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review of background information and visit the site to collect data upstream and downstream of the site location.
If suitable habitat to support burrowing owls is present, Wood will:
• Wood will perform focused Burrowing Owl surveys in accordance with the methodology described in MSHCP, augmented by the Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game [now CDFW], March 7, 2012). The protocol focused BUOW surveys will include a survey of BUOW burrows on the site followed by focused BUOW surveys, on four separate days during the breeding season, based on the MSHCP requirements. If Burrowing Owl are present, a habitat loss mitigation and relocation program may be necessary. This proposal does not include costs for any type of BUOW habitat loss mitigation development or relocation program. If any additional tasks are indicated because of survey work, a separate cost proposal will be prepared.
Plant Surveys
Surveys for Munz’s onion and many-stemmed dudleya will be performed in all potentially suitable habitat areas within the project alignment during the appropriate flowering period, early April and late May. Surveys will be conducted in accordance with the guidelines established by the California Native Plant Society and California Department of Fish and Game (CDFG). The first site visit will be conducted in early April to account for the early blooming period and again in late May to account for the mid to late blooming period.
Following the field surveys, Wood will prepare a letter report of findings that will document the findings of the focused survey and, if applicable, will include a map of any observed sensitive plant species, including additional sensitive species not included in the list of species from the RCIP Conservation Summary Report Generator. Although USFWS and CDFG do not have a standard requirement for written reports, a letter report of findings will be prepared and submitted to the client and regulatory agencies as appropriate. Wood will also conduct a recent search of the California Native Plant Species Electronic Inventory (CNPSEI) and California Natural Diversity Database (CNDDB). In addition to the site description, methodology, and findings, the report will describe the areas of the site that are occupied by Munz’s onion and many-stemmed dudleya and provide an estimate of the number of occupied acres. Mitigation recommendations for potential impacts to sensitive plant species observed on the project site will also be included in the report.
Cultural Resources
Applied Earthworks will:
• Complete a cultural resource literature and records search at the Eastern Information Center (EIC), housed at the University of California, Riverside. • Contact the Native American Heritage Commission (NAHC) for a search of the Sacred Lands Files (SLF). Æ also will contact Tribes/individuals identified by the NAHC with local Traditional Use Areas that may have information regarding Native American cultural resources within the vicinity of the APE. Æ will initiate contact by emailed letter to be followed-up by email or telephone. • Conduct an intensive pedestrian field survey of the Project area. Survey transect spacing will range from 10 to 15 meters (30 to 50 feet) insofar as possible and the ground surface of all landforms with likely intact and significant cultural resources, if any, also will be examined. Additionally, Æ’s Archaeologist will investigate any unusual contours, soil changes, distinctive vegetation patterns, features (e.g., road cuts, ditches, and stream cuts), and other potential cultural site markers.
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• Prepare a report of findings, to Section 106 and CEQA standards. This report will describe the Project, cultural setting, desktop and field investigation methods, survey results, and management recommendations. The report also will incorporate the results of the records search from the EIC as well as communication with local Native American tribes. • Submit draft reports electronically in MS Word format for ease of review and submit final report electronically as a PDF file. After the City and federal agency has approved the report, Æ will submit one hardcopy of the final report to the EIC.
Paleontological Resources
Applied Earthworks will:
• Request museum records searches from the Natural History Museum of Los Angeles County (NHMLAC) and the Western Science Center (WSC) for recorded paleontological resource localities within and in the vicinity of the project boundary. we also will complete reviews of online paleontological records at the University of California Museum of Paleontology (UCMP) and the Paleobiology Database.
• Supplement museum collections records by reviewing published and unpublished geologic mapping and literature to identify the geology and paleontology of the project area. Upon receipt of the museum records search results and completion of the desktop study, Æ will conduct a pedestrian field survey to verify the High paleontological sensitivity of the project area. The field paleontologist will visually inspect the ground surface for exposed fossils within the project area and evaluate geologic exposures in and adjacent to the project area for their potential to include preserved fossil material in the subsurface.
• Prepare a paleontological technical memorandum documenting the desktop and field findings and will provide project-specific recommendations. All paleontological work will meet the Society of Vertebrate Paleontology’s (SVP) guidelines. One round of minor comments will be addressed following City and federal regulatory agency review of the draft memorandum.
Staff Report
TO: City Council
FROM: Jeff Hart, Public Works Director
DATE December 6, 2022
SUBJECT: Preliminary Engineering Agreement with Union Pacific Railroad for the Pennsylvania Avenue Grade Separation Project
Description Approve and sign a Preliminary Engineering agreement with the Union Pacific Railroad in an amount not to exceed $450,000.
Background and Analysis:
On July 19, 2022, the City Council approved an amendment to the professional services agreement with IDC Consulting Engineers, Inc. (IDC) for final design of the Pennsylvania Avenue Grade Separation Project. This project will create an underpass along Pennsylvania Avenue underneath the existing Union pacific Railroad (UPRR) crossing. The intent is to alleviate traffic congestion and provide an alternate route for traffic to travel across the I-10 corridor without being affected by a train crossing.
Part of the project includes the design of a temporary “shoofly track” that will allow the railroad to continue operations during the construction of the grad e separation. The City is required to coordinate with UPRR for design of all facilities within UPRR right-of-way, including the permanent bridge structure for the grade separation, and the temporary shoofly track.
UPRR has submitted the attached Preliminary Engineering Services Reimbursement Agreement for a not-to-exceed fee of $450,000. This agreement outlines the following services:
UPRR review of project designs, plans, and specifications, Field diagnostics and inspections,
Preparation of project estimates and work performed by the railroad, and Project meetings and travel.
The City and UPRR will work collaboratively on the design of the grade separation project per the attached agreement. The City Attorney’s office has reviewed the agreement.
Fiscal Impact:
The following table is an overview of the current project funding, project budget, and remaining budget.
2017-012 Pennsylvania Avenue Grade Separation Project Accounting Summary Funding Summary
Funding Year Funding Source Amount
FY 17/18 Road & Bridge DIF $2,250,000.00
FY 22/23 General Fund $1,000,000.00
Total Project Funding = $3,250,000.00
Budget Summary
Project Component Budget Encumbered Paid to Date Remaining Budget
Project Management $8,475.60 ($8,475.60) ($8,475.60) $0.00 Preliminary Services $0.00 $0.00 $0.00 $0.00
Environmental $297,284.00 ($52,284.00) ($49,993.65) $245,000.00 Design $1,990,183.00 ($1,990,183.00) ($510,905.41) $0.00 Construction $404,057.40 $0.00 $0.00 $404,057.40
Construction Management $0.00 $0.00 $0.00 $0.00
Permits $550,000.00 $0.00 $0.00 $550,000.00
Equipment $0.00 $0.00 $0.00 $0.00
Project Summary Totals $3,250,000.00 ($2,050,942.60) ($569,374.66) $1,199,057.40
The agreement with UPRR in an amount not to exceed $450,000 will be paid from the established available Permits budget as shown in the preceding table.
Recommended Action:
Approve and sign a Preliminary Engineering agreement with the Union Pacific Railroad for the Pennsylvania Avenue Grade Separation Project in an amount not to exceed $450,000.
Attachments:
A. Union Pacific Railroad (UPRR) Preliminary Engineering Agreement
1 UPRR REMS
Project 705327
REIMBURSEMENT AGREEMENT
PRELIMINARY ENGINEERING SERVICES
Effective Date:
Estimate: $450,000.00
THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of the Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (Railroad), and CITY OF BEAUMONT, CALIFORNIA (Agency).
RECITALS
A. Agency desires to initiate the project more particularly described on Exhibit A attached hereto (Project).
B. The Project will affect Railroad's track and right of way at or near the Project area more particularly described on Exhibit A.
C. Railroad agrees to collaborate with Agency on the conceptualization and development of the Project in accordance with the terms and conditions of this Agreement.
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to perform (or shall cause a third-party consultant to perform on Railroad's behalf) the preliminary engineering services work described on Exhibit B attached hereto (PE Work). Agency acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad makes no representations or warranties as to the validity, accuracy, legal compliance, or completeness of the PE Work; and (c) Agency's reliance on the PE Work is at Agency's own risk.
2. Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad and/or Railroad's third-party consultant, as applicable, for one hundred percent (100%) of all actual costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to Agency based on actual costs in connection with the PE Work. Within sixty (60) days after completion of the PE Work, Railroad will submit (and/or will cause its third-party consultant to submit) a final billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third-party consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or its third-party consultant, as applicable) for the PE Work shall apply regardless whether Agency declines to proceed with the Project or Railroad elects not to approve the Project.
2 3. Agency acknowledges and agrees that Railroad may withhold its approval for the Project for any reason in its sole discretion, including without limitation, impacts to Railroad's safety, facilities, or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications, and prepare material and force cost estimates for any Project related work performed by Railroad.
4. If the Project is approved by Railroad, Railroad shall prepare and forward to Agency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No construction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is finalized and executed by Agency and Railroad.
5. Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed.
6. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties.
7. This Agreement sets forth the entire agreement between the parties regarding the Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms or provisions set forth in any existing agreement related to the Project, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date.
CITY OF BEAUMONT, CALIFORNIA UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation
Signature Signature
Kenneth Tom
Printed Name Printed Name
Manager I, Engineering – Public Projects
Title Title
Exhibit A
Project Description and Location
Project Description
City of Beaumont, CA proposes to close the existing at-grade crossing referred to below after completion of widening the roadway, and construct a grade separated underpass in it's place, including a Railroad shoofly.
Location
Yuma Subdivision
DOT
Crossing
Type Milepost Street Name
760688Y Public 563.07 Pennsylvania Avenue
Exhibit B
Scope of Project Services
Scope of work includes, but is not limited to the following
• Field diagnostic(s) and inspections
• Plan, specification, and construction review
• Project design
• Preparation of Project estimate for force account or other work performed by the Railroad
• Meetings and travel
Exhibit C
Billing Contact Information
Name Dustin Christensen
Title Principal Engineer
Address 550 E. 6th Street, Beaumont, CA, 92223
Work Phone (909) 843-0722
Cell Phone
Email [email protected]
Agency
Project No.
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE December 6, 2022
SUBJECT: Award a Professional Services Agreement to Raftelis Financial Consultants, Inc. for a Sewer Rate Study in an Amount Not to Exceed $41,313
Description Award an agreement with Raftelis Financial Consultants, Inc. for professional engineering services for a sewer rate study.
Background and Analysis:
On October 6, 2022, the City issued a request for proposals (RFP) for professional engineering services for a sewer rate study. The sewer rate study will independently evaluate and make recommendations related to the City’s exiting wastewater rates and fee schedule. The final goals of this project include the development of the following:
Fair and reasonable wastewater rates and fees for a five-year (5) period, Ten-Year (10) Financial Plan to provide necessary revenue for the City’s Capital Improvement Plan needs, and
Updated financing and rate schedule models.
In 2018, the City retained a consultant to conduct a sewer rate study, primarily to develop a financial plan to fund upgrades to the brine line and wastewater treatment plant and update the City’s sewer rate structure. Other objectives addressed in the study included developing reserve targets and meeting debt coverage ratios for anticipated debt financing. The City adopted the recommendations set forth in the study, including a new five-year schedule of proposed rates and fees.
The City has since updated its ten-year Capital Improvement Program (CIP) as part of the 2021 Wastewater Master Plan, which includes capital allocations for gravity m ain, lift station, and wastewater treatment plant improvements, as well as allocations for condition assessment. With existing rates and fees set to expire on July 1, 2023, the City issued an RFP to reevaluate the City’s wastewater rates and fee schedule for the next five-year period to ensure sustainable operation and sufficient funding for CIPs.
The proposals were due on October 14, 2022, and the City received four (4) proposals.
The proposals were evaluated by a committee consisting of the Finance Director, Public Works Director, and General Manager of Utilities and were ranked by the following criteria:
Below is the final scoring sheet from the rating committee:
The top three (3) firms were interviewed on November 28, 2022, by the committee and the recommended best qualifying firm based off the ranking criteria and interviews were presented to the RFP sub-committee for recommendation to the City Council on November 29, 2022.
Raftelis was chosen for the following reasons:
RESPONDING FIRMS Location Best Possible
Score
Rater No.
1 Rater No.
2 Rater No.
3 Total
Score
NBS Temecula, CA 100 80.0 62.0 68.0 70.0
NewGen Strategies Annapolis, MD 100 92.0 57.0 87.0 78.7 Raftelis Murrieta, CA 100 96.0 81.0 91.0 89.3
Willdan Temecula, CA 100 88.0 80.0 81.0 83.0
FINAL SCORING BY RATER
Proposition 218 expertise – Raftelis has completed hundreds of rate studies for California sewer and water utilities. They showed the most understanding of the project in the interviews and the rating team liked their approach of community outreach.
California based staff – all Raftelis staff is located within California and an in- person presence will not be a problem when needed.
Ability to make deadline – Raftelis can start as soon as requested to meet the tight timeline that was proposed by the City.
Fiscal Impact:
The not to exceed amount of the contract is $41,313 and will be paid from CIP project WW-03.
Recommended Action:
Award a Professional Services Agreement with Raftelis Financial Consultants Inc. in an amount not to exceed of $41,313.
Attachments:
A. Professional Services Agreement for Sewer Rate Study B. Final Scoring Sheet
1 AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 6th day of December, 2022, by and between the CITY OF BEAUMONT (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and Raftelis Financial Consultants, Inc. dba Raftelis, whose address is 24640 Jefferson Avenue, Suite 207, Murrieta, CA 92562 (“CONTRACTOR”).
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. CITY desires to engage CONTRACTOR to provide Professional Engineering Services for Sewer Rate Study; and
B. CONTRACTOR has made a proposal (“Proposal”) to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit “A”; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year unless extended by the parties with the approval of the City Council of the CITY.
2. Services to be Performed. CONTRACTOR agrees to provide the services (“Services”) as follows: Sewer Rate Study Services per Exhibit “A” and any other services which the City may request in writing. All services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates John Wright as CONTRACTOR’S professional responsible for overseeing the Services provided by CONTRACTOR.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
2 4. Compensation.
4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed Forty-One Thousand, Three Hundred and Thirteen Dollars and Zero Cents ($41,313.00).
4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Obligations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work
3 hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR’s failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR’s employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY’s advance written approval.
5.09 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug- free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall
4 comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If CONTRACTOR or CONTRACTOR’s employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers’ Compensation coverage for any of CONTRACTOR’s employees that will be providing any Services hereunder. CONTRACTOR will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any workers’ compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.
6.04 Optional Insurance Coverage. Choose and check one: Required /Not Required _X_; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.
7. General Conditions pertaining to Insurance Coverage
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A:VII”). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be
5 suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY’s protection without CITY’s prior written consent.
7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
8. Indemnification.
8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs caused by the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, actual attorneys’ fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever, in whole or in part to the performance of this Agreement.
CONTRACTOR’s obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR’s agents and/or employees) is alleged to be an employee of CITY.
All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and
6 hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
9. Additional Services, Changes and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.
10. Termination of Agreement.
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement.
Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR’s own way as an independent contractor, and in pursuit of CONTRACTOR’s independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY’s City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY’s employees, including disability or unemployment insurance, workers’ compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers’ compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY
7 and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY’s sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY. CITY may use Work Products as contemplated herein and may reuse or modify it without further compensation to Consultant. However, any reuse or modification shall be at the sole risk of the CITY. Nothing contained herein shall be deemed an assignment, transfer or divestiture by Consultant of its trade secrets, know-how or intellectual property.
12.02 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY’s agents for examination all of such records and shall permit CITY’s agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY’s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief,
8 is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.
CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.
13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
[Signatures on following page]
9 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above-written.
CITY:
CITY OF BEAUMONT
By: ________________________________
Lloyd White, Mayor
CONTRACTOR:
RAFTELIS FINANCIAL CONSULTANTS,
INC. dba RAFTELIS
By: ______________________________
Print Name: _______________________
Title: _____________________________
EXHIBIT “A”
PROPOSAL
(insert behind this page)
EXHIBIT “B”
CERTIFICATES OF INSURANCE AND ENDORSEMENTS A
(insert behind this page)
RFP NO. WW #22-02TITLE: SEWER RATE STUDY RESPONDING FIRMS LOCATIONBEST POSSIBLE RANKINGRater No. 1Rater No. 2Rater No. 3Total Ranking ScoreFinal RankNBS Temecula, CA4121 11NewGen Strategies Annapolis, MD4313 23Raftelis Murrieta, CA4444 44Willdan Temecula, CA4232 22RESPONDING FIRMS LocationBest Possible ScoreRater No. 1Rater No. 2Rater No. 3Total ScoreNBS Temecula, CA10080.0 62.0 68.0 70.0NewGen Strategies Annapolis, MD10092.0 57.0 87.0 78.7Raftelis Murrieta, CA10096.0 81.0 91.0 89.3Willdan Temecula, CA10088.0 80.0 81.0 83.0CITY OF BEAUMONTTOTAL RANKING BY RATERFINAL SCORING BY RATER0112233445NBS NewGen Strategies Raftelis WilldanRanking by FirmsPage 639 of 657
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE December 6, 2022
SUBJECT: Proposed Change of Planning Commission Meeting Day
Description Discussion and possible action on a proposed change of Planning Commission meeting day from the second Tuesday of the month to the second Wednesday of the month beginning January 2023.
Background and Analysis:
Beaumont Municipal Code Chapter 2.24 Planning Commission and Community Development Department establishes the City’s Planning Commission and the regulations by which it must operate. Chapter 2.24.070 Procedures establishes the Planning Commission shall hold at least one regular meeting per month but does not specify when that meeting must take place.
Currently, the Planning Commission meets on the second Tuesday of each month for its regular meeting and utilizes the fourth Tuesday of the month if an additional meeting is needed. At the October 26, 2022, Planning Commission meeting, staff proposed moving the meetings from the second Tuesday of the month to the second Wednesday of the month. This would allow Tuesdays to remain open for special Council meetings or workshops as needed. The change would also allow Planning Commission to meet after the Economic Development Committee (EDC) meetings. Staff is hopeful that moving the Planning Commission meeting to follow EDC will encourage more participation in both meetings by the public and the respective committee and commission members.
Fiscal Impact:
The cost to prepare this staff report is approximately $100.
Recommended Action:
Adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Adopting Planning Commission Meeting Days.”
Attachments:
A. Resolution
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, CALIFORNIA,
ADOPTING PLANNING COMMISSION MEETING DAYS
WHEREAS, Beaumont Municipal Code Section 2.24.070 establishes the Planning Commission shall hold at least one regular meeting per month ; and
WHEREAS, the City desires to increase public participation at the Planning Commission meetings and ensure an adequate availability of days for special meetings and workshops; and
WHEREAS, the purpose of this Resolution is to establish the regular Planning Commission meeting day at the Second Wednesday of each month ; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
BEAUMONT DOES RESOLVE, DECLARE AND DETERMINE AS
FOLLOWS:
SECTION 1. That the regular meeting day for the City’s Planning Commission, is established as the second Wednesday of each month, is hereby adopted meeting the requirements of Beaumont Municipal Code Chapter
2.24.070.
SECTION 2. That the City Council may, from time to time, change by motion the date, time and place of any of the City’s boards and commissions regular meetings.
SECTION 3. If there is no item to present, a Planning Commission meeting may be canceled.
SECTION 4. 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 6th day of December 2022, by the following roll call vote
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF BEAUMONT CITY COUNCIL
____________________________
Lloyd White, Mayor
ATTEST:
____________________________
Nicole Wheelwright, City Clerk
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
DATE December 6, 2022
SUBJECT: Discussion on the Finance and Audit Committee
Description Discuss and possible direction on the Finance and Audit Committee.
Background and Analysis:
At the request of Council Member Fenn, this item is presented tonight to discuss the Finance and Audit Committee in detail and possibly provide direction to staff.
The Finance and Audit Committee was originally created in 2015 with the adoption of Ordinance 1062 (Attachment A); and subsequently amended in 2016 with the adoption of Ordinance 1076 (Attachment B). The ordinances were codified into Chapter 2.35 of the Beaumont Municipal Code (Attachment C).
The primary purpose of the Committee is to act in an advisory capacity to City Council and work to promote enhanced fiscal responsibility, accountability, integrity, transparency, and to recommend fiscal and investment policies for City Council consideration. The specific powers and duties include making recommendations to City Council on City investment policies and practices, long-term financial planning, and such other matter as the City Council may request from time to time.
The Committee consists of nine members, with at least two City Council members, the City Treasurer, the City Manager (or designee), and five residents of the City. The ninth member can either be a resident or own a business operating within the City. The City Manager is a non-voting member. Committee members may be removed from the Committee after three consecutive unexcused absences from meetings and a majority vote of the Committee. Committee members are appointed by Council for a term of two years and serve without compensation.
The Committee is required to appoint a chair who shall conduct the Committee meetings in compliance with the Brown Act and other applicable laws and report quarterly to the City Council on Committee activities and recommendations.
The Committee currently meets on the second Monday of each month and by ordinance, must meet at least once every 60 days.
The current committee members include Council Member Fenn, Council Member Santos, City Treasurer Ginnetti, City Manager Gibbs, Vicechair David Vanderpool, Member Dennis Garcia, and Member Dameon Butler. Former Chair Steve Cooley resigned his position in October, leaving the chairmanship vacant. There are currently two vacancies and no alternate members on the Committee. Additionally, three members’ terms will expire in December 2022, two of which are the vacant positions.
The application process is underway now and will close December 8 th; however, the City Clerk has not received any applications for appointment at this time.
In 2022, the following meetings were scheduled:
January 10th
February 14th
March 14th
April 11th
May 9th – No quorum, informational meeting held.
June 13th – Meeting cancelled due to lack of quorum.
August 8th
September 12th
October 20th – Meeting cancelled due to lack of quorum.
November 28th
During the seven meetings held in 2022, the Committee reviewed quarterly investment reports, monthly budget to actual reports, the draft FY2021 report of internal control over financial reporting, the pension funding policy and investment strategy for PARS 115 Trust, accounts payable automation services, request for proposal procedures, the FY2021 single audit report, cost allocation plans, a recycled content paper and recovered organic waste product procurement requirements/purchasing policy, and reviewed the draft FY2022 annual comprehensive financial report.
The Committee also created sub-committees on internal controls, financial training, CFD training and FAQs, reserve policy, CalPERS liability, long-term financial sustainability, and bond accountability. Each sub-committee was assigned various tasks to accomplish and bring back to the full committee.
It is important to note that with the current vacancies, each existing member must attend each meeting in order to have a quorum and conduct the business of the Committee.
Any absence results in a lack of quorum.
An inquiry was sent out to other cities with similar committees to determine how they play a role within those prospected cities. The following questions we re proposed:
1. How often does your committee meet?
2. How many voting members are on the committee?
3. What is the committee’s role?
Any responses will be compiled and brought forth during the City Council meeting.
Fiscal Impact:
None.
Recommended Action:
Discussion and direction to staff.
Attachments:
A. Ordinance 1062
B. Ordinance 1076
C. BMC Chapter 2.35
TITLE 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.35 FINANCIAL AND AUDIT COMMITTEE
Beaumont, California, Code of Ordinances Created: 2022-05-02 10:28:41 [EST] (Supp. No. 6, Update 2)
Chapter 2.35 FINANCIAL AND AUDIT COMMITTEE
2.35.010 Purpose and intent.
The purpose of this Chapter to establish a Financial and Audit Committee. The Financial and Audit Committee shall act in advisory capacity to the City Council and work to promote enhanced fiscal responsibility, accountability, integrity, transparency, and to recommend fiscal and investment policies for City Council consideration.
( Ord. No. 1062 , § 3, 9-15-2015; Ord. No. 1076 , § 3, 7-5-2016)
2.35.020 Definitions.
(A) "City" shall mean the City of Beaumont;
(B) "Code" shall mean the City of Beaumont Municipal Code; (C) "Committee" shall mean the Financial and Audit Committee as established herein. ( Ord. No. 1062 , § 3, 9-15-2015; Ord. No. 1076 , § 3, 7-5-2016)
2.35.030 Creation of Committee.
There is hereby created a Financial and Audit Committee. The Committee shall consist of nine members. ( Ord. No. 1062 , § 3, 9-15-2015; Ord. No. 1076 , § 3, 7-5-2016)
2.35.040 Appointment and qualification of Committee members.
The City Council shall appoint the members of the Committee. Committee members shall be at least 18 years of age and shall consist of at least two members of the City Council, the City Treasurer, the City Manager or his or her designee as the highest ranking financial staff member of the City, and five re sidents of the City of Beaumont.
The ninth committee member shall either be a City resident and/or he or she must own a business operating within the City. The City Manager and his or her designee as the highest ranking financial staff position shall be on the Committee as non-voting members. There will be nine voting members. Any Committee member may be removed from the Committee after three consecutive unexcused absences from meetings and a majority vote of the Committee.
( Ord. No. 1062 , § 3, 9-15-2015; Ord. No. 1076 , § 3, 7-5-2016)
2.35.050. Term and tenure of members.
All members of the Committee shall be appointed for a term of two years and shall serve at the pleasure of the City Council. Members shall serve without compensation. ( Ord. No. 1062 , § 3, 9-15-2015; Ord. No. 1076 , § 3, 7-5-2016)
Created: 2022-05-02 10:28:41 [EST]
(Supp. No. 6, Update 2)
2.35.060. Powers and duties.
The Committee shall be advisory to the City Council. The Committee shall hold public meetings at least once every 60 days. The Committee shall make recommendations to the City Counc il regarding:
(A) City investment policies and practices;
(B) Long term financial planning;
(C) Such other matters as the City Council may request from time to time. ( Ord. No. 1062 , § 3, 9-15-2015; Ord. No. 1076 , § 3, 7-5-2016)
2.35.070 Rules and regulations.
The Committee shall appoint a chair, who shall conduct Committee meetings and report quarterly to the City Council on Committee activities and recommendations. The Committee shall adopt such rules and regulations as are needed to conduct its meetings and shall comply with the Brown Act and other applicable laws. ( Ord. No. 1062 , § 3, 9-15-2015; Ord. No. 1076 , § 3, 7-5-2016)