Agenda packet — Beaumont City Council, July 19, 2022

CITY COUNCIL CLOSED & REGULAR SESSION
550 E. Sixth Street, Beaumont, CA
Tuesday, July 19, 2022
Closed Session: 5:00 PM | Regular Meeting: 6:00 PM
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours.

AGENDA

MEETING PARTICIPATION NOTICE
This meeting will be conducted utilizing teleconference communications and will be recorded for live streaming as well as open to public attendance subject to social distancing and applicable health orders. All City of Beaumont public meetings will be available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access.
beaumontca.gov/livestream
Public comments will be accepted using the following options.

1. Written comments will be accepted via email and will be read aloud during the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Comments can be submitted anytime prior to the meeting as well as during the meeting up until the end of the corresponding item. Please submit your comments to: [email protected]

2. Phone-in comments will be accepted by joining a conference line prior to the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Please use the following phone number to join the call (951) 922 - 4845.

3. In person comments subject to the adherence of the applicable health orders and social distancing requirements.

In compliance with the American Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's office using the above email or call (951) 572 - 3196.

Notification 48 hours prior to a meeting will ensure the best reasonable accommodation arrangements.
1 CLOSED SESSION - 5:00 PM
A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Authority / Beaumont Successor Agency (formerly RDA)/Beaumont Parking Authority / Beaumont Public Improvement Authority may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken prior to the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers.

CALL TO ORDER
Mayor White, Mayor Pro Tem Martinez, Council Member Fenn, Council Member Santos, Council Member Lara
Public Comments Regarding Closed Session

1. Conference with Labor Negotiators - Pursuant to Government Code Section 54957.6 City Designated Representatives Interim City Manager Elizabeth Gibbs and Administrative Services Director Kari Mendoza. Employee Organizations: SEIU

2. Public Employee Appointment/Employment Pursuant To Government Code Section 54957 Title: City Manager

3. Conference with Labor Negotiator Pursuant To Government Code Section 54957.6. Agency Designated Representative: Mayor Lloyd White Adjourn to Regular Session
REGULAR SESSION - 6:00 PM

CALL TO ORDER
Mayor White, Mayor Pro Tem Martinez, Council Member Fenn, Council Member Santos, Council Member Lara
Report out from Closed Session
Action on any Closed Session Items
Action of any Requests for Excused Absence
Pledge of Allegiance
Invocation
Adjustments to the Agenda
Conflict of Interest Disclosure

ANNOUNCEMENTS/ RECOGNITION / PROCLAMATIONS / CORRESPONDENCE

1. Parks and Recreation Month Proclamation

2. Recognition of David Valdivia Sr. and David Valdivia Jr.

PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA)
2 Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the City Council from discussing or taking actions brought up by your comments.

CONSENT CALENDAR
Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only.

3. Approval of Minutes
Recommended Action:

Approve Minutes dated June 21, 2022.

4. Ratification of Warrants
Recommended Action:

Ratify Warrants dated:

June 13, 2022
June 24, 2022

5. Authorize Mayor to Execute a Grant Deed and Lot Line Adjustment 2021 -LLA-0028 Recommended Action:

Authorize the Mayor to execute grand deed and lot line adjustment 2021-LLA- 0028.

6. Canine Inspection Services Agreement 2022/23
Recommended Action:

Approve the agreement with the Beaumont Unified School District for police canine search services.

7. Final Approval of Parcel Map No. 38090
Recommended Action:

Approve Parcel Map No. 38090 as it is in substantial conformance with the approved tentative map and accept security agreement for survey monuments.

8. Beaumont Unified School District Fingerprinting Agreement Recommended Action:

Approve the Agreement with the Beaumont Unified School District for livescan services.

9. Review of Local Emergency Declaration Established via the Adoption of City of Beaumont Resolution No. 2020-07 Adopted on March 17, 2020 Recommended Action:

Take no action and keep the existing declaration of emergency resolution in place.

10. Consideration of Re-Ratification of Local Emergency and Re-Authorizing the Use of Teleconferencing to Conduct Public Meetings
3 Recommended Action:

Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont Proclaiming a Local Emergency Persists, Re-Ratifying the Proclamation of a State of Emergency by Executive Order N-09-21, and Re- Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Beaumont for the Period of July 19, 2022, through August 16, 2022, Pursuant to Provisions of the Ralph M. Brown Act.”

PUBLIC HEARINGS
Approval of all Ordinances and Resolutions to be read by title only.

ACTION ITEMS
Approval of all Ordinances and Resolutions to be read by title only.

11. July 4, 2022, Fireworks Enforcement
Recommended Action:

Receive and file.

12. Resolution: Approving the Closing of a Purchase and Sale Agreement for Certain Land Exempt from the Surplus Land Act (APNs: Portions of 418-190-004 and 418-190-005) with Orum Capital
Recommended Action:

Waive the full reading and adopt by Title only “A Resolution of the City Council of the City of Beaumont, California, Approving the Closing of a Purchase and Sale Agreement for Certain Land Exempt from the Surplus Land Act.”

13. Resolution: Approving the Sale of Surplus Land (APNs 418-190-007, 418-140-028, 418- 140-029, and Portions of 418-190-004 and 418-190-005) with 5th Street Development, LLC
Recommended Action:

Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Approving the Sale of Surplus Land.”

14. Agreement with Union Pacific Railroad for Construction of New Signals and an Expanded Railroad Crossing on Pennsylvania Avenue in an Amount Not to Exceed $1,069,018; and Future Annual Maintenance Fees in the Amount of $21,550 Per Year Recommended Action:

Approve and sign the agreement with Union Pacific Railroad for construction of new signals and an expanded railroad crossing on Pennsylvania Avenue in an amount not to exceed $1,069,018; and future annual maintenance fees in the amount of $21,550 per year.

15. Third Amendment to the Professional Services Agreement with Kimley Horn for the Pennsylvania Avenue Widening Project, in an Amount Not to Exceed $131,615 Recommended Action:
4 Approve a third amendment to the professional services agreement with Kimley Horn for the Pennsylvania Avenue Widening Project, in an amount not to exceed $131,615.

16. Second Amendment to the Professional Services Agreement with IDC Consulting Engineers, Inc. for the Pennsylvania Grade Separation Project, in an Amount Not to Exceed $1,294,849
Recommended Action:

Approve a second amendment to the professional services agreement with IDC Consulting Engineers, Inc. for the Pennsylvania Avenue Grade Separation Project, in an amount not to exceed $1,294,849.

17. Approval of Agreement with Intrensic, LLC for Body Worn Camera Services and Upgrade
Recommended Action:

Approve the four-year agreement between the City of Beaumont and Intrensic, LLC for Body Worn Camera Services and Upgrade in the total amount of $170,813.45.

18. Approve the Purchase of Hon Accelerate Workstations in the Amount Not to Exceed $169,683.29 from Bluespace Interiors and Authorize the City Manager to Sign Change Orders in the Amount of $8,485 for a Total Amount Not to Exceed $178,168.29 Recommended Action:

Approve the purchase of Hon Accelerate workstations in the amount not to exceed $169,683.29 from Bluespace Interiors and authorize the City Manager to sign change orders in the amount of $8,485 for a total amount not to exceed $178,168.29.

19. Approve a Purchase Order in the Amount Not to Exceed $45,860 for M. Brey Electric, Inc. dba MBE Construction for Electrical Maintenance at Stewart Park and Ratify a Maintenance Agreement to M. Brey Electric, Inc. dba MBE Construction in the amount of $45,860
Recommended Action:

Approve a Purchase Order for an amount not to exceed $45,860 for M. Brey Electric, Inc. dba MBE Construction for electrical maintenance at Stewart Park and approve the ratification of a Maintenance Services Agreement for a total amount of $45,860 for electrical maintenance at Stewart Park.

20. Approval of City Attorney Invoices for the Month of June 2022 Recommended Action:

Approve invoices in the amount of $81,355.64.

LEGISLATIVE UPDATES AND DISCUSSION

ECONOMIC DEVELOPMENT UPDATE
Economic Development Committee Report Out and City Council Direction 5 CITY TREASURER REPORT
Finance and Audit Committee Report Out and City Council Direction

CITY CLERK REPORT

CITY ATTORNEY REPORT

CITY MANAGER REPORT

21. Transportation Projects at a Glance

22. Department Project Schedule Updates - June 2022

FUTURE AGENDA ITEMS

COUNCIL REPORTS
- Lara
- Santos
- Fenn
- Martinez
- White

ADJOURNMENT
The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday, August 2, 2022, at 5:00 p.m., unless otherwise posted.
6 Proclamation
National Parks and Recreation Month
WHEREAS, parks and recreation is an integral part of communities throughout this country, including the City of Beaumont; and

WHEREAS, parks and recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and

WHEREAS, parks and recreation promotes time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer’s; and

WHEREAS, parks and recreation encourages physical activities by providing space for popular sports, hiking trails and many other activities designed to promote active lifestyles; and

WHEREAS, park and recreation programming and education activities are critical to childhood development; and

WHEREAS, parks and recreation increases a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and

WHEREAS, parks and recreation is fundamental to the environmental well-being of our community; and

WHEREAS, parks and recreation is essential and adaptable infrastructure that makes our communities resilient in the face of natural disasters and climate change; and

WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and

WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and

WHEREAS, Beaumont recognizes the benefits derived from parks and recreation resources.

NOW, THEREFORE BE IT PROCLAIMED, THAT JULY IS RECOGNIZED AS PARK AND RECREATION MONTH IN THE CITY OF BEAUMONT.

ATTEST:
____________________________________ ___________________________________ Mayor Deputy City Clerk
7 Item 1.

CITY COUNCIL CLOSED & REGULAR SESSION
550 E. Sixth Street, Beaumont, CA
Tuesday, June 21, 2022
Closed Session: 5:00 PM | Regular Meeting: 6:00 PM
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours

MINUTES
CLOSED SESSION - 5:00 PM
CALL TO ORDER at 5:00 p.m.

Present: Mayor White, Mayor Pro Tem Martinez, Council Member Fenn, Council Member Santos, Council Member Lara
Public Comments Regarding Closed Session
None

1. Conference with Legal Counsel Regarding Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2) and/or (3): Two Claims: (i) Rocio Esmerelda Sandoval; and (ii) United Financial Casualty Company A/S/O Emmanuel Sandoval Motion to deny both claims
Motion by Mayor White
Second by Fenn
Approved by a unanimous vote.

2. Conference with Labor Negotiators - Pursuant to Government Code Section 54957.6 City Designated Representatives Interim City Manager Elizabeth Gibbs and Administrative Services Director Kari Mendoza. Employee Organizations: SEIU No reportable action.

Adjourn to Regular Session

8 Item 3.

REGULAR SESSION - 6:00 PM
CALL TO ORDER at 6:02 p.m.

Present: Mayor White, Mayor Pro Tem Martinez, Council Member Fenn, Council Member Santos, Council Member Lara
Report out from Closed Session: see above
Action on any Closed Session Items: see above
Action of any Requests for Excused Absence: None
Pledge of Allegiance
Adjustments to the Agenda: None
Conflict of Interest Disclosure – Mayor White – Item 20

ANNOUNCEMENTS/ RECOGNITION / PROCLAMATIONS / CORRESPONDENCE

1. Southern California Edison Scholarship Presentation

2. LifeStream Blood Bank Presentation

PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA)

Renee Boyd - Thanked the City for assisting with a flag installation at Liberty Village and the Chief of Police for the appearance at an upcoming town hall meeting.

Robert Boyd - Thanked the City in helping to address their concerns.

A. Worthen - Announced an upcoming Veterans Expo.

3. Discussion and Direction Regarding Draft Letter to the California Public Utilities Commission (CPUC) and the Federal Railroad Administration (FRA) Requesting an Investigation into the Union Pacific Railroad Incident on June 15, 2022
Public Comment:

M. Simon - Feels that Union Pacific needs to take full responsibility for the road blockage.

S. Gross - Expressed concerns of safety during the road blockage by the train.

Maleah - Expressed concerns with the train blockage incident and asked questions of current infrastructure projects.

M. Bailey - Representing Congressman Ruiz's Office, read a memo regarding concerns of the train incident on June 15, 2022, and reported that letters have been send from his office to Union Pacific.

Direction by City Council to direct staff to send the letters as written and addressed and asked staff to reach out to other local agencies to join the effort of sending letters of concern as well.

9 Item 3.

4. Approval of Minutes
Recommended Action:

Approve Minutes dated June 7, 2022.

5. Ratification of Warrants
Recommended Action:

Ratify Warrants dated:

May 26, 2022
June 6, 2022

6. FY2022 General Fund and Wastewater Budget to Actual through May 2022 Recommended Action:

Receive and file report.

7. Consideration of Re-Ratification of Local Emergency and Re-Authorizing the Use of Teleconferencing to Conduct Public Meetings
Recommended Action:

Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont Proclaiming a Local Emergency Persists, Re-Ratifying the Proclamation of a State of Emergency by Executive Order N-09-21, and Re-Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Beaumont for the Period of June 21, 2022, through July 19, 2022, Pursuant to Provisions of the Ralph M. Brown Act.”

8. Approval of the Second Amendment to the Professional Services Agreement with NV5 for Public Works Inspection, Plan Checking, and Surveying
Recommended Action:

Approval of the second amendment to the Professional Services Agreement with NV5 for public works inspection, plan checking, and surveying; and,
Authorize the Mayor to execute the amendment on behalf of the City.

9. 2021 General Plan Annual Progress Report
Recommended Action:
10 Item 3.

Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, Approving the 2021 General Plan Annual Progress Report.”

10. Resolution Calling and Giving Notice of a General Municipal Election to be Held on November 8, 2022
Recommended Action:

Waive the full reading and approve by title only, “A Resolution of the City Council of the City of Beaumont California, Calling and Giving Notice of the Holding of a General Municipal Election to be Held in the City on November 8, 2022, for the Election of Certain Officers of the City as Required by the Provisions of the Laws of the State of California Relating to General Law Cities and Requesting the Registrar of Voters of the County of Riverside to Conduct Said Election.”

11. Reject All Bids for Capital Improvement Project 2017-028 Westside Fire Station Recommended Action:

Reject all bids for CIP 2017-028 Westside Fire Station and authorize City staff to readvertise for construction bids.

Motion by Council Member Lara
Second by Council Member Fenn
To approved the Consent Calendar.

Approved by a unanimous vote.

PUBLIC HEARINGS
Approval of all Ordinances and Resolutions to be read by title only.

12. Fiscal Year 2022-23 Approval of Gann Limit, City-Wide Budget and Five-Year Capital Improvement Plan for Fiscal Years 2023-2027
Public Hearing opened at 7:09 p.m.

No comments
Public Hearing closed at 7:10 p.m.

Motion by Council Member Fenn
Second by Mayor Pro Tem Martinez
To waive the full reading and adopt by title only, “Resolution of the City Council of the City of Beaumont, Approving the Appropriation Limit for the 2022-23 Fiscal Year,” Waive the full reading and adopt by title only, “Resolution of the City Council of the City of Beaumont, California, Adopting an Operating Budget of Expenditures for the Period 11 Item 3.

of July 1, 2022 to June 30, 2023,” and
Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont Adopting a Five-Year Capital Improvement Plan for Fiscal Years 2022/2023-2026/2027 and Related Prior Year CIP Project List.” Approved by a unanimous vote.

MEETING OF THE BEAUMONT SUCCESSOR AGENCY

Call to Order at 7:12 p.m.

13. Resolution: To Request Formal Dissolution of the Beaumont Successor Agency from the Oversight Board
Motion by Chairman White
Second Member Fenn
To waive the full reading and adopt by title only, “A Resolution to Request Formal Dissolution of the Successor Agency from the Oversight Board;” and Adjourn the meeting of the Beaumont Successor Agency and reconvene the meeting of the Beaumont City Council.

Approved by a unanimous vote.

ACTION ITEMS
Approval of all Ordinances and Resolutions to be read by title only.

14. Cost Allocation Plans
Motion by Mayor White
Second by Council Member Lara
To review and approve both cost allocation plans.

Approved by a unanimous vote.

15. Approve Business Associate Agreement with Keenan and Associates and the Joint Powers Agreement with the Fire Districts Association of California Employment Benefits Authority Motion by Council Member Lara
Second by Council Member Santos
To authorize the Mayor to sign the Business Associate Agreement with Keenan and Associate and authorize the Mayor to sign the First Amended Joint Powers Agreement of Fire Districts Association of California Employment Benefits Authority.

Approved by a unanimous vote.
12 Item 3.

16. Approve a Five-Year Subscription to Swiftly, a Real-Time General Transit Feed Specification Platform, in an Amount Not to Exceed $249,200
Motion by Council Member Lara
Second by Mayor White
To approve the purchase of a five-year subscription to Swiftly in an amount not to exceed $249,200 as part of FY23 RCTC STA project No. 23-05 and authorize the Mayor to sign the order form.

Approved by a unanimous vote.

17. Memorandum of Understanding with the City of Banning for the Free Fare Promotion Motion by Council Member Lara
Second by Mayor Pro Tem Martinez
To approve memorandum of understanding between City of Beaumont and City of Banning for the administering of the LCTOP Free Fare Promotion Grant.

Approved by a unanimous vote.

18. FY2022-2023 Pre-Approval of Vehicles and Equipment
Council Member Fenn recused himself for any potential conflict of interest.

Motion by Mayor Pro Tem Martinez
Second by Council Member Lara
To pre-approve the purchase of vehicles and equipment within the FY2022 -2023 budget authority.

Recused: Council Member Fenn
Approved by a 4-0 vote.

19. Approval of FY2023 Requisitions Greater than $25,000 in Accordance with City of Beaumont Purchasing Ordinance
Motion by Mayor Pro Tem Martinez
Second by Council Member Lara
To approve the listed requisitions for vendors to receive payment over $25,000 with the amount specified in Attachment A of this report.

Approved by a unanimous vote.

13 Item 3.

20. Approve the Small Municipal and County Government Enterprise Agreement with Environmental Systems Research Institute Inc.

Mayor White recused himself on this item due to a conflict of interest of the vendor being his employer.

Motion by Council Member Lara
Second by Council Member Santos
To authorize the Mayor Pro-Tempore to sign the Small Enterprise Agreement County and Municipal Government.

Recused: Mayor White
Approved by a 4-0 vote.

21. Approval of City Attorney Invoices for the Month of April 2022 City Attorney John Pinkney recused on this item.

Motion by Mayor White
Second by Council Member Lara
To approve invoices in the amount of $135,442.80.

Approved by a unanimous vote.

LEGISLATIVE UPDATES AND DISCUSSION

22. Consideration of Letters of Opposition to Assembly Bills: AB1778 (Garcia), AB2438 (Friedman), AB2237 (Friedman)
Motion by Council Member Fenn
Second by Council Member Lara
To approve these letters of opposition and direct staff to send out accordingly.

Approved by a unanimous vote.

ECONOMIC DEVELOPMENT UPDATE
Report out from the last meeting, no meeting for July.

CITY TREASURER REPORT
Finance and Audit Committee report out and concerns of recent lack of quorum.

CITY CLERK REPORT
Gave a report out of current projects within the City Clerk's office. Reminder of an upcoming FPPC webinar hosted by the CIty to cover candidate and treasurer campaign forms with a question and answer session.
14 Item 3.

CITY ATTORNEY REPORT
Gave an update of current litigation.

CITY MANAGER REPORT

23. Project Updates - May 2022

FUTURE AGENDA ITEMS
None

COUNCIL REPORTS
- Lara - No report.
- Santos - Attended the LEAC event.
- Fenn - Gave a report out from the Land Use Mitigation Committee. - Martinez - No report.
- White - Attended the Big Lots ribbon cutting.

ADJOURNMENT at 8:44 p.m.

The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tu esday, July 19, 2022, at 5:00 p.m., unless otherwise posted.

Beaumont City Hall – Online www.BeaumontCa.gov
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Staff Report

TO: City Council
FROM: Jeff Hart, Public Works Director
DATE July 19, 2022
SUBJECT: Authorize Mayor to Execute a Grant Deed and Lot Line Adjustment 2021-LLA-0028

Background and Analysis:

On August 3, 2021, City Council approved an agreement between the City of Beaumont and Orum Capital which included the sale of a portion of City owned property located on East Fourth Street, site of the former Denny’s property (see Figure 1). As part of that agreement, the costs to survey and map the property were to be split between the buyer and the City. The aforementioned grant deed and lot line adjustment are the deliverables for this effort.

The grant deed and lot line adjustment 2021-LLA-0028 were prepared consequent to that agreement. 2021-LLA-0028 adjusts City-owned parcels 418-190-004 and 418-190- 005 to allow the conveyance of parcel ‘A’ to Orum Capital, as shown in Figure 2.

Figure 1- Vicinity Map
64 Item 5.

Figure 2 - Adjusted City Parcels
Fiscal Impact:

The cost to prepare the staff report is estimated to be $350. The cost to prepare the grant deed and lot line adjustment is estimated to be $7,780; services were performed under the City’s existing contract with NV5.

Recommended Action:

Authorize the Mayor to execute grand deed and lot line adjustment 2021-LLA- 0028.

65 Item 5.

Attachments:

A. Grant Deed
B. Lot Line Adjustment 2021-LLA-0028
66 Item 5.

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Page 1 of 3 ends

226816-0000895.36

EXHIBIT ‘A’

LEGAL DESCRIPTION
LOT LINE ADJUSTMENT No. 2021-LLA-0028

PARCEL ‘A’:

IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT CERTAIN PORTION OF LAND DESCRIBED IN DEED RECORDED MAY 19, 1988 AS INST.

No. 0134754, OFFICIAL RECORDS OF RIVERSIDE COUNTY RECORDER’S OFFICE, BEING PORTIONS OF BLOCK 129 AND A PORTION OF THE ALLEYS (VACATED) LYING WITHIN SAID BLOCK 129, AS SHOWN BY THE AMENDED MAP OF THE TOW N OF BEAUMONT, ON FILE IN BOOK 6 OF MAPS, PAGES 16 AND 17, INCLUSIVE, RECORDS OF SAN BERNARDINO COUNTY RECORDER’S OFFICE, SITUATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID DEED, SAID SOUTHTHWEST

CORNER BEING THE INTERSECTION OF THE EAST LINE OF BEAUMONT AVENUE, AS

SHOWN ON SAID AMENDED MAP, WITH THE NORTH LINE OF THE RIGHT OF WAY AS

ORIGINALLY GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, SAID CORNER BEING A CURVE CONCAVE NORTHERLY WITH A RADUIS OF 1809.91 FEET, A RADIAL LINE TO SAID INTERSECTION BEARS SOUTH 02° 33' 02" WEST;

THENCE NORTH 00° 13' 35" EAST, ALONG SAID EAST LINE OF BEAUMONT AVENUE, A DISTANCE OF 40.62 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED JULY 12, 1963 AS INSTRUMENT No. 95619, OFFICIAL RECORDS OF RIVERSIDE COUNTY RECORDER’S OFFICE;

THENCE SOUTH 89° 46' 25" EAST ALONG THE SOUTH LINE OF SAID DEED AND ITS EASTERLY PROLONGATION A DISTANCE OF 170.00 FEET TO AN ANGLE POINT IN THE WEST LINE OF GRANT DEED RECORDED MAY 19, 1988 AS INSTRUMENT No. 134754, OFFICIAL RECORDS OF RIVERSIDE COUNTY RECORDER’S OFFICE, AND THE POINT OF BEGINNING;

THENCE NORTH 00° 13' 35" EAST ALONG THE SAID WEST LINE OF GRANT DEED, A DISTANCE OF 40.46 FEET TO AN ANGLE POINT THEREIN, ALSO BEING THE NORTHWEST CORNER OF DEED RECORDED MAY 10, 2001 AS DOCUMENT No. 204657, OFFICIAL RECORDS OF RIVERSIDE COUNTY RECORDER’S OFFICE;

THENCE NORTH 83° 28' 15" EAST ALONG THE WESTERLY LINE OF SAID GRANT DEED RECORDED MAY 19, 1988 AS INSTRUMENT No. 134754, OFFICIAL RECORDS OF RIVERSIDE COUNTY RECORDER’S OFFICE, A DISTANCE OF 94.22 FEET TO AN ANGLE POINT THEREIN;

THENCE SOUTH 00° 13' 35" EAST ALONG THE SOUTHERLY PROLONGATION OF SAID WEST LINE A DISTANCE OF 83.64 FEET TO ITS INTERSECTION WITH THE NORTH LINE

OF THE RIGHT OF WAY AS ORIGINALLY GRANTED TO THE SOUTHERN PACIFIC

RAILROAD COMPANY, SAID CORNER BEING ON A CURVE CONCAVE NORTHERLY 69 Item 5.

EXHIBIT ‘A’

LEGAL DESCRIPTION
LLA No. 2021-LLA-0028

Page 2 of 3 ends

226816-0000895.36

WITH A RADUIS OF 1809.91 FEET, A RADIAL LINE TO SAID INTERSECTION BEARS SOUTH 02° 33' 02" WEST;

THENCE WESTERLY ALONG SAID CURVED NORTH RIGHT-OF WAY LINE AN ARC LENGTH OF 98.88 FEET THROUGH A CENTRAL ANGLE OF 03° 07' 49" TO THE SOUTHWEST CORNER OF SAID DEED RECORDED MAY 10, 2001 AS DOCUMENT No. 204657, OFFICIAL RECORDS OF RIVERSIDE COUNTY RECORDER’S OFFICE;

THENCE NORTH 00° 13' 35" EAST, ALONG THE SAID WEST LINE A DISTANCE OF 39.79 FEET (DESCRIBED AS 40.68 FEET IN SAID DEED) TO THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED JULY 12, 1963 AS INSTRUMENT No. 95619, OFFICIAL RECORDS OF RIVERSIDE COUNTY RECORDER’S OFFICE ;

THENCE SOUTH 89° 46' 21" EAST ALONG SAID SOUTH LINE A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING.

CONTAINING 0.181 ACRES, MORE OR LESS.

PARCEL ‘B’:

IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT CERTAIN PORTION OF LAND DESCRIBED IN DEED RECORDED MAY 19, 1988 AS INST.

No. 0134754, OFFICIAL RECORDS OF RIVERSIDE COUNTY RECORDER’S OFFICE, AND BEING A PORTION OF BLOCK 129, A PORTION OF MAGNOLIA AVENUE (VACATED) AND THE ALLEYS (VACATED) LYING WITHIN SAID BLOCK 129, AS SHOWN BY THE AMENDED MAP OF THE TOWN OF BEAUMONT, ON FILE IN BOOK 6 OF MAPS, PAGES 16 AND 17, INCLUSIVE, RECORDS OF SAN BERNARDINO COUNTY RECORDER’S OFFICE, SITUATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, AND BEING MORE PARTICULARLY DECRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE CURVED NORTH LINE OF THE

RIGHT OF WAY AS ORIGINALLY GRANTED TO THE SOUTHERN PACIFIC

RAILROAD COMPANY AND THE CENTERLINE OF MAGNOLIA AVENUE AS SHOWN

BY THE SAID AMENDED MAP OF THE TOWN OF BEAUMONT, SAID

INTERSECTION BEING THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED MAY 10, 2001 AS DOCUMENT No. 204657, OFFICIAL RECORDS OF RIVERSIDE COUNTY RECORDER’S OFFICE, AND

SAID CURVED NORTH LINE BEING A CURVE CONCAVE NORTHERLY WITH A RADUIS OF 1809.91 FEET, A RADIAL LINE TO SAID INTERSECTION BEARS SOUTH 09° 12' 06" EAST;

THENCE NORTH 00° 13' 35" EAST ALONG SAID CENTERLINE OF MAGNOLIA AVENUE (VACATED) A DISTANCE OF 99.62 FEET TO ITS INTERSECTION WITH

THE NORTHERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN SAID DEED RECORDED MAY 19, 1988 AS INST. No. 0134754;
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PARCEL
'A'
PARCEL
'B'

FOURTH STREET
R A IL R O A D R IG HT -O F -W A YBEAUMONT AVENUEPREPARED FOR:DATE:JAN. 2022CITY OF BEAUMONT

CITY OF BEAUMONT
LOT LINE ADJUSTMENT No. 2021-LLA-0028

EXHIBIT 'B'
42-829 COOK STREET, SUITE 104
760.341.3101 TEL 760.341.5999 FAX
PALM DESERT, CA 92211
WWW.NV5.COM
LOT LINE ADJUSTMENT No. 2021-LLA-0028
SCALE 1" = 50'
A
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Staff Report

TO: Mayor and City Council
FROM: Sean Thuilliez, Chief of Police
DATE July 19, 2022
SUBJECT: Canine Inspection Services Agreement 2022/23

Background and Analysis:

In 2016, the City of Beaumont Police Department (City) and Beaumont Unified School District (District) entered into an agreement for police canine searches at certain District facilities. Both parties with to renew this agreement for the 2022/23 school year.

The City has a qualified and trained canine and handler to complete the searches as requested by the District. The terms of this agreement allows the City’s canine search team to search and sniff communal areas, lockers, gym areas, parking lots, grounds, and other select areas on District property. The police canine handler will notify the authorized District representative(s) of any alert made by the canine as a result of the search. The police canine will not be used to sniff any person.

The District has agreed to compensate the City for the use of the canine search team.

The terms of this agreement are from August 2022 through June 30, 2023. The City Attorney has approved this agreement as to form and content (Attachment A).

Fiscal Impact:

There is no negative impact to the general fund. The District agrees to pay the City an annual fee of $5,500 for these services. This equates to 18 searches. An amendment will be completed if more searches are requested.

Recommended Action:

Approve the agreement with the Beaumont Unified School District for police canine search services.
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Attachments:

A. Canine Inspection Services Agreement
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1 CANINE INSPECTIONS SERVICES AGREEMENT

THIS CANINE INSPECTIONS SERVICES AGREEMENT (Agreement ) is made as of this _____ day of July, 2022 by and between CITY OF BEAUMONT, a California municipal corporation (CITY ), and the BEAUMONT UNIFIED SCHOOL DISTRICT, a California school district (DISTRICT ), collectively referred to as the Parties

RECITALS

A. CITY employs a narcotics canine and a narcotics canine handler, among other City of Beaumont Police department personnel; and

B. DISTRICT is seeking contraband inspection services utilizing non-aggressive contraband detection canines, for the period of August 2022 through June 2023, at the communal areas, lockers, gym areas, parking lots, grounds, and other select areas at facilities in ; and

C. CITY possesses the necessary skills, qualifications, personnel and equipment to provide the Services to DISTRICT; and

D. DISTRICT desires to engage the services of CITY to perform the Services; and

E. CITY agrees to provide such Services pursuant to, and in accordance with, the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual promises of the Parties contained in this Agreement and other good and valuable consideration, the Parties agree, promise and covenant to each other as follows:

AGREEMENT

1. Annual Fee Payment. DISTRICT agrees to pay the Annual Fee of $5,500 to CITY within ten (10) days of the Execution Date for delivery of the Services.

2. Term. This Agreement shall remain in force from the Execution Date to June 30, 2023.

3. Delivery of Services. CITY shall schedule DISTRICT visits in conjunction with days designated by DISTRICT as appropriate for inspections. DISTRICT shall provide CITY with a 2022-2023 DISTRICT School Calendar
delivery of Services.
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2 incorporated herein by this reference. DISTRICT desires that such inspections may be conducted on an unannounced basis under the auspices and direction of DISTRICT administration.

4. Mutual Indemnification. It is understood and agreed that neither DISTRICT, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that pursuant to Government Code 895.4, CITY shall defend, indemnify and save harmless DISTRICT, all officers, and employees from all claims, suits or actions of every name, kind, and description brought forth or on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by CITY under this Agreement except as otherwise provided by Statute. It is understood and agreed that neither CITY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any work, authority or jurisdiction delegated to DISTRICT under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, DISTRICT shall defend, indemnify and save harmless CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought forth on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by DISTRICT under connection with any work, authority or jurisdiction delegated to DISTRICT under this Agreement except as otherwise provided by statute.

5. Insurance. DISTRICT and CITY shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with their respective participation and the participation of their respective agents, representatives, employees or subcontractors. CITY shall maintain Worker s Compensation Insurance (Statutor . These insurance
requirements may be satisfied with a certificate of self-insurance.

6. Neither Party
agents, partners, other contractors or subcontractors shall be deemed to be employees of the other Party at any time. Nothing in this Agreement shall be construed as creating a civil service employer-employee relationship or a joint venture relationship. No officer, employee, agent, partner, other contractor or subcontractor of the other Party shall be eligible for membership in or any benefits from any plan for hospital, surgical, or medical insurance, or for membership in any retirement program, paid vacation, paid sick leave, other leave, with or without pay, collective bargaining rights, grievance procedures, or any other benefits which inure to or accrue to an employee of the other Party. The only performance and rights due the other Party are those specifically stated in this Agreement.

7. Termination. DISTRICT or CITY may terminate this Agreement at any time, upon 30- days prior written notice; provided, however, that DISTRICT shall pay for all services rendered to it prior to the date of termination.

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3 8. In order to ensure smooth operation of the Services provided hereunder, DISTRICT and CITY each agree to appoint a representative who shall be responsible for coordinating the implementation of this Agreement.

a. CITY Appointment: CITY appoints the Chief of Police as its representative. The Chief may be contacted as follows:

Name: Sean Thuilliez, Chief of Police, or his designee
Beaumont Police Department
660 Orange Avenue
Beaumont, CA 92223
Telephone: 951-769-8500
Fax: 951-769-8508
E-mail: [email protected]

b. DISTRICT Appointment: DISTRICT appoints Penni Harbauer or designee as its representative.

Name: Penni Harbauer, Assistant Superintendent of Business Services Beaumont Unified School District
350 W. Brookside Avenue
Beaumont, CA 92223
Telephone: 951-845-4561
E-mail: [email protected]

9. Notices. Any notice, payment, statement, or demand required or permitted to be given hereunder by either Party to the other shall be effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the Parties at the addresses appearing in section 8 above but each Party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing.

10. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Additionally, this Agreement has been formed and shall be performed in Riverside County; the venue for any legal action on the Agreement shall be in Riverside County.

11. Incorporation of Recitals. The Parties repeat and incorporate the recitals set forth above as if fully set forth herein

12. Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties relating to matters herein; and except as otherwise provided herein, cannot be modified without the prior written agreement of the Parties.

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4 13. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement.

14. Successors and Assigns. This Agreement shall be binding upon and insure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Agreement, their assigns.

15. Captions. The captions to the various clauses of this Agreement are for information purposes only and shall not alter the substance of the terms and conditions of this Agreement.

16. Authorization. Each of the Parties represents and warrants to the other that this Agreement has been duly authorized by all necessary corporate or governmental action on the part of the representing Party and that this Agreement is fully binding on such Party.

17. Amendments to this Agreement. From time-to-time, CITY and DISTRICT may determine that the provision of services hereunder could be improved, made more efficient or expanded.

Therefore, the Parties agree to meet and confer at the request of either Party and to negotiate in good faith such reasonable amendments to this Agreement as the Parties deem appropriate.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by the following authorized officials.

ATTEST:

By_______________________________
Steven Mehlman, City Clerk

APPROVED AS TO FORM:

______________________________
City Attorney

BEAUMONT UNIFIED SCHOOL DISTRICT CITY OF BEAUMONT

By:
________________________________________
By:
________________________________________
Penni Harbauer, Assistant Superintendent
Business Services
Lloyd White, Mayor

DATE:
_____________________________________

DATE:
_____________________________________
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5 TO

CANINE INSPECTIONS SERVICES AGREEMENT
79 Item 6.

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Staff Report

TO: City Council
FROM: Jeff Hart, Public Works Director
DATE July 19, 2022
SUBJECT: Final Approval of Parcel Map No. 38090

Background and Analysis:

As part of the development process to subdivide a parcel(s) in accordance with the Subdivision Map Act, a tentative map is reviewed and approved by the Planning Commission and City Council. During the review process, staff reviews conditions of approval provided by all City departments and prepares final conditions to be issued with the tentative map approval. Once a tentative map is approved by City Council and conditions have been satisfied, final approval by City Council is required to complete the subdivision process.

On December 7, 2021, City Council approved Tentative Parcel Map No. 38090, subject to the completion of the conditions of approval. Tentative Parcel Map No. 38090 is a finance and conveyance map for the subdivision of 223 acres into seven (7) parcels, one (1) remainder parcel, and two (2) lettered lots consisting of Phase 4B of Tentative Tract Map 31462 within the Oak Valley and SCPGA Golf Course Specific Plan. The proposed finance and conveyance map does not allow development of the parcels but does provide larger lots to be sold or transferred.

Per Beaumont Municipal Code 16.36.080, The City Engineer has certified that:
(A) He has examined the map.
(B) The land division as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof.
(C) All provisions of the Subdivision Map Act and all City ordinances applicable at the time of approval of the tentative map have been complied with. (D) He is satisfied that the map is technically correct. (E) In the City Engineers/Surveyors certificate, the date of approval of the tentative map and the date of expiration is stated.

81 Item 7.

Subsequently, staff recommends the parcel map be approved pursuant to Section

16.36.090 of the Beaumont Municipal Code. However, if the City Council determines that the division of land does not conform to all the requirements of the Subdivision Map Act, amended Development Agreement and, Beaumont Municipal Code applicable of the tentative map and any rulings made thereunder may disapprove the map; provided, however, the division of land shall not be disapproved due to technical or inadvertent errors which can easily be corrected and, in the opinion of the City Engineer, do not materially affect the validity of the map.

There are no public improvements required as part of the development of this division of land. There are several survey monuments required to be set as part of this division of land. The Subdivision Map Act requires that that at least one exterior boundary line of the land being subdivided be adequately monumented or referenced before the map is recorded. The land divider has certified that at least one exterior boundary line is monumented prior to the date of this report. Furthermore, the Subdivision Map Act and Beaumont Municipal Code 16.36.100 states that interior monuments need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the land divider furnishes security guaranteeing the payment of the cost of setting such monuments.

The principal has provided a security agreement and security in the form of a cash deposit for the survey monuments. The agreement has been reviewed by staff and found to be consistent with the Beaumont Municipal Code.

Fiscal Impact:

The cost to prepare this staff report is estimated at $350.

Recommended Action:

Approve Parcel Map No. 38090 as it is in substantial conformance with the approved tentative map and accept security agreement for survey monuments.

Attachments:

A. Parcel Map No. 38090 Package
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Page 1 of 19 ends

RECORDING REQUESTED BY:

CITY CLERK
WHEN RECORDED RETURN TO:

City Clerk
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223

SPACE ABOVE THIS LINE FOR RECORDER'S USE

CITY OF BEAUMONT

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. _________
DATE OF AGREEMENT: _____________________________________________________ NAME OF SUBDIVIDER: ____________________, a _______________. (hereinafter referred to as “Subdivider”).

NAME/NUMBER OF DEVELOPMENT: ____________ subdivision consisting of _________________ residential lots, _____________________, originally approved on _________________, and Tentative Tract ____________ (“Tract” or “Tentative Tract Map”) , originally approved on ___________________.

FINAL TRACT MAP ____________ APPROVED ON _________________RECORDED ON _________________ AS INSTRUMENT NUMBER: ________________ (“Final Tract Map”).

PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit “A” attached hereto and incorporated herein (hereinafter the “Property”).

EST. TOTAL COST OF
PUBLIC IMPROVEMENTS:
$ _______________
(see Exhibit “B”)
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$ _______________
(see Exhibit “B”)
EST. TOTAL COST OF
MONUMENTATION:
$_______________
(see Exhibit “B”)
________________________________________________________________________________________________________________ BOND NUMBERS: ___________________________________________________________ LETTER OF CREDIT NUMBERS: _______________________________________________ 90 Item 7.

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June 1, 2022

Parcel Map 38090 – Meritage Homes of California, Inc.

Monumentation - Cash Surety Deposit

The City of Beaumont received a Cash Surety for the above Parcel Map Monumentation. The payment was made on the 26th of May, 2022 by authority of Nick Harris, Forward Planning Analyst for Meritage Homes. Payment was collected on behalf of the City of Beaumont by Romelia Coff, Customer Service Coordinator. Payment amount included $306.69 of Visa Credit Card fees under the receipt number of R01241230. The Cash Surety amount is as follows:

Please let me know if you have any questions.

Thank you,

Richard Godsey
Public Works

Submittal Name Amount
PM 38090 – Cash Surety

$13,000.00

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111
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6/1/22, 9:12 AM Mail - Richard Godsey - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkADdiOGE4M2YyLTAyODAtNDg2My1iM2IyLWQ1NjM2MzYzODVjYwAQABhtJ%2Fqc%2FPxNgIC4h%… 1/2 RE: PW2021-0736 Parcel Map No. 38090 - Mylar PDF for Dept. Approval Sara Retmier
Wed 6/1/2022 8:52 AM
To:Richard Godsey
I have no objecons.

From: Richard Godsey
Sent: Wednesday, June 01, 2022 8:00 AM
To: Sara Retmier ; Kylie Tillema ; Carole Kendrick
; Chrisna Taylor
Cc: Suzanne Foxworth
Subject: PW2021-0736 Parcel Map No. 38090 - Mylar PDF for Dept. Approval

Good morning all,

Please see the aached mylar pdf for the subject Parcel Map. Please provide respecve department approvals/denials in email response.

Thank you,

Richard Godsey
Public Works Permit Technician

City of Beaumont
550 E. 6th Street, Beaumont, Ca 92223
Desk (951) 769-8520 | Fax (951) 769-8526
BeaumontCa.gov
Facebook | Twitter | Instagram | YouTube

112
Item 7.

6/7/22, 4:08 PM Mail - Richard Godsey - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkADdiOGE4M2YyLTAyODAtNDg2My1iM2IyLWQ1NjM2MzYzODVjYwAQABhtJ%2Fqc%2FPxNgIC4h%… 1/2 RE: PW2021-0736 Parcel Map No. 38090 - Mylar PDF for Dept. Approval Carole Kendrick
Fri 6/3/2022 10:38 AM
To:Richard Godsey ;Sara Retmier ;Kylie Tillema
;Christina Taylor
Cc:Suzanne Foxworth
Planning approved.

Good morning all,

Please see the aached mylar pdf for the subject Parcel Map. Please provide respecve department approvals/denials in email response.

Thank you,

Richard Godsey
Public Works Permit Technician

City of Beaumont
550 E. 6th Street, Beaumont, Ca 92223
Desk (951) 769-8520 | Fax (951) 769-8526
BeaumontCa.gov
Facebook | Twitter | Instagram | YouTube

113
Item 7.

6/7/22, 4:08 PM Mail - Richard Godsey - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkADdiOGE4M2YyLTAyODAtNDg2My1iM2IyLWQ1NjM2MzYzODVjYwAQABhtJ%2Fqc%2FPxNgIC4h%… 2/2

#A C I T Y E L E V A T E D
114
Item 7.

6/1/22, 9:43 AM Mail - Richard Godsey - Outlook
https://outlook.office365.com/mail/inbox/id/AAQkADdiOGE4M2YyLTAyODAtNDg2My1iM2IyLWQ1NjM2MzYzODVjYwAQABhtJ%2Fqc%2FPxNgIC4h%… 1/2 RE: PW2021-0736 Parcel Map No. 38090 - Mylar PDF for Dept. Approval Kylie Tillema
Wed 6/1/2022 9:30 AM
To:Richard Godsey ;Sara Retmier ;Carole Kendrick
;Christina Taylor
Cc:Suzanne Foxworth
Approved.

Kylie Tillema
Fire Safety Specialist/Office of the Fire Marshal
CAL FIRE/Riverside County Fire Department
Proudly Serving the City of Beaumont
Desk: 951-572-3225 | Main: 951-769-8529
550 E. 6th Street, Beaumont, CA 92223
k[email protected] | www.BeaumontCA.gov

From: Richard Godsey
Sent: Wednesday, June 1, 2022 8:00 AM
To: Sara Retmier ; Kylie Tillema ; Carole Kendrick
; Chrisna Taylor
Cc: Suzanne Foxworth
Subject: PW2021-0736 Parcel Map No. 38090 - Mylar PDF for Dept. Approval

Good morning all,

Please see the aached mylar pdf for the subject Parcel Map. Please provide respecve department approvals/denials in email response.

Thank you,

Richard Godsey
Public Works Permit Technician

City of Beaumont
550 E. 6th Street, Beaumont, Ca 92223
Desk (951) 769-8520 | Fax (951) 769-8526
BeaumontCa.gov
Facebook | Twitter | Instagram | YouTube
115
Item 7.

Staff Report

TO: City Council
FROM: Sean Thuilliez, Chief of Police
DATE July 19, 2022
SUBJECT: Beaumont Unified School District Fingerprinting Agreement

Background and Analysis:

The City of Beaumont Police Department (City) has been providing the Beaumont Unified School District (District) with livescan fingerprinting services since 2013. The current annual agreement expires June 30, 2022. The District has requested the approval of an agreement to continue these services through June 30, 2023.

Fiscal Impact:

The District agrees to compensate the City for services rendered in an amount not to exceed $16.00 per livescan for Beaumont residents and $25.00 per livescan for non- residents. The District has their own billing number for any additional fees that the Department of Justice charges. The Police Department invoices the District on a monthly basis for livescans preformed. Livescan fingerprinting for the District and the public has brought a revenue source to the City of approximately $20,000 for the current and past fiscal years.

Recommended Action:

Approve the Agreement with the Beaumont Unified School District for livescan services.

Attachments:

A. Beaumont Unified School District Agreement
116
Item 8.

117
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118
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119
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Staff Report

TO: City Council
FROM: Elizabeth Gibbs, Interim City Manager
DATE May 17, 2022
SUBJECT: Review of Local Emergency Declaration Established via the Adoption of City of Beaumont Resolution No. 2020-07 Adopted on March 17, 2020

Background and Analysis:

On March 17, 2020, the City Council passed and approved Resolution No. 2020-07 (“Resolution”) which authorized the City Manager to execute a declaration of the existence of a local emergency in the City of Beaumont. Approval of the Resolution was in response to the declaration by the World Health Organization (WHO) of the COVID – 19 pandemic, Governor Gavin Newsom’s declaration of a state of emergency for all California, and the increase of infections within the City of Beaumont and the immediate area.

The emergency declaration must be reviewed every 60 days in order to determine whether conditions exist for its continuance. This emergency declaration was reviewed by the City Council on March 15, 2022, and was not modified.

The City Council’s adoption of Resolution No. 2020-07 established the existing emergency declaration and empowered the City Manager to:

1. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency;

2. Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property, and to bind the City for the fair value thereof;

3. Require emergency services of any City officer or employee, and, in the event of the proclamation of a state of emergency in Riverside County, to command the aid of as many citizens of Beaumont as is deemed necessary by the City Manager for the execution of the City Manager’s duties; such persons shall be 121
Item 9.

entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers;

4. Requisition necessary personnel or material to any City department or agency; and

5. Execute all ordinary duties and powers of the City Manager as well as special powers conferred by the Beaumont Municipal Code, by resolution or emergency plan adopted by the City Council, and all other powers conferred by the City Council and any other lawful authority.

As of the time that this memorandum was prepared, the most recent executive order N- 04-22 dated February 25, 2022, terminates portions of 11 executive orders related to the COVID-19 pandemic (Attachment A). Under this order, 19 provisions are terminated immediately, with an additional 18 to be lifted on March 31, 2022, and 15 to expire on June 30, 2022.

If Beaumont’s emergency declaration remains in effect, it will be brought back to the City Council for consideration no later than July 19, 2022. In the event that the City Council determines that a local emergency declaration is no longer required, an amending resolution will be presented for City Council consideration at the next regular City Council meeting of June 7, 2022, or earlier at a special meeting convened by the City Council for that purpose.

Fiscal Impact:

There are no costs resulting from the continuation of a local state of emergency. City staff estimates that preparation of this report cost to be approximately $75.

Recommended Action:

Take no action and keep the existing declaration of emergency resolution in place.

Attachments:

A. Order N-04-22
B. City of Beaumont Resolution No. 2020-07
122
Item 9.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-04-22
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and
WHEREAS since March 2020, the State has taken decisive and meaningful actions, relying on the most current data and science available, to reduce the spread, and mitigate the impacts, of COYID-19, saving an untold number of lives; and
WHEREAS on June 11, 2021, as a result of reducing case rates throughout California at that time, I issued Executive Order N-08-21, which systematically rolled back many of the Executive Order provisions I put in place to ensure for the continued provision of public and essential services while preserving public health and safety; and
WHEREAS following my issuance of Executive Order N-08-21, the Delta and Omicron variants of COVID-19 spread throughout California, the United States, and the world, posing significant threats to the health and safety of Californians and necessitating additional decisive actions, including those implemented through Executive Order; and
WHEREAS as a result of the effective actions Californians have taken, including more than 73 percent of eligible Californians who have been fully vaccinated, another 9 percent of eligible Californians who are partially vaccinated, and more than 56 percent of eligible Californians who have received a booster, California has turned another corner in its fight against COVID-19, and in particular, the Omicron variant; and
WHEREAS on February 17, 2022, I unveiled the SMARTER Plan, which will guide California's strategic approach to managing the next phase of the COYID-19 pandemic while moving the state's recovery forward, with a focus on continued readiness, awareness and flexibility; and
WHEREAS in light of the current state of the COVID-19 pandemic in California, it is appropriate to, again, through measured and decisive action, roll back additional provisions of my COYID-19-related Executive Orders; and WHEREAS certain provisions of my COVID-19 related Executive Orders currently remain necessary to continue to help California respond to, recover from, and mitigate the impacts of the COYID-19 pandemic, including maintaining California's robust testing and vaccination programs and protecting hospital capacity, and the termination of certain provisions of my COYID-19 related Executive Orders during this stage of the emergency would compound the effects of the emergency and impede the State's recovery by disrupting the State's ability to support ongoing medical response and preparedness; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would continue to prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic. 123
Item 9.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

The following provisions are terminated.
1) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 1. The State Emergency Plan as it relates to the COVID-19 pandemic shall remain active;
b. Paragraph 5; and
c. Paragraph 6.
2) Executive Order N-25-20:
a. Paragraph 6; and
b. Paragraph 8.
3) Executive Order N-40-20, Paragraph 14. This provision sha ll apply to any expenses incurred prior its termination.
4) Executive Order N-41-20.
5) Executive Order N-45-20, Paragraph 10.
6) Executive Order N-50-20:
a. Paragraph 1;
b. Paragraph 3; and
c. Paragraph 4.
7) Executive Order N-55-20:
a. Paragraph 15;
b. Paragraph 17; and
c. Paragraph 18.
8) Executive Order N-63-20, Paragraph 8, subparagraphs (d) and (f). 9) Executive Order N-66-20:
a. Paragraph 7; and
b. Paragraph 8.
10) Executive Order N-02-21, Paragraph 2.
11) Executive Order N-12-21, Paragraph 8.

The following provisions shall remain in place and shall have full force and effect through March 31, 2022, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 12) Executive Order N-57-20:
a. Paragraph 1;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 4.
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Item 9.

13) Executive Orders N-25-20, Paragraph 7, N-35-20, Paragraph 3, and N- 84-20, Paragraph 4, except that Executive Order N-25-20, Paragraph 7 shall remain in effect as applicable only to emergency appointments made pursuant to Government Code section 19888.1 and California Code of Regulations, Title 2, Sections 300 through 303 for participants in the California Medical Assistance Team (CAL-MAT) Program. Any hours or days worked during the 2021-22 fiscal year by an individual hired pursuant to these provisions prior to their termination shall not count toward the work-hour or work-day limits prescribed under the respective statutes and regulations identified in these Executive Orders. 14) Executive Order N-71-20, Paragraph 5.
15) Executive Order N-12-21, Paragraph 7. Any retired person who returned to service pursuant to this provision prior to its termination shall be able to remain in service through the end of the 2021-22 fiscal year notwithstanding any limitation that would otherwise apply pursuant to Government Code section 7522.56, subdivision (f).
16) Executive Order N-3-22:
a. Paragraph 3. Any days for which a substitute teacher was assigned to a single general education assignment prior to the termination of this provision shall not count toward the limitations in California Code of Regulations, Title 5, sections 80025.1 (c) and 80025.3(a) and (b), as modified via Section 47 of Assembly Bill 167, Chapter 252, Statutes of 2021;
b. Paragraph 5. Any compensation earned by a retired member during the 2021-22 school year pursuant to this provision prior to its termination shall not count toward the post-retirement
compensation limits under Education Code section 24214, subdivisions (d), (f), and (g);
c. Paragraph 6. Any retired member who meets normal retirement age and returned to service pursuant to this provision prior to its termination shall be able to remain in service through the end of the 2021-22 school year notwithstanding any limitation that would otherwise apply pursuant to Education Code section 24214.5, subdivisions (a) through (g); and
d. Paragraph 7. Any retired classified and certified personnel who returned to service pursuant to this provision prior to its termination shall be able to remain in service through the end of the 2021-22 fiscal year notwithstanding any limitation that would otherwise apply pursuant to Government Code section 7522.56, subdivision (g).

The following provisions shall remain in place and shall have full force and effect through June 30, 2022, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 17) Executive Order N-38-20:
a. Paragraph 1;
b. Paragraph 2;
c. Paragraph 3;
d. Paragraph 4; and
e. Paragraph 5.
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Item 9.

18) Executive Orc;jer N-43-20 (as modified via Executive Order N-08-21 and extended via Executive Order N-16-21):
a. Paragraph 2;
b. Paragraph 3;
c. Paragraph 4;
d. Paragraph 5;
e. Paragraph 6;
f. Paragraph 7;
g. Paragraph 8;
h. Paragraph 9; and
i. Paragraph l 0.
19) Executive Order N-71-20, Paragraph 18.
20) Executive Order N-12-21 :
a. Paragraph l. This is a further extension beyond that provided in Paragraph 1 of Executive Order N-21-21;
b. Paragraph 2. This is a further extension beyond that provided in Paragraph 1 of Executive Order N-21-21;
c. Paragraph 3. This is a further extension beyond that provided in Paragraph 1 of Executive Order N-21-21;
d. Paragraph 4. This is a further extension beyond that provided in Paragraph 1 of Executive Order N-21-21;
e. Paragraph 5. This is a further extension beyond ~hat provided in Paragraph l of Executive Order N-21-21; and
f. Paragraph 6. This is a further extension beyond that provided in Paragraph l of Executive Order N-21-21.
21) Executive Order N-17-21, Paragraph l. This is a further extension beyond that provided in Paragraph 2 of Executive Order N-21-21 .

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
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This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 25th
day of February 2022.

ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
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Staff Report

TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE July 19, 2022
SUBJECT: Consideration of Re-Ratification of Local Emergency and Re- Authorizing the Use of Teleconferencing to Conduct Public Meetings

Background and Analysis:

On June 21, 2022, City Council adopted a resolution re-ratifying that certain conditions exist that necessitate the need to implement the Ralph M. Brown Act provisions provided by Government Code Section 54953. The recent amendment to Section 54953 allows the use of teleconferencing to conduct meetings of Beaumont’s legislative bodies with exemptions to the process and procedure. These provisions are listed in full detail in the table below.

Assembly Bill 361 (AB361) was signed by Governor Newsom with an effective date of October 1, 2021, which provides exemptions to the procedures of conducting public meetings with the use of teleconferencing. Prior to AB361, the City of Beaumont conducted teleconferenced and hybrid public meetings in accordance with Executive Order N-08-21. That order held an expiration date of September 30, 2021.

AB361 amends Government Code Section 54953 to provide provisions to facilitate teleconferenced meetings during a declared state of emergency. These provisions can only be used in an active gubernatorial state of emergency. The provisions from this amendment are listed in the table below.

Brown Act Requirements Provisions in AB361 Amendment
If the legislative body of a local agency
elects to use teleconferencing, it shall
post agendas at all teleconference
locations and conduct teleconference
meetings in a manner that protects the
statutory and constitutional rights of the
Agendas not required to be posted at all
teleconference locations.

Meeting must still be conducted in a
manner that protects the statutory and
constitutional rights of the parties or the
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parties or the public appearing before
the legislative body of a local agency.

public appearing before the legislative
body of a local agency.

If the legislative body of a local agency
elects to use teleconferencing, each
teleconference location shall be identified
in the notice and agenda of the meeting
or proceeding, and each teleconference
location shall be accessible to the public.

Agendas are not required to identify each
teleconference location in the meeting
notice/agenda.

Local agencies are not required to make
each teleconference location accessible
to the public.

If the legislative body of a local agency
elects to use teleconferencing, during the
teleconferenced meeting, at least a
quorum of the members of the legislative
body shall participate from locations
within the boundaries of the territory over
which the local agency exercises
jurisdiction.

No requirement to have a quorum of
board members participate from within
the territorial bounds of the local agency’s
jurisdiction.

If the legislative body of a local agency
elects to use teleconferencing, the
agenda shall provide an opportunity for
members of the public to address the
legislative body directly at each
teleconference location.

In each instance in which notice of the
time of the teleconferenced meeting is
given or the agenda for the meeting is
posted, the legislative body shall also
give notice of the manner by which
members of the public may access the
meeting and offer public comment.

The agenda shall identify and include an
opportunity for all persons to attend via a
call-in option or an internet-based service
option.

The legislative body shall allow members
of the public to access the meeting, and
the agenda shall include an opportunity
for members of the public to address the
legislative body directly.

In the event of a disruption which
prevents the local agency from
broadcasting the meeting to members of
the public using the call-in option or
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internet-based service option, or in the
event of a disruption within the local
agency’s control which prevents
members of the public from offering
public comments using the call-in option
or internet-based service option, the
legislative body shall take no further
action on items appearing on the meeting
agenda until public access to the meeting
via the call-in option or internet-based
service option is restored.

Written/remote public comment must be
accepted until the point at which the
public comment period is formally closed;
registration/sign-up to provide/be
recognized to provide public comment
can only be closed when the public
comment period is formally closed.

A member of the public shall not be
required, as a condition to attendance at
a meeting of a legislative body of a local
agency, to register his or her name, to
provide other information, to complete a
questionnaire, or otherwise to fulfill any
condition precedent to his or her
attendance. If an attendance list, register,
questionnaire, or other similar document
is posted at or near the entrance to the
room where the meeting is to be held or
is circulated to the persons present during
the meeting, it shall state clearly that the
signing, registering, or completion of the
document is voluntary, and that all
persons may attend the meeting
regardless of whether a person signs,
registers, or completes the document.

An individual desiring to provide public
comment through the use of an internet
website, or other online platform, not
under the control of the local legislative
body that requires registration to log in to
a teleconference, may be required to
register as required by the third-party
internet website or online platform to
participate.

In order for a local agency to use the provisions provided by AB361, the agency must determine by majority vote that meeting in-person would present imminent risks to 134
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health or safety of attendees and adopt a resolution stating such with a maximum period of thirty days. Thereafter, on a thirty-day basis, City Council could then consider the continuance of teleconferenced public meetings by way of resolution after a re- evaluation of the state of emergency circumstances. In order to continue to facilitate meetings of the City’s legislative bodies, City Council would affirm the following findings:

(A) The legislative body has reconsidered the circum stances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend meas ures to promote social distancing.

Fiscal Impact:

City staff estimates the cost to prepare this staff report to be $110.

Recommended Action:

A. Resolution
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Item 10.

RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,

CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY PERSISTS, RE-RATIFYING

THE PROCLAMATION OF A STATE OF EMERGENCY BY EXECUTIVE ORDER N- 09-21, AND RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE

LEGISLATIVE BODIES OF THE
CITY OF BEAUMONT FOR THE PERIOD JULY 19, 2022 – AUGUST 16, 2022, PURSUANT TO PROVISIONS OF THE RALPH M. BROWN ACT

WHEREAS, the City of Beaumont (the “City”) is committed to preserving and nurturing public access and participation in meetings of the City Council; and

WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code §§ 54950 – 54963) (the “Brown Act”), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and

WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and

WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and

WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and

WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and

WHEREAS, the City Council previously adopted Resolution 2021-53 on October 5, 2021, finding that the requisite conditions exist for the legislative bodies of the City to conduct remote teleconference meetings without compliance with Government Code section 54953(b)(3); and WHEREAS, as a condition of extending the use of the provisions found in Government Code section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City, and the City Council has done so; and

WHEREAS, emergency conditions persist in the City, specifically, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency to exist in California as a 136
Item 10.

result of the threat of COVID-19; despite sustained efforts the virus continues to spread and is impacting nearly all sectors of California; and

WHEREAS, on June 9, 2021, the California Department of Public Health issued updated public health directives related to physical distancing and face coverings effective June 15, 2021, based on guidelines issued by the Centers for Disease Control and Prevention; and

WHEREAS, on or about July 28, 2021, Riverside County Public Health stated that “in light of the recent increase in local COVID-19 cases, Riverside County Public Health recommends residents follow the new state and federal guidance for face coverings. The current state and federal masking guidance recommend that vaccinated individuals wear face masks in public indoor settings. The state still requires unvaccinated individuals to wear masks indoors;” this remains the guidance of Riverside County Public Health; and

WHEREAS, the City Council does hereby find that the ongoing risk posed by the highly transmissible COVID-19 virus will continue to cause conditions of peril to the safety of persons within the City which are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and the City Council desires to proclaim a local emergency and ratify the proclamation of state of emergency by the Governor of the State of California; and

WHEREAS, as a consequence of the local emergency persisting, the City Council does hereby find that the legislative bodies of the City shall continue to conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in Government Code section 54953(e)(2); and

WHEREAS, all meeting agendas stating meeting dates, times and the manner in which the public may attend and offer public comment by call-in option or internet-based service option shall be posted, at a minimum, on the City’s website and at the City’s main office.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals.

The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Affirmation that Local Emergency Persists.

The City Council hereby considers the conditions of the state of emergency in the City and proclaims that a local emergency persists throughout the City, and the ongoing risk posed by the highly transmissible COVID-19 virus has caused, and will continue to cause, conditions of peril to the safety of persons within the City; furthermore, the guidance of Riverside County Public Health recommends physical distancing and face coverings. 137
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Section 3. Re-ratification of Governor’s Proclamation of a State of Emergency.

The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

Section 4. Remote Teleconference Meetings.

The Mayor, the City Manager, and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 5. Effective Date.

This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) August 16, 2022, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with Government Code section 54953(b)(3).

Section 6. Certification.

The Clerk of the City Council shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.

PASSED, ADOPTED, AND APPROVED, this 19th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Lloyd White, Mayor
ATTEST:

____________________________________________
Nicole Wheelwright, City Clerk

APPROVED AS TO FORM:

____________________________________________
John O. Pinkney, City Attorney
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Item 10.

Staff Report

TO: City Council
FROM: Sean Thuilliez, Chief of Police
DATE July 19, 2022
SUBJECT: July 4, 2022, Fireworks Enforcement

Background and Analysis:

The Freedom Festival was held at Stewart Park on July 4, 2022. This event was free to the public and included live entertainment, vendors, and a fireworks show. There were approximately 2,500 in attendance.

The Beaumont Police Department staffed this event with seven (7) police officers and one (1) police sergeant from 3 pm to 10 pm. Their primary responsibilities were to provide safety at the event, as well as traffic control for street closures around the venue. Sworn staff was comprised exclusively of overtime personnel, as all regularly scheduled staff were dedicated to patrol operations.

Additionally, seven (7) police officers and one (1) sergeant were brought in on overtime to supplement the patrol division and specifically work fireworks related calls from 6 p.m. to midnight.

In the days prior to and on July 4, the Police Department experiences an increase in illegal fireworks. Previous efforts to combat these safety concerns from using illegal fireworks were by use of traditional criminal enforcement, where a violator is cited, and the case filed with the Riverside County District Attorney’s Office. This method was ineffective due to the district attorney’s office electing not to file any fireworks cases.

In response, the City of Beaumont took proactive measures and enhanced the local Municipal Code 9.41.020, increasing the imposed fines to the following:
$1,000 for the 1st violation
$2,500 for the 2nd violation
$5,000 for the 3rd and all subsequent violations
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Item 11.

On July 4, officers handled approximately 68 calls for service related to fireworks. A total of 12 violators were cited. All citations were for the violator’s first violation, with a $1,000 fine. The enforcement effort was successful, as there were no incidents of a second violation. Those violators who received a citation will be billed through the City’s contracted citation tracking management provider, Turbo System Data Systems, Inc.

During the week of June 27 through July 3, the Beaumont Police Department had an additional 16 calls for service related to fireworks.

Fiscal Impact:

Freedom festival staffing:
 Monday, July 4, 2022, 3 pm – 10 pm:
 (1) Police Sergeant – Supervisor
 (7) Police Officers
 Total Overtime Hours = 57
 Total Overtime Cost = $4,632.21

Fireworks enforcement detail:
 Monday, July 4, 2022, 6 pm - Midnight:
 (1) Police Sergeant – Supervisor
 (7) Police Officers/Corporals
 (1) Public Safety Dispatcher
 Total Overtime Hours = 52
 Total Overtime Cost = $4,148.94

Total Cost for Freedom Festival $4,632.21
Total Cost for Fireworks Enforcement $4,148.94
Combined total: $8,781.15

Recommended Action:

Receive and file.

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Item 11.

Staff Report

TO: City Council
FROM: Kyle Warsinski, Economic Development Manager
DATE July 19, 2022
SUBJECT: Resolution: Approving the Closing of a Purchase and Sale Agreement for Certain Land Exempt from the Surplus Land Act (APNs: Portions of 418-190-004 and 418-190-005) with Orum Capital

Background and Analysis:

On August 3, 2021, City Council approved a Purchase and Sale Agreement with Orum Capital for portions of certain properties as described therein, for the sum of $81,457.20. Upon execution of the agreement, staff initiated work to complete a lot line adjustment to reconfigure the City owned lots in order to meet the terms of the agreement. The lot line adjustment is being presented for City Council approval.

With the process nearing completion, the close of escrow on the property is quickly approaching. The attached resolution authorizes the City Manager or her designee to take any and all actions and execute any and all documents needed to consummate the transactions contemplated by the Purchase and Sale Agreement, including, but not limited to, executing the grant deed as contemplated by the Purchase and Sale Agreement and closing the escrow contemplated by the Purchase and Sale Agreement.

Fiscal Impact:

The proposed purchase and sale agreements would generate $81,457.20 in unobligated revenue to the general fund. Staff estimates annual general fund revenues from the property to be $10,000 to $20,000, which includes revenue from property tax, in-lieu Vehicle License Fees (VLF), and sales and use taxes.

Recommended Action:

Attachments:

A. Resolution: Approving the Closing of a Purchase and Sale Agreement for certain land exempt from the Surplus Land Act.

B. Purchase and Sale Agreement
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Item 12.

1 RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BEAUMONT, CALIFORNIA, APPROVING THE CLOSING OF A

PURCHASE AND SALE AGREEMENT FOR CERTAIN LAND

EXEMPT FROM THE SURPLUS LAND ACT

WHEREAS, City is a general law city and a municipal corporation of the State of California; and;

WHEREAS, on August 3, 2021 the City authorized staff to enter into a Purchase and Sale Agreement a copy of which is attached hereto as Exhibit “A” and incorporated herein by this reference with Orum Capital for certain real property as described therein for the sum of Eighty One Thousand Four Hundred and Fifty Seven Dollars and twenty cents ($81,457.20); and

WHEREAS, the Real Property was offered for sale pursuant to an exemption for landlocked land unsuitable for residential development under the Surplus Land Act (Government Code Section 54220 et seq.);

WHEREAS, the staff caused a Lot Line Adjustment to be recorded allowing the conveyance of the Real Property separate and apart from adjacent land; and

WHEREAS, the City Council now intends to authorize staff to consummate the transactions contemplated by the Purchase and Sale Agreement.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
BEAUMONT DOES RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:

SECTION 1. The City Council hereby ratifies the Purchase and Sale Agreement between the City of Beaumont and Orum Capital, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, subject to the terms and conditions stated therein.

SECTION 2 . The City Council hereby authorizes and directs the City Manager, or her designee to take any and all actions and execute any and all documents needed to consummate the transactions contemplated by the Purchase and Sale Agreement, including, but not limited to, executing the Grant Deed as contemplated by the Purchase and Sale Agreement and closing the escrow contemplated by the Purchase and Sale Agreement.

SECTION 3. That this Resolution shall take effect immediately upon adoption by the City Council.

PASSED, APPROVED AND ADOPTED at the regular meeting of the City Council of the City of Beaumont, California, held on the _____ day of __________, 2021, by the following roll call vote:

AYES:
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2 NOES:

ABSENT:

ABSTAIN:

CITY OF BEAUMONT CITY COUNCIL

____________________________
Lloyd White, Mayor

ATTEST:
____________________________
Nicole Wheelwright, City Clerk

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3 EXHIBIT “A”

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Staff Report

TO: City Council
FROM: Kyle Warsinski, Economic Development Manager
DATE July 19, 2022
SUBJECT: Resolution: Approving the Sale of Surplus Land (APNs 418-190-007, 418-140-028, 418-140-029, and Portions of 418-190-004 and 418-190- 005)

Background and Analysis:

The City of Beaumont owns property along Fourth Street, east of Beaumont Avenue/State Route 79, and is identified as Assessor's Parcel Numbers 418 -190-006, 418-190-007, 418-140-028, 418-140-029, and portions of 418-190-004 and 418-190- 005.

On December 7, 2021, the City Council approved a resolution de claring the properties listed in the Purchase and Sale Agreement as surplus land. On December 8, 2021, the City of Beaumont published a Notice of Availability in compliance with the Surplus Land Act. During the required 60-day notice period the City received no interest from affordable housing developers or other public agencies. On May 31, 2022, the City provided a Notice of Disposition to the State Department of Housing and Community Development (HCD). On a letter dated June 14, 2022, HCD approved the disposition of the properties and permits the sale of the properties in compliance with the Surplus Land Act (Attachment A). The Purchase and Sale Agreement contains a land use covenant which will be recorded on the land prior to the close of escrow consistent with the requirements of the Surplus Land Act.

The City Council authorized the City Manager to negotiate the sale of these properties to an interested buyer.

Section 3.03.020 of the Beaumont Municipal Code prescribes the process to dispose of real property. That section reads as follows:

The duties of the Purchasing Officer shall include the disposition of real property in any lawful manner provided that the sale is for the common benefit of the City's citizens. 163
Item 13.

The City Planning Commission shall prepare a report that indicates that disposition of the property conforms with the General Plan. A formal declaration that the property is surplus shall not be required.

On November 19, 2019, the Beaumont Planning Commission held a public hearing and voted to approve to receive and file the staff report indicating the disposition of the property is in conformance with the Beaumont General Plan.

Analysis:

The subject site consists of approximately 2.15 acres of vacant commercial land. The property is zoned Community Commercial and is designated as Community Commercial in the General Plan. The property can also be seen in the following materials attached to this staff report:
 General Plan Land Use Map (Attachment B)
 Zoning Map (Attachment C)
 Aerial Photograph (Attachment D)
As described above, the duties of the Purchasing Officer shall include the disposition of real property in any lawful manner provided that the sale is for the common benefit of the City's citizens. The sale of the property to the interested developer shall serve multiple benefits to the citizens of the City.

The potential buyer, 5th Street Development, LLC desires to purchase, entitle, and develop the property into a retail and service commercial development. The project will provide a potential for eating, shopping and service outlets for Beaumont residents and travelers passing by on the Interstate 10 Highway. A commercial project at this location will have opportunity to generate sales and use taxes which are placed in the general fund to help pay for critical City services. The development of these properties will also generate property tax revenue.

The purchase and sale agreement were prepared based on completed negotiations between the City Manager and the buyer. Main deal points contained within the agreement are as follows:

 Total Purchase price: $1,211,150
 Opening of escrow deposit: $65,000
 180 days investigation “due diligence” period
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 Allowance for up to three (3) 30-day extensions to the investigation period. The buyer shall pay $5,000 per extension

The property was appraised in September 2019. The buyers offer to purchase the property is at or above fair market value.

Fiscal Impact:

The proposed purchase and sale agreements would generate $1,211,150 in unobligated revenue to the general fund. Staff estimates annual general fund revenues from the property to be $30,000 to $40,000, which includes revenue from property tax, in-lieu Vehicle License Fees (VLF), and sales and use taxes.

Recommended Action:

Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Approving the Sale of Surplus Land.” Attachments:

A. HCD Approval to dispose letter
B. 4th Street Properties – General Plan
C. 4th Street Properties – Zoning Map
D. Aerial 4th Street Properties
E. Purchase and Sale Agreement
F. Resolution – Approving the Sale of Surplus Land
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Item 13.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
June 14, 2022
Kyle Warsinski, Economic Development Manager
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
Dear Kyle Warsinski:

RE: Written Comments Regarding the City of Beaumont’s Surplus Land Disposition Documentation for the Properties at Fourth Street (APNs 418- 140-28 and 29; 418-190-004 through 007).

Thank you for submitting your surplus land documentation, on behalf of the City of Beaumont (City), for review by the Department of Housing and Community Development (HCD). We received your complete documentation on May 31, 2022. This letter constitutes HCD’s initial written comments pursuant to Government Code section 54230.5 of the Surplus Land Act (SLA), for the properties located at APNs 418-140-28 and 29; 418-190-004 through 007, including provisional permission to proceed with the sale or lease.

According to your letter and included documents, a Resolution declaring the property to be surplus was issued on December 7, 2021, and Notices of Availability (NOA) were sent to all the required entities on December 8, 2021. During the required 60-day period, no affordable housing entity expressed interest in the properties. The City has also enclosed a draft affordability covenant to be recorded against the properties.

If the submitted documentation is complete and accurate, HCD determines that you have met all the requirements under the SLA for the purposes of disposing of the surplus land located at APNs 418-140-28 and 29; 418-190-004 through 007. The City is permitted to proceed with the sale or lease of the properties.

The City or its representatives may send any questions to [email protected].

Sincerely,
Jillian Burgos
Public Lands Manager
Housing Policy Development
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4th Street Properties
General Plan
Rural Residential
Single-Family Residential
Multi-Family Residential
General Commercial
Community Commercial
Industrial
Commercial Industrial Overlay
Urban Village Overlay
Beaumont Avenue Overlay
Public Facilities
Recreation and Conservation
9/30/2019, 11:41:15 AM 0 0.03 0.060.01 mi
0 0.05 0.10.03 km
1:2,257
City of Beaumont
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4th Street Properties
Zoning
Rural Residential
Residential Single-Family
Residential Multi-Family
Specific Plan Area
Commercial General
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1 RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BEAUMONT, CALIFORNIA, APPROVING THE SALE OF SURPLUS
LAND

WHEREAS, City is a general law city and a municipal corporation of the State of California; and;

WHEREAS, 5th Street Development, LLC has made an offer to purchase certain real property (“Real Property”) from the City for the sum of One Million Two Hundred Eleven Thousand One Hundred Fifty Dollars and no cents ($1,211,150.00) pursuant to a Purchase and Sale Agreement, a copy of which is attached hereto as Exhibit “A” and made a part hereof by this reference; and

WHEREAS, the Real Property was offered for sale pursuant to the process required by the Surplus Land Act (Government Code Section 54220 et seq.) and subject to the requirements thereof including, but not limited to the recordation of a recorded covenant regarding affordable housing;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
BEAUMONT DOES RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:

SECTION 1. The City Council hereby approves the Purchase and Sale Agreement between the City of Beaumont and 5th Street Development, LLC, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, subject to the terms and conditions stated therein.

SECTION 2 . The City Council hereby authorizes and directs the City Manager, or her designee to execute the Purchase and Sale Agreement on behalf of the City, and to take any and all actions and execute any and all documents needed to consummate the transactions contemplated by the Purchase and Sale Agreement, including, but not limited to, executing the Grant Deed as contemplated by the Purchase and Sale Agreement and closing the escrow contemplated by the Purchase and Sale Agreement.

SECTION 3. That this Resolution shall take effect immediately upon adoption by the City Council.

PASSED, APPROVED AND ADOPTED at the regular meeting of the City Council of the City of Beaumont, California, held on the _____ day of __________, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

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2 ABSTAIN:

CITY OF BEAUMONT CITY COUNCIL

____________________________
Lloyd White, Mayor

ATTEST:
____________________________
Nicole Wheelwright, City Clerk

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3 EXHIBIT “A”

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Staff Report

TO: City Council
FROM: Jeff Hart, Public Works Director
DATE July 19, 2022
SUBJECT: Agreement with Union Pacific Railroad for Construction of New Signals and an Expanded Railroad Crossing on Pennsylvania Avenue in an Amount Not to Exceed $1,069,018; and Future Annual Maintenance Fees in the Amount of $21,550 Per Year

Background and Analysis:

The Pennsylvania Avenue Widening project is currently advertised for construction bids.

Part of this project includes widening the section of roadway that crosses Union Pacific Railroad (UPRR) right-of-way. As such, the City has coordinated with UPRR for the necessary upgrades to the signals and widening of the existing railroad crossing.

Working together with the City, UPRR has developed costs estimates for these upgrades that they will need to construct within their right-of-way in order to adapt to the City’s proposed widening of Pennsylvania Avenue. UPRR has also developed fee estimates to grant rights to the City for construction, maintenance, and repair of the expanded roadway within UPRR right-of-way.

UPRR has submitted the attached Public Highway At-Grade Crossing Agreement which outlines the following costs to be paid by the City:
 $173,000 to grant rights to the City to construct, maintain, and repair the expanded roadway
 $896,018 for construction of the upgraded signals and expanded railroad crossing surface improvements
 $18,530 per year in annual signal maintenance fees after the project is constructed
 $3,020 per year in annual surface maintenance fees after the project is constructed

The proposed grant rights fee will be paid to UPRR upon approval of the agreement.

Construction amounts will be paid on a percent complete basis during construction of 193
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the Pennsylvania Avenue W idening Project. The annual maintenance fees will go into effect after the project is constructed. Together the total amount of the agreement is $1,069,018 in direct costs, and $21,550 in annual maintenance fees.

The City and UPRR worked collaboratively on the attached agreement. The City Attorney’s office has reviewed and approved the agreement.

Project Accounting Update:

Table 1 - 2017-009 Project Accounting Summary
2017-009 Project Accounting Summary
Funding Source: TUMF Total CIP Budget $4,018,000
Project Components
Current Budget
Amount
Paid to Date Remaining
Project Management $22,537.44 $22,537.44 $0.00
Project Contingency
Preliminary Services
Preliminary Services Contingency
Environmental $163,976.00 $156,655.35 $7,320.65
Environmental Contingency
Design $547,781.00 $420,276.52 $127,504.48
Design Contingency
Construction
Construction Contingency
Construction Management
Construction Management
Contingency

Permits $33,165 $27,617.16 $5,547.84
Equipment
Miscellaneous $50.00 $50.00 $0.00
Unallocated CIP Budget $3,250,490.56 $0.00 $3,250,490.56 Project Summary Totals $4,018,000 $627,136.47 $3,390,863.53

Fiscal Impact:

The cost to prepare the staff report is approximately $300.

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The agreement with UPRR in amount not to exceed $1,069,018 will be paid from the CIP project account number 2017-009. Future annual maintenance fees will be paid from the General Fund.

Recommended Action:

Attachments:

A. Union Pacific Railroad (UPRR) agreement

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1 UP Real Estate Project No.: 0705327

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Pennsylvania Avenue
760688Y
563.07 – Yuma Subdivision
Beaumont, Riverside County, California

THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of ___________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and CITY OF BEAUMONT, a municipal corporation or political subdivision of the State of California to be addressed at 550 East Sixth Street, Beaumont, California 92223 ("Political Body").

RECITALS:

Presently, the Political Body utilizes the Railroad’s property for the existing at grade public road crossing over Pennsylvania Avenue, DOT Number 760688Y at Railroad’s Milepost 563.07 on Railroad’s Yuma Subdivision at or near Beaumont, Riverside County, California.

The Political Body now desires to undertake as its project (the “Project”) the reconstruction and widening of the existing at grade public road crossing, installation of a sidewalk, and addition of raised medians. The road crossing, as reconstructed and widened is hereinafter the “Roadway.”

The Railroad right of way being utilized for the existing at grade public road crossing is not sufficient to allow for the reconstruction and widening of the Roadway.

Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway, installation of a sidewalk, and addition of raised medians. The portion of Railroad’s property that Political Body needs to use in connection with the Roadway (including the right of way being utilized for the existing at grade crossing) is shown on the Railroad’s survey print marked Exhibit A and shown on the Political Body’s type, size and location print marked Exhibit A-1, with each exhibit being attached hereto and hereby made a part hereof (the “Crossing Area”).

In support of its Project, the Political Body has requested the Railroad’s cooperation in connection with upgrading grade crossing protection devices. Said work is to be performed at the sole expense of Political Body.

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2 The Railroad and the Political Body are entering into this Agreement to cover the above.

AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:

Section 1. EXHIBIT B

The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof.

Section 2. RAILROAD GRANTS RIGHT

For and in consideration of the sum of ONE HUNDRED SEVENTY THREE THOUSAND DOLLARS ($173,000.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area.

Section 3. DEFINITION OF CONTRACTOR

For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority.

Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE

A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to:

• execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and
• provide such insurance policies, certificates, binders and/or endorsements to the Railroad.

B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. 197
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3 Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein.

C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:

Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP Project No. 0705327

D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval.

Section 5. FEDERAL AID POLICY GUIDE

If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.

Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD

The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project.

Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS

A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dated April 12, 2021, and January 10, 2022, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates, the Railroad's estimated cost for the Railroad's work associated with the Project is Eight Hundred Ninety Six Thousand Eighteen Dollars ($896,018.00).

B. The Railroad, if it so elects, may recalculate and update the Estimates submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within six (6) months from the date of the Estimates.
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4 C. The Political Body acknowledges that the Estimates may not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing.

D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within one hundred eighty (180) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed.

E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates.

Section 8. PLANS

A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances.

B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.

C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.

D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes 199
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5 no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor.

Section 9. NON-RAILROAD IMPROVEMENTS

A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.

B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators.

Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities.

Section 10. EFFECTIVE DATE; TERM; TERMINATION

A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property.

B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date.

C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in 200
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6 connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans.

Section 11. CONDITIONS TO BE MET BEFORE

POLITICAL BODY CAN COMMENCE WORK

Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until:

(i) The Railroad and Political Body have executed this Agreement.

(ii) The Railroad has provided to the Political Body the Railroad’s written approval of the Plans.

(iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.

(iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.

Section 12. FUTURE PROJECTS

Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions.

Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS

A. Political Body shall not assign this Agreement without the prior written consent of Railroad.

B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body.

Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009

If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political 201
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7 Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement.

Section 15. TERMINATION OF ORIGINAL AGREEMENT

Upon the completion of the Roadway, the Original Agreement shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway.

Section 16. ANNUAL SIGNAL MAINTENANCE FEE

A. Effective as of three years from effective date of this Agreement or the date of installation and/or the in-service date of the new and/or improved or existing Grade Crossing Signal System(s) ("Signal System”), the Political Body, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Eighteen Thousand Five Hundred Thirty Dollars ($18,530.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the Signal System that is installed at the Roadway. The annual signal maintenance fee is calculated as shown on the attached Exhibit E, attached hereto and made a part hereof.

B. The above annual signal maintenance fee for Railroad's maintenance of the Signal System is based on the number of current signal units installed at the Roadway. If the Signal System is improved and/or altered in any way, the Political Body must notify the Railroad in writing and the annual signal maintenance fee will be increased at a rate based on the American Railway Engineering and Maintenance of Way Association (AREMA) signal unit cost index. If the Political Body fails to notify Railroad of any improvement or alteration to the Signal System, the Railroad may increase the annual signal maintenance fee at a rate based on the AREMA signal unit cost index any time after the date of installation and/or improvement of the Signal System. The signal unit base for the annual signal maintenance fee may also be re-determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual signal maintenance fee was last determined or established. Any such changes in the annual signal maintenance fee referenced in Article 2 may be made by means of automatic adjustment in billing.
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8 Section 17. SURFACE MAINTENANCE

The Railroad shall maintain the crossing between the track tie ends at Political Body’s expense. Political Body agrees to pay to Railroad the sum of Three Thousand Twenty Dollars ($3,020.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the crossing area between track tie ends located within the Crossing Area. See Exhibit C. The Political Body, at its expense, shall maintain and repair all portions of the Roadway approaches that are not within the area between lines two (2) feet outside of the rails of each track. See lower left hand corner of Exhibit C.

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written.

UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)

By: _________________________________
Printed Name: ________________________
Title: ________________________________

CITY OF BEAUMONT

By: ________________________________
Printed Name: ________________________
Title: ________________________________

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EXHIBIT A
TO

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT

Exhibit A will be a survey print showing the Crossing Area (see Recitals)

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EXHIBIT A-1
TO

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT

Exhibit A-1 will be the type, size and location print showing the Crossing Area (see Recitals)
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PENNSYLVANIA AVEUPRR TRACKS
UPRR
NOTESLEGEND 1/2"BYMARKAPPR.DATEENGINEERCITYDESCRIPTIONDATESTEPHANIE LAM, P.E.R.C.E. NO. 85688SEALDESIGN BY:DRAWN BY:CHECKED BY:SCALE:DATE:JOB NUMBER:FILE NO:OF 28 SHEETS®Know what's below. Call before you dig.INTERSECTION DETAILPENNSYLVANIA AVE AT GRADE CROSSING LAYOUTCONSTRUCTION NOTESDETAIL "A"DECOMPOSED GRANITEAT CURB - NTS207Item 14.

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
1 EXHIBIT B
TO

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT

SECTION 1. CONDITIONS AND COVENANTS

A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.

B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.

C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof.

The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties.

D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment.

E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property.

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2 F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad.

SECTION 2. CONSTRUCTION OF ROADWAY

A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.

B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.

C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad.

D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor.

SECTION 3. INJURY AND DAMAGE TO PROPERTY

If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the 209
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3 Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.

SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK

The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract.

SECTION 5. MAINTENANCE AND REPAIRS

A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at Political Body’s expense.

B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timer planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement.

SECTION 6. CHANGES IN GRADE

If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage.

SECTION 7. REARRANGEMENT OF WARNING DEVICES

If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.

SECTION 8. SAFETY MEASURES; PROTECTION

OF RAILROAD COMPANY OPERATIONS

It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the 210
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4 same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards:

A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property.

B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad.

C. Flagging.

(i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement.

(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for 211
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5 vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed.

One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges.

(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.

D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses.

The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
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6 E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.

F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations.

G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.

H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.

I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property.

The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. 213
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7 J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity.

K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities.

L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement.

M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises.

SECTION 9. INTERIM WARNING DEVICES

If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed.

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8 SECTION 10. OTHER RAILROADS

All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities.

SECTION 11. BOOKS AND RECORDS

The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body.

SECTION 12. REMEDIES FOR BREACH OR NONUSE

A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof.

B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder.

C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination.

SECTION 13. MODIFICATION - ENTIRE AGREEMENT

No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.

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Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT C

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT

Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimates.

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Material And Force Account Estimate

CITY OF BEAUMONT
Estimate Creation Date: 04/12/2021 Number: 133708 Version: 1 Estimate Good Until 04/12/22
Location: YUMA SUB, SIMN, 620.21-636.93
Buy America: Yes
Description of Work: BEAUMONT, CA, PENNSYLVANIA AVENUE, M.P. 563.07, YUMA SUBDIVISION, DOT#760688Y, WO#58372, PID#106844 (100% RECOLLECTABLE)
COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL
Cost
SIGNAL
Xing - Engineering Design 1 LS 15,129.00 15,129 0 15,129 M.P. 563.07 - XING Xing - 1 Trk CWE w/Four Quad
Gates
1 EA 192,474.00 67,200 125,274 192,474
M.P. 563.07 - XING Xing - Track Card (Main and
Stand-by) New Cable
1 EA 12,889.00 6,000 6,889 12,889
M.P. 563.58 - REMOTE Xing - 2 Trk Remote CWE and
House
1 EA 75,404.00 21,200 54,204 75,404
M.P. 563.58 - REMOTE Xing - IXS Track Circuit 2 EA 14,951.00 11,072 18,830 29,902 M.P. 563.58 - REMOTE Xing - Dax Cable 1000'2 EA 6,440.00 8,000 4,880 12,880 Xing - Boring 1 LS 10,000.00 0 10,000 10,000
C-MIPP Xing - Misc.1 LS 30,000.00 0 30,000 30,000
10% LABOR CONTINGENCY Xing - Misc.1 LS 37,752.80 37,753 0 37,753 Xing - Remove Location 1 LS 2,000.00 2,000 0 2,000
Xing - Remove Location (Gates)1 LS 2,000.00 2,000 0 2,000 FEDERAL 184.71% (SIG)Xing - Labor Additive 1 LS 244,927.31 244,927 0 244,927 Sub-Total = 415,281 250,077 665,358
Totals = 415,281 250,077 665,358
Grand Total = $665,358
This is a preliminary estimate, intended to provide a ballpark cost to determine whether a proposed project warrants further study. This estimate is not to be used for budget authority. Quantities and costs are estimated using readily available information and experience with similar projects. Site conditions and changes in project scope and design may result in significant cost variance. ____________________________________________________________________________________________________________________________________ Monday, April 12, 2021 Page 1 of 1
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Material And Force Account EstimateBeaumontEstimate Number: 132346 Version: 1Standard Rates: Labor Additive = 222.97%Estimate Good Until 01/10/23Location: YUMA SUB, NO 1, 563.05-563.09Description of Work: 760688Y Pennsylvania Ave Beaumont CA 563.07 Yuma SubPrepared For: BeaumontBuy America: YesCOMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100ENGINEERING Engineering1LS25,129.0025,129025,129025,129 Bill Prep Fee - Track Surface RECOLLECT1LS900.0009009000900 Homeline Freight - Track Surface RECOLLECT1LS900.0009009000900 Foreign Line Freight - Track Surface RECOLLECT1LS1,542.9201,5431,54301,543Sub-Total = 25,129 3,343 28,472 0 28,472TRACK CONSTRUCTION - COMPANY Mobilization: Company1DA11,450.0011,450011,450011,450RDXINGRDXING 136# CONC W/SL3 10' CTIES80TF629.7928,93721,44650,383050,383TRACK136# CWRIS0 24-8'6" PPHWD N 16 TP160TF575.0264,88227,12092,002092,002COMPJTTransition Rail - 136#2PR6,819.496,7646,87513,639013,639Sub-Total = 112,034 55,441 167,474 0 167,474TRACK REMOVAL - COMPANYRDXINGRemove road crossing - concrete80TF87.346,98806,98806,988TRACKRemove Track160TF32.665,22605,22605,226Sub-Total = 12,214 0 12,214 0 12,214SITE WORK - CONTRACT Traffic Control - Detour Signs & Coordination1LS10,000.00010,00010,000010,000 Asphalt: Saw Cut1LS2,500.0002,5002,50002,500Sub-Total = 0 12,500 12,500 0 12,500EQUIPMENT RENTAL Equipment Rental4LS2,500.00010,00010,000010,000Sub-Total = 0 10,000 10,000 0 10,000Total Wgt. in Tons = 895 Totals = 149,376 81,284 230,660 0 230,660Grand Total = $230,660Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, Beaumont will pay actual construction costs at the current rates effective thereof. _________________________________________________________________________________________________________________________________________________________________________ Monday, January 10, 2022 Page 1 of 1218Item 14.

Contractor's Right of Entry Public Projects
Form Approved 06/01/2021

1 EXHIBIT D
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT

THIS AGREEMENT is made and entered into as of the ______ day of _______________________, 20______, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and ___________________________________________________, a ______________________ corporation ("Contractor").

RECITALS:

Contractor has been hired by ___________________________________________________ to perform work relating to __________________________________________________________ (the “Work”) with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost __________ on Railroad's ______________________________ [Subdivision or Branch] [at or near DOT No. _______________ located at or near ____________, in _______________ County, State of ______________, as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated ___________________ between Railroad and _____________________________________.

Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement

AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows:

ARTICLE 1 - DEFINITION OF CONTRACTOR.

For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence.

ARTICLE 2 - RIGHT GRANTED; PURPOSE.

Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4.

ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B and C.

The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement.

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2 ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE.

A. Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement.

B. Contractor shall coordinate all of its Work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"):

___________________________________
___________________________________
___________________________________
___________________________________

C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative.

ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.

The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad’s property.

ARTICLE 6 - TERM; TERMINATION.

A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until __________________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property.

B. This agreement may be terminated by either party on ten (10) days written notice to the other party.

ARTICLE 7 - CERTIFICATE OF INSURANCE.

A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement.

B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry.

C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance 220
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Contractor's Right of Entry Public Projects
Form Approved 06/01/2021

3 carrier evidencing the insurance coverage required under Exhibit B.

D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement.

E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to:

Union Pacific Railroad Company
1400 Douglas Street, Stop 1690
Omaha, NE 68179
Attn: Manager
Project No. 0705327

ARTICLE 8 - PRECONSTRUCTION MEETING.

If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.)

ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE.

At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property.

ARTICLE 10. ADMINISTRATIVE FEE.

Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement.

ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.

A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad.

B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.

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4 ARTICLE 12.- EXPLOSIVES.

Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY

By: ________________________________

Title: _______________________________

_________________________________
(Name of Contractor)

By: ______________________________

Name: ____________________________

Title: _____________________________

Phone: ____________________________

E-Mail: ____________________________

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EXHIBIT A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT

Exhibit A will be a print showing the general location of the work site.

223
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1 EXHIBIT B
TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.

A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track.

B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures.

C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion.

D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing.

E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement.

F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is 225
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2 paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad.

Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED

A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.

Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.

A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative.

Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.

B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor.

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3 Section 4. LIENS.

Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed.

Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.

Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable.

Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished.

B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR

SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS,

LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES,

COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2)

ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY

TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST

RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE

OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY

USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY.

Section 6. PERMITS - COMPLIANCE WITH LAWS.

In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations.

Section 7. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work.

Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address (“Railroad’s Safety Standards”) to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor 227
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4 determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property.

http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdf

B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.

C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work.

D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan.

Section 8. INDEMNITY.

A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL

INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY,

CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S,

CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY,

CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT

OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY

ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR.

B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON

OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY

NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS

CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY.

C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES.

CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8.

CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO.

D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY 228
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5 WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY

TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY.

E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO

LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW.

Section 9. RESTORATION OF PROPERTY.

In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon.

Section 10. WAIVER OF DEFAULT.

Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default.

Section 11. MODIFICATION - ENTIRE AGREEMENT.

No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor.

Section 12. ASSIGNMENT - SUBCONTRACTING.

Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.

229
Item 14.

1 EXHIBIT C
TO

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT

Union Pacific Railroad Company
Insurance Requirements For
Contractor’s Right of Entry Agreement

During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage:

A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule.

B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos).

The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.

C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence 230
Item 14.

2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED

TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.

E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.

F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.

If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.

If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.

Other Requirements

G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC

RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed.

I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance.

J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement.
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3 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed.

L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.

232
Item 14.

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT E
TO

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT

Exhibit E will be the annual signal maintenance fee.
233
Item 14.

FOR PID #106844

STREET PENNSYLVANIA AVENUE

TOWN BEAUMONT, CA
MILEPOST 563.07

SUBDIVISION YUMA
AAR/DOT NO.760688Y
WORK ORDER#58372

DESCRIPTION VALUE QUANTITY UNITS
NON-CODED TRK. CIRCUIT 2 0
(Standalone AFTAC or Ring 10)
SUPERIMPOSED CIRCUIT(AFTAC) / 2 0

DETECTION LOOP
HIGHWAY GRADE CROSSING SIGNAL 2 8(FRONT LIGHTS)
ADDITIONAL PAIR OF LIGHTS 1 4
(OTHER THAN FRONT LIGHTS)
GATE MECHANISM, AUTOMATIC 8 32WITH ARM UP TO 26 FT
GATE MECHANISM, AUTOMATIC 10 0
WITH ARM OVER 26 FT
GCP/HXP (constant warning device, per track circuit)15 60 EXIT GATE MANAGEMENT SYSTEM RACK*10 0
MOVEMENT DETECTOR (PMD)6 0
MOVEMENT DETECTOR (STANDBY UNIT)3 0
RADIO DATA LINK, PER UNIT 1 0
PREEMPTION CIRCUIT 2 0
DATA RECORDER 1 0
REMOTE MONITORING DEVICE (SEAR, ETC)*2 2
BONDED RAIL JOINTS (per mile, each rail, single bonded)1 0 BATTERY AND CHARGER (per set)1 3 3
TOTAL UNIT COUNT 109
PAVEMENT RESTORATION COSTS (Actual)
Annual Maintenance Cost at $170/Unit $18,530
*UP supplied Unit Value
April 12, 2021
0 0
0 1
0 4
0 4
0 0
0 4

AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS

ESTIMATED MAINTENANCE COSTS

BY THE UNION PACIFIC RAILROAD
0 0
4 234
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Staff Report

TO: City Council
FROM: Jeff Hart, Public Works Director
DATE July 19, 2022
SUBJECT: Third Amendment to the Professional Services Agreement with Kimley Horn for the Pennsylvania Avenue Widening Project, in an Amount Not to Exceed $131,615

Background and Analysis:

In September 2017, the City Council approved a Professional Services Agreement with Kimley Horn for the design of the Pennsylvania Avenue Widening project . Two additional design contract amendments were approved respectively in January and November of 2018, bringing the total design contract to $405,241. Under these approved funds the Pennsylvania Avenue Widening Project was designed and is currently advertised for construction bid.

During construction, additional services will be required from the design engineer.

These additional construction services are described as follows:
 Caltrans coordination – In support of the Caltrans permit, Caltrans requires a Design Standard Decision Document (DSDD) be submitted to document design conditions within the Caltrans right-of-way. Caltrans also requires a Permit Engineering Evaluation Report (PEER) be submitted which includes traffic modeling data.
 Bidding and construction services – Updates and revisions to the plans and specifications in response to bid questions. Technical review of some construction submittals, and revisions to the plans and specifications during construction as a result of potential RFI’s and change orders.  Preparation of Record Documents – Final “as-built” construction drawings created at the completion of construction.

A third amendment to the current professional services agreement with Kimley Horn is recommended to allow the design engineer to provide these required services during the construction of the Pennsylvania Avenue Widening Project. 235
Item 15.

Project Accounting Update:

Table 1 - 2017-009 Project Summary
2017-009 Project Summary
Funding Source: TUMF Total CIP Budget $4,018,000
Project Components
Current Budget
Amount
Paid to Date Remaining
Project Management $22,537.44 $22,537.44 $0.00
Project Contingency
Preliminary Services
Preliminary Services Contingency
Environmental $163,976.00 $156,655.35 $7,320.65
Environmental Contingency
Design $547,781.00 $420,276.52 $127,504.48
Design Contingency
Construction
Construction Contingency
Construction Management
Construction Management
Contingency

Permits $33,165 $27,617.16 $5,547.84
Equipment
Miscellaneous $50.00 $50.00 $0.00
Unallocated CIP Budget $3,250,490.56 $0.00 $3,250,490.56 Project Summary Totals $4,018,000 $627,136.47 $3,390,863.53

Table 2 - 2017-009 Kimley Horn Cost Summary
2017-009 Kimley Horn Cost Summary
Total Amount Amount Remaining
Current Design Contract $405,241.00 $10,983.12
Proposed Amendment #3 $131,615.00 $131,615.00
New Proposed Contract $536,856.00 $142,589.12

Fiscal Impact:

The cost to prepare the staff report is approximately $250. 236
Item 15.

The third amendment to the professional services agreement in an amount not to exceed $131,615 for the Pennsylvania Avenue Widening Project will be paid from the CIP project account number 2017-009.

Recommended Action:

Approve a third amendment to the professional services agreement with Kimley Horn for the Pennsylvania Avenue Widening Project, in an amount not to exceed $131,615.

Attachments:

A. Third Amendment to PSA with Kimley Horn
B. Kimley Horn Scope and Fee

237
Item 15.

THIRD AMENDMENT

TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BEAUMONT

AND KIMLEY HORN FOR PROFESSIONAL ENGINEERING SERVICES FOR PENNSYLVANIA AVENUE WIDENING (CIP 2017-009)

THIS THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the ____ day of _______, 2022, by and between the CITY OF BEAUMONT, a general law city, (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and KIMLEY HORN, a corporation whose address is 1100 W. Town and Country Rd., Suite 700, Orange, CA 92868 (“CONTRACTOR”) in consideration of the mutual promises and purpose contained herein, the parties agree as follow:

1. RECITALS

This Third Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:

A. On September 19, 2017, the City and KIMLEY HORN, entered into that certain agreement entitled “Agreement for Professional Services by Independent Contractor” for DESIGN SERVICES FOR THE PENNSYLVANIA AVENUE WIDENING PROJECT (“Agreement”).

B. City has requested a further change in scope to the work under the Agreement regarding Caltrans coordination and construction services and CONTRACTOR has requested that the scope of work should be increased as provided in the Proposal dated June 17, 2022, a copy of which is attached hereto as Exhibit “A”, and incorporated herein by this reference.

2. AMENDMENT

Section 2 of the Agreement is hereby amended to add to the Services those services identified in the Proposal attached hereto as Exhibit “A”.

Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under previous Amendments, compensation was set at four hundred five thousand, two hundred forty-one dollars ($405,241). Per this Third Amendment, compensation is increased by the maximum amount of one hundred thirty-one thousand, six hundred fifteen dollars ($131,615) as provided in the Proposal attached hereto as Exhibit “A” resulting in total compensation under the Agreement not to exceed five hundred thirty-six thousand, eight hundred fifty-six dollars ($536,856).

The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.
238
Item 15.

IN WITNESS WHEREOF, the parties hereby have made and executed this Second Amendment to Professional Services Agreement to be effective as of the day and year first above-written.

CITY:

CITY OF BEAUMONT

By: ________________________________
Lloyd White, Mayor

ATTEST

City Clerk

APPROVED AS TO FORM

John Pinkney, City Attorney
CONTRACTOR:

___KIMLEY_HORN________________

By: ______________________________

Print Name: _______________________

Title: _____________________________

239
Item 15.

EXHIBIT “A”

PROPOSAL DATED June 17, 2022
240
Item 15.

kimley-horn.com 1100 W. Town and Country Rd., Suite 700, Orange, CA 92868 714 939 1030 June 17, 2022
Dustin Christensen, P.E. – Principal Engineer
City of Beaumont - Department of Public Works
550 E. 6th Street,
Beaumont, CA 92223
RE: Pennsylvania Avenue Widening from 1st Street to 6th Street – Amendment No. 3 for Pennsylvania Ave – Caltrans Approvals, Bid Phase Support, and Construction Phase Support
Dear Mr. Christensen:

Kimley-Horn and Associates, Inc. (Kimley-Horn) is pleased to submit this request to the City of Beaumont (City) to provide construction phase services for the Pennsylvania Avenue Widening Improvements Project. Our understanding, scope of services, and fee to perform these services are below.

Understanding
Kimley-Horn completed the final engineering design that is being advertised for construction bidding. This scope of work encompasses support for the bidding and construction phases for items related to the design that Kimley-Horn has previously provided. Support for bidding and construction are not included in our current scope of work.

In addition, Caltrans has requested items that were not approved in our original scope of work.

These will be provided during the subsequent phases along with design addendums, if necessary.

Scope of Services
Task A28 – Design Standard Decision Document (DSDD)
Provide documentation of non-standard features within Caltrans right-of-way. This entails preparation of one Caltrans standard format DSDD for underlined and bold design exceptions.

We anticipate documenting up to four non-standard features encompassing access control, lane widths, shoulder widths, and corner sight distance. Documenting existing nonstandard features that are not impacted by the Project are excluded from this scope of services, including but not limited to, side slopes, minimum vertical curve length, and interchange spacing.

Deliverables: Draft DSDD, Final DSDD
241
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Mr. Christensen
June 17, 2022

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Deliverables: Draft PEER, Final PEER
Task A30 – Incorporate Caltrans PS&E Comments
Incorporate Caltrans comments on the Plans, Specifications and Opinion of Probable Construction Cost (OPCC). We assume up to two rounds of comments with one consolidated list of comments for each round of reviews.

Deliverables: Updated Plans, Specifications and OPCC
Task A31 – Bidding Services
At the conclusion of the bidding phase, provide one conformed set of plans and specifications for use in constructing the project. The Issue for Construction (IFC) conformed plans and specifications will reflect changes made during bidding and will be noted as a revision to the final design plans. The revisions implemented into the conformed set will be based on information provided by the City as a result of their responses and coordination of RFI’s, addendums, and clarifications during bidding. Redesign of project elements is not included. Since the magnitude of updates is unknown, we have allocated up 46 hours for support of this task.

Deliverables: IFC plans and specifications in PDF format Task A32 – Engineering Construction Services
Provide engineering support during the construction phase as follows:
Respond to Requests for Information (RFIs) from the contractor. We have assumed up to 10 RFI responses will be provided.
Prepare supplementary sketches and details to resolve field construction issues that may be encountered. These may be incorporated into the design documents as addendums. We have assumed up to a total of five sketches and details. Review shop drawing and materials submittals. We have assumed up to a total of five shop drawings/materials submittals will be reviewed.
Review and provide recommendations regarding proposed change orders. Up to four change order reviews will be provided.
Attend one pre-construction meeting and additional office or construction site meetings during construction. We will attend up to five meetings total. 242
Item 15.

Mr. Christensen
June 17, 2022

Page 3 of 5 ends

The construction contract will require the contractor to provide to the City for review and approval one set of record drawings showing the design changes and field modifications made during construction. Kimley-Horn will prepare Record Drawings by electronically incorporating the contractor markups. Since the effort associated with the extent of contractor markups is unknown at this time, we have provided up to 50 hours total to incorporate.

Deliverables: Record drawing files saved in AutoCAD .dwg and .pdf formats Assumptions & Exclusions
Bidding schedule is two months. Construction schedule is nine months. Construction will be complete by July 2023.
The City will coordinate with Caltrans regarding submittals, status, resolution of comments and other related coordination as part of the PEER and encroachment permit process.

The City will also compile all the PEER attachments that are completed by others (i.e. environmental studies, etc.) and submit to Caltrans.
If Caltrans ultimately requires the Design Engineering Evaluation Report (DEER), we will need to revise our effort.
Geotechnical support is excluded.
Field surveys and staking is excluded.
Additional project features and improvements to existing freeway ramps outside of the limits shown on the IFB plans are not included (addition of CHP turnouts, maintenance turnouts, drainage, signing and striping, etc.).
We assume no impact to the existing freeway undercrossing structure from Caltrans comments. Structural design or analysis of this bridge is not included. We anticipate no major changes to the design as a result of Caltrans comments. The preparation of a Storm Water Data Report, Water Pollution Control Plan, Traffic Management Plan, Traffic Impact Report, and Intersection Control Evaluation is excluded from this scope of services.
Visits to Site and Observation of Construction. Consultant will make visits as directed by Client in order to observe the progress of the work. Such observations will not be exhaustive or extend to every aspect of Contractor's work. Observations will to be limited to spot checking, selective measurement, and similar methods of general observation.

Based on information obtained during site visits, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep Client informed of the general progress of the work. Consultant will not supervise, direct, or have control over Contractor's work, nor shall Consultant have authority to stop the Work or have responsibility for the means, methods, techniques, equipment choice and usage, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for any failure of Contractor to comply with any laws. Consultant does not guarantee the performance 243
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Mr. Christensen
June 17, 2022

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kimley-horn.com 1100 W. Town and Country Rd., Suite 700, Orange, CA 92868 714 939 1030 K:\ORA_RDWY\194018002 - Pennsylvania Ave Widening\Contract & Billings\Amendments\Amend 03 - Construction Support, DSDD, DEER\2022-06-17 Penn Widening Amend 3.docx
of any Contractor and has no responsibility for Contractor's failure to perform its work in accordance with the Contract Documents.
Recommendations with Respect to Defective Work. Consultant will recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of its observations, Consultant believes that such work will not produce a completed Project that generally conforms to the Contract Documents. Clarifications and Interpretations. Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents. Any orders authorizing variations from the Contract Documents will be made by Client.
Change Orders. Consultant may recommend Change Orders to the Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor.
Shop Drawings and Samples. Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs.
Substitutes and "or-equal." Consultant will evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents.
Inspections and Tests. Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate, and may receive and review certificates of inspections within Consultant’s area of responsibility or of tests and approvals required by laws or the Contract Documents. Consultant’s review of certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not be an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents.

Consultant shall be entitled to rely on the results of such tests. Limitations of Responsibility. Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the work. Consultant shall not have responsibility to stop or direct the work of any Contractor or resolve disagreements between Client and Contractor. Consultant will, if requested by Client, render written decision on claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents. In rendering decisions, Consultant shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith.
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Mr. Christensen
June 17, 2022

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Closure
If you concur in all the foregoing and wish to direct us to proceed with the services, please forward the appropriate contract document for our review and execution. This proposal is valid for sixty (60) days after the date of this letter.

We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.

Very truly yours,
Darren Adrian, P.E. (No. 53031)
Project Manager
Attachments:

Not-to-Exceed Fee Estimate
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City of Beaumont
Pennsylvania Avenue Widening
1st Street to 6th Street
Amendment 03 Not-to-Exceed Fee
06/17/2022
PIC Project
Manager
QA/QC
Sr. Prof Prof II Prof I Analyst II Analyst I
Support
Staff
Schedule = 11 Months
Hourly Billing Rate $360.00 $360.00 $305.00 $190.00 $170.00 $155.00 $135.00 $115.00 Total Hours Labor Cost Total Cost Task A28 Design Standard Decision Document (DSDD)17 42 84 42 5 190 $ 35,465.00 $ 35,465.00 Task A29 Permit Engineering Evaluation Report (PEER)6 20 10 5 41 $ 8,235.00 $ 8,235.00 Task A30 Incorporate Caltrans PS&E Comments 12 55 38 10 30 145 $ 26,830.00 $ 26,830.00 Task A31 Bidding Services 6 18 18 4 46 $ 8,830.00 $ 8,830.00 Task A32 Engineering Construction Services 33 8 88 6 20 12 167 $ 36,540.00 $ 36,540.00 Task A33 Preparation of Record Documents (Record
Drawings)4 16 30 50 $ 8,530.00 $ 8,530.00
78 8 239 138 90 60 26 639
Subtotals -$ 28,080$ 2,440$ 45,410$ 23,460$ 13,950$ 8,100$ 2,990$ $ 124,430 $ 124,430 Expenses (as a percentage of labor fees)3.50% $ 4,355 Labor Escalation $ 2,830
$ 131,615
Kimley-Horn Staff

TOTAL HOURS

TOTAL COST
Note: Kimley-Horn will not exceed the total maximum fee shown without authorization from the Client. Individual task amounts and hours for stated classifications are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. 1 of 1
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EXHIBIT "A"
Executed Second Amendment Professional Services Agreement with Kimley-Horn and Associates, Inc. 247
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Staff Report

TO: City Council
FROM: Jeff Hart, Public Works Director
DATE July 19, 2022
SUBJECT: Second Amendment to the Professional Services Agreement with IDC Consulting Engineers, Inc. for the Pennsylvania Grade Separation Project, in an Amount Not to Exceed $1,294,849

Background and Analysis:

On June 19, 2018, City Council approved a Professional Services Agreement with IDC Consulting Engineers, Inc. (IDC) for the design of 35% complete plans for the Pennsylvania Avenue Grade Separation Project (Project) for a total contract price of $617,854. A contract amendment was approved on September 4, 2018, to incorporate a survey needed for the “shoofly” tracts which will allow the railroad to detour its alignment around the Project site bringing the total contract amount to $630,084. Under these approved funds the Project was designed to 35% and has sat idle until additional funds to complete the design were procured.

Amidst significant growth and several extended delays associated with the at-grade crossing at Pennsylvania Avenue, City Council approved a resolution adopting the Five- Year Capital Improvement Plan for FY 22/23-26/27 and Related Prior Year CIP Project List on June 21, 2022, which included an additional $750,000 intended to complete the design for the Project. The additional $750,000 approved in the FY 22/23-26/27 budget, combined with remaining project funds of $933,647 will allow the City to engage IDC to complete the engineering design. IDC has provided an updated scope and fee to complete the design engineering and deliver 100% plans and specifications to make the project “shovel ready” (see Attachment B). IDC has a proven track record of performing for City projects, and they possess the capacity and ability to complete the engineering within 18 months.

A second contract amendment increase of $1,294,849 will allow for the completion of the engineering design, and bring the Project to Ready To List (RTL) status, for a total revised contract amount not to exceed $1,924,933.

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Project Accounting Update:

Table 1 - 2017-012 Project Summary
2017-012 Project Summary
Funding Source: Road & Bridge DIF Total CIP Budget $2,250,000 Project Components
Current Budget
Amount
Paid to Date Remaining
Project Management $8,475.60 $8,475.60 $0.00
Project Contingency
Preliminary Services
Preliminary Services Contingency
Environmental $52,284.00 $46,971.75 $5,312.25
Environmental Contingency
Design $695,334.00 $510,905.41 $184,428.59
Design Contingency
Construction
Construction Contingency
Construction Management
Construction Management
Contingency

Permits
Equipment
Miscellaneous
Unallocated CIP Budget $1,493,906.40 $0.00 $1,493,906.40 Project Summary Totals $2,250,000.00 $566,352.76 $1,683,647.24

Table 2 - 2017-012 IDC Cost Summary
2017-012 IDC Cost Summary
Total Amount Amount Remaining
Current Design Contract $630,084.00 $119,178.59
Proposed Amendment #2 $1,294,849 $1,294,849
New Proposed Contract $1,924,933 $1,414,027.59

Fiscal Impact:

The cost to prepare the staff report is approximately $350. 264
Item 16.

The second amendment to the professional services agreement in an amount not to exceed $1,294,849 for the Pennsylvania Avenue Grade Separation Project will be paid from CIP project account number 2017-012.

Recommended Action:

Approve a second amendment to the professional services agreement with IDC Consulting Engineers, Inc. for the Pennsylvania Avenue Grade Separation Project, in an amount not to exceed $1,294,849.

Attachments:

A. Second Amendment to PSA with IDC
B. IDC Scope and Fee

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Item 16.

SECOND AMENDMENT

TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BEAUMONT AND IDC CONSULTING ENGINEERS, INC. FOR PROFESSIONAL ENGINEERING

SERVICES FOR PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT (CIP 2017-012)

THIS SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the ____ day of _______, 2022, by and between the CITY OF BEAUMONT, a general law city, (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and IDC CONSULTING ENGINEERS, INC. whose address is 300 S. Harbor Blvd., Suite 710, Anaheim, CA 92805 (“CONTRACTOR”) in consideration of the mutual promises and purpose contained herein, the parties agree as follow:

1. RECITALS

This Second Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:

A. On June 19, 2018, the City and IDC CONSULTING ENGINEERS, INC., entered into that certain agreement entitled “Agreement for Professional Services by Independent Contractor” for ENGINEERING SERVICES FOR THE PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT (“Agreement”).

B. City has requested a further change in scope to the work under the Agreement regarding engineering services and bringing the project to “Ready to List” status and CONTRACTOR has requested that the scope of work should be increased as provided in the Proposal dated July 12, 2022, a copy of which is attached hereto as Exhibit “A”, and incorporated herein by this reference.

2. AMENDMENT

Section 2 of the Agreement is hereby amended to add to the Services those services identified in the Proposal attached hereto as Exhibit “A”.

Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under previous Amendments, compensation was set at six hundred thirty thousand, eighty four dollars ($630,084). Per this Second Amendment, compensation is increased by the maximum amount of one million, two hundred ninety four thousand, eight hundred forty nine dollars ($1,294,849) as provided in the Proposal attached hereto as Exhibit “A” resulting in total compensation under the Agreement not to exceed one million, nine hundred twenty four thousand, nine hundred thirty three dollars ($1,924,933).

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The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereby have made and executed this Second Amendment to Professional Services Agreement to be effective as of the day and year first above-written.

CITY:

CITY OF BEAUMONT

By: ________________________________
Lloyd White, Mayor

ATTEST

City Clerk

APPROVED AS TO FORM

John Pinkney, City Attorney
CONTRACTOR:

IDC CONSULTING ENGINEERS, INC.

By: ______________________________

Print Name: _______________________

Title: _____________________________

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EXHIBIT “A”

PROPOSAL DATED July 12, 2022
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Pennsylvania Avenue Grade Separation

Page 27 ends

Scope of Services & Deliverables
Updated July 12, 2022

On July 18, 2017, City Council authorized a Request for Proposal (RFP) for the Pennsylvania Avenue Grade Separation project. The Scope of Services included in the RFP include the following three phases:

Phase 1 – Geometric Approval / Project Map
Phase 2 – Preliminary Engineering Services (35% Submittal) Phase 3 – Final Design Services (65%, 100%, and Final Submittal) Phase 4 – Construction Bidding / Construction Engineering Support – Optioned out after the contract award.

On June 19, 2018, City Council awarded a consultant contract to IDC Consulting Engineers, Inc. (IDC) to provide engineering design services for the Phase 1 and Phase 2 of the Pennsylvania Avenue Grade Separation project.

By May of 2019, IDC completed much of the Phase 1 and Phase 2 components include 35% submittals and draft UP rail line shoofly design. Below are list of the remaining scope of services to complete bid ready design.

PHASE 1 – Engineering Concept Approval (Geometric Approval/ Project Maps)

1. Project Management: Perform project management to ensure project will be delivered as planned. Activities include working closely with the City and stakeholders to develop baseline project scope, schedule and cost. Identify project risks and manage all risks to ensure project stays on track and within the budget . – 100% completed.

2. Data Gathering: Gather existing relevant engineering documents, including I -10 Pennsylvania Interchange as-built plans, geotechnical information, roadway improvement plans, and recent completed project information that are part of public records to facilitate streamline design. – 100% completed

3. Develop High Level Project Concept: Working with the environmental team and right of way team, based on the initial data gathering, the IDC Team will provide a high level project concept to present to the City. The concept will likely be similar to the concept presented in this proposal with updated revisions based on the City’s f eedback. – 100% completed

4. Field Review and Project Scope Development: Upon the forming of the PDT, with the updated project concept, we will meet with Caltrans and UPRR in the field to discuss project impacts to the I-10 and UPRR tracks as well as gather information about their future plans for the affected facilities. – 100% completed 269
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Pennsylvania Avenue Grade Separation

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5. UPRR Coordination and Shoofly Design: Planning level coordination effort is critical to obtain UPRR’s buy-in regarding proposed bridge type, preliminary shoofly track design proposal. – 50% completed

6. Survey and Base Map: Perform field surveys and develop base map for design use.

Work includes horizontal and vertical control, photogra mmetry mapping and DTM. – 100% completed

7. Preliminary Drainage Report: Lowering Pennsylvania Avenue and widening of the street will change the existing street drainage pattern. Preliminary hydrologic and hydraulic analysis will be prepared for the propose d drainage system. – 100% completed

8. Preliminary Geotechnical Report and Foundation Report: Preliminary Geotechnical Report will be prepared to document on-site subsurface geo condition. Roadway pavement section as well as foundation recommendations for b ridges and retaining walls will be included in the Foundation Report. – 100%

9. Advance Planning Study (APS): An Advance Planning Study for the grade separation structure will be provided along with any special walls that might be needed for the project. The APS will provide bridge concept and cost estimate. – 0%

10. Engineering documents for project impacts to the I-10/ Pennsylvania Interchange: We will work closely with the City’s I-10/ Pennsylvania Interchange team for the inclusion of project impacts. – 50%

11. Preliminary Right of Way requirement: A preliminary right of way requirement map will be prepared to demonstrate right of way impact as well as to establish program level estimate. – 100%

PHASE 2 – Preliminary Engineering Services (35% Submittal)

2. Prepare 35% Roadway Plans: Roadway plans that include horizontal control plans, layouts, typical sections, profiles, drainage plans, grading plans, temporary erosion control plan, utility plans, stage construction, signing and striping plan, retailing walls, street lighting, electrical plans (if needed), landscaping plans, traffic signal plan and bridge plans. – 100%

3. Design Drainage Report: Perform final drainage analysis to determine drainage system for the project. Finalize drainage report based on the latest roadway and bridge design. Prepare drainage plan with system layout, sizing, and possible pump station design if needed. – 20%

4. Foundation Report: Update preliminary foundation report based on the result of borings. Proposed bridge foundation and retailing foundations will be included in the report. – 30%
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Pennsylvania Avenue Grade Separation

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5. Bridge Design and Bridge Type Selection Report: Bridge design will be performed using AREMA, UPRR and Caltrans design guidelines and standards. Two bridge alternatives will be prepared for consideration. General Plan and Foundation Plan, as well as planning level cost estimate, will be prepared for the Type Selection Report. – 0%

6. Railroad Shoofly Plans: A shoofly design will be prepared to set alignments after UPRR’s concurrence of the preliminary shoofly conceptual design. For the purpose of this proposal, we assume the geometrics of UPRR tracks will remain unchanged. We will support the City to ensure a win-win project for the City and UPRR. – 50%

PHASE 3 – Final Design Services (65%, 100%, and Final Submittal)

2. Project Approvals: In order to proceed with final design, the following approvals ,maybe required:
• UPRR approvals: bridge type selection, shoofly and track design and geometrics • Caltrans approvals: 35% plan set for project within Caltrans right of way • Riverside County Flood Control District: Design Drainage Report

PS&E Final Design Submittals:
• Title Sheet
• Alignment Control and Notes
• Typical Sections
• Roadway Removals
• Roadway Layouts
• Roadway Profiles
• Construction Details
• Drainage Plans
• Drainage Profiles
• Drainage Details
• Temporary Water Pollution Control
• Contour Grading
• Construction Area Signs
• Stage Construction and Traffic Control
• Stage Construction Profile
• Signing and Striping
• Signaling and Striping Details
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Pennsylvania Avenue Grade Separation

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• Traffic Signal Plan
• Temporary Traffic Signal
• Temporary Traffic Signal Details
• Electrical Plans
• Temporary Electrical Plans
• Utility Plans
• Landscape Plans and Details
• Irrigation Plans
• Planting Plans
• Retailing Wall Plans
• Retailing Wall Details
• Bridge Plans
• 100% Engineering Estimate
• Specifications
• Structural Independent Check Calculations per Caltrans guidelines 272
Item 16.

Firm: WLDATE: 7/10/2022WBSLABOR HOURS NO.Total HoursSr. Project ManagerSr. Bridge Design LeadProject Engineer 3Structure Engineer 2Design/Civil EngineerAssistant Project ManagerEngineering Technician (CADD)Administration / Accounting Role 0PHASE 1 - GEOMETRIC APPROVAL /PROJECTMAPS812 107 80 129 50 179 80 171 16 Research and Data Gathering32 36 33 13 45 20 43Perform Project Management and Agency Cordination Activities 1616Bridge and Retailing Wall Concept Development40 44 96 37 134 60 128Preliminary Project Estimate Development6Project Risk Management Plan Development13PHASE 2 - PRELIMINARY ENGINEERING SERVICES (35%)1347 99 38 260 252 258 80 344 16Research and Data Gathering20 8 65 63 65 20 44Perform Project Management Activities20 1016Preliminary Structure Design (bridge and walls)40 20 195 189 193 60 300Preliminary Estimate (bridge and walls)6Project Risk Management13PHASE 3 - FINAL DESIGN SERVICES (65%, 100%, FINAL)5178 117 110 1516 952 962 118 1373 30Research and Data Gathering21 20 51 63 73 20 370Perform Project Management Activities8050 3065% and Final Structure / Civil / Drainage Design60 1380 800 800 852Engineering Estimate 30 35 40 40 40 80Engineering Specification8504949871Project Risk Management87337 323 228 1905 1254 1399 278 1888 62 0 0 0 0$96.50 $96.50 $71.00 $50.00 $45.00 $45.00 $51.00 $28.00$31,170 $22,002 $135,255 $62,700 $62,955 $12,510 $96,288 $1,736$0 $0EXPENSES ITEM(S) Unit of Measure QUANTITY UNIT PRICE TOTAL PRICEPrinting and ReproductionLS 1 $5,000.00 $5,000.00Computer Hour $0.00Vehicle Expenses$0.00MileageMiles 7200 $0.54 $3,888.00Ground Transportation (Train/Cab) Each $0.00Auto ParkingEach $0.00Delivery ServicesEach 6 $60.00 $360.00Communications Each $0.00Air TravelEach $0.00Travel and Per-Diem CostsEach $0.00DIRECT LABOR + OVERHEAD @ 130.00% PROFIT @ 10% $1,074,277 $0.00 7,337 TOTAL EXPENSES: $9,248 FIRM'S TOTAL DIRECT EXPENSES$9,248SUB-CONTRACTORS: SUBCONSULTANT 841,408.00$ FIRM: TRC$230,050 TOTAL ESTIMATED COST$1,924,933MOFFATT & NICHOL (Rail Alignment Design and Coordination)$333,000DEA - LANDSCAPE$94,600SURVEY$60,000EMI - GEOTECHNICAL $106,000EMI - ADL$17,758Sub Consultants Total841,408.00$ AMOUNT:$0$0 $0 $0 $0 $0Total Fee0$1,924,933Total HoursPREPARED BY: SUB-TASK DESCRIPTIONTOTAL LABOR HOURSRATE ($/HR) LABOR COSTS ($) See BelowPENNSYLVANIA AVENUE GRADE SEPARATIONContract NumberWORK DESCRIPTIONFEE PROPOSAL FOR PHASE 1, 2 & 3Reviewed By:COMMENTS/ASSUMPTIONS:1) Fee updated from 2018 fee proposal.2) The Fee is based on Janurary 2018 fee schedule ($1,656,953) and hold three years (2027, 2018, 2019) and escalated from 2020, 2021 and 2022.3) The Fee include $60,000 additional survey for finalizing design that includes shoefly and drainge design. Page 1IDC July 2022 final 273Item 16.

Staff Report

TO: City Council
FROM: Sean Thuilliez, Chief of Police
DATE July 19, 2022
SUBJECT: Approval of Agreement with Intrensic, LLC for Body Worn Camera Services and Upgrade

Background and Analysis:

Since 2015, body worn cameras have been standard-issued equipment for officers of the Beaumont Police Department. The cameras promote professionalism, accountability, and transparency by documenting officer performance and interactions with the public. They also protect the officers from false accusations of misconduct which reduces liability and the potential for litigation against the City.

The Beaumont Police Department has utilized Intrensic, LLC for body worn camera and software platform since 2015 and the devices have proven to be easy to use and reliable in its recordings and storage.

Intrensic, LLC has recently updated their software platform with a new X2 camera product which includes the following functionality:

 Automatic pre-record ability
 Tamper resistance
 Audit trail of recordings uploaded by officers
 Data security
 Video and audio quality
 Hardware maintenance replacement
 Routine software updates
 Ongoing technical support from the manufacturer
 Evidence management system
 Intrensic performs the redaction of private and sensitive information captured on video

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Item 17.

While the department is currently mid-way through the original contract, there is a need to not only upgrade, but also add twenty cameras to the City’s inventory. This increase is based on the organizational growth. The de partment, in concert with Intrensic, LLC would terminate the existing contract for the new four-year contract.

By capitalizing on the new all-inclusive software model, it is anticipated that it would extend the body worn camera program’s relevancy and reduce future costs in re- design and retrofitting.

The proposal attached includes seventy (70) X2 cameras, three (3) charging and downloading dock stations, software, and mounting platforms. Included is a “no - fault” repair/replacement coverage that safeguards the department against any costs incurred due to damage(s) that occur in the ordinary course of police work. All sworn staff members, Animal Control Officers, Cadets, and Community Service Officers will receive body worn cameras. This software utilizes cloud storage which will continue to be free of cost to the department.

Beaumont Police Department Body Worn Camera Statistics:

Total Pieces of Evidence Uploaded – 132,090 since December 12, 2016 Total Cases Created – 770 since June 1, 2018
Total Files in Cases – 7,469 since June 1, 2018
Total Cases Shared – 473 since July 3, 2018
Fiscal Impact:

This four-year contract is for $170,813.45 or $42,703.36 annually.

Recommended Action:

Approve the four-year agreement between the City of Beaumont and Intrensic, LLC for Body Worn Camera Services and Upgrade in the total amount of $170,813.45.

Attachments:

A. Intrensic Software-Storage Agreement for the Beaumont Police Department 275
Item 17.

Intrensic Software-Storage Agreement for the
Beaumont Police Department

This Purchase Agreement has been Prepared for:

Beaumont Police Department

Chief Sean Thuilliez
Lieutenant Greg Fagan

By: Matthew J. Dugas
Date: 7, June, 2022

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Item 17.

INTRENSIC LICENSE AND HARDWARE PURCHASE AGREEMENT
THIS INTRENSIC LICENSE AND HARDWARE PURCHASE AGREEMENT (“Agreement”) is entered this 7th day of June 2022 (the “Effective Date”) between INTRENSIC, LLC (“Intrensic”, “we”, “us”, or “our”) and the Beaumont Police Department the entity you represent (“Customer” or “you”).

1. HARDWARE PURCHASE.

1.1 Purchase of Hardware. During the Term (as defined herein), Intrensic may provide to Customer a camera and related documentation, accessories, parts, and upgrades (“Hardware”).

Hardware shall be provided to you only upon execution by you of a purchase order in the form attached hereto as Exhibit A (“Agency Purchase Order”). The terms set forth on such Purchase Order shall apply to the purchase of any Hardware by Customer. Notwithstanding the foregoing, in the event of a conflict between any term of this Agreement and any term set forth on a Purchase Order, the term of this Agreement shall be deemed controlling.

1.2 Price Terms. Hardware prices shall be specified by Intrensic in its then current price list, which is attached hereto as Exhibit B (“Hardware, Intrensic Proposal and Pricing”). Each Purchase Order issued to Intrensic shall set for the Hardware being purchased by you, along with the current price for such Hardware as published in the Hardware Price List. All shipping and freight charges with respect to the Hardware shall be itemized by Intrensic on the Hardware Price List.

1.3 Shipping; Delivery; Title. Unless otherwise stated on a Purchase Order or as notified by Intrensic, all Hardware ordered by you will be shipped within Two-Three weeks of acceptance of the Purchase Order. Unless otherwise expressly stated on the Purchase Order, delivery shall be included.

2. ACCESS AND USE RIGHTS.

2.1 Orders. Customer will receive access to the Windows-based Intrensic™ video capture and storage solution, which is designed to allow you to retain the security of Customer’s video and photographic evidence captured with the Hardware, or any other software or other solution offered by Intrensic from time to time (“Intrensic Offering”). The Intrensic Offering that will be made available to Customer will be set forth in a subscription order form executed by the parties in the form attached hereto as Exhibit C (“Subscription Order Form”). Each Subscription Order Form is incorporated into this Agreement. In the event of a conflict between any term of this Agreement and any term set forth on a Subscription Order Form, the term of this Agreement shall be deemed controlling.

2.2 Provision of Access. Subject to the terms and conditions contained in this Agreement, including the Subscription Order Form, Intrensic hereby grants to Customer and any individual who is an employee of Customer, authorized, by virtue of such individual’s relationship to, or permissions from, Customer, to access the Intrensic Offering pursuant to Customer’s rights under this Agreement (each, an “Authorized User”), a non-exclusive, revocable, non-transferable, non-sublicenseable right to access the features and functions of the Intrensic Offering during the Subscription Term, and in accordance with the Documentation and Policies as provided by Intrensic. On or as soon as reasonably practicable after the effective date of the Subscription Order Form, Intrensic shall provide to Customer and any Authorized Users the necessary passwords, access codes, technical specifications, and 277
Item 17.

connectivity standards or protocols, to allow Customer to access the Intrensic Offering (“Access Protocols”). Customer may only use the Intrensic Offering in accordance with the Access Protocols.

2.3 Authorized Users. The Intrensic Offering and data storage are not subject to usage limits as specified in the Subscription Order Form. The Intrensic Offering may not be accessed by more than that the number of Authorized uploading users specified on the Subscription Order Form, and an Authorized User’s identification may be reassigned to a new individual replacing one who no longer requires ongoing use of the Intrensic Offering; provided, in no event will the active Authorized Users at any given time exceed the number of Authorized Users specified in the Subscription Order Form. Customer agrees to comply with the terms of this Agreement and all laws, rules, regulations, and policies applicable to Customer’s use of the Intrensic Offering. Customer will be responsible for all actions or omissions of its Authorized Users. If Customer becomes aware of any violation of this Agreement by an Authorized User, Customer will immediately terminate that Authorized User’s access to the Intrensic Offering.

2.4 Usage Restrictions. Neither Customer nor any Authorized User may use the Intrensic Offering in any manner or for any purpose other than as expressly permitted by this Agreement.

Neither Customer nor any Authorized User may, or attempt to: (a) permit any third party to access the Intrensic Offering except as permitted in this Agreement; (b) modify, alter, tamper with, repair, or otherwise create derivative works of any of the Intrensic Offering; (c) reverse engineer, disassemble, or decompile the Intrensic Offering or apply any other process or procedure to derive the source code of any software included in the Intrensic Offering, or allow any others to do the same; (d) access or use the Intrensic Offering in a way intended to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; (e) copy the Intrensic Offering in whole or part, except as expressly permitted in this Agreement; (f) use trade secret information contained in the Intrensic Offering, except as expressly permitted in this Agreement; (g) resell, rent, loan, or sublicense the Intrensic Offering; (h) access the Intrensic Offering in order to build a competitive product or software or copy any features, functions, or graphics of the Intrensic Offering; (i) remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of ours or our licensors on or within the Intrensic Offering or any copies of the Intrensic Offering; or (j) use the Intrensic Offering to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third-party privacy rights, or to store or transmit malicious code. All licenses granted to you in this Agreement are conditional on your continued compliance this Agreement and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Intrensic Offering you have used. You may only use our trademarks in accordance with the Intrensic Trademark Use Guidelines (located at www.intrensic.com) .

3. OWNERSHIP AND IP RIGHTS.

3.1 IP Rights. Subject to the rights granted in this Agreement, Intrensic and its licensors own and reserve all right, title, and interest in and to the Intrensic Offering, including all intellectual property rights therein. If Customer or any Authorized Users provide any suggestions to us for enhancements or improvements, Intrensic will own all right, title, and interest in and to the suggestions and have the right to use the suggestions without restriction, even if Customer and its Authorized Users have designated the suggestions as confidential. Customer irrevocably assign to Intrensic all 278
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right, title, and interest in and to the suggestions and agree to provide Intrensic any assistance Intrensic may require to document, perfect, and maintain our rights in the suggestions.

3.2 Customer controls and owns all right, title, and interest in and to any and all content, including videos, uploaded to or through the Intrensic Offering (“Customer Content”), and Intrensic obtain no rights to Customer Content, except as necessary to provide the Intrensic Offering to Customer. Customer is solely responsible for the uploading, sharing, withdrawal, management and deletion of Customer Content in connection with the Intrensic Offering. Customer consents to Intrensic’s limited access to Customer Content solely for the purpose of providing and supporting the Intrensic Offering to Customer and its Authorized Users. Customer represents that Customer owns all Customer Content; and that neither the Customer Content, nor Customer’s or any Authorized User’s use of Customer Content in connection with the Intrensic Offering, will violate the terms of this Agreement or any applicable laws, rules, regulations and policies.

4. DATA SECURITY.

4.1 Customer Responsibilities. Customer is responsible for maintaining the security of Customer’s and its Authorized Users’ usernames and passwords and taking steps to maintain appropriate security and access by Authorized Users to Customer Content. Log-in credentials are for Customer’s internal use only and Customer may not sell, transfer, or sublicense them to any other entity or person. Customer agrees to be responsible for all activities undertaken by Customer, its employees, contractors or agents, and Authorized Users which result in unauthorized access to Customer’s account or Customer Content. Audit log tracking for the video data is an automatic feature of the Intrensic Offering which provides details as to who accesses the video data and may be downloaded by Customer at any time. Customer will contact Intrensic immediately if Customer believes an unauthorized third party may be using Customer’s account or Customer Content or if Customer’s account information is lost or stolen. Further, Customer and its Authorized Users shall be responsible for all changes to and/or deletions of the Customer Content. Customer shall have the ability to export Customer Content out of the Intrensic Offering and is encouraged to make its own back-ups of the Customer Content. Customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of all Customer Content. Customer acknowledges and agrees that, except as otherwise agreed between the parties or in a separate written agreement, Intrensic will have no obligation to back up Customer Content, nor will Intrensic have any liability for any loss or corruption of Customer Content, nor will Intrensic have any obligation under this Agreement to retain any Customer Content after the expiration or termination of the Agreement.

4.2 Intrensic Responsibilities. Notwithstanding anything contained in this Section 4, Intrensic will implement commercially reasonable and appropriate measures designed to secure Customer Content against accidental or unlawful loss, access or disclosure. Intrensic will maintain a comprehensive Information Security Program (“ISP”) that includes logical and physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital media you upload, security education, risk management, and data protection.

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5. INTRENSIC SUPPORT. Intrensic will make available to Customer updates to the Intrensic Offering, as released by Intrensic and made generally available to its other customers. Updates may be provided electronically via the Internet. It is Customer’s responsibility to establish and maintain adequate access to the Internet in order to receive the updates. Intrensic will use reasonable efforts to continue supporting the previous version of any API or software for 6 months after the change (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities). Customer is responsible for maintaining the computer equipment and Internet connections necessary for Customer’s use of the Intrensic Offering.

6. DATA PRIVACY. Intrensic will not disclose Customer Content or any information about Customer except as compelled by a court or administrative body or required by any law or regulation.

Intrensic will give Customer notice if any disclosure request is received for Customer Content.

Customer agrees to allow Intrensic access to certain information of Customer as necessary in order to:
(a) perform troubleshooting for Customer’s account at Customer’s request or as part of our regular diagnostic screenings; (b) enforce our agreements or policies governing your use of Intrensic Offering; or (c) perform analytic and diagnostic evaluations of the systems.

7. DATA STORAGE. Intrensic will determine the locations of the data centers in which Customer Content will be stored and accessible by your end users. For United States customers, Customer Content that is stored in the Intrensic Offering will remain within the United States including any backup data, replication sites, and disaster recovery sites. Customer consents to the transfer of Customer Content to Intrensic’s third party providers for the purpose of storing Customer Content.

Ownership of Customer Content remains with Customer.

8. FEES AND PAYMENT. The current purchase and pricing schedule for the Hardware and Intrensic Offering are set forth in the attached Exhibit B. Additional Authorized Users may be added during the Subscription Term at the pricing in effect at the time of purchase of such additional Authorized Users, prorated for the duration of the Subscription Term. You are responsible for paying all subscription fees and applicable taxes and duties for Intrensic Offering. Unless otherwise specified on a Subscription Order Form, all fees for Intrensic Offering are due and payable net 30 days for approved credit. Payment obligations are non-cancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding. Intrensic reserves the right to charge additional fees for you exceeding your purchased storage amounts or for Intrensic’s assistance in the downloading or exporting of Customer Content. We may charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments. If a delinquent account is sent to collections, you are responsible for all collection and attorneys’ fees.

9. SUSPENSION OF INTRENSIC OFFERING. Intrensic may suspend Customer’s or any Authorized User’s right to access or use any portion or all of the Intrensic Offering immediately upon notice to you if we determine:

9.1 Customer’s or an Authorized User’s use of or registration for the Intrensic Offering (i) poses a security risk to the Intrensic Offering or any third party, (ii) may adversely impact the Intrensic Offering or the systems or content of any other customer, (iii) may subject us, our affiliates, or any third party to liability, or (iv) may be fraudulent;

9.2 Customer is, or any Authorized User is, in breach of this Agreement, including if Customer is delinquent on its payment obligations for more than 30 days; or 280
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9.3 Customer has become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding.

9.4 If Intrensic suspends Customer’s right to access or use any portion or all of the Intrensic Offering, Customer remains responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension. Intrensic will not delete any Customer Content during such period of suspension, except as specified elsewhere in this Agreement.

10. TERM. The term of this Agreement shall commence on the Effective Date and continue in full force and effect for a period of 48 months (“Initial Term”), unless earlier terminated in accordance with Section 11 below. As long as one (1) or more Subscription Order Forms remains in effect, this Agreement automatically renews for additional successive terms of one (1) year (each, a “Renewal Period”) each after the completion of the Initial Term at the list prices then in effect, unless either party provides the other party with written notice of its intent not to renew, within sixty (60) days prior to the end of the then-current term. The Initial Term and any Renewal Period shall collectively be referred to as the “Term”.

10.1 Subscription Term. The subscription term for the Intrensic Offering will begin on the effective date set forth on the applicable Subscription Order Form and will remain in effect for the subscription term agreed to in the Subscription Order Form, unless earlier terminated in accordance with Section 11 below (“Subscription Term”).

11. TERMINATION FOR CAUSE.

11.1 By Either Party. Either party may terminate this Agreement for material breach or default by the other party, which has not been cured within 30 days of receipt of written notice of such material breach or default.

11.2 Effect of Termination. Upon any termination of this Agreement: (a) all of Customer’s rights under this Agreement immediately terminate; (b) Customer remains responsible for all fees and charges incurred through the date of termination; and (c) Sections 3, 8, 11-12, 14–19 will continue to apply in accordance with their terms.

12. RETURN OF CUSTOMER CONTENT.

12.1 During the Term. Customer may log into Customer’s account on the Intrensic Offering to retrieve and manually download Customer Content at any time during the Term.

12.2 Post-Termination Access. Intrensic will not delete any Customer Content as a result of a termination during the 90 days following termination. During this 90-day period Customer may retrieve Customer Content only if Customer has paid all amounts due (there will be no application functionality of the Intrensic Offering during this 90-day period other than the ability for Customer to retrieve Customer Content). Customer will not incur any additional fees if Customer downloads Customer Content from the Intrensic Offering during this 90-day period. Intrensic has no obligation to maintain or provide any Customer Content after the 90-day period and may thereafter, unless legally prohibited, delete all Customer Content stored in the Intrensic Offering.

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12.3 Post-Termination Assistance. Intrensic will provide Customer with the same post- termination data retrieval assistance that Intrensic generally makes available to all customers. Requests that Intrensic provide additional assistance to Customer in downloading or transferring Customer Content will result in additional fees from Intrensic and we will not warranty or guarantee data integrity or readability in the external system.

13. THIRD-PARTY PRODUCTS AND SOFTWARE. No purchase of third-party products or software is required to use the Intrensic Offering other than a computer and Internet access. Any acquisition by Customer of third-party products or software and any exchange of data or Customer Content between Customer and any third-party provider, is solely between Customer and the applicable third-party provider; including any fees necessary to obtain or use the third-party products or software. Intrensic is not responsible for examining or evaluating the content or accuracy of third-party products or software and Intrensic does not warrant and will not have any liability or responsibility for any third- party products or software, or for any other materials, products, or software of third parties.

14. REPRESENTATIONS BY YOU. You represent and warrant to us that: (a) you have been duly authorized by the laws of the applicable jurisdiction, and by a resolution of your governing body, if legally required, to execute and deliver this Agreement and to carry out your obligations under this Agreement; (b) all legal requirements have been met, and procedures have been followed, including public bidding, if legally required, in order to ensure the enforceability of this Agreement; (c) if you are a government agency, that the Intrensic Offering will be used by you only for essential governmental or proprietary functions consistent with the scope of your authority and will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use; (d) if you are a government agency, you have funds available to pay until the end of its current appropriation period, and you intend to request funds to make payments in each appropriation period, from now until the end of the Term; and (e) you are responsible for (i) your or any of your Authorized Users’ use of the Intrensic Offering (including any activities under your account and use by your employees and agents), (ii) breach of this Agreement or violation of applicable law by you or any of any Authorized Users, (iii) Customer Content or the combination of Customer Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Customer Content or by the use of Customer Content, (iv) a dispute between you and any Authorized Users, and (v) a dispute between you and any third-party over your collection or use of Customer Content. You agree to maintain insurance coverage up to the amount allowed by State and local laws and regulations that would cover any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any third-party claim in this Section 14, and shall name Intrensic as an additional insured under all such policies and coverage.

15. INTRENSIC WARRANTY. All Hardware is warranted for one year from the Effective Date of this Agreement in accordance with the manufacturer’s warranty. We warrant that the Hardware and Intrensic Offering (a) will perform materially in accordance with the Documentation. All warranties or guarantees given or made by us with respect to the Intrensic Offering are solely for the benefit of you and Authorized Users and are not transferable and are null and void if you breach any term or condition of this Agreement.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE HARDWARE AND INTRENSIC OFFERING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND

INTRENSIC AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR

WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR 282
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OTHERWISE THAT THE HARDWARE OR INTRENSIC OFFERING WILL BE

UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY

CONTENT, INCLUDING CUSTOMER CONTENT OR THE THIRD-PARTY CONTENT, WILL

BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR THAT THE HARDWARE OR THE INTRENSIC OFFERING WILL MEET YOUR REQUIREMENTS. EXCEPT AS PROVIDED IN THIS SECTION 15, TO THE EXTENT PROHIBITED BY APPLICABLE LAW, INTRENSIC

AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY

IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS

FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, DATA ACCURACY, OR

QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE INTRENSIC OFFERING IS IN ACCORDANCE WITH APPLICABLE LAW. You are solely responsible for: (a) all data uploaded to the Intrensic Offering; (b) configuring and setting up any hardware or networks that enable you to connect to the Intrensic Offering; (c) your networks and how they may interact with the Hardware, or Intrensic Offering; and (d) any security settings you establish to interact with or on the Intrensic Offering. Intrensic disclaims any warranties or responsibility for data corruption or errors with respect to data that is uploaded to the Intrensic Offering.

16. INDEMNIFICATION BY US. Intrensic will defend, indemnify, and hold Customer harmless, and each of your respective employees, deputies, directors, and representatives from and against any third- party claims, damages, losses, liabilities, costs, and expenses (including r easonable attorneys’ fees) actually awarded or settled in court, arising out of or relating to any: (a) the grossly negligent acts or omissions, or any willful misconduct of Intrensic, save and except for damage or injury caused solely by the negligence of Customer, its Authorized Users, or its or their agents, deputies, or employees; and (b) third-party claim alleging that the use of the Intrensic Offering as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. The foregoing indemnification obligation is conditioned on Customer providing Intrensic with prompt written notice of each such claim, tendering to Intrensic the defense or settlement of each such claim at Intrensic’s expense, and cooperating fully with Intrensic in the defense or settlement of each such claim. If Intrensic receives notice of an alleged infringement, or if Customer’s use of the Intrensic Offering will or may be prevented by permanent injunction, Intrensic may, at its sole option and expense, procure for Customer the right to continue using the Intrensic Offering as provided in this Agreement, modify the Intrensic Offering so that it no longer infringes, replace the Intrensic Offering with other software of equal or superior functional capability, or in the case of trademark infringement, instruct you to use an alternative trademark. To the extent any of the foregoing is not commercially feasible, as reasonably determined by Intrensic, Intrensic may, at its sole option, terminate the Agreement and refund to Customer all prepaid but unused amounts for the allegedly infringing portion of the Intrensic Offering. Notwithstanding any of the foregoing, Intrensic will have no liability to or obligation to indemnify Customer or any third party to the extent any alleged infringement or claim of infringement based upon: (a) any modification of the Intrensic Offering by Customer or any third party not approved by us; (b) use of the Intrensic Offering in connection or in combination with equipment, devices, or software not approved, authorized, or recommended by us; (c) the use of Intrensic Offering other than as permitted under this Agreement or in a manner for which it was not intended; or (d) the use of other than the most current release or version of any software provided by Intrensic as part of or in connection with the Intrensic Offering.
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17. LIMITATIONS OF LIABILITY. INTRENSIC AND ITS AFFILIATES OR LICENSORS WILL

NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,

CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF

PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER INTRENSIC NOR ANY OF ITS

AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION,

REIMBURSEMENT, DAMAGES, OR OTHER LIABILITY ARISING FROM OR IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE INTRENSIC OFFERING, INCLUDING AS A RESULT OF ANY (i) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE INTRENSIC OFFERING, (ii) INTRENSIC’S DISCONTINUATION OF ANY OR ALL OF THE INTRENSIC OFFERING, OR, (iii) WITHOUT LIMITING ANY OTHER OBLIGATIONS, ANY UNANTICIPATED OR

UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE INTRENSIC OFFERING FOR

ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SOFTWARE; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN

CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE INTRENSIC OFFERING; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR

THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY CUSTOMER CONTENT OR OTHER DATA. IN ANY CASE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INTRENSIC AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO

THE AMOUNT ACTUALLY PAID BY YOU TO INTRENSIC UNDER THIS AGREEMENT FOR THE INTRENSIC OFFERING THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

18. MISCELLANEOUS.

18.1 Definitions.

18.1.1 “Documentation” means the user guides, quick reference guides, and other technical and operations manuals and specifications for the Intrensic Offering provided by us, as that documentation may be updated by us from time to time.

18.1.2 “Confidential Information” means all nonpublic information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. Confidential Information includes:
(a) nonpublic information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third- party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates that is not subject to your public record laws. Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the Confidential Information. 284
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18.1.3 “Policies” means any Software Level Agreement, the Trademark Use Guidelines, all restrictions as described by Intrensic, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials.

18.2 Confidentiality. Any party may use the other party’s Confidential Information only as permitted under this Agreement in connection with its obligations hereunder. Except as required by applicable law or judicial order, Customer will not disclose Intrensic’s Confidential Information during the Term or at any time during the 5-year period following the end of the Term. Customer will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Intrensic’s Confidential Information.

18.3 Force Majeure. Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the parties’ reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

18.4 Independent Contractors. The parties are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

18.5 No Third-Party Beneficiaries. This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

18.6 Non-discrimination and Equal Opportunity. During the performance of this Agreement, we agree that neither we nor our employees will discriminate against any person, whether employed by us or otherwise, on the basis of basis of race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. In all solicitations or advertisements for employees, agents, subcontractors or others to be engaged by us or placed by or on behalf of us, we will state all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief.

18.7 U.S. Government Rights. The Intrensic Offering is provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Intrensic Offering. If you are using the Intrensic Offering on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of the Intrensic Offering. The terms “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data” are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.

18.8 Import and Export Compliance. In connection with this Agreement, each party will comply with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the U.S. Office of Foreign Assets Control. You are solely responsible for compliance related to the manner in which you choose to use 285
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the Intrensic Offering, including your transfer and processing of Your Content, the provision of Your Content to end users, and the region in which any of the foregoing occur.

18.9 Assignment. Neither party may assign or otherwise transfer this Agreement or any of its rights and obligations under this Agreement without the prior written approval of the other party; except that Intrensic may assign or otherwise transfer this Agreement or any of Intrensic’s rights or obligations under this Agreement without your consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of our assets, (c) to as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.

18.10 No Waivers. The failure by either party to enforce any provision of this Agreement will not constitute a present or future waiver of the provision nor limit the party’s right to enforce the provision at a later time. All waivers by a party must be in writing and sent in accordance with this Agreement to be effective.

18.11 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement, but the rest of the Agreement will remain in full force and effect.

18.12 Governing Law; Venue. This Agreement shall be governed by the laws of the of the Commonwealth of Virginia without reference to its conflict of law rules. The parties agree to submit exclusively to the Federal and state courts of Virginia in the event of any action that arises under this Agreement. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

18.13 Litigation Costs. In the event of any legal action to enforce the provisions of this Agreement, the successful party in enforcing any provision of this Agreement will be awarded that party’s reasonable outside attorneys’ fees and taxable costs.

18.14 Notices. All communications and notices to be made or given pursuant to this Agreement must be in the English language.

18.14.1 To Customer. Intrensic may provide any notice to Customer under this Agreement by: (i) posting a notice on Customer’s specific agency site; or (ii) sending a message to the email address(es) then associated with Customer’s account. Notices Intrensic provides by posting on Customer’s site will be effective upon posting and notices we provide by email will be effective when we send the email. Customer will be deemed to have received any email sent to the email address then associated with Customer’s account when Intrensic sends the email, whether or not Customer actually receives the email.

18.14.2 To Intrensic. To give Intrensic notice under this Agreement, Customer must contact Intrensic: (i) by email transmission to [email protected]; or (ii) by personal delivery, overnight courier or registered or certified mail to Intrensic, LLC, 100 Congress, Suite 2000, Austin, TX 78701. We may update the email or address for notices to us by posting a notice on your site. Notices provided by personal delivery will be effective immediately. Notices provided by email 286
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transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective 3 business days after they are sent.

18.15 Entire Agreement. This Agreement, including the Purchase Order, Subscription Order Form(s), and any Policies provided by INTRENSIC, constitutes the entire agreement between Customer and Intrensic regarding the Hardware and the Intrensic Offering. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between Customer and Intrensic, whether written or verbal, regarding the subject matter of this Agreement. Customer agrees that Customer’s purchases are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Intrensic regarding future functionality or features of the Intrensic Offering. Intrensic will not be bound by, and specifically objects to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document. No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the parties to this Agreement.

18.16 Voluntary Agreement. This Agreement was negotiated and executed voluntarily and is not the result of duress, fraud, undue influence or any threat of any kind. All parties had the opportunity to read and consider this Agreement, to consult with counsel, and fully understand the Agreement.

18.17 Counterparts. This Agreement may be executed in multiple counterparts, each of which is considered an original, and together, will constitute the entire Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of the document as if the original had been received.

INTRENSIC, LLC
By:

Title: National Director of Business Development, Intrensic

Beaumont Police Department

By: Purchase Order: ________________

Title: Dated : _______________________

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Exhibit A
Agency Purchase Order (if applicable)

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Exhibit B
Hardware Refresh Detail

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Exhibit C
Subscription Order Form
Subject to the terms and conditions contained in the Agreement, including this Subscription Order Form, Intrensic hereby grants to Customer and any individual who is an employee of Customer, authorized, by virtue of such individual’s relationship to, or permissions from, Customer, to access the Intrensic Offering pursuant to Customer’s rights under this Agreement, a non-exclusive, revocable, non-transferable, non-sublicense-able right to access the features and functions of the Intrensic Offering during the Subscription Term, and in accordance with the Documentation and Policies as provided by Intrensic.

The Evidence on Cloud storage platform and software licenses granted are defined as single per user and only for the terms of this contract. Uses and limitations are defined in the Agreement.

Pricing is annual paid in advance unless stipulated otherwise in the Agreement.

Pricing is calculated by the following method:

Beaumont Police Department

Defined Number of Users/Licenses: 70
Annual Cost of Equipment, Training, Shipping Software, Storage and Support:
$ 45,853.36 (To Be Invoiced Annually for the 4 years of the agreement)

Total for Contract Term: 48 months
* INCLUDED "Our True Unlimited Storage" of All Media (Body Camera and Ancillary Evidence) * INCLUDED Professional Redaction Services for Body Camera Video and Audio * INCLUDED All Admin Users, Evidence Tech and Ancillary Users to the System * INCLUDED On-Site Professional Training and Intrensic's Customer Support * INCLUDED FREE - "6-Hot Spare X2 Camera Kit" Warranty Replacement Cameras left on-site with you. * INCLUDED FREE Software Upgrades and Enhancements to the Intrensic DEMS program * INCLUDED Your Equipment is covered by intrensic’s inclusive warranty for the full term of the agreement.

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Item 17.

Note to Beaumont Police Department that Intrensic has recently updated the BWC platform by developing a new camera the intrensic X2 camera that includes the following functionality:
• Automatic pre-record ability
• Tamper resistance
• Audit trail of recordings uploaded by officers
• Unlimited Cloud storage
• Data security
• Video and audio quality
• Hardware maintenance replacement
• Routine software updates
• Ongoing technical support from the manufacturer
• Evidence management system
• Intrensic performs the redaction of private and sensitive information captured on video
Beaumont Police Department’s Legacy Data Storage Included:

To establish a contextual basis for consideration, based on 2017-year end statistics, the Beaumont Police Department could have recorded video in conjunction with more than 26,300 calls for service, 5,300 traffic stops, and 1,400 arrests. As part of the judicial discovery process, the department could have provided the Riverside County District Attorney's office approximately 1,000 body worn camera videos for prosecution of various criminal offenses. All Existing Legacy Data and current term’s software, storage and support is included.

Beaumont Police Department Current Legacy Data Statistics:

Total Pieces of Evidence Uploaded – 132,090 since 2016-12-12 Total Cases Created – 770 since 2018-06-01
Total Files in Cases – 7,469 since 2018-06-01
Total Cases Shared – 473 since 2018-07-03

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Item 17.

Additional Warranty Information
If a manufacturing defect of the covered equipment occurs during the first twelve months of ownership, we will replace it with new equipment. If the failure is caused by Accidental Damage from Handling, a Claim Service Fee as set forth below will be assessed upon replacement of the Covered Equipment. Once shipped, the Replacement Equipment immediately becomes the Covered Equipment for the remainder of the Contract Period.

1. What is not Covered?
a. The Program does not cover:
i. Incidental or consequential damages.
ii. Issues covered under the manufacturer’s warranty while such warranty and extended warranty coverage is in effect;
iii. Loss, theft, abuse, misuse, improper installation, or customer negligence; iv. Normal wear and tear;
v. Cosmetic damage to the covered equipment, including but not limited to scratches and dents that do not otherwise affect the functionality of the covered equipment;
vi. Damage resulting from use with batteries, power cables, or other battery charging/recharging accessories or devices not manufactured by Intrensic® vii. Damage caused by the use of the covered equipment when using any other third- party accessory.
b. Further, Covered Equipment does not include, and the program does not cover:
i. A product with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability; ii. Property in transit to you;
iii. Battery chargers (one standard wall charger will be provided with replacement equipment on claims approved for replacement of the covered equipment if the charger has also experienced a manufacturing defect or accidental damage from handling.
iv. Any third-party accessories not manufactured by Intrensic® including but not limited to mounts, memory cards or other external storage devices, color face plates, or personalized data.
292
Item 17.

Staff Report

TO: City Council
FROM: Doug Story, Community Services Director
DATE July 19, 2022
SUBJECT: Approve the Purchase of Hon Accelerate Workstations in the Amount Not to Exceed $169,683.29 from Bluespace Interiors and Authorize the City Manager to Sign Change Orders in the Amount of $8,485 for a Total Amount Not to Exceed $178,168.29

Background and Analysis:

On September 7, 2021, City Council approved the purchase of HON Accelerate Workstations for the west end of the administrative offices in City Hall. At that time staff requested quotes from two vendors who had previously been used to provide existing furniture. BlueSpace Interiors was selected because of its similarity in style and color of the furniture installed in surrounding areas of City Hall.

Due to planned renovations of the east end of the administrative office in City Hall and the growth of Police Department staff , a space plan was developed to accommodate additional personnel in currently vacant or lowly populated buildings. In June s taff reached out to BlueSpace to provide quotes for these additional buildings in an effort to standardize cubicle furniture for future growth, moves and or remodels.

The buildings that are being utilized to accommodate additional personnel include; Building B (Public Works), Building C (Police Department) and Building D (Transit). This space plan adds an additional 23 workstations with chairs, two conference tables and one break room table with seating to those three buildings. The furniture is modular and mobile and can be relocated as the City continues to grow and expand.

Fiscal Impact:

The costs for purchasing Building B workstations is $35,729.98 and will be funded from project account CF104. The costs for purchasing Building C workstations is $41,926.74 and will be funded from project account PS06. The costs for purchasing Building D workstations is $92,026.57 and will be funded from the Building ISF 750-7000-8071.

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Item 18.

The estimated cost to prepare this report is $1 75.

Recommended Action:

Attachments:

A. Building B Quote
B. Building C Quote
C. Building D Quote
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Item 18.

Staff Report

TO: City Council
FROM: Doug Story, Community Services Director
DATE July 19, 2022
SUBJECT: Approve a Purchase Order in the Amount Not to Exceed $45,860 for M. Brey Electric, Inc. dba MBE Construction for Electrical Maintenance at Stewart Park and Ratify a Maintenance Agreement to M. Brey Electric, Inc. dba MBE Construction in the amount of $45,860

Background and Analysis:

On May 4, 2021, City Council approved the demolition of the pool at Stewart Park. As part of this demolition the removal of all electrical utilities that were fed to the park through the building were also removed. During the demolition process overhead power lines feeding power to the park were removed and power to the park was shut off.

When plans for the Cherry Festival began, staff was instructed to have power restored to the restroom facility via an underground conduit to provide for electrical needs of the festival and for the future reopening of the restroom and snack bar facility. During the site walks and inspections there were several emergency issues that were brought to staff’s attention and the decision was made to move forward immediately with repairs and maintenance to remedy the emergency situations and eliminate any hazards in the park.

Staff received quotes for the work and M. Brey Electric, Inc. dba MBE Construction had the availability and supplies to begin the project within the timeframe needed for the Cherry Festival and work was completed prior to the start of the festival. This work provided a temporary pole, panel, meter, underground conduit with wires and removed leftover hazardous electrical infrastructure to previously demolished pavilion and pool area that remained in the ground.

Currently, electrical power is provided for the restrooms, snack bar, and storage area.

This will allow restrooms to remain open until the closure of Stewart Park ’s planned 319
Item 19.

reconstruction in 2023. Power was also provided for the Cherry Festival for the beer garden, vendors, and entertainment.

Fiscal Impact:

The costs for electrical maintenance at Stewart Park is $45,860 and will be funded from account 100-6050-7070-5500.

Recommended Action:

Attachments:

A. Agreement for Maintenance Services and Proposal
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BILLING DEPARTMENT
[email protected]
REPLY TO:

Palm Springs, California
July 6, 2022
CITY OF BEAUMONT PROFESSIONAL SERVICES THRU: 6/30/2022
TOTAL DUE: $81,355.64
Sincerely,

SBEMP,LLP
By: Accounting Department
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Item 20.

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
July 6, 2022
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*AIG
Professional services through: 6/30/2022: Invoice # 72586 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $11,310.40
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Item 20.

E-MAIL INVOICES
Our file no:

City of Beaumont*Fortier
Professional services through: 6/30/2022: Invoice # 72588 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $835.61
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Item 20.

E-MAIL INVOICES
Our file no:

City of Beaumont*Gregg
Professional services through: 6/30/2022: Invoice # 72589 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $14,832.00
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Item 20.

E-MAIL INVOICES
Our file no:

City of Beaumont*Iloputaife
Professional services through: 6/30/2022: Invoice # 72590 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $6,488.50
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E-MAIL INVOICES
Our file no:

City of Beaumont*Norton Rose
Professional services through: 6/30/2022: Invoice # 72592 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $14,454.00
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E-MAIL INVOICES
Our file no:

City of Beaumont*Richey
Professional services through: 6/30/2022: Invoice # 72593 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $2,324.95
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E-MAIL INVOICES
Our file no:

City of Beaumont*Sandoval
Professional services through: 6/30/2022: Invoice # 72594 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $1,730.50
339
Item 20.

E-MAIL INVOICES
Our file no:

City of Beaumont*Urban Logic
Professional services through: 6/30/2022: Invoice # 72595 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $4,855.50
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Item 20.

E-MAIL INVOICES
Our file no:

City of Beaumont-Labor&Employ
Professional services through: 6/30/2022: Invoice # 72597 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $693.10
341
Item 20.

E-MAIL INVOICES
Our file no:

City of Beaumont-NobleCreekRev
Professional services through: 6/30/2022: Invoice # 72598 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $1,386.20
342
Item 20.

E-MAIL INVOICES
Our file no:

City of Beaumont-OverRetainer
Professional services through: 6/30/2022: Invoice # 72599 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $14,890.00
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E-MAIL INVOICES
Our file no:

City of Beaumont-Retainer
Professional services through: 6/30/2022: Invoice # 72600 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $7,554.88
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P E N N S Y L V A N I A W I D E N I N G
W i d e n i n g o f P e n n s y l v a n i a t o f o u r l a n e s f r o m 1 s t S t r e e t t o 6 t h S t r e e t

P E N N S Y L V A N I A G R A D E S E P A R A T I O N V e r t i c a l R e a l i g n m e n t o f P e n n s y l v a n i a t o b y p a s s u n d e r t h e r a i l r o a d c r o s s i n g

S E C O N D S T R E E T E X T E N S I O N
E x t e n d i n g S e c o n d S t r e e t M a r k e t p l a c e w e s t b o u n d t o P e n n s y l v a n i a A v e n u e P H A S E 2 P O T R E R O I N T E R C H A N G E
A d d i t i o n o f O n /O f f R a m p s t o S R 6 0 , a s w e l l a s t h e r e a l i g n m e n t o f W e s t e r n K n o l l s .

S I G N A L I M P R O V E M E N T S
6 t h S t r e e t /B e a u m o n t A v e n u e p r o t e c t e d l e f t t u r n s i g n a l s
S R -7 9 /1 s t S t r e e t p r o t e c t e d l e f t t u r n s i g n a l s

H I G H L A N D S P R I N G S I N T E R C H A N G E
R e c o n f i g u r e e x i s t i n g i n t e r c h a n g e t o i m p r o v e t r a f f i c f l o w a n d s a f e t y .

O A K V A L L E Y I N T E R C H A N G E
R e c o n f i g u r e e x i s t i n g i n t e r c h a n g e a n d b r i d g e t o i m p r o v e t r a f f i c f l o w a n d s a f e t y .

W E S T S I D E F I R E S T A T I O N *
C o n s t r u c t i o n o f a f u l l s e r v i c e f i r e s t a t i o n l o c a t e d o n P o t r e r o B l v d . e a s t o f t h e O l i v e w o o d C o m m u n i t y
P O L I C E S T A T I O N /H E A D Q U A R T E R S *
C o n s t r u c t i o n o f a n e w p o l i c e s t a t i o n , a s a n a d d i t i o n t o t h e P u b l i c S a f e t y C o m p l e x l o c a t e d o n P o t r e r o B l v d , e a s t o f t h e O l i v e w o o d C o m m u n i t y .
*Is N O T a Tr a ns p o r t a t io n P r o je ct, bu t i s p a rt of P u bl i c Saf e t y I nf r a s t ru c t u r e

A C I T Y

E L E V A T E DBEAUMONT

T R A N S P O R T A T I O N

P R O J E C T S A T A G L A N C E

P R O J E C T D E T A I L S
B e l o w i s a l i s t o f i d e n t i f i e d C a p i t a l I m p r o v e m e n t P r o j e c t s (C I P ) f o r t r a n s p o r t a t i o n w i t h i n t h e C i t y o f B e a u m o n t . T h e t i m e l i n e s g i v e n a r e e s t i m a t e s b a s e d o n c o m p l e t i o n o f d e s i g n s , e n g i n e e r i n g , e n v i r o n m e n t a l s t u d i e s a n d c o n s t r u c t i o n b i d a w a r d s . T h i s l i s t d o e s n o t i n c l u d e a l l C I P p r o j e c t s i d e n t i f i e d a n d /o r b u d g e t e d f o r .

F o r m o r e i n f o r m a t i o n o n t h e s eprojects a n d m o r e g o t oBeaumontCA.g o v

P E N N S Y L V A N I A W I D E N I N G
T h i s p r o j e c t w a s i d e n t i f i e d a n d a d d e d to t h e C IP B u d g e t i n 2 0 1 7. A r c h i t e c t u r a l p l a n s a n d e n g i n ee r i n g h a v e b e e n c o m p l e t e d . C u r r e n t ly t h e p r o j e c t i s o u t t o b i d f o r c o n s t r u c t i o n .

P e r m i t ti n g a n d c o n s t ru c t i o n a r e s e t t o k i c k o f f i n t h e f a l l , w i t h c o ns t r u ct i o n e x pe c t e d t o t a k e 1 2 m o n t h s . T h i s p r o j e c t is f u l l y fu n d e d , i nc l u d i n g f u nd i n g o b t ai n e d f r o m t h e F e d e r a l In f r a s t r u c t u r e S p e n d i n g B i l l , w h i c h w a s a p p r o v e d i n M a r c h 2 0 2 2.

P E N N S Y L V A N I A G R A D E S E P A R A T I O N T h i s p r o j e c t w a s i d e n t i f i e d a n d a d d e d to t h e C IP B u d g e t i n 2 0 1 7. P r e l i m i n a ry d e s i g n a n d l a y o ut h a v e b ee n c o m p l e t e d .

C i t y C o u n c i l h a s a p p r o v e d f u n d i n g t o c o m p l e t e d e s i g n a n d e n g i n e e r i n g , w h i c h i s e x p e c t e d t o be c o m p le t e d i n J a n u a r y 2 0 2 4. C i t y C o u n c i l a n d S t a f f a r e w o r k i n g w i t h o u r s t a t e an d fe d e r a l p a r t n e r s t o a d op t t h e p r o j e c t a n d c om p l e t e c o ns t r u ct i o n .

S E C O N D S T R E E T E X T E N S I O N
T h i s p r o j e c t w a s i d e n t i f i e d a n d a d d e d to t h e C IP B u d g e t i n 2 0 2 0. I n i t i a l c o n c e pt u a l d e si g n a n d f e a s i b i l i t y h a s b e e n c o m p l e t e d . Ar c h i t e c t u r a l d e s i g n s a n d e n g i ne e r i n g a r e e x pe c t e d t o b e c o m p e t e d i n J u l y 2 0 2 2 . F i n a l e n v i r o n me n t a l s t u d i e s w i l l b e c o m p l e t e d i n F a l l o f 2 0 2 2 . A d v e r t i s e m e n t a n d a w a r d o f c o n t r a c t i s e x p e c t e d i n 2 0 2 3 . C i t y C o u n ci l i s c u r r e n t l y a p p r o v i n g c o n s t r u c t i o n f u n d i n g a n d c o n s t r u c t i o n i s e x p ec t e d t o b e c o m p l e t e i n e ar l y 2 0 2 4 .

P H A S E 2 P O T R E R O I N T E R C H A N G E
T h i s p r o j e c t w a s i d e n t i f i e d a n d a d d e d to t h e C IP B u d g e t i n 2 0 1 6. P h a s e 1 o f t h i s p r o j e c t w a s c o m p l e t e d i n 2 0 1 9 . P h a s e 2 i s u n d e r g o i n g a r e v i s e d t r a f f i c a n al y s i s a n d s h o u l d b e a p p r o v e d i n J u l y 2 0 2 2 . O n c e a p p r o v e d t he r e v i s e d p l a n a n d e n g i n e e r i n g s h o u l d b e c o mp l e t e d i n J a n u a r y 2 0 2 3 .

C o n st r u c t i o n w i l l t a k e 2 4 -3 0 m o n t h s a n d i s d e p en d e n t o n i d e n t i f y i n g f u n d i n g s o u r ce s . T hi s p r o j e c t n e e d s a p p r o x i m at e l y $3 0 m i l l i o n i n f u n d i n g , w h i c h s t a f f i s a c ti ve l y p u r s u i n g .

R E V : 7 /1 4 /2 0 2 2
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Item 21.

C o n s t r u c t i o n o n a C a p i t a l I m p r o v e m e n t P r o j e c t i s a p r o c e s s t h a t , d e p e n d i n g o n s i z e a n d m a g n i t u d e , c a n t a k e m o n t h s o r e v e n y e a r s t o c o m p l e t e .

C a p i t a l I m p r o v e m e n t P r o j e c t s a r e d e e p l y c o m p l e x w i t h t h e f o l l o w i n g s t a r t t o f i n i s h p r o c e s s :

A C I T Y

E L E V A T E DBEAUMONT

C A P T I A L I M P R O V E M E N T

P R O J E C T S

F R O M D E S I G N T O C O N S T R U C T I O N P R O J E C T D E T A I L S (C O N T I N U E D ) W E S T S I D E F I R E S T A T I O N *
550 E. 6TH STREET
(951) 769-8520
BEAUMONTCA.GOV

B E A U M O N T C I V I C C E N T E R
S T A G E 1 : I d e n t i f y
I d e n t i f y C i t y I n f r a s t r u c t u r e t o b e i m p r o v e d , s u c h a s p a r k s ,
s t r e e t s , t r a n s i t , c o m m u n i t y
f a c i l i t i e s , e t c .

S T A G E 2 : O b t a i n F u n d i n g
D e p e n d i n g o n t h e t y p e o f
p r o j e c t a n d i t 's i m p a c t l o c a l l y , r e g i o n a l l y o r b e y o n d , f u n d i n g
s o u r c e s c a n i n c l u d e o n e o r
m o r e o f t h e f o l l o w i n g : G r a n t s ,
l o c a l , c o u n t y , s t a t e , f e d e r a l
f u n d i n g , a n d /o r t a x r e v e n u e .

S T A G E 3 : D e s i g n
A r c h i t e c t s a n d e n g i n e e r s
d e t e r m i n e t h e s c o p e o f t h e
p r o j e c t a n d d e v e l o p a t i m e l i n e , w h i c h i n c l u d e s e n v i r o n m e n t a l
p l a n n i n g a n d d e s i g n .

T h i s pr o ce s s ca n t a k e 6 -4 8 mo n th s de p en d i n g on th e c o mp le x it y o f t he pro je c t .

S T A G E 4 : C o n s t r u c t i o n
A t t h e c o n s t r u c t i o n p h a s e , t h e
p u b l i c w i l l s e e t h e p r o j e c t s t a r t t o t a k e s h a p e .

S T A G E 5 : C o m p l e t i o n
Every completed project
ELEVATES our City!

S I G N A L I M P R O V E M E N T S
T h i s p r o j e c t w a s i d e n t i f i ed a n d a d d e d t o t h e C I P B u d g e t i n 2 0 2 0 . T r a f f i c A n a l y s i s a n d I m p r o v e m e n t p l a n s h a v e b e e n a p p r o v e d w i t h i n t h e C i t y . C u r r en t l y 1 s t S t r e e t i s a w a i t i n g a p p r o v a l f r o m C a l Tr a n s . A d ve r t i s e m e n t f o r i n s t a l l a t i o n o f t h e s i g n a l a r m s f o r 6 t h S t r e e t i s c u r r e n t l y b e i n g p r e p a r e d w i t h a n e x p e c t e d c o m p l e t i o n t i m e l i n e o f 3 m o n t h s . P e n d i n g C a l T r an s a p p r o v a l , a d v e r t i s e m e n t f o r i n s t a l l a t i o n o f t h e 1s t S t r ee t s i g n a l a r m s i s e x p e c t e d i n A ug u s t w i t h a c o m p l e t i o n t i m e l i n e o f a p p r o x i m a t e l y 4 m o n t h s . T h i s p r o j e c t i s f u l l y f u n d e d .

H I G H L A N D S P R I N G S I N T E R C H A N G E
T h i s p r o j e c t , c o o r d i n a t e d b y t h e R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n (R C T C ), b e g a n i n 2 0 1 9 w i t h a c o o p e r a t i v e a g r e e m e n t b e t w e e n th e C i t y o f B e a u m o n t, C i t y o f B a n n i n g , R C T C a n d C a l T r a n s . A p r o j e c t s t u d y r e p o r t w a s c o m p l e t e d i n N o v e m b e r o f 2 0 2 1 . C u r r e n t l y R C T C h a s a w a r d e d a c o n t r a c t f o r t h e P r o j e c t A p p r o v a l a nd E nv ir o n m e n t a l D e s i g n (P AE D ) r ep o r t , w h i c h w i l l t a k e a p pr o x i m a t e l y 2 4 m o n t h s . A f t e r t h i s i s c o m pl e t e d t h e p r o j e c t w i l l g o t o d e s i g n a n d e n g i n e e r i n g , w h i c h i s a n o t h e r 2 4 m o n t h p r o c e ss a n d t h e n a n o th e r 2 4 -3 0 m o n t h p r o c e s s f o r co n s t r uc t i o n . F u n d i n g f o r c o n s t r u c t i o n i s s t i l l b e i n g i d e n t i f i e d .

O A K V A L L E Y I N T E R C H A N G E
T h i s p r o j e c t w a s i d e n t i f i ed a n d a d d e d t o t h e C I P B u d g e t i n 2 0 2 0 . A p r o j e c t s t u d y r e p o r t w a s c o m p l et e d i n 2 0 0 9 . C u r r e n t l y a r e q u e s t f o r p r op o s a l (R F P ) f o r t h e P A E D w i l l b e r e l e as e d i n f a l l 2 0 2 2 .T h e P A E D t a k e s 2 4 m o n t h s . D e s i g n a n d E n g i n e er i n g w i l l n e e d t o b e c o m p l e t e d a f t e r t h a t , t h e n th e p r o j e c t w i l l g o o u t t o b i d f o r c o n s t r u c t i o n . F u n d i n g f o r c o n s t r u c t i o n i s s t i l l b e i n g i d e n t i f i e d .

T h i s p r o j e c t w a s i d e n t i f i e d a n d a d d e d to t h e C IP B u d g e t i n 2 0 1 6. C u rr e n t l y , t h e p r o j e c t i s o u t t o b i d f o r c o ns t r u ct i o n .

C o n st r u c t i o n i s se t t o be g i n i n S e p t e m b e r 2 0 2 2 , w i t h c o m p l e t i o n i n F a l l o f 2 0 2 3 . T h i s p r o j e c t i s f u n d e d .

P O L I C E S T A T I O N /H E A D Q U A R T E R S *
T h i s p r o j e c t w a s i d e n t i f i e d a n d a d d e d to t h e C IP B u d g e t i n 2 0 2 0. C u rr e n t l y , a f e a s i b i l i t y s t u d y i s b e i n g c on d u c t e d .

F u n d i n g f o r c o n s t r u c t i o n i s s t i l l b e i n g i d e n t i f i e d .

R E V : 7 /1 4 /2 0 2 2
346
Item 21.

347
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348
Item 22.

Records Indexing/Filing – A complete indexing of all records within the City Clerk’s office and implementation of a new filing system to be categorized in a user- friendly structure and format.
2022 Municipal Election – The 2022 Municipal Election will have five seats up for election (three Council Members, Treasurer and City Clerk). Nomination Period opened on July 18th.

Laserfiche Cleanup – A restructure of folders within Laserfiche to replicate the new filing system being established for ease of locating documents. A full audit of the documents will be conducted to be in accordance with the adopted retention schedule policy.

Public Records Requests for the Month
Requestor No. of
Requests
Date
Received
Response
Date
Response
Update
Status Staff Time
Allocated
C. Collins 1 June 1, 2022 June 1, 2022 Complete .50 hr H. Robles 2 June 6, 2022 June 6, 2022 Complete .50 hr
L. Chatar 6 June 9, 2022 June 17, 2022 Complete 1 hr
T. Galindo 2 June 14, 2022 June 17, 2022 Complete 1 hr J. Gabriel 5 June 10, 2022 June 14, 2022 Complete 1.50 hr L. Uremovic 2 June 16, 2022 June 16, 2022 Complete .50 hr 349
Item 22.

M. Robert 2 June 21, 2022 June 21, 2022 Complete .50 hr L. Uremovic 1 June 17, 2022 June 21, 2022 Complete 1.5 hr B. Freeman 1 June 22, 2022 June 23, 2022 Complete .50 hr L. Rivera 1 June 23, 2022 June 23, 2022 Complete .50 hr

No. of Requests No. of Completed Requests Staff Time
Allocated

23 23 8 hrs

350
Item 22.

351
Item 22.

352
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353
Item 22.

354
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355
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356
Item 22.

357Item 22.

358
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359Item 22.

360
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361Item 22.

362
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363Item 22.

364
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365
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369
Item 22.

Beaumont City CouncilJuly 19, 2022

Beaumont City Council
July 19, 2022