00
$520.00
i8
$210.00
$29,600.00
3
called In 16th
St west of American
sewer main trench sink
200 sf
72
$95.00
135.00
$520.00
5
$210.00
$18,130.00
4
called In
VallecRo & Eureka
R &R cross gutter/ Sewer sink holes
850 SF
92
$95.00
135.00
$520.00
12
$210.00
850
$16.00
20
$40.00
$38,600.00
5
27192
13806th St
Standing water
210 sf
70
$95.00
135.00
$520.00
15
$210.00
120
$16.00
200
$40.00
1129,690.00
6
called In
1350 Maple
Sink holes / Cross gutter & spandral/ sewer
Iaterails sinking pot holes
560 SF
65
$95.00
135.00
$520.00
21
$210.00
1 566
$16.00
1
$28,936.00
7
called In
Cameron ST 1226,1240,1246
Sink holes over sewer laterals
400 sf
55
$95.00
135.00
$520.00
is
$210.00
$16,320.00
8
called in
Olive
Sewer laterals and main line sinking/ side walk
sinking and trip hazards
1620SF
50
1 $95.00
135.00
1 $520.00
38.98
$210.00
283.5
$16.00
1 54
$14.00
12
$40.00
1 $29,977.60
9
27533
1 Allegheny Ave
Sewer main line sinking / Large vode and pothole
400 SF
75
$95,00
135.00
$520.00
20
$210.00
$21,970.00
20
called In
OVP Cherry to Michigan
Lifting sidewalkstrip hazard
1700SF
40
$95.00
135.00
$520.00
$210.00
$16.00
2525
$14.00
$49,070.00
11
26715
OVP 0 Stator Brothers
Trench Fallor /potholes
2000SF
88
$95.00
135.00
$520.00
50
$210.00
$31,260.00
12
27398
Euclld 750,729,665,665,826, 1140
Trip hazards / several request partners
2100$f
68
$95.00
135.00
$520.00
11
$210.00
2100
$14.00
$47,670.00
13
8eeumont Ave & Laraine or
Standing water In Spandrel & cross gutter
Soosf
60
$95,00
135.00
$520.00
12
$210.00
338
1 $16.00
260
$14.00
40
$40.00
$27,486.00
Excludes-
Engineering,
testing, permits, inspection fees, SWPPP,
Dig -Alert, utilities, survey, traffic control, concrete, ac, water, dump fees,
and slurry back fill.
$384,591.60
Rev. 09/05
AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR
(Project Name: Emergency Repair of Sink holes)
THIS AGREEMENT is made and effective as of the 6th day of September, 2011, by and
between the CITY OF BEAUMONT ( "OWNER ") whose address is 550 E. 6th Street, Beaumont,
California 92223 and Kad Paving Company dba Kad Engineering., whose address is 12173, 1 01
street, Yucaipa, CA 92399, telephone (909) 790 3366, fax (909) 790 3369 e -mail
kadpaving @yahoo.com, Fed. Tax Id. No. 27- 0618394 ( "CONTRACTOR ").
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and
intentions of the parties to this Agreement:
A. OWNER desires to engage the services of CONTRACTOR to perform such
services as may be assigned, from time to time, by OWNER in writing for the purpose of Street
Repair and Pavement Rehabilitation.
B. The specific services to be performed by CONTRACTOR shall be described in
one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this
Agreement.
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance
with, the terms and conditions of this Agreement, and has represented and warrants to OWNER
that CONTRACTOR possesses the necessary skills, qualifications, personnel and equipment to
provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants
contained herein, OWNER and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written
and shall continue until end January 2012 , unless extended or sooner terminated as provided for
herein.
2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide
such services as may be assigned, from time to time, in writing by the City Council of OWNER.
Each such assignment shall be made in the form of a written Task Order. Each such Task Order
shall include, but shall not be limited to, a description of the nature and scope of the services to
be performed by CONTRACTOR, the amount of compensation to be paid, and the expected time
of completion.
Page 1 of 10
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 each such assignment; provided,
however, that CONTRACTOR shall not subcontract any of the work to be performed without the
prior written consent of OWNER.
4. Compensation.
4.01 In consideration for the services to be performed by CONTRACTOR,
OWNER agrees to pay CONTRACTOR as provided for in each Task Order.
4.02 Each Task Order shall specify a total not -to- exceed sum of money and
shall be based upon CONTRACTOR's schedule of regular hourly rates customarily
charged by CONTRACTOR to its clients.
4.03 OWNER may reimburse CONTRACTOR for reasonable and necessary
expenses incurred by CONTRACTOR in the performance of services for OWNER.
Reimbursement shall be according to a schedule of reimbursable expenses included in
each Task Order.
4.04 CONTRACTOR shall not be compensated for any services rendered nor
reimbursed for any expenses incurred in excess of those authorized in any Task Order
unless approved in advance by the City Council of OWNER, in writing.
4.05 Unless otherwise provided for in any Task Order issued pursuant to this
Agreement, CONTRACTOR agrees that payment of compensation earned shall be made
in monthly installments within 30 business days after receipt of a detailed, corrected,
written invoice describing in reasonable detail, to the extent applicable, the services
performed, the time spent performing such services, the hourly rate charged therefor, the
identity of individuals performing such services for the benefit of OWNER, and materials
consumed or used. Such invoice shall also include a detailed itemization of authorized
expenses incurred.
5. Obligations of Contractor.
5.01 CONTRACTOR agrees to perform all assigned services in accordance
with the terms and conditions of this Agreement and those specified in each Task Order.
5.02 Except as otherwise provided for in each Task Order, CONTRACTOR
will supply all personnel, materials and equipment required to perform the assigned
services.
5.03 CONTRACTOR shall keep OWNER informed as to the progress of the
work assigned hereunder, by means of regular and frequent consultations. From
time -to -time, when requested by the OWNER, CONTRACTOR shall prepare written
status reports.
Page 2 of 10
5.04 CONTRACTOR hereby agrees to be solely responsible for the health and
safety of its employees and agents in performing the services assigned by OWNER.
Therefore, CONTRACTOR hereby covenants and agrees to:
a. Obtain a comprehensive general liability insurance policy in an
amount of not less than $ 2 million per occurrence for all coverage naming
OWNER as an additional insured;
b. Optional Insurance Coverage: Choose and check one:
Required Not Required _x_; Obtain a policy of errors and omissions
insurance in a minimum amount of $ per occurrence to
cover any negligent acts or omissions committed by CONTRACTOR, its
employees and /or agents in the performance of any services for OWNER;
C. Comply with all applicable local (including OWNER'S), state and
federal laws, rules and regulations regarding, by way of example and not by
limitation, nondiscrimination and payment of wages;
d. Provide worker's compensation insurance for CONTRACTOR's
employees and agents with limits as prescribed by law and custom.
CONTRACTOR waives all rights of subrogation against OWNER. Evidence of
all insurance coverage shall be provided to OWNER prior to issuance of the first Task
Order. Such policies shall be issued by a highly rated insurer (minimum Best's Ins. Guide
rating of "AN11 ") licensed to do business in California, and shall provide that they shall
not be cancelled or amended without 30 days' prior written notice to OWNER. Self -
insurance does not comply with these insurance specifications. CONTRACTOR
acknowledges and agrees that all such insurance is in addition to CONTRACTOR's
obligation to fully indemnify and hold OWNER completely free and harmless from and
against any and all claims arising out of any, loss, injury or damage to property or persons
caused by the negligent acts or omissions of CONTRACTOR in performing services
assigned by OWNER.
5.05 CONTRACTOR and OWNER agree that OWNER, 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. 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 OWNER. CONTRACTOR acknowledges that OWNER would
not enter into this Agreement in the absence of the commitment of CONTRACTOR to
indemnify and protect OWNER as set forth here.
Page 3 of 10
5.05.1 To the full extent permitted by law, CONTRACTOR shall defend,
indemnify and hold harmless OWNER, its employees, agents and officials, from
any liability, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, actual attorneys' fees incurred by owner,
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 OWNER. All obligations under this provision are to be paid
by CONTRACTOR as they are incurred by OWNER.
5.05.2 Without affecting the rights of OWNER under any provision of
this Agreement or this Section, CONTRACTOR shall not be required to
indemnify and hold harmless OWNER as set forth above for liability attributable
to the sole fault of OWNER, provided such sole fault is determined by agreement
between the parties or the findings of a court of competent jurisdiction. This
exception will apply only in instances where OWNER is shown to have been
solely at fault and not in instances where CONTRACTOR is solely or partially at
fault or in instances where OWNER's fault accounts for only a percentage of the
liability involved. In those instances, the obligation of CONTRACTOR will be
all - inclusive and OWNER will be indemnified for all liability incurred, even
though a percentage of liability is attributable to conduct of OWNER.
CONTRACTOR acknowledges that its obligation pursuant to this Section extends
to liability attributable to OWNER, if that liability is less than the sole fault of
OWNER. CONTRACTOR has no obligation under this Agreement for liability
proven in a court of competent jurisdiction or by written agreement between the
parties to be the sole fault of OWNER.
5.06 In the event that OWNER requests that specific employees or agents of
CONTRACTOR supervise or otherwise perform the services specified in each Task
Order, CONTRACTOR shall ensure that such individual (or individuals) shall be
appointed and assigned the responsibility of performing the services.
5.07 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.
Page 4 of 10
5.08 CONTRACTOR shall be solely responsible for obtaining all permits,
licenses and approvals necessary or applicable to the performance of services under this
Agreement, unless otherwise expressly provided for in any Task Order issued pursuant to
this Agreement. In the event OWNER 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.
5.09 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.
5.10 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.
5.11 Drug and Alcohol Testing Polices The CONTRACTOR agrees to
establish an anti -drug use and alcohol misuse program consistent with the requirements of
this Section. The CONTRACTOR's anti -drug use and alcohol misuse program shall
include the following:
a. The adoption, and enforcement, of a policy on prohibited drug use
and alcohol misuse in the workplace, including the consequences associated with
prohibited drug use and alcohol misuse. The CONTRACTOR shall disseminate
the policy statement to its employees;
b. An education and training program in which employees and their
supervisors shall receive at least 60 minutes of training on the effects and
consequences of prohibited drug use on personal health, safety, and work
environment, and on the signs and symptoms that may indicate prohibited drug
use and alcohol misuse. In addition, supervisors shall receive an additional 60
minutes of training on the physical, behavioral and performance indicators of
probable drug use and alcohol misuse;
C. A testing program which meets the requirements of Section 3
below; and
d. Procedures for referring an employee who has a verified positive
drug test result or an alcohol concentration of 0.04 or greater to a substance abuse
professional.
Page 5 of 10
5.12 Drug and Alcohol Testing_
a. Dru Testing: The CONTRACTOR shall establish a program that
provides testing for prohibited drugs in the following circumstances: pre-
employment, post- accident, reasonable suspicion, random and return to
duty /follow -up. When administering a drug test, the CONTRACTOR agrees to
ensure that the following drugs are tested for: marijuana, cocaine, opiates,
amphetamines, and phencyclidine.
b. Alcohol Testing: The CONTRACTOR shall establish a program
that provides for testing of alcohol in the following circumstances: post- accident,
reasonable suspicion, random and return to duty /follow -up. The CONTRACTOR
shall prohibit an employee, while having an alcohol concentration of 0.04 or
greater, from performing or continuing to perform a safety - sensitive function.
5.13 Background Investigations. CONTRACTOR acknowledges that certain of
CONTRACTOR's employees perform services that have the potential for endangering
the health and safety of members of the general public, and have unrestricted access to
sensitive OWNER operations and facilities which, if improperly operated or maintained,
could result in personal injury or death to themselves, co- workers and the public.
Therefore, the CONTRACTOR hereby agrees, at its sole cost and expense, to develop
and implement an employee security system and program that includes, but is not limited
to, the following:
a. A personal history statement;
b. Reference checks;
C. Photographs;
d. Fingerprinting;
e. Background investigation, including information from the
California Department of Justice and the Department of Motor Vehicles.
6. Obligations of Owner.
6.01 OWNER shall do the following in a manner so as not to unreasonably
hinder the performance of services by CONTRACTOR:
a. Provide information, requirements and criteria regarding
OWNER'S project;
b. Furnish all existing studies, reports and other available data and
items pertinent to each Task Order that are in OWNER's possession;
Page 6 of 10
C. Designate a person to act as a liaison between CONTRACTOR and
the City Council of OWNER.
7. Additional Services, Changes and Deletions.
7.01 During the term of this Agreement, the City Council of OWNER may,
from time to time, and without affecting the validity of this Agreement or any Task Order
issued thereunder, order changes, deletions and additional services by the issuance of
written change orders authorized and approved by the City Council of OWNER.
7.02 In the event CONTRACTOR performs additional or different services
than those described in any Task Order or authorized change order without the prior
written approval of the City Council of OWNER, CONTRACTOR shall not be
compensated for such services.
7.03 CONTRACTOR shall promptly advise OWNER 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 to be provided pursuant to this
Agreement. All proposed changes, modifications, deletions and/or requests for additional
services shall be reduced to writing for review and approval by the City Council of
OWNER.
7.04 In the event that OWNER orders services deleted or reduced,
compensation shall likewise be deleted or reduced by a fair and reasonable amount and
CONTRACTOR shall only be compensated for services actually performed. In the event
additional services are properly authorized, payment for the same shall be made as
provided in Section 4 above.
8. Termination of Agreement.
8.01 In the event the time specified for completion of an assigned task in a Task
Order exceeds the term of this Agreement, the term of this Agreement shall be
automatically extended for such additional time as is necessary to complete such Task
Order, and thereupon this Agreement shall automatically terminate without further notice.
8.02 Notwithstanding any other provision of this Agreement, OWNER, at its
sole option, may terminate this Agreement at any time by giving 10 days' written notice to
CONTRACTOR, whether or not a Task Order has been issued to CONTRACTOR.
8.03 In the event of termination, the payment of monies due CONTRACTOR
for work performed prior to the effective date of such termination shall be paid within 45
business days after receipt of an invoice as provided in this Agreement. Upon payment
for such services, CONTRACTOR agrees to promptly provide and deliver to OWNER all
original documents, reports, studies, plans, specifications and the like which are in the
possession or control of CONTRACTOR and pertain to OWNER.
Page 7 of 10
9. Status of Contractor.
9.01 CONTRACTOR shall perform the services assigned by OWNER in
CONTRACTOR's own way as an independent contractor, and in pursuit of
CONTRACTOR's independent calling, and not as an employee of OWNER.
CONTRACTOR shall be under the control of OWNER only as to the result to be
accomplished and the personnel assigned to perform services. However,
CONTRACTOR shall regularly confer with OWNER's City Council as provided for in
this Agreement.
9.02 CONTRACTOR hereby specifically represents and warrants to OWNER
that the services to be rendered pursuant to this Agreement shall be performed in
accordance with the standards customarily applicable to an experienced and competent
professional rendering the same or similar services. 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.
10. Ownership of Documents; Audit.
10.01 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 assigned to it by OWNER shall become the sole property of
OWNER, and CONTRACTOR shall promptly deliver all such materials to OWNER. At
the OWNER's sole discretion, CONTRACTOR may be permitted to retain original
documents, and furnish reproductions. If OWNER uses such documents for any purpose
other than for which they were prepared without CONTRACTOR's prior written
approval, OWNER hereby waives any claims against CONTRACTOR and will hold
CONTRACTOR harmless from any claim or liability for injury or loss arising from
OWNER's unauthorized use.
10.02 Subject to applicable federal and state laws, rules and regulations,
OWNER shall hold all intellectual property rights to any materials developed pursuant to
this Agreement. CONTRACTOR shall not use 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 OWNER.
10.03 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 OWNER may deem necessary, CONTRACTOR shall make available to
OWNER's agents for examination all of such records and shall permit OWNER's agents
to audit, examine and reproduce such records.
Page 8 of 10
11. Miscellaneous Provisions.
11.01 This Agreement supersedes any and all previous agreements, either oral or
written, between the parties hereto with respect to the rendering of services by
CONTRACTOR for OWNER 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.
11.02 CONTRACTOR shall not assign or otherwise transfer any rights or
interest in this Agreement without the prior written consent of OWNER. 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.
11.03 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.
11.04 If required by law, CONTRACTOR shall file Conflict of Interest
Statements with OWNER.
11.05 Any dispute which may arise by and between the OWNER and the
CONTRACTOR, including the CONTRACTOR's subcontractors, laborers, and suppliers,
shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial
Arbitration and Mediation Services, Inc./Endispute, in accordance with its construction
industry rules in effect at the time of the commencement of the arbitration proceeding,
and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three
arbitrators, unless the PARTIES agree in writing to submit the matter before a single
arbitrator. The arbitrators must decide each and every dispute in accordance with the
laws of the State of California, and all other applicable laws. The arbitrators' decision
and award are subject to judicial review for errors of fact or law in accordance with
Section 1296 of the Code of Civil Procedure, by a Superior Court of competent venue and
jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to
Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the
contrary, prior to the appointment of the arbitrators, all disputes shall first be submitted to
non - binding mediation, conducted by either the American Arbitration Association or
Judicial Arbitration and Mediation Services, Inc. /Endispute, in accordance with their
respective rules and procedures for such mediation. In any arbitration or litigation arising
out of this Agreement, or the performance of any obligation under this Agreement, the
arbitrators or the court in such arbitration or litigation shall award costs and expenses of
arbitration or litigation, including mediation and arbitration fees and expenses, expert
witness fees and attorneys' fees, to the prevailing PARTY.
Page 9 of 10
IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement as
of the day and year first above - written.
OWNER:
CITY OF BEAUMONT
an
Mayor, City Council
CONTRACTOR:
Kad Paving Company.
By cn
Print Name
Title i7 r �> e n
Page 10 of 10
CITY OF BEAUMONT
INDEPENDENT CONTRACTOR'S TASK ORDER
(Project Title: Emergency Repair of Sink holes)
TASK ORDER NO.: One
CONTRACTOR: Name:
Address:
Telephone:
Fax:
E -mail:
Fed. Tax Id.:
Kad Paving Company dba Kad Engineering
12173 10th Street, Yucaipa, CA 92399
(909) 790 3366
(909) 790 3369
kadpaving@yahoo.com
27- 0618394
THIS TASK ORDER is issued pursuant to that certain Agreement for Services by
Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and Kad Paving
Company ( "CONTRACTOR ") dated September 6, 2011 (the "AGREEMENT ").
1. Task to be Performed. CONTRACTOR shall provide all labor, materials and
equipment to perform the following task (choose and check one):
See Exhibit "A ", attached hereto
Description of Task: _Emergency repair of sink holes at various locations as per
attached
2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall
begin work within 7 days of the date this Task Order is signed by the OWNER and shall complete
performance of such services by or before November 30, 2011.
3. Liaison of OWNER. Mr./Ms. Rob Owen, Construction Manager shall serve as
liaison between OWNER and CONTRACTOR.
4. Staff Assignments. CONTRACTOR will assign the following personnel to perform
the services required by this Task Order: (Check if this Paragraph 4 Not Applicable: )
Donald Wheeler Jr
Page 1 of 2
5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or
dates indicated, the following: (Check if this Paragraph 5 Not Applicable: _xx—)
6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task
Order, CONTRACTOR shall receive a total not -to- exceed lump sum of $ 257,411.33 payable as
follows:
7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph
6 above, CONTRACTOR (choose and check one:) shall/ _xx_shall not /be entitled to
reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be
limited to:
8. Miscellaneous Matters. The following additional matters are made a part of this
Task Order (choose and check one):
Not applicable
x See Exhibit "A ", attached hereto; or
Description:
below.
Dated:
Dated:
IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated
CITY OF BEAUMONT
CONTRACTOR:
Kad Paving C pany
EYE,
Print Name
� c' t t L'>
Title
Page 2 of 2
STAFFREPORT Agenda Item
TO: Mayor and Council Members
FROM: City Manager
DATE: September 6th, 2011
SUBJECT: Pavement Management and Street Repair- Viele Street
Background and Analysis:
The Capital Improvement Plan for Fiscal Year 2011 -2012 identified several neighborhoods and
streets which will be repaired and rehabilitated this year.The embankment on the east side of
Viele over the creek is showing signs of serious compromise resulting in severe alligatoring and
cracks in the pavement. Proposals were requested from four qualified contractors to repair and
rehabilitate this area. Four proposals were received which are attached and summarized below:
Weaver Grading Inc. - $202,226.40
Kad Paving Company - $229,680.00
Jeremy Harris Construction- $318,848.00
Advantage Asphalt- $353,584.00
Fiscal Impact:
The proposed project will not impact the General Fund. This project will be funded by
Transportation Funds.
Recommendation:
Staff recommends AWARD of an Agreement and Task Order with Weaver Grading,
APPROVAL of the Project Progress Report, AUTHORIZATION of the Mayor to execute the
Agreement, Task Order and Project Progress Report subject to the authority of the City Attorney
to make non- substantive changes.
CITY OF BEAUMONT
PROJECT PROGRESS REPORT
Transportation Funds
Source of
Funds:
Contract September 6, 2011
Date:
Const. Budget: $202,226.40
A &E Budget: As per Qualified Contractors
Project Name: Repair on Viele Street
Contractors: Weaver Grading Inc.
Project Start Date: August 2011
Report Period: September 2011
Work Completed During Report Period:
Request for proposals were sent and proposals were evaluated .
Problems or Delays During Report Period:
9 N delays
Change Orders:
• No Change Orders
Recommendation(s) for City Council Action:
Approve and execute Agreement and Task Order No.
Approved and authorized by:
Mayor Signature Date of City Council Approval
Veille Agra slope repair
120 Ft north of California to 650 Ft north of California
Items
1 Mobilisation
2 Clear and Grub
3 Traffic Control
4 Remove and replace Citv side walk Per ON STD
IVEAVEK GJRAVj1gG INCA
PO 13OX 67
13EAUMONT, CA 92223
QTY Units Unit price Total
1 LS &M)Q Xltm r
1 LS GU»°
1 LS l C9 0)
2000 SF DO lr__ Vi1--
5
Import mtaterfals
1000
1
CY
1,2 7.20
14
6
lExcavation
3200 1
CY
I /
tDa
7 Grind .10' header cut 480 LF 10.11 8k. ,?
8 Cap Pave .10' 22000 SF g &
9 Hydro seed 17600 SF , 0� 2
10 Stripe back -In kind 1 LS -i AS� 3 8�.�'D_,` ;?
11
Raise manhole to finish grade per city STD
2
EA
r %�
14
12
iRepair existing 12 CMP down drain as directed by the City
I 1
LS
1S
Remove and relace 8" mountable AC Dyke Per City STD
13
Remove and ie lace concrete RIERaE
200
LF
r %�
14
Install AC over side drains as directed b the City
2
EA
1S
Remove and relace 8" mountable AC Dyke Per City STD
Sao
LF
16
Remove AC in damaged areas Pave bacic.5' ,2 lifts
4000
SF .
17
IR&R unsuitable material and compact to 95% in roadway
500
CY
;i r
18
Class Il Base placed and compacted to 95%
160
CY
I 4*7r,20
Prevailing wages Job, Contractor must view site. All materials be come property of the contactor and
hauled out of City right way. Traffic control plan must be submitted.
Guard rail may be removed and replaced to matte work more excisable at contractor cost.
4'X 4' deep key way at bottom toe of fill, Fill slope 6' out Into slope, adding 2' to 4' of fill on
out side slope. Compacted to 90 % plus. 15 working days to complete from start date.
City wail provide Engineering and soil testing.
Sub grade must be process and compacted 12" to 95% .
KAD PAVING COMPANY DBA KAD
ENGINEERING
12173 10TH STREET
YUCAIPA, CA 92399 Phone: (909) 790 -3366
Cell #: (909)721 -1020
GEN. CONTRACTORS" A" LIC # 93784S & C -12 Fax: (909) 790 -3369
PROPOSAL SUBMITTED TO:
CITY OF BEAUMONT
PHONE: FAX:
CONTRACT /PROPOSAL
WORK TO BE PERFORMED A T.•
VEILLE AVE SLOPE REPAIR
ATT: ROB OWEN Date : 08/19/2011
KAD Paving Company will provide all materials, perform all labor, and supply all equipment for the completion of the project(s)
specified below. KAD Pavinq Company guarantees the usage of all materials specified within the contents of this contract/Dr000sal.
ITEM #
DESCRIPTION
QTY
UNIT PRICE
TOTAL
1
MOBILIZATION
1LS
$3,500.00
$3,500.00
2
CLEAR AND GRUB
1 LS
$8,000.00
$8,000.00
3
TRAFFIC CONTROL
1 LS
$3,000.00
$3,000.00
4
REMOVE AND REPLACE CITY SIDEWALK PER CITY STD
2,000 SF
$4.00
$8,000.00
5
IMPORT MATERIAL
1,000 CY
$22.50
$22,500.00
6
EXCAVATION
3,200 CY
$2,800.00
$89,600.00
7
GRIND.10' HEADER CUT
480LF
$5.00
$2,400.00
8
CAP PAVE. 10'
22,000 SF
$1.05
$23,100.00
9
HYDRO SEED
17,600 SF
$0.25
$4,400.00
10
STRIPE BACK IN KIND
1LS
$2,400.00
$2,400.00
11
RAISE MAN HOLE TO FINISH GRADE PER THE CITY STD
2 EA
$500.00
$1,000.00
12
REPAIR EXISTING 12 CMP DOWN DRAIN AS DIRECTED BY THE CITY
1LS
$5,800.00
$5,800.00
13
REMOVE AND REPLACE CONRETE RIP RAP
200 LF
$75.00
$15,000.00
14
INSTALL AC OVERSIDE DRAINS AS DIRECTED BY THE CITY
2 EA
$1,000.00
$2,000.00
15
REMOVE AND REPLACE 8" MOUNTABLE AC DYKE PER CITY STD
500 LF
$10.00
$5,000.00
16
REMOVE AC IN DAMEGED AREAS PAVE BACK .54', 2 LIFTS
4,000 SF
$4.75
$19,000.00
17
R & R UNSUITABLE AMTERIAL AND COMPACT TO 95% IN ROADWAY
500 CY
$18.00
$9,000.00
18
CLASS II BASE PLACE AN COMPACTED TO 95%
160 CY
$28.00
$4,480.00
TOTAL
$229,680.00
NOTE: AT A PREVAILING WAGE RATE
EXCLUSIONS: BONDS,FEES,TRAFFIC CONTROL, ASSESSMENTS, PERMITS ,SURVEY,ENGINEERING,HAZARDOUS
MA I tK1AL HANULINCi Ul' AN Y KIN U,KLMUVUKEFLAC UKELUC;A I E IN I ERl 'RING U I ILIES, WATER ER SOURCE.
Acceptance of Proposal
The above work to be performed in accordance with drawings and the specifications submitted for
The above work and complete in a workmanlike manner for the sum of: TWO HUNDRED TWENTY NINE
THOUSAND SIX HUNDRED EIGHT DOLARS AND NO CENTS
With Davments to be made as follows: Unon Comoletion
Any alteration or deviation from the specifications provided herein, will be executed only upon written orders, and will become an additional charge over and
Above the estimate(s) provided in this document. Buyer agrees to pay all court costs and reasonable attorney's fees in the event of default or if this Contract
submitted to an attorney for enforcement purposes. Owner renders Contractor harmless and agrees to relieve Contractor of all liability for any unsatisfactory
Results in the event that the Owner shall require Contractor to lay asphalt on sub - grade, which in the opinion of the Contractor, in unsatisfactory. Contractor
is not responsible for damage to underground utilities or lines unless such utilities or lines have been properly staked in advance of operations. Damage cau:
by others to seal -coat, striping and surrounding area after back -fill seal -coat has been applied is the sole responsibility of Owner and Owner accepts full liabili'
for such damage. Contractor is not responsible for back -fill, compaction of back -fill installed by others, reflective cracking on surface areas, and pre- existing
engineering in respect to drainage. Owner accepts full liability for the aforementioned. All engineering, testing, inspection, and permit fees have been exclude
from the contents of this contract and shall be deemed as collateral to contents of this Contract. This proposal shall expire in 60 days.. Payment is due at
completion of work. Interest will accrue @ 10% plus costs daily after 30 days*****. Material costs are only valid for 30 days from date of this proposal .
Upon acceptance of bid, please complete the following information (per section 3097 California Civil Code Procedure). Sign and return one copy.
Owner:
Address:
Construction Lender:
Address:
General Contractor:
Address:
Signature:
Submitted By: Donnie Wheeler Jr.
By: Donnie Wheeler Jr.
19- Aug -11
Original Copy Office
12189 7th Street, Suite #14
Yucaipa, CA 92399
9091234 -8264 Office
9511789 -0089 Fax
TO: ROB OWEN
CITY OF BEAUMONT
Proposal 3941
Project:
VEILLE AVE SLOPE REPAIR
120 FT NORTH OF CALIFORNIA TO
650 FT NORTH OF CALIFORNIA
ITEM n
DESCRIPTION
QTY
UNIT PRICE
TOTAL
1
MOBILIZATION
t
$8,000.
$8,000.
2
CLEAR AND GRUB
1 LS
$13,000.
$13,000.
3
1 LS
$7,000.01
$7,000.
4
REMOVE AND REPLACE CITY SIDEWALK PER CITY STD
2,000 SF
$5.21
$10,400.
5
IMPORT FIATERIAL
1,000 CY
538.
$38,000.
6
EXCAVATION
3,200
$39.01
$124,800.
7
GRIND.1o, HEADER CUT
480
$12.001
$5,7607
S
CAP PAVE.io,
22,000 SF
$1.5
$33,000.00
9
17,600
$0.3
$6,688.00
10
STRIPE BACK IN KIND
$3,200.01
$3,200.00
11
RAISE MAN HOLE TO FINISH GRADE PER THE CITY STD
z EA
$600.01
$1,200.00
12
REPAIR EXISTING 12 CMP DOWN DRAIN AS DIRECTED BY
THE CITY
1
$8,250.
$8,250.00
13
REMOVE AND REPLACE CONRETE RIP RAP
200 LF
$110.01
$22,000.
14
2 EA
$600.
$1,200.
15
REMOVE AND REPLACE 8" MOUNTABLE AC DYKE PER
STD
500 LF
$9.5
$4,750.
16
.54', (2 )
4,000
$4.5
$18,000.
17
R & R UNSUITABLE AMTERIAL AND CZ5MPACT TO 95% IN
ROADWAY
500 CY
$16.00
$8,000.
18
CLASS 11 BASE PLACE AN COMPACTED TO 95%
160 CY
$35.00
$5,600.
TOTA
$318,848.00
PROPOSAL #6399
ADVANTAGE ASPHALT DATE:08/19/2011
29 -150 DESERT MOON DR.
THOUSAND PALMS, CA 92276
PHONE: 760-344-0932
FAX: 760 -343 -1171
CONTILA,CTORS LIC# 758595
.ITT: CITl- OF BEAU'MONT
RE: ATILLE AVE SLOPE
REPAIR
Rev. 09/05
AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR
(Project Name:Repair on Viele Street)
THIS AGREEMENT is made and effective as of the 6th day of September, 2011, by and
between the CITY OF BEAUMONT ( "OWNER ") whose address is 550 E. 60, Street, Beaumont,
California 92223 and Weaver Grading Inc. whose address is P.O. Box 67, Beaumont, CA 92223
, telephone (909) 578 8029, Fed. Tax Id. No. 33- 0611596 ( "CONTRACTOR ").
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and
intentions of the parties to this Agreement:
A. OWNER desires to engage the services of CONTRACTOR to perform such
services as may be assigned, from time to time, by OWNER in writing for the purpose of Street
Repair and Pavement Rehabilitation.
B. The specific services to be performed by CONTRACTOR shall be described in
one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this
Agreement.
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance
with, the terms and conditions of this Agreement, and has represented and warrants to OWNER
that CONTRACTOR possesses the necessary skills, qualifications, personnel and equipment to
provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants
contained herein, OWNER and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written
and shall continue until end January 2012 , unless extended or sooner terminated as provided for
herein.
2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide
such services as may be assigned, from time to time, in writing by the City Council of OWNER.
Each such assignment shall be made in the form of a written Task Order. Each such Task Order
shall include, but shall not be limited to, a description of the nature and scope of the services to
be performed by CONTRACTOR, the amount of compensation to be paid, and the expected time
of completion.
Page 1 of 10
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 each such assignment; provided,
however, that CONTRACTOR shall not subcontract any of the work to be performed without the
prior written consent of OWNER.
4. Compensation.
4.01 In consideration for the services to be performed by CONTRACTOR,
OWNER agrees to pay CONTRACTOR as provided for in each Task Order.
4.02 Each Task Order shall specify a total not -to- exceed sum of money and
shall be based upon CONTRACTOR's schedule of regular hourly rates customarily
charged by CONTRACTOR to its clients.
4.03 OWNER may reimburse CONTRACTOR for reasonable and necessary
expenses incurred by CONTRACTOR in the performance of services for OWNER.
Reimbursement shall be according to a schedule of reimbursable expenses included in
each Task Order.
4.04 CONTRACTOR shall not be compensated for any services rendered nor
reimbursed for any expenses incurred in excess of those authorized in any Task Order
unless approved in advance by the City Council of OWNER, in writing.
4.05 Unless otherwise provided for in any Task Order issued pursuant to this
Agreement, CONTRACTOR agrees that payment of compensation earned shall be made
in monthly installments within 30 business days after receipt of a detailed, corrected,
written invoice describing in reasonable detail, to the extent applicable, the services
performed, the time spent performing such services, the hourly rate charged therefor, the
identity of individuals performing such services for the benefit of OWNER, and materials
consumed or used. Such invoice shall also include a detailed itemization of authorized
expenses incurred.
5. Oblimations of Contractor.
5.01 CONTRACTOR agrees to perform all assigned services in accordance
with the terms and conditions of this Agreement and those specified in each Task Order.
5.02 Except as otherwise provided for in each Task Order, CONTRACTOR
will supply all personnel, materials and equipment required to perform the assigned
services.
5.03 CONTRACTOR shall keep OWNER informed as to the progress of the
work assigned hereunder, by means of regular and frequent consultations. From
time -to -time, when requested by the OWNER, CONTRACTOR shall prepare written
status reports.
Page 2 of 10
5.04 CONTRACTOR hereby agrees to be solely responsible for the health and
safety of its employees and agents in performing the services assigned by OWNER.
Therefore, CONTRACTOR hereby covenants and agrees to:
a. Obtain a comprehensive general liability insurance policy in an
amount of not less than $ 2 million per occurrence for all coverage naming
OWNER as an additional insured;
b. Optional Insurance Coverage: Choose and check one:
Required _/Not Required _x_; Obtain a policy of errors and omissions
insurance in a minimum amount of $ per occurrence to
cover any negligent acts or omissions committed by CONTRACTOR, its
employees and/or agents in the performance of any services for OWNER;
C. Comply with all applicable local (including OWNER's), state and
federal laws, rules and regulations regarding, by way of example and not by
limitation, nondiscrimination and payment of wages;
d. Provide worker's compensation insurance for CONTRACTOR's
employees and agents with limits as prescribed by law and custom.
CONTRACTOR waives all rights of subrogation against OWNER. Evidence of
all insurance coverage shall be provided to OWNER prior to issuance of the first Task
Order. Such policies shall be issued by a highly rated insurer (minimum Best's Ins. Guide
rating of "A:VII ") licensed to do business in California, and shall provide that they shall
not be cancelled or amended without 30 days' prior written notice to OWNER. Self -
insurance does not comply with these insurance specifications. CONTRACTOR
acknowledges and agrees that all such insurance is in addition to CONTRACTOR's
obligation to fully indemnify and hold OWNER completely free and harmless from and
against any and all claims arising out of any, loss, injury or damage to property or persons
caused by the negligent acts or omissions of CONTRACTOR in performing services
assigned by OWNER.
5.05 CONTRACTOR and OWNER agree that OWNER, 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. 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 OWNER. CONTRACTOR acknowledges that OWNER would
not enter into this Agreement in the absence of the commitment of CONTRACTOR to
indemnify and protect OWNER as set forth here.
Page 3 of 10
5.05.1 To the full extent permitted by law, CONTRACTOR shall defend,
indemnify and hold harmless OWNER, its employees, agents and officials, from
any liability, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, actual attorneys' fees incurred by owner,
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 OWNER. All obligations under this provision are to be paid
by CONTRACTOR as they are incurred by OWNER.
5.05.2 Without affecting the rights of OWNER under any provision of
this Agreement or this Section, CONTRACTOR shall not be required to
indemnify and hold harmless OWNER as set forth above for liability attributable
to the sole fault of OWNER, provided such sole fault is determined by agreement
between the parties or the findings of a court of competent jurisdiction. This
exception will apply only in instances where OWNER is shown to have been
solely at fault and not in instances where CONTRACTOR is solely or partially at
fault or in instances where OWNER's fault accounts for only a percentage of the
liability involved. In those instances, the obligation of CONTRACTOR will be
all- inclusive and OWNER will be indemnified for all liability incurred, even
though a percentage of liability is attributable to conduct of OWNER.
CONTRACTOR acknowledges that its obligation pursuant to this Section extends
to liability attributable to OWNER, if that liability is less than the sole fault of
OWNER. CONTRACTOR has no obligation under this Agreement for liability
proven in a court of competent jurisdiction or by written agreement between the
parties to be the sole fault of OWNER.
5.06 In the event that OWNER requests that specific employees or agents of
CONTRACTOR supervise or otherwise perform the services specified in each Task
Order, CONTRACTOR shall ensure that such individual (or individuals) shall be
appointed and assigned the responsibility of performing the services.
5.07 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.
Page 4 of 10
5.08 CONTRACTOR shall be solely responsible for obtaining all permits,
licenses and approvals necessary or applicable to the performance of services under this
Agreement, unless otherwise expressly provided for in any Task Order issued pursuant to
this Agreement. In the event OWNER 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.
5.09 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.
5.10 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.
5.11 Drug and Alcohol Testing Policy. The CONTRACTOR agrees to
establish an anti -drug use and alcohol misuse program consistent with the requirements of
this Section. The CONTRACTOR's anti -drug use and alcohol misuse program shall
include the following:
a. The adoption, and enforcement, of a policy on prohibited drug use
and alcohol misuse in the workplace, including the consequences associated with
prohibited drug use and alcohol misuse. The CONTRACTOR shall disseminate
the policy statement to its employees;
b. An education and training program in which employees and their
supervisors shall receive at least 60 minutes of training on the effects and
consequences of prohibited drug use on personal health, safety, and work
environment, and on the signs and symptoms that may indicate prohibited drug
use and alcohol misuse. In addition, supervisors shall receive an additional 60
minutes of training on the physical, behavioral and performance indicators of
probable drug use and alcohol misuse;
C. A testing program which meets the requirements of Section 3
below; and
d. Procedures for referring an employee who has a verified positive
drug test result or an alcohol concentration of 0.04 or greater to a substance abuse
professional.
Page 5 of 10
5.12 Drug and Alcohol Testing.
a. Drug Testing_ The CONTRACTOR shall establish a program that
provides testing for prohibited drugs in the following circumstances: pre-
employment, post - accident, reasonable suspicion, random and return to
duty /follow -up. When administering a drug test, the CONTRACTOR agrees to
ensure that the following drugs are tested for: marijuana, cocaine, opiates,
amphetamines, and phencyclidine.
b. Alcohol Testing: The CONTRACTOR shall establish a program
that provides for testing of alcohol in the following circumstances: post- accident,
reasonable suspicion, random and return to duty /follow -up. The CONTRACTOR
shall prohibit an employee, while having an alcohol concentration of 0.04 or
greater, from performing or continuing to perform a safety - sensitive function.
5.13 Background Investigations. CONTRACTOR acknowledges that certain of
CONTRACTOR's employees perform services that have the potential for endangering
the health and safety of members of the general public, and have unrestricted access to
sensitive OWNER operations and facilities which, if improperly operated or maintained,
could result in personal injury or death to themselves, co- workers and the public.
Therefore, the CONTRACTOR hereby agrees, at its sole cost and expense, to develop
and implement an employee security system and program that includes, but is not limited
to, the following:
a. A personal history statement;
b. Reference checks;
C. Photographs;
d. Fingerprinting;
e. Background investigation, including information from the
California Department of Justice and the Department of Motor Vehicles.
6. Obligations of Owner.
6.01 OWNER shall do the following in a manner so as not to unreasonably
hinder the performance of services by CONTRACTOR:
a. Provide information, requirements and criteria regarding
OWNER's project;
b. Furnish all existing studies, reports and other available data and
items pertinent to each Task Order that are in OWNER's possession;
Page 6 of 10
C. Designate a person to act as a liaison between CONTRACTOR and
the City Council of OWNER.
7. Additional Services, Changes and Deletions.
7.01 During the term of this Agreement, the City Council of OWNER may,
from time to time, and without affecting the validity of this Agreement or any Task Order
issued thereunder, order changes, deletions and additional services by the issuance of
written change orders authorized and approved by the City Council of OWNER.
7.02 In the event CONTRACTOR performs additional or different services
than those described in any Task Order or authorized change order without the prior
written approval of the City Council of OWNER, CONTRACTOR shall not be
compensated for such services.
7.03 CONTRACTOR shall promptly advise OWNER 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 to be provided pursuant to this
Agreement. All proposed changes, modifications, deletions and/or requests for additional
services shall be reduced to writing for review and approval by the City Council of
OWNER.
7.04 In the event that OWNER orders services deleted or reduced,
compensation shall likewise be deleted or reduced by a fair and reasonable amount and
CONTRACTOR shall only be compensated for services actually performed. In the event
additional services are properly authorized, payment for the same shall be made as
provided in Section 4 above.
8. Termination of Agreement.
8.01 In the event the time specified for completion of an assigned task in a Task
Order exceeds the term of this Agreement, the term of this Agreement shall be
automatically extended for such additional time as is necessary to complete such Task
Order, and thereupon this Agreement shall automatically terminate without further notice.
8.02 Notwithstanding any other provision of this Agreement, OWNER, at its
sole option, may terminate this Agreement at any time by giving 10 days' written notice to
CONTRACTOR, whether or not a Task Order has been issued to CONTRACTOR.
8.03 In the event of termination, the payment of monies due CONTRACTOR
for work performed prior to the effective date of such termination shall be paid within 45
business days after receipt of an invoice as provided in this Agreement. Upon payment
for such services, CONTRACTOR agrees to promptly provide and deliver to OWNER all
original documents, reports, studies, plans, specifications and the like which are in the
possession or control of CONTRACTOR and pertain to OWNER.
Page 7 of 10
9. Status of Contractor.
9.01 CONTRACTOR shall perform the services assigned by OWNER in
CONTRACTOR's own way as an independent contractor, and in pursuit of
CONTRACTOR's independent calling, and not as an employee of OWNER.
CONTRACTOR shall be under the control of OWNER only as to the result to be
accomplished and the personnel assigned to perform services. However,
CONTRACTOR shall regularly confer with OWNER's City Council as provided for in
this Agreement.
9.02 CONTRACTOR hereby specifically represents and warrants to OWNER
that the services to be rendered pursuant to this Agreement shall be performed in
accordance with the standards customarily applicable to an experienced and competent
professional rendering the same or similar services. 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.
10. Ownership of Documents; Audit.
10.01 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 assigned to it by OWNER shall become the sole property of
OWNER, and CONTRACTOR shall promptly deliver all such materials to OWNER. At
the OWNER's sole discretion, CONTRACTOR may be permitted to retain original
documents, and furnish reproductions. If OWNER uses such documents for any purpose
other than for which they were prepared without CONTRACTOR's prior written
approval, OWNER hereby waives any claims against CONTRACTOR and will hold
CONTRACTOR harmless from any claim or liability for injury or loss arising from
OWNER's unauthorized use.
10.02 Subject to applicable federal and state laws, rules and regulations,
OWNER shall hold all intellectual property rights to any materials developed pursuant to
this Agreement. CONTRACTOR shall not use 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 OWNER.
10.03 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 OWNER may deem necessary, CONTRACTOR shall make available to
OWNER's agents for examination all of such records and shall permit OWNER's agents
to audit, examine and reproduce such records.
Page 8 of 10
11. Miscellaneous Provisions.
11.01 This Agreement supersedes any and all previous agreements, either oral or
written, between the parties hereto with respect to the rendering of services by
CONTRACTOR for OWNER 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.
11.02 CONTRACTOR shall not assign or otherwise transfer any rights or
interest in this Agreement without the prior written consent of OWNER. 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.
11.03 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.
11.04 If required by law, CONTRACTOR shall file Conflict of Interest
Statements with OWNER.
11.05 Any dispute which may arise by and between the OWNER and the
CONTRACTOR, including the CONTRACTOR's subcontractors, laborers, and suppliers,
shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial
Arbitration and Mediation Services, Inc./Endispute, in accordance with its construction
industry rules in effect at the time of the commencement of the arbitration proceeding,
and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three
arbitrators, unless the PARTIES agree in writing to submit the matter before a single
arbitrator. The arbitrators must decide each and every dispute in accordance with the
laws of the State of California, and all other applicable laws. The arbitrators' decision
and award are subject to judicial review for errors of fact or law in accordance with
Section 1296 of the Code of Civil Procedure, by a Superior Court of competent venue and
jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to
Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the
contrary, prior to the appointment of the arbitrators, all disputes shall first be submitted to
non - binding mediation, conducted by either the American Arbitration Association or
Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with their
respective rules and procedures for such mediation. In any arbitration or litigation arising
out of this Agreement, or the performance of any obligation under this Agreement, the
arbitrators or the court in such arbitration or litigation shall award costs and expenses of
arbitration or litigation, including mediation and arbitration fees and expenses, expert
witness fees and attorneys' fees, to the prevailing PARTY.
Page 9 of 10
IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement as
of the day and year first above - written.
OWNER:
CITY OF BEAUMONT
:1
Mayor, City Council
CONTRACTOR:
Weaver Grading Inc.
By
Print Name r1 4 r 1'1 Lv-eC �''►�
Title V C - Y f 3i' AVA
Page 10 of 10
CITY OF BEAUMONT
INDEPENDENT CONTRACTOR'S TASK ORDER
(Project Title: Repair on Viele Street)
TASK ORDER NO.: One
CONTRACTOR: Name: Weaver Grading Inc.
Address: P.O. Box 67, Beaumont, CA 92223
Telephone: (909) 578 8029
Fed. Tax Id.: 33- 0611596
THIS TASK ORDER is issued pursuant to that certain Agreement for Services by
Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and Weaver Grading
Inc. ( "CONTRACTOR ") dated September 6, 2011 (the "AGREEMENT ").
1. Task to be Performed. CONTRACTOR shall provide all labor, materials and
equipment to perform the following task (choose and check one):
See Exhibit "A ", attached hereto
Description of Task: Repair on Viele Street
2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall
begin work within 7 days of the date this Task Order is signed by the OWNER and shall complete
performance of such services by or before November 30, 2011.
3. Liaison of OWNER. Mr. /Ms. Rob Owen, Construction Manager shall serve as
liaison between OWNER and CONTRACTOR.
4. Staff Assignments. CONTRACTOR will assign the following personnel to perform
the services required by this Task Order: (Check if this Paragraph 4 Not Applicable:
Mark Weaver
Page 1 of 2
5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or
dates indicated, the following: (Check if this Paragraph 5 Not Applicable: _xx—)
6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task
Order, CONTRACTOR shall receive a total not -to- exceed lump sum of $ 202,226.40 payable as
follows:
7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph
6 above, CONTRACTOR (choose and check one:) _ shall/ _xx_shall not /be entitled to
reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be
limited to:
8. Miscellaneous Matters. The following additional matters are made a part of this
Task Order (choose and check one):
Not applicable
x_ See Exhibit "A ", attached hereto; or
Description:
below.
Dated:
IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated
CITY OF BEAUMONT
an
CONTRACTOR:
v Weaver Grading Inc.
Dated: 0 30-1 1 By
Print Name
V r epj 4
Title
Page 2 of 2
Date: September 6, 2011
To: Board of Directors, Beaumont Charitable Foundation
From: Alan Kapanicas, City Manager
Subject: Guidelines and Program Budget for Beaumont Charitable Foundation
The City has been using its charitable arm, the Beaumont Charitable Foundation, for just over
two years. The purpose of the Foundation is to host fundraisers to raise money for qualified
charities, to support events that benefit the citizens of Beaumont and to coordinate
beautification and other community enhancement opportunities in the City of Beaumont.
Staff would like to establish guidelines as it relates to charitable organizations, other public or
not - for - profit entities, residents and employees requesting funding from the Foundation and
the process for approval or denial of each request.
The guidelines also include the method for employees to request permission to raise funds for
other charities or programs that are not listed in the proposed program budget for the period
September 1, 2011 to August 31, 2012.
Staff Recommendation:
1) Approve Guidelines
2) Approve Program Budget
3) Mayor assign two Council Members to the Foundation Sub - Committee
Respectfully
C. Kapanicas, City Manager
BEAUMONT CHARITABLE FOUNDATION GUIDELINES
AS OF SEPTEMBER 6, 2011
SUB - COMMITTEE
A Foundation Sub - Committee will be formed. The Sub - Committee will consist of at least two Members
of the City Council. The remaining members of the Sub - Committee will be officially appointed by the
City Manager. The purpose of the Sub - Committee is as follows:
1) Review requests for Foundation funding and recommend approval or denial of the request to
the Foundation Board.
2) Review staff fund - raising programs and recommend approval or denial of the program to the
Foundation Board.
3) Review each approved fundraising event and make recommendations to ensure the event is
financially successful and provide assistance, as necessary, to accomplish the successful event.
REQUESTING FUNDING FROM THE FOUNDATION
Qualified charities, other public or not - for - profit entities, citizens of Beaumont or employees can
request funds from the Foundation using the following procedures:
1) Complete a Foundation application and attach any information the applicant feels will support
the application.
2) The application must be to the Sub - Committee at least two weeks prior to the Foundation Board
meeting in which the Foundation Board would consider the request.
3) If an application is ultimately approved by the Foundation Board, then the applicant must return
to a future Foundation Board meeting and report on the use of the funding.
4) An application denied by the Sub - Committee may be appealed to the Foundation Board.
REQUEST APPROVAL FOR A FUND - RAISING EVENT
Employees, residents or businesses of the City of Beaumont may request to raise funds to support
Foundation purposes. A fundraising request must use the following procedures:
1) Complete a Foundation form and submit at least two weeks prior to the Foundation Board
meeting in which the Foundation Board would consider the request.
2) Make a detailed presentation to the Sub - Committee.
3) If the program request is ultimately approved by the Foundation Board, then a presentation
must be made at a future Foundation Board meeting concerning the success of the event.
BEAUMONT CHARITABLE FOUNDATION
PROGRAM BUDGET
SEPTEMBER 1, 2011 TO AUGUST 31, 2012
Net Amount
MDA PROGRAMS:
Expected
Breezin' thru Beaumont
$
10,000
Fire Department Spaghetti Dinner
$
2,000
Swing Away for MDA
$
3,000
Pass the Boot
$
6,000
Golf Tournament
$
3,000
Boy's in Blue
$
1,000
Rummage Sale
$
2,000
Miscellaneous donations
$
3,000
Total MDA
$
30,000
Beaumont Youth Athletic League
$
1,000
Shop with a Hero
$
3,000
Adopt -a -Cop
$
3,000
Agenda Item No.
STAFF REPORT
To: Mayor and Council Members
From: City Manager
Date: September 6, 2011
Subject: Collection of the Recycled Water Facility Fee
Background and Analysis:
EXECUTIVE SUMMARY:
• First presented to City Council August 2010
• Continue "maximum benefit' obligations and waste discharge permit with RWQCB
• Constructs new water system to protect and preserve local and regional water supplies
• Ordinance Adopted June 21, 2011; Fees were to be charged starting July 21, 2011
• Fees not Collected:
• Since First reading in August 2010: $138,371.40
• From July 21, 2011 to date: $24,599.36
• Projected Loss if collection is postponed to Jan. 1, 2012: $49,000 (Estimated)
The proposed Ordinance was continued from the August 17, 2010, the September 21, 2010 and
the December 7, 2010, City Council meetings at the request of the Building Industry Association (BIA) to
allow the association, landowners, the Beaumont -Cherry Valley Water District ( BCVWD) and the San
Gorgonio Pass Water Agency to come to an agreement with respect to the sharing of obligations related
to the mitigation of salt impacts and implementation of `maximum benefit' obligations in the Beaumont
Management Zone and the San Timoteo Management Zone. City Council approved Ordinance 972 at its
first reading at the March 1, 2011 City Council meeting, but continued the item for another ninety (90)
days at its meeting on March 15, 2011. Ninety days later, at the meeting of June 21, 2011, the BIA and
the BCVWD again requested the Ordinance be continued off calendar.
Summary of Ordinance 972 Continuances:
• Continued from August 17, 2010 to Sept. 21, 2010
• Continued from Sept 21, 2010 to Dec. 7, 2010
• Continued from Dec. 7t"
• First Reading Approved on March 1St, 2011
• Continued 2 °d Reading from March 15, 2011 to June 21, 2011
• 2nd Reading June 21, 2011
In the meeting on June 21, 2011 City Council voted to approve Ordinance 972 at its second
reading, thereby establishing a recycled water facility fee to construct a new water system to protect and
preserve water supplies on a local and regional level.
Staff received letter dated July 11, 2011 from the BIA (presented at the August 16, 2011 Regular
City Council Meeting) requesting postponement of the implementation and collection of the Fee as
provided in the Ordinance until at least January 1, 2012.
In the event an agreement is reached with the stakeholders in the future, the facility fees can be
returned to the developers or redirected in accordance with any agreement in the future.
Recommendation:
Staff recommends City Council:
1. Take no action on the BIA request; or
Alan
City Manager
Direct Staff to Collect the Facility Fee and DEPOSIT such funds into an escrow account until
January 1, 2012 at which time staff will bring this issue back to the Council.
July 11, 2011
Mayor De Forge and City Council Members BIR
City of Beaumont
550 E. Sixth Street
Beaumont, CA 92223
Re: Ordinance No. 972
38911 Ith Street
Dear Mayor and Council, Riverside, California 92501
(951) 781 -7310
Fax (951) 781 -0509
On Tuesday June 21", you voted to approve the second reading of Ordinance 972, - - --
establishing a Development Impact Fee for Recycled Water Facility ( "Fee ") on new
development. For a number of reasons, I ask that you postpone the implementation and
collection of the Fee as provided in the Ordinance until at least January 1, 2012. This
request is based on the following:
A better solution to the disposition of the City's recycled water exists. The City, through
its ad hoc Council committee, has explored and discussed an alternate resolution of its
recycled water with the Beaumont Cherry Valley Water District ( "District ").
Unfortunately, these discussions, thus far, have not resulted in an agreement on the
matter. As all who have commented on this matter from the City or District agree, the
best solution of this matter would be for the District to manage the subject downstream
effluent water so that the regulatory issues facing the City are resolved and the most
beneficial use of the water resource can be achieved. An agreement Between the City and
District would generally negate the need for the Ordinance and Fee, resolve the regulatory
issues and beneficially manage the recycled water resource for the least amount of
money; much, much less than the $27,790,000 approved in the Ordinance. This benefits
all stakeholders.
The Ordinance provides for the installation of Facilities that are, for the most part,
duplicative with the District's existing recycled water facilities financed by new
development. Discussions regarding the use of these District facilities have begun
between the City's and District's ad hoc committees but have been delayed pending the
District's search for and hiring of a permanent General Manager. The implementation of
the Fee is poor public policy as it would require new development and, apparently,
existing sewer customers to pay for a duplicative system.
The District with the development community has been constructing a recycled /non-
potable water system for over a decade. Most if not all the individuals involved in District
and the City agree that the City's subject recycled water is a resource that should be put
to beneficial use in the most efficient manner. The District can use the water and has the
facilities to efficiently do so; the City has regulatory and growth needs that must be
addressed. The City and the District, working together to address their respective needs,
could achieve a solution that addresses all of these issues at the least cost to the public.
As you know, discussions between the City and the District are currently in abeyance
pending the District's hiring of a permanent General Manager. At minimum, these talks
Mayor De Forge, July 11, 2011, page 2
should have a chance to recommence and bear fruit before Ordinance 972 is
implemented.
The requested postponement creates very little risk to the City, permit activity is at an
historic low and potential revenues from the Fee from the effective date through the end
of the year are small.
In light of the foregoing, I ask that you postpone the implementation of Ordinance 972
until January 1, 2012.
As always, although we do not have the authority to solve the matter, the Building
Industry Association and I will do whatever we can to facilitate discussions to achieve a
mutually acceptable agreement between the City and the District.
Building Industry Association of Southern California
Riverside County Chapter
J
Jt
Mark Knorringa
Chief Executive Officer
C: Alan C. Kapanicas
David W. Dillon