The following criteria are the basis for distinguishing costs as either capital or repair and maintenance expense:
• With respect to improvements on non -infrastructure and infrastructure under the Basic Approach, costs should be capitalized if the useful life of the asset is substantially extended, or the cost results in a substantial increase in the capacity or efficiency of the assets.
Otherwise, the cost should be expensed as repair and maintenance. • With respect to improvements on infrastructure under the Modified Approach, costs should be capitalized if expenditures substantially increase the capacity or efficiency of an infrastructure. Otherwise, costs, including those that preserve the useful life of an infrastructure asset, are expensed.
7. Improvements. Improvements to existing fixed capital assets will be presumed (by definition) to extend the useful life of the related fixed capital assets, and therefore, will be subject to capitalization only if the cost of the improvement meets the $5,000 threshold.
Therefore, an improvement to a fixed capital asset that had an original cost of less than $5,000, but now exceeds the threshold as a result of the improvement, should be combined as a single asset at the total cost (original cost plus the cost of the improvement) and capitalized.
8. Capital Projects. Capital projects will be capitalized as "design in progress" or "construction in progress" until completed. The costs associated with the capital project include direct costs, such as labor and materials, as well as indirect and ancillary costs. The City utilizes the Project Accounting module of the financial software to track and report project budgets, actual costs, encumbrances, revenue sources and status of projects.
Capitalization Valuations
The objective of fixed capital asset accounting is to account for the City's historical acquisition cost, not present market or replacement values of City fixed capital assets. Therefore, fixed capital assets are valued at historical cost. In those instances where historical costs are not available, fixed capital assets are valued at estimated historical cost. Donated fixed capital assets are valued at their estimated fair market value on the date donated. In valuating fixed capital assets, the following guidelines are used.
1. Buildings. Costs include all expenditures in connection with their acquisition such as purchase price or construction cost, fixtures attached to the structure, architect's fees, engineering fees, and insurance during construction.
2. Construction in Progress. Assets are recorded in the same manner as assets acquired by purchase or construction contract. Costs that are capitalized are service charges, materials, and architects and engineering payments and retentions.
3. Design in Progress. Costs that are capitalized include service charges, materials and architects and engineering payments and retentions.
4. Equipment. Costs include all expenditures including the purchase price (before trade-in 55 Draft 4/10/2023
allowance) freight charges, taxes and installation costs.
5. Improvements. Costs include all expenditures in connection with their acquisition such as purchase price or construction costs, materials costs, installation costs, fixtures, architect's fees, engineering fees, freight charges, taxes and insurance during construction.
6. Infrastructure. Costs include all expenditures in connection with their construction including labor costs, material costs, installation costs, engineering fees, freight charges, sales taxes and insurance during construction.
7. Land. Costs include all expenditures in connection with land acquisition such as purchase price, appraisal fees, title policy fees, demolition, site clearance, etc.
8. Street Drainage. Costs include all expenditures in connection with their construction including materials costs, installation costs, engineering fees, freight charges, sales taxes and insurance during construction.
9. Streets and Roads. Costs include all expenditures in connection with their construction including material costs, installation costs, engineering fees and insurance during construction.
10. Traffic Signals. Costs include purchase price, freight charges, taxes and installation charges.
11. Vehicles. Costs include purchase price, sales tax, freight charges and installation costs.
Depreciation
1. Principles and Guidelines. The purpose of depreciation is to spread the cost of fixed capital assets equitably among all users over the life of these assets. The amount charged to depreciation expense each year represents that year's pro rata share of the cost of the fixed capital asset.
General Accounting Standards Board (GASB) Statement 34 requires that all capital assets with limited useful lives be depreciated over their estimated useful lives. Alternatively, the "modified approach" may be used for certain capital assets. Depreciation is not provided under this approach, but all expenditures for these assets are expensed, unless they are additions or improvements.
Except for streets and roads covered by the "modified approach," depreciation is booked on fixed capital assets. Depreciation of all fixed capital assets is charged as an expense against operations each year. The total amount of depreciation taken over the years, called accumulated depreciation, is reported on the balance sheet as a reduction in the book value of the fixed capital assets.
Depreciation is used solely in Proprietary Fund Types. Depreciation is important in these funds because it is included as an operational expense of these funds. Unlike Governmental Fund Types, fixed capital assets are reported in the balance sheet accounts of each Proprietary Fund.
The use of these assets over a period of time is charged as a depreciation expense.
2. Depreciation Method. Depreciation is provided using the straight-line method which means the cost of the asset is divided by its expected useful life in years and the result is charged to 56 Draft 4/10/2023
expense each year until the asset is fully depreciated.
3. Estimated Useful Life. The estimated useful life of an asset will vary dcpcnding on the type below:
Buildings 40-50 Years
Infrastructure 40 50 Y ars
Street Drainage /10 50 Y ars
Curb, Gutter and Sidewalk /10 Y ars
Traffic Signals 20 Years
Furnit ire Fixt ur [ cl 5 Ye
,�, r�,���r,��es� ehi�es 4���ars
Machinery and Equipment 2 20 Ygiars
The City has established recommended useful lives for capital assets as follows:
ASSET CLASS
USEFUL LIFE
Building and Improvements
10 — 30 years
Infrastructure
10 — 50 years
Street Drainage
40 — 50 years
Curb, Gutter and Sidewalk
40 years
Traffic Signals
20 years
Equipment and Machinery
3 - 20 years
Furniture and Fixtures
3 - 20 years
Vehicles
5 - 10 years
Inventory Control Policy
1. Inventory Control Criteria. Inventory control is applied only to movable fixed assets and not to land, buildings or other immovable fixed assets. Fixed Certain assets subject to inventory control will be accounted for and controlled through the same systems and procedures used to account and control fixed capital assets subject to capitalization.
Fixed Capital assets will be subject to inventory control if they meet at least one of the following criteria:
A. The fixed capital asset has a useful life that exceeds one year two -years.
B. The original cost of the fixed capital asset is equal to or greater than $5,000.
C. Any asset less than $5,000 as requested from a department. This may include certain machinery and equipment that, due to their portability, character or value outside of the office are susceptible to loss, theft, misplacement or borrowing. It may also include any asset that has been requested by a department to be controlled in order to satisfy an internal (operational) or external federal or state regulatory requirement.
D. Any asset required to be controlled and separately reported pursuant to grant conditions or any other externally imposed reporting requirement. For 57 Draft 4/10/2023
example, a grant program that has funded the acquisition of a fixed capital asset may impose a requirement that the fixed capital asset be tracked and identified as a grant funded asset.
2. Annual Review and Certification. Each Department Head holds ultimate responsibility for safeguarding their fixed capital assets against theft or loss. At the end of each fiscal year, the Finance Department will forward to each department a listing of their fixed capital assets for review and certification. It is the responsibility of the Department Head to verify and certify the accuracy of the information contained in that report. Any discrepancies must be reported to the Finance Department.
3. Fixed Asset Report. All departments involved in the construction or dedication of improvements or infrastructure assets must complete a fixed capital asset report when filing a Notice of Completion or Acceptance. The report must be forwarded to the Finance Department for inclusion in the City's fixed capital asset database and the City's engineers for inclusion on the City's Geographic Information Systems (GIS) database.
5. Transfers of Fixed Asset. Requests for transfers of fixed capital assets will be in writing and submitted to the Finance Department and City Manager for approval. The Finance Department will be responsible for making the appropriate transfers on the City's computerized Fixed Captial Asset database and keeping a file of all transfers.
Impairment
As part of the periodic inventory of capital assets, a measurement of physical condition will also be performed. The Government Accounting Standards Board (GASB) Statement No. 42 Accounting and Financial Reporting for Impairment of Capital Assets and for Insurance Recoveries will be applied. The City is required to evaluate prominent events or changes in circumstances affecting capital assets to determine whether impairment has occurred. "Impairment" may include physical damage, enactment or approval of laws or regulations, changes in environmental factors, technical changes, or evidence of obsolescence, changes in the manner or duration of use of an asset, and construction stoppages.
A capital asset is impaired if both:
(a) The decline in the ability to use an asset is large in magnitude (>$100,000). (b) The event is outside the normal life cycle of a capital asset.
In the case of theft, fire, flood, obsolescence, or other event regarding the usefulness of an asset, departments need to evaluate the usefulness or availability of that asset in the future. This may require outside assistance from an appraiser and/or the Finance Department to determine significance and applicability. Impairment must be conspicuous — e.g., known to the City that a material event has occurred.
To measure the amount of the impairment, the department will need to work with the Finance Department to determine if the above factors exist. If so, the portion of the asset to be adjusted would depend on the usefulness after repair (if applicable.) Usefulness assessments will need to be known as soon as possible. Other items will need to be known include:
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1. What is the estimated cost to restore the asset to full utility?
2. What would be the current cost to replace the asset?
3. What is the salvage value, if any?
If there is impairment, these items will be used to measure impairment given the facts of the occurrence.
Once known, this information must be communicated to the Finance Director in writing so the asset value may be adjusted on the City's Asset Register.
Additionally, impairment losses should be reported in financial statements in accordance with the guidance provided by GASB. If not otherwise apparent from the face of the financial statements, the description, amount, and financial statement classification of impairment losses should be disclosed in the notes to the financial statements. If evidence is available to demonstrate that the impairment will be temporary, the capital asset should not be written down.
Impaired capital assets that are idle should be disclosed, regardless of whether the impairment is considered permanent or temporary.
Disposal of Fixed Assets
1. Disposal Authority. No fixed capital assets may be disposed of without the approval of the City Council or the City Manager and Finance Department. Disposal of all land and buildings and all other fixed capital assets with a value of over $5,000 must have City Council approval. If it is determined that the fixed capital assets sold as a unit have a value less than $5,000, the property may be disposed of in a manner approved by the Department Head, Finance Department, and the City Manager. Fixed Capital assets will only be disposed of after checking with other City departments to see if they can use the property.
2. Disposal Value. It is the responsibility of each department to appraise fixed capital assets designated as surplus prior to sale.
3. Disposal Methods. Fixed Capital Assets may be disposed of in the following ways:
A. Sealed bids after at least three public notices have been published in the newspaper.
B. Public auction after at least three notices have been published in the newspaper.
C. Traded in to reduce the purchase price of a new replacement for a fixed capital asset.
D. Taken to a federal or state surplus property facility and sold through that facility.
E. Sold or donated to another government agency.
F. Recycled and disposed of as junk to a landfill or other appropriate waste removal facility.
G. Other method approved by the City Council or the City Manager where it is believed that the highest price can be obtained for the fixed capital asset. The City Council or City Manager will determine the most appropriate method of disposing of fixed capital assets.
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4. Proceeds from Sales and Auctions. All proceeds from the sale of fixed capital assets will be allocated to the City's General Fund unless the property was originally purchased with monies from a specific City Accounting Fund, in which case, the proceeds will be returned to that specific Accounting Fund, or to the Internal Service Fund which will be used to replace that asset.
SYSTEM DESIGN
The City utilizes Tyler Fixed Assets module software which is an internet based solution to tracking and managing the capital assets and related depreciation. Assets are added to the software as identified for capitalization. The software system has been established to include the following data:
Date Placed in Service
Description
Estimated Useful Life
Department
Total Cost
Current Depreciation Expense
Disposition Date
Sale Proceeds
Fixed Asset ID number
Asset Control Account
Serial Number (if applicable)
Location
Useful Life
Accumulated Depreciation
Method of Disposition
60 Draft 4/10/2023
Capital Improvement Policies
Introduction
Capital improvement policies ensure that limited capital improvement funds are expended efficiently, effectively and provide the maximum public benefit. The Capital Improvement Plan (CIP) outlines a schedule of public service expenditures. The CIP does not address all of the capital expenditures for the City, but provides for large, physical improvements which are permanent, including the basic facilities, services and installations needed for the functioning of the community. These include utilities, municipal facilities and other miscellaneous projects. A capital improvement project is an investment of public and/or private funds of at least $25,000 and a useful life of more than two -years.
Scope
The City's capital Improvement policies apply to all personnel, departments, divisions, and offices of the City government as well as all associated accounting funds under the direct authority of the City of Beaumont. These accounting funds include, but are not limited to, the General Fund, Special Revenue Funds, Enterprise Funds, Internal Service Funds, Debt Service Funds, Capital Projects Funds, Private - Purpose Trust Funds and Agency Trust Funds. These capital improvement policies are also applicable to the City's blended component units, including the Successor Agency to the Beaumont Redevelopment Agency, Beaumont Utility Authority, Beaumont Conservation Authority and Beaumont Public Financing Authority.
Responsibility
The City Manager is ultimately responsible for the City's implementation and compliance with these policies, unless the City Council authorizes exceptions. Under the direction of the City Manager, the Finance Director will review, develop and implement a system of processes and procedures to ensure compliance with these policies throughout the entire organization. The City Manager will work with the Finance Director to ensure these policies are updated on a timely basis.
New Construction
New residential, commercial and industrial developments must be approved by the City Engineer and be fully completed before acceptance by the City. The City requires surety bonds or stand-by letters of credit in a form approved by the City Attorney to guarantee the construction of off -site improvements in all new developments. The improvements that must be installed in each development are water lines, sewer lines, flood control facilities, underground electrical lines, underground telephone lines, underground natural gas lines, underground cable television lines, curbs, gutters, sidewalks and a finished street, with enough road base and asphalt depth to last at least 15 years. Construction standards to achieve this useful life have been determined and adopted by the City.
Capital Project Funding and Construction Categories
Beaumont capital projects may be divided into four categories. They are current -year funded projects, Five -Year Capital Improvements Plan (CIP) projects, planned, but unfunded projects, and unfunded future needs projects.
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1. Category 1 Projects: Current -Year Funded Projects. This category includes projects that funding has been appropriated in the current fiscal year's capital budgets and legal contracts have been signed to commit thccc funds. The City Council has determined through the annual budgeting process that these projects are in the best interest of the public's health, safety, and welfare. These projects have been carefully planned to maximize the benefits derived through the use of the City's limited resources. Projects that generate future revenues that will fund future services and projects and benefit the entire community will receive first priority for funding.
2. Category 2 Projects: Five -Year Capital Improvement Plan (CIP) Projects. This category includes projects where funding will come from projected revenues in the second through fifth year of the Five -Year Capital Improvements Plan (CIP). The fiscal year in which anticipated funding has been reserved may change due to the available revenues. All projects in this category must be tied to a projected funding source.
3. Category 3 Projects: Planned but Unfunded Projects. This category includes projects that are planned and required to maintain established levels of services throughout the City for the existing population. Typically, these projects are needed as a result of deteriorating infrastructure, updates to various General Plan Elements, or are in areas where minimum levels of service are not currently being met. These projects are not intended to promote residential growth, but to sustain municipal services for the existing residents. If a funding source becomes available, a project in this category may be moved to a Category 2 Project.
4. Category 4 Projects: Unfunded Future Needs Projects. Projects under this category are a condition of future growth and will generally be included in undeveloped areas. It is the intent of the City that development should pay for public improvements to meet established minimum levels of service. In this category, projects are not anticipated to be upgraded to a higher category without revenue generating potential.
Capital Project Financing
Capital improvements and equipment purchases are financed in accordance with the following policies:
1. General Fund and Enterprise Fund Equipment Purchases. City departments within the General Fund will finance equipment purchases from current year appropriations. Multi -year equipment lease -purchase agreements will be avoided except in rare cases.
2. General Infrastructure Construction Projects. Capital projects for general governmental purposes such as land purchases, building construction, road construction, street paving, storm drain installation and other major improvements are financed from revenues allocated to the General Capital Projects Fund. The General Capital Projects Fund contains revenues from unrestricted sources as well as restricted sources such as development impact fees or federal, state and county grants. Major capital improvements that cannot be delayed until the required funds are accumulated may be financed by issuing general obligation bonds, revenue bonds (where permissible), or by a combination of any of these methods.
3. Enterprise Fund Construction Projects. All capital projects in the Enterprise Funds are paid from resources provided by development impact fees, contributed capital revenues and net income from operations. If these sources cannot provide sufficient resources for Enterprise 62 Draft 4/10/2023
Fund improvements, construction of these improvements may be financed by general obligation bonds, revenue bonds or by a combination of any of these methods.
4. Special Assessment Districts. Capital improvements or public services that benefit a given area may be financed in accordance with state law by special assessment districts. These districts are established where the majority of the residents or businesses want specific improvements or public services and consent to pay for them over time. In these cases, the City finances the specific capital improvements with bonds and public services through a special tax or special annual assessment. Property owners then pay the principal and interest for capital improvements over a designated time period.
Five -Year Capital Improvements Plan
The Five -Year Capital Improvements Plan (CIP) is a multi -year guide to the construction of community improvements such as roads, storm drains, curbs, gutters, sidewalks, water facilities, sewer facilities, storm drainage facilities and other needed City improvements. It is through this process that the long- range plan for the orderly maintenance and improvement of Beaumont's physical fixed assets can be accomplished. This document is intended to serve as a planning tool and is structured to present a meaningful perspective of the community's long-range needs.
The Five -Year Capital Improvements Plan (CIP) determines the budgeted capital projects for the current fiscal year only. There are no specific appropriations established via the adoption of the Five -Year Capital Improvements Plan (CIP) with the exception of the current fiscal year. Subsequent year appropriations and actual funding sources are identified as part of the preparation of the annual budget.
Utility Coordination
All capital construction and maintenance projects are coordinated with Southern California Edison, The Gas Company, Time -Warner Communications, Beaumont Water District, and other utilities. This saves Beaumont residents money and will avoid tearing out improvements after they have been installed.
Five -Year Capital Improvements Plan (CIP) Preparation
Each department is asked every year to identify potential capital projects and their estimated cost.
Financial forecasts for the General Fund, Special Revenue Funds and Enterprise Funds are then prepared to identify what monies will be available for future projects. Projects that cannot be funded from money generated through the general course of business must be financed with development impact fees, grants, bonds or must be postponed or cancelled.
During the City Council budget work sessions, potential capital projects are discussed enabling the City Council to review staff recommended projects and make any necessary changes. When consensus is reached on the capital projects and proposed funding sources, the staff will prepare a formal Five -Year Capital Improvement Plan (CIP) document that will be presented to the City Council. The adoption of this document commits the City Council to spend money on projects listed in the current fiscal year only.
The City can face significant changes in economic conditions, funding sources and political priorities every year. Therefore, the Five -Year Capital Improvements Plan (CIP) must be annually updated. 63 Draft 4/10/2023
Capital Project Priority Criteria Considerations
Capital projects are prioritized using revenue generating and cost avoidance considerations; health, safety, and welfare considerations; level of service considerations; maintenance considerations; aesthetic considerations; and leverage and timing considerations.
1. Revenue Generating and Cost Avoidance Considerations. Projects that enhance revenues or reduce costs will be given first priority in order to improve the financial position of the City and enhance the ability to do future projects or deliver high levels of municipal services.
New commercial, residential, and industrial development must pay for its infrastructure either by constructing these items or paying impact fees.
2. Health, Safety and Welfare Considerations. One of the primary purposes of government is to provide for the health, safety, and welfare of its citizens. The City must provide safe drinking water, safe streets, safe sidewalks as well as adequate police protection, solid waste disposal, and storm water disposal and treatment of municipal sewage.
3. Level -of -Service Considerations. Many older City developments were constructed decades ago, and many newer developments do not meet minimum levels of service as established by the federal government, state government, City government or generally accepted engineering standards.
4. Maintenance Considerations. All public improvements must be maintained after the construction is completed. Maintenance staffing and equipment are critical elements that must be considered in project prioritization and must be funded on an on -going basis with revenue sources other than capital improvement funding. The nature of some projects may cause a reduction in maintenance.
5. Aesthetic Considerations. Community appearance and aesthetics are important elements in the quality of life in the community. City aesthetics and appearance helps attract new residential, commercial and industrial developments to the City. Beaumont has buildings and public infrastructure that need to be replaced and upgraded to create a more attractive community.
6. Leverage and Timing Considerations. Projects that may be funded by entitlement grants or competitive grants from the federal, state and county governments will be considered based on the availability of funds and the requirements of the granting agency. In addition, the City Council may accelerate capital projects where the City has the opportunity to participate in partnership with other public or private entities or where timing is critical, or funding may be lost.
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Capital Projects Priority Ranking
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2018-03 Restated Bond Accounting
Policies And Procedures
Finance Department Amended and Restated Policies and Procedures Manual BOND PROCEEDS TRACKING POLICIES — ACCOUNTS PAYABLE
APPLICABLE TO DEVELOPMENT -BASED FINANCINGS BY EACH OF
CITY OF BEAUMONT
BEAUMONT FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 93-1
AND
ANY ADDITIONAL COMMUNITY FACILITIES DISTRICT APPROVED BY THE
CITY OF BEAUMONT
The accounts payable function must be coordinated closely with the Public Works department ("PW") and in addition must process payments in a timely and professional manner in accordance with the applicable Indenture or Trust Agreement.
Care must be taken to see that payments are both accurate and timely. Internal control over disbursements requires proper supporting documentation to ensure that the City only pays legitimate transactions for acquisition of goods or services. No one person shall process a complete cycle of transaction from origination to completion.
Purpose
The purpose of this Policies and Procedures Manual is to memorialize, identify and communicate key principals and procedures to be used to track and account for the expenditure of proceeds from debt obligations — particularly obligations issued by the Beaumont Financing Authority (the "BFA") secured by land assessment/tax-backed securities — and land assessment/tax-backed securities issued by Community Facilities District No. 93-1 (the "District") or any community facilities district subsequently authorized or approved by City of Beaumont. In 2017, the BFA consented to a Cease -and -Desist Order with the U.S. Securities and Exchange Commission (the "SEC Order") related to certain past disclosure decisions. This Policies and Procedures Manual is intended, in part, to ensure that City officials and staff remain in full compliance with the obligations under past or future bond documents and with the SEC Order.
Distribution and Training
This Policies and Procedures Manual shall be provided to all officials and staff that are involved with the accounting of bond proceeds (including, but not limited to, the payment of costs or expenses that are to be ultimately paid with bond proceeds).
Periodic training, taking place not less than annually, for the Director of Finance and other appropriate officials and staff of the City and the BFA involving with the accounting of bond proceeds is coordinated by the Director of Finance, who is responsible for ensuring compliance with this Policies and Procedures Manual and for implementing and maintaining a record (including attendance) of such trainings. These training sessions are provided to assist officials and staff with the accounting of bond proceeds and recordkeeping.
66 Draft 4/10/2023
Timeliness
The Developer is responsible for submitting requests for reimbursement to the Finance Department for review and processing, including all necessary documentation in an orderly form. The Finance Department must notify PW (Public Works) when documentation is received in order to have it reviewed by the project engineer.
Project Cost Approval Processing
The PW (Public Works) department is to assign a project engineer to perform review of documentation received from the Developer or Vendor for reimbursement. The Project Engineer is to establish a list of the eligible projects as stated in the applicable Indenture or Trust Agreement.
The Project Engineer is to review all contracts and costs for the public improvements including change orders, invoices, proof of payment and lien releases, and certified payroll (when required).
A report documenting the eligible projects, construction cost review, determination of eligible costs, and recommendation for payment is to be prepared by PW department and provided to Finance Department for release of funds.
Trustee Notification
1. A written requisition of the District is prepared by the Director of Finance for the release of construction bond proceeds. (NOTE: Funds are to be disbursed to the City and remittance to the applicable developer or vendor is to be made by the City through the established accounts payable process). A form of written requisition is attached hereto as Exhibit A.
2. The standard requisition form is to be used identifying the bond issue, improvement area and Trustee account number.
3. Requisitions are to be maintained in numerical sequence, assigned manually, as follows:
Fiscal Year Beginning - 3 Digit sequence (i.e., 2017-001, 2017-002, 2017-003)
4. Request must have Schedule 1 attached. Schedule 1 is to contain the wire transfer instructions, total amount, and detailed purpose/use of funds.
5. Request must contain a copy of the report prepared by the PW department.
6. Request must contain Letter(s) of Request from the developer.
7. Trustee Notification documents are to be presented to the City Manager for approval.
8. Trustee Notification documents are to then be presented to City Council for approval. Written Requisition is to be signed by an authorized representative.
9. Director of Finance is to transmit Trustee Notification documents to the Trustee representative for disbursement of funds.
Payment Check Processing and Reviews
1. The Trustee Notification documents are considered the supporting documents for the disbursement of funds to the developer or vendor.
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2. A check request form is completed by the Director of Finance and is submitted with the Trustee Notification documents to accounts payable for payment processing.
3. Director of Finance is to monitor cash flow so that developer/vendor payment is not made prior to the receipt of construction bond proceeds.
Recordkeeping
The Director of Finance is to maintain a spreadsheet for each financing totaling the amount of expenditures for each type of improvement financed. At the end of each year, the spreadsheet shall be updated based on the Written Requisitions honored.
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Exhibit A
CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 93-1
SPECIAL TAX BONDS,
(IMPROVEMENT AREA NO. )
ACCOUNT NUMBER
WRITTEN REQUISITION OF THE DISTRICT
NO.
The undersigned is an Authorized Representative of the City of Beaumont Community Facilities District No. 93-1 (the "District") hereby requests Wilmington Trust, National Association, as successor trustee to Union Bank, N.A. (the "Trustee") under that certain Indenture of Trust dated as of January 15, 1994, as amended and supplemented to date by the Supplemental Indenture dated as of (the "District Indenture"), by and between the District and the Trustee, to pay to the Persons listed on Schedule I attached hereto, the amounts shown for the purposes indicated from the Construction Fund established and maintained under the Indenture.
The District hereby certifies that (a) each obligation mentioned therein is a proper charge against such Construction Fund and has not previously been disbursed by the Trustee from amounts in such Construction Fund, (b) all conditions precedent with respect to such disbursement have been satisfied, and (c) the amount of such disbursement is for a Project Cost as defined herein, (d) is accompanied by a bill or statement of account (if any) for each obligation and (e) no Event of Default has occurred under the Indenture, (f) this request meets the requirements of the Indenture.
All payments shall be made in accordance with the payment instructions set forth on Schedule I attached hereto, and the Trustee shall have no duty or obligation to authenticate such payment instructions or authorization thereof.
Dated
CITY OF BEAUMONT
COMMUNITY FACILITIES DISTRICT NO.93-1
By•
Authorized Representative
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Schedule 1
WRITTEN REQUISITION OF THE DISTRICT
Name/Address (Wire/Check) Amount Purpose
CITY OF BEAUMONT
Citibank Wells Fargo
ABA
Acct $ 1.
2. 3.
City will process payment directly to
Instructions have been provided to City with documentation received to support the costs being claimed, enumerated above.
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Restated Bond Disclosure
Procedures And Policies
CITY OF BEAUMONT
AMENDED AND RESTATED DISCLOSURE PROCEDURES
APPLICABLE TO EACH OF
CITY OF BEAUMONT
BEAUMONT FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 93-1
AND
AMY ADDITIONAL COMMUNITY FACILITIES DISTRICT APPROVED BY THE
CITY OF BEAUMONT
Purpose
The purpose of these Amended and Restated Disclosure Procedures (the "Procedures") is to memorialize and communicate key principles and procedures in connection with obligations, including notes, bonds and certificates of participation, issued by the City of Beaumont (the "City"), and to memorialize and communicate key principles and procedures in connection with obligations issued by the Beaumont Financing Authority ("BFA"), the Community Facilities District No. 93-1 (the "District") or any other community facilities district (each, an "Additional District") subsequently authorized or approved by the City. Because the governing body of BFA and its officers/staff are the same as the City, and because the governing body of the District and its staff are the same as the City, all references in these Procedures to "City" shall also refer to BFA in the case of land assessment/tax-backed securities that secure payment of obligations issued by BFA, and the District (and any Additional District) in the case of Mello -Roos bonds and other land assessment/tax-backed securities issued by the District (or such Additional District).
In 2017, the BFA consented to a Cease -and -Desist Order with the U.S. Securities and Exchange Commission (the "SEC Order") related to certain past disclosure decisions. These Procedures are intended, in part, to ensure that City officials and staff remain in full compliance with the obligations under past or future bond documents and with the SEC Order.
Distribution
The Procedures shall be provided to all members of the Beaumont City Council, the City Manager, all members of the City's Finance Department, the City Attorney and any other member of the City staff involved in the City's disclosure obligations.
Background
From time to time, the City issues certificates of participation, revenue bonds, notes or other obligations, the District or any Additional District may issue Mello -Roos bonds or other land assessment/tax-backed securities, and the BFA may issue obligations in various forms, including among others debt secured by and payable from debt obligations issued by the District or any Additional District (collectively, 71 Draft 4/10/2023
"Obligations"), in order to fund or refund capital investments, new development within the City, other long-term programs and working capital needs. In offering Obligations to the public, and at other times when the City, BFA, the District or any Additional District, as the case may be, makes certain reports, the City, BFA, the District and any Additional District, as the case may be, must comply with the Anti -Fraud Rules of federal securities laws even though material portions of official statements are written by developers, their counsel and other market participants. Although BFA is essentially a conduit issuer and its official statements primarily related to housing development disclosure versus disclosure regarding the City, BFA nevertheless has responsibility for compliance with the Anti -Fraud Rules. The same holds true for securities issued directly by the District or any Additional District. As used herein, "Anti -Fraud Rules" refers to Section 17 of the Securities Act of 1933 and Section 10(b) of the Securities and Exchange Act of 1934, and regulations adopted by the Securities and Exchange Commission under those Acts, particularly Rule 1 Ob-5 under the 1934 Act.
At their core, these rules require all material information relating to the offered Obligations be provided to potential investors. The information provided to potential investors must not contain any material misstatements, and the City must not omit material information which would be necessary to provide to investors a complete and transparent description of the Obligations and the City's financial condition. In the context of the sale of securities, a fact is considered to be material if there is a substantial likelihood that a reasonable investor would consider it to be important in determining whether or not to purchase the securities being offered.
When the City issues Obligations, two central disclosure documents are prepared: (1) a preliminary official statement ("POS"); and (2) a final official statement ("OS", and collectively with the POS, "Official Statement"). The Official Statement generally consists of (a) the forepart (which describes the specific transaction including maturity dates, interest rates, redemption provisions, the specific type of financing, the leased premises (in certificate of participation financings) and other matters particular to the financing, including, depending on the type of financing, the City's or enterprise's financial condition, the development within the community facilities district, the developer and its development and financing plan, and (b) various other appendices, including the City's audited financial report (for City general fund or enterprise fund financings), form of the proposed legal opinion, and form of continuing disclosure undertaking. Investors use the Official Statement as one of their primary resources for making informed investment decisions regarding the City's Obligations.
Engagement of Outside Disclosure Counsel
For every Obligation, the City shall engage outside legal counsel with expertise in securities laws for advice with respect to the City's disclosure obligations and requirements under the federal securities laws ("Disclosure Counsel"). Disclosure Counsel assists the City in preparing the Official Statement and reviews all new data and updates to the Official Statement. Throughout the process of receiving and incorporating material, Disclosure Counsel provides advice as to standards of materiality and other securities law issues. Disclosure Counsel has a confidential, attorney -client relationship with officials and staff of the City.
Disclosure Counsel provides a negative assurance letter as to the disclosure set forth in the Official Statement for each City Obligation. The letter advises the City and the Obligations underwriters that as a matter of fact and not opinion that no information came to the attention of the attorneys working on the transaction which caused them to believe that Official Statement as of its date and as of the date of their letter (except for any financial, statistical, economic or demographic data or forecasts, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion, and other customary exclusions), contained or contains any untrue statement of a material fact omitted or omits to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.
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Disclosure Process
The City Manager shall be primarily responsible for the administration of these Procedures as they pertain to primary market disclosure. The City Manager shall delegate to other officers' responsibilities for certain of these functions as the City Manager from time to time determines. As used herein, "Finance Staff' shall mean the City Manager and its delegates.
When the City decides to issue Obligations, the Finance Staff request the involved departments to commence preparation of the portions of the Official Statement for which they are responsible. Finance Staff and the City Attorney are separately responsible for reviewing and preparing or updating certain portions of the Official Statement which are within their particular area of knowledge. Additionally, all participants in the disclosure process are separately responsible for reviewing the entire Official Statement. Disclosure Counsel assists the Finance Staff in determining the materiality of any particular item, and in the development of specific language in the Official Statement. For general fund financings, Disclosure Counsel also assists the City in the development of a "big picture" overview of the City's financial condition, included in the forepart of the Official Statement. This overview highlights particular areas of concern. The Finance Staff schedules one or more meetings or conference calls of the financing team working group (which includes City officials, the City's financial advisor, Disclosure Counsel, bond counsel, the underwriter of the Obligations, and their counsel, and, for land secured financings, the developer, its attorneys, and consultants), and new drafts of the Official Statement are circulated and discussed. During this part of the process, there is substantial contact among City staff, other members of the financing team and Disclosure Counsel, to discuss issues which may arise, determine the materiality of particular items and ascertain the prominence in which the items should be disclosed.
Prior to distributing a POS to potential investors, there is a formal meeting which includes City officials involved in the preparation of the POS and the underwriters and their counsel, during which the Official Statement is reviewed in its entirety, page by page or section by section, to obtain final comments and to allow the underwriters to ask questions of the City's senior officials. This is referred to as a "due diligence" meeting.
The City Manager or its delegate (if involved in the due diligence meeting described above and, if applicable, the "page turning" session described below under "LAND ASSESSMENT/TAX-BACKED SECURITIES") is authorized to cause to be "deemed final" by the City or the BFA (or by the District or an Additional District for obligations issued directly to the public market by such entity), as applicable, the Preliminary Official Statement for purposes of Rule 15c2-12 of the Securities Exchange Commission.
Between the POS and final OS, any new changes and developments will have been incorporated into the Official Statement if required by the entity responsible for the applicable portion of Appendix A. If necessary to reflect developments following publication of the POS or OS, as applicable, supplements will be prepared and published.
In connection with the closing of the transaction, one or more senior City officials execute a certificate stating that the Official Statement, as of the date of each OS and as of the date of closing, does not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements contained in the Official Statement in light of the circumstances under which they were made, not misleading.
The information contained in the Official Statement is primarily developed by Finance Staff, the City Attorney, or the developer. In addition, the City's financial adviser participates throughout the process of preparing the Official Statement and developing the structure of the financing.
Land Assessment/Tax-Backed Securities
The following principles apply specifically to land assessment/tax-backed securities that secure payment of obligations issued by BFA, and the District (and any Additional District) in the case of Mello -Roos 73 Draft 4/10/2023
bonds and other land assessment/tax-backed securities issued by the District (or such Additional District).
Appraiser. Where the financial advisor, developer, Disclosure Counsel (or bond counsel), and/or underwriter determines that an appraisal is required for disclosure, the Official Statement should contain a description of the following:
• How the appraiser was selected (e.g., by RFP or direct selection). • The basic qualifications of the appraiser; and
• A summary of the primary criteria that resulted in the final appraisal of the relevant property. The City shall require the appraiser to review such information for accuracy. Further, Disclosure Counsel and/or bond counsel shall discuss and decide whether and to what extent written assurances as to the accuracy of such information may be needed from the appraiser.
Developer Questionnaire. The City shall require the developer to submit and certify as to accuracy and completeness a detailed questionnaire covering the developer and the proposed project (the "Developer Questionnaire") at the start of each new money financing through Land Assessment Tax - Backed Securities and for which there will be ongoing vertical development or a significant portion of the project site (e.g., greater than 20%) will be owned by the developer at the time of issuance.
A sample of a Developer Questionnaire is attached hereto as Exhibit A. However, each Developer Questionnaire should be tailored to the specific transaction at hand. The Developer Questionnaire should mirror the type of questionnaires underwriters will require for similar developer -driven financings.
Each Developer Questionnaire should cover topics specific to the developer, such as:
• The ownership structure of the developer and all affiliates relevant to the project, including entity type (e.g., corporation, partnership, LLC) and percentage of controlling interests of members/partners/etc.
• If publicly traded, instructions or a website link for how investors can access annual and other disclosures on EDGAR.
• General background and experience of the developer and its affiliates, as applicable. • A history of previous projects developed by the developer and/or relevant entities with controlling interests, which shall include, without limitation, information concerning material delays in construction, history of defaults, etc.
Each Developer Questionnaire should also contain relevant details concerning the development at issue, such as:
• Location.
• Size.
• How long the developer has owned the development site. • Information concerning environmental diligence, applicable zoning, and related issues. 74 Draft 4/10/2023
• Whether the developer or related entities are under investigation or subject of current inquiry by any federal or state regulatory agencies.
The City shall require that each Developer Questionnaire be signed and certified as true and complete by the developer. The City Finance Director shall be responsible for double-checking the receipt of the Developer Questionnaire.
Offering statements for Land Assessment/Tax-Backed Securities respecting districts under development shall provide the following:
• Total development budget (including public infrastructure improvements and the home developments).
• A listing of sources of funds (e.g., developer equity, line of credit, commercial loan, other equity investor funds).
• The status of such funding sources (e.g., if a construction loan, the extent to which it has been funded).
If a financing occurs while material portions of the project are under development, the offering statement shall disclose the status of construction and projected costs to complete (whether based on the initial budget or otherwise).
For developments that contain 500 or more units, discussion should occur among bond counsel, Disclosure Counsel, the financial advisor, the underwriter, and other relevant participants as to whether a market absorption or feasibility study is needed for the Offering Statement. The City shall give deference to the determinations of the financial advisor, Disclosure Counsel and bond counsel over recommendation from other participants like the developer and its counsel.
Formal "Page Turning" Session
Prior to the due diligence meeting described under "DISCLOSURE PROCESS" above, there shall be a formal "page turning" session where the special tax consultant, Disclosure Counsel, bond counsel, financial advisor, the developer and its counsel, the City Manager, the City Attorney, any other relevant City officials as identified by the City Manager, review key portions of the preliminary official statement and, to the extent of changes other than those reflecting pricing terms following sale, the final official statement. This type of "page turning" session is a very important element of the disclosure process. The City Finance Director shall be responsible for ensuring that such "page turning" session occurs prior to the Preliminary Official Statement or similar offering statement being made available to investors.
Prior to printing the Official Statement, the City shall require the developer to deliver a "10b-5" certificate to the City covering those portions of the Preliminary Official Statement relating to the developer, its project and its financing plans. Additionally, prior to printing the Preliminary Official Statement, the City Manager and its delegates, and Disclosure Counsel or bond counsel, shall have reviewed and agreed upon the form of developer counsel opinion required, if any, and the form of written assurances, if any, from the special tax consultant and financial advisor as to accuracy and completeness of relevant portions of the Preliminary Official Statement in connection with the financing. The City Finance Director shall be responsible for double-checking the receipt of all 10b-5 and related certificates, instruments or opinions required to be delivered by the developer in a land assessment/tax-backed securities offering.
Recordkeeping
• BFA, the City, the District, or any Additional District, as applicable, shall retain in a central depository for a period of five years from the date of delivery of any series of bonds the following materials:
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• The printed copy of the Preliminary Official Statement and final Official Statement (or similar offering documents).
• The executed copies of all opinions, letters or other certifications concerning the accuracy or adequacy of disclosure provided by the developer, developer's counsel, Disclosure Counsel, bond counsel and all other participants in the financing pursuant to these Procedures. • The Developer Questionnaire, if applicable.
• The bond purchase agreement.
• Copies of any "deemed final" certification provided by an official with the City, BFA, the District or an Additional District, as the case may be, to the underwriter of bonds in accordance paragraph (b)(I) of Rule 15c2-12 of the Securities Exchange Commission; and • Any written certification or opinions executed by a developer, its counsel, the special tax consultant, financial advisor, and any other financing participants outside the City delivered at the time of delivery of the related series of bonds.
It is not necessary that drafts of such instruments be retained, only final copies.
Governing Principles for City Officials and Staff
• The following principles govern the work of the respective staffs that contribute information to the Official Statement:
• City staff involved in the disclosure process are responsible for being familiar with federal securities laws as they relate to disclosure.
• City staff involved in the disclosure process should be instructed to err on the side of raising issues when preparing or reviewing information for disclosure. Officials and staff are encouraged to consult with Disclosure Counsel if there are questions regarding whether an issue is material. • City staff involved in the disclosure process, along with the developer, special tax counsel, the financial advisor and all other participants in preparing portions of an offering statement and that are involved in any meetings where portions of an offering statement are reviewed or discussed should be instructed that general disclosure of a potential risk is no substitute for known facts specific to that risk, and that participants should strive to ensure known facts are disclosed. • Care should be taken not to shortcut or eliminate any steps outlined in the Procedures on an ad hoc basis. However, the Procedures are not necessarily intended to be a rigid list of procedural requirements, but instead to provide guidelines for disclosure review. If warranted, based on experience during financings or because of additional SEC pronouncements or other reasons, the City should consider revisions to the Procedures
• The City must make sure that the particular officials involved in the disclosure process are of sufficient seniority such that it is reasonable to believe that, collectively, they are in possession of material information relating to the City and its finances, • Any concerns regarding the accuracy of an Official Statement should be immediately reported to the City Attorney or the City's Disclosure Counsel.
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• Care should be taken that any information produced and maintained for public consumption, and which may be relied upon by an investor in making an investment decision in the primary or secondary market, does not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading.
• Consideration should be made, based on consultation with Disclosure Counsel (or, if there is not Disclosure Counsel, bond counsel) as to whether a public statement by a City official or the response by the City to an investor inquiry (e.g., a question from one of BFA's investors) may be material enough to merit a voluntary filing on ENN.A to ensure that Obligations are trading based on equal access to material information.
• The City Manager shall review these Procedures on an annual or bi-annual basis and may, from time to time, as may be necessary, update these Procedures in consultation with Disclosure Counsel and/or bond counsel.
• The City Finance Director, together with Disclosure Counsel and/or bond counsel, shall review the continuing disclosure section of the preliminary offering statement — particularly that portion describing the five-year compliance history of the District or of any other obligated person under the purview of BFA or the City — before it is finalized and sent to prospective investors.
Annual Continuing Disclosure Requirements
In connection with the issuance of Obligations, the City has entered into a number of contractual agreements (each a "Continuing Disclosure Certificate" and, collectively, "Continuing Disclosure Certificates") to provide annual reports related to its financial condition (including its audited financial statements) as well as notice of certain events relating to the Obligations specified in the Continuing Disclosure Certificates. Continuing Disclosure Certificates that are entered into in the future should not be "canned" and Disclosure Counsel (or, if there is not Disclosure Counsel, bond counsel or underwriter's counsel) shall prepare the continuing disclosure agreement based upon the specific transaction at hand.
The City must comply with the specific requirements of each Continuing Disclosure Certificate. The City's Continuing Disclosure Certificates generally require that the annual reports be filed within a certain number of days after the end of the City's fiscal year, and event notices are generally required to be filed within 10 days of their occurrence.
Specific events which require material event notices generally consist of the following' a. Any of the following events with respect to the Obligations (in a timely manner not more than ten (10) business days after the event):
1. Principal and interest payment delinquencies.
2. Unscheduled draws on debt service reserves reflecting financial difficulties. 1 The list set forth above is applicable for transactions after December 1, 2010. Continuing disclosure undertakings for transactions prior to that date contained a similar, but less extensive list of material events. 77
Draft 4/10/2023
3. Unscheduled draws on credit enhancements reflecting financial difficulties.
4. Substitution of credit or liquidity providers, or their failure to perform.
5. Issuance by the Internal Revenue Service of proposed or final determination of taxability or of a Notice of Proposed Issue (RS Form 5701 TEB).
6. Tender offers.
7. Defeasances
8. Rating changes.
9. Bankruptcy, insolvency, receivership, or similar event of the obligated person. b. Any of the following events with respect to the particular Obligations, if material:
1. Unless described in paragraph 5(a)(5), adverse tax opinions or other material notices or determinations by the Internal Revenue Service with respect to the tax status of the particular Obligations or other material events affecting the tax status of the Series 2013 Bonds.
2. Modifications to rights of holders of the particular Obligations.
3. Optional, unscheduled, or contingent calls of the particular Obligations.
4. Release, substitution, or sale of property securing repayment of the particular Obligations.
5. Non-payment related defaults.
6. The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms.
7. Appointment of a successor or additional trustee or the change of name of a trustee.
The City Finance Director shall be responsible for preparing and filing the annual reports and material event notices required pursuant to the Continuing Disclosure Certificates. Particular care shall be paid to the timely filing of any changes in credit ratings on Obligations (including changes resulting from changes in the credit ratings of insurers of particular Obligations).
Moreover, with regard to the filing of annual financial statements, the City Finance Director, and the City Manager (or its delegate) shall maintain calendar reminders for the filing of such statements. The City shall consider the use of a dissemination agent or other reminder resources provided by the Municipal Securities Rulemaking Board or similar authorities to assist in the timely filing of materials on EMMA. 78 Draft 4/10/2023
The BFA shall have Disclosure Counsel (or, if there is no Disclosure Counsel, bond counsel) to BFA prepare a checklist for the specific items required to be filed on an annual basis (the "Annual Report Checklist"). The Annual Report Checklist should be modified by Disclosure Counsel (or, if there is not Disclosure Counsel, bond counsel) as new issues are sold, and by BFA or its counsel as issues of BFA debt are paid off and no longer outstanding. A separate Annual Report Checklist should be prepared and similarly modified for any District or Additional District obligations hereafter issued.
The City Finance Director, at the time of each annual filing, shall execute the Annual Report Checklist and then deliver it to the City Manager. The City Manager, or its delegate, shall review the filings on EMMA against the Annual Report Checklist as a double-check for compliance accuracy.
Upon the advice of Disclosure Counsel or bond counsel, the BFA may identify a different compliance method if determined to be more effective or feasible than the Annual Report Checklist.
The City Manager (or its delegate) shall double-check the timeliness of filing of audited financial statements and annual reports against the Annual Report Checklist or different compliance method described above.
When a continuing disclosure agreement requires data that does not exist or that the BFA cannot obtain, the City Finance Director will consult with bond counsel and/or Disclosure Counsel on how to report such information.
Training
The City will provide training for the staff involved in the preparation of the Official Statement, which will be coordinated by the City Manager and the City Attorney, with the assistance of Disclosure Counsel.
The City Manager shall be primarily responsible for maintaining a record (including attendance) of such training. Training will be provided at least annually or prior to the offering of any new Obligation. The training sessions shall be provided to assist staff members involved in identifying relevant disclosure information to be included in the Official Statement. The training sessions also provide an overview of federal laws relating to disclosure, situations in which disclosure rules apply, the purpose of the Official Statement, a description of previous SEC enforcement actions and a discussion of recent developments in the area of municipal disclosure. Attendees at the training sessions shall be provided with the opportunity to ask questions of Disclosure Counsel concerning disclosure obligations and are encouraged to contact Disclosure Counsel at any time if they have questions.
The City Finance Director shall receive training from bond counsel or Disclosure Counsel on the mechanics for making filings on as well as the information required to be filed in the District's (and any Additional Districts') annual reports. This training will take place after the Annual Report Checklist is prepared or a more effective or feasible compliance method is established. 79 Draft 4/10/2023
Certificate of Receipt and Understanding
I certify that I have received a copy of the City of Beaumont's Restated Disclosure Procedures. I have reviewed and understand its contents and agree to abide by the principles and requirements in the Amended and Restated Disclosure Procedures.
Name Date
80 Draft 4/10/2023
Exhibit A
DEVELOPER QUESTIONNAIRE
This questionnaire is intended to provide information that will be used by Disclosure Counsel in connection with the preparation of the Preliminary Official Statement and the final Official Statement for the bonds proposed to be issued by f 1 (the "District"). Although the bonds are exempt from the requirement that they be registered with the Securities and Exchange Commission, they are subject to the anti -fraud provisions of the federal securities laws and the laws of the State of California. Therefore, it is critical that the Preliminary Official Statement and final Official Statement not contain any material misstatements or omissions.
Accordingly, the information that you provide in response to this Questionnaire must be complete and accurate in every respect.
As used herein the term "Property" refers to all of the property within the District. The term "Project" refers to the proposed improvements to be made within the District including all residential and commercial development.
I. Ownership
(a) Name of the developer (the "Developer") of the property (the "Property") within the District:
(b) Please describe the ownership structure of the Developer. Include a description of any partnership, limited liability company or other arrangements, names of all general partners, members and officers. Attach resumes of key individuals and a copy of any partnership agreements, operating agreements, articles of incorporation and bylaws. (c) Please attach copies of the Developer's most recent annual and quarterly financial statements.
If the Developer is a publicly held company, please provide copies of the most recent IOQ or 10K filing.
(d) Include at least one reference from a bank or financial institution.
Note: Financial statements and information obtained from bank references are necessary as part of the due diligence process required to issue the bonds. Any nonpublic information will remain strictly confidential unless and until published as part of the Official Statement. 81 Draft 4/10/2023
(e) Who is the contact person for the Project?
Name.
Title
Phone Number
E -Mail.
(f) Please provide the contact information of the attorney who will be representing the Developer in connection with the issuance of bonds by the District.
Name.
Title.
Phone Number.
E -Mail.
(g) Please attach your most recent copy of a preliminary title report for the Property.
11. Project Information
(a). Name of Project
(b). Location of Project
(c) Description of Project
(i) Number of gross acres:
(ii) Number of developable acres:
(d) How long has Developer owned the Property?
(e) Describe the existing land uses on the Property:
(f) Please summarize the existing entitlements for the Project (i.e., the number and type of residential units, commercial square footage, industrial square footage, recreation uses, other public uses) and provide a list of the governmental approvals that govern development of the Property.
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(g) Please attach a copy of each Purchase and Sale Agreement including any amendments executed by the Developer for Property in the District. (h) Please summarize the improvements to be completed by the Developer with respect to the Project and the status of the construction of the improvements and a timeline for completion. (i) Please provide a budget for the improvements to be installed by the Developer and describe how the improvements are to be financed.
(j) Please answer the following questions and provide any of the following received with respect to the Property.
(i) Has an environmental impact report been approved for this Project?_ YES NO. (ii) Has a Phase I Environmental Site Assessment been prepared for the Property? YES NO. If yes, please provide a copy of all assessments prepared. (iii) Has a soils report been prepared for the Project? YES NO. If yes, please provide copies of all reports.
(k) List any approved tentative, final or parcel maps applicable to development of the Project and provide a copy of all conditions for development.
(I) Are any impact fees owing as a condition to develop? YES NO. If yes, please describe, list below and provide copies of any agreements or documents which contain such conditions.
(m) Are there any endangered species habitat on the Property? YES NO. If yes, please describe.
(n) Are there any legal impediments that could delay or prevent the buildout of the Project as planned? YES NO. If yes, please describe.
(o) Are you aware of any proposed restrictions on the rate of future growth in the jurisdiction 83 Draft 4/10/2023
where the Project is to be located which may impact the development of the Project (i.e., proposed growth control ordinances or initiatives or limitations on water availability? YES NO. If yes, please explain.
p) Are there any geological impediments (earthquake faults, flood zones, high ground water, soil slippage, etc.) to buildout of the Project? YES NO. If so, please describe. (q) What are your long-term plans for any portion of the Property not already conveyed to merchant builders? For any portion to be constructed by Developer please describe planned improvements and timing.
(r) Are there any existing trust deeds/loans on the Property? YES NO.
Please state the name of the lending institution, the approximate maximum loan amount and the approximate current balance of the loan. (s) Has construction financing for the Project been obtained? YES NO. If yes, Please describe the source and amount of such loan and any acquisition and development loans and provide copies of all loan agreements and promissory notes. If no, describe whether any loans are required to develop.
(t) Other than the District, is there any existing or proposed community facilities district or assessment district that includes all or a portion of the Property? YES NO. If yes, please describe the name, dollar amount and a contact person for information regarding each district. (u) Have any property taxes or assessments on the Property been delinquent at any time during the past 3 years? YES NO. If yes, please explain.
(v) Please attach a copy of the most recent tax bill for each parcel of the Property and evidence that current installments due have been paid (in the form of a copy of check, wire or receipt for payment).
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(w) Has any claim been made, or suit been filed, or is any claim or suit now threatened against the Developer or the Property with respect to the Project? YES NO.
If yes, please attach a copy of the complaint, or if unavailable, please list the court in which the action is pending and the case number, or if the claim or action has not yet been filed, please attach any documents summarizing the claims or action.
III. Related Project Information
(a) Has an absorption study been done for the Project within the last 2 years? Yes No. If yes, please provide a copy.
(b) Has an appraisal been done for the Property within the last two years? Yes No. (c) Is any of the Property (other than the portions thereof that have been improved with completed residential or commercial structures currently for sale? Yes No. If yes, please provide a copy of the sale terms.
IV Experience and Financial Capacity of Developer
(a) Has the Developer, or any individual or entity which has an ownership interest in the Developer, ever defaulted on the payment of a special tax or an assessment on property owned by it? YES NO. If yes, please explain.
(b) Is the Developer, or any individual or entity which has an ownership interest in the Developer, now in default on any loans, lines of credit or other obligation, or has the Developer (or related entity) been in default on any loans or lines of credit or other obligation in the past five years? YES NO. If yes, please explain.
(c) Has the Developer, or any individual or entity which has an ownership interest in the Developer, ever filed for bankruptcy or been declared bankrupt? YES NO. If yes, specify the date and location of the court where the bankruptcy action took place. (d) Have you prepared a business plan and/or pro forma for the proposed Project? YES NO. If yes, please attach a copy. If no, please prepare a detailed pro forma and provide it as soon as possible.
(e) Has the Developer, or any individual or entity which has an ownership interest in the 85 Draft 4/10/2023
Developer, ever failed to comply within the last five years with the terms of any agreement to provide continuing disclosure with respect to a bond issue? YES NO. If yes, please describe the bond issue and the nature of the failure to comply.
V. Notice Regarding Disclosure
The Securities and Exchange Commission recently adopted amendments (the "Amendments") to Rule 15c2-12 under the Securities Exchange Act of 1934 relating to certain required disclosure information that must be made available to prospective purchasers of municipal bonds. Under the Amendments, certain material information must be disclosed (i) in connection with the initial offering of bonds with respect to "material persons"; and (ii) on an ongoing basis with respect to "obligated persons." Whether a property owner/developer might be a material person, or an obligated person will depend on all of the facts and circumstances. If the information you provide in response to this questionnaire indicates this might be the case, the financing team will review with you the information that may need to be disclosed to potential bond investors in order to satisfy the Amendments.
The undersigned hereby certifies that all responses provided herein are true and correct.
By: [ ]
By:
[President/CEO/CFO/or Equivalent]
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Purchasing and Procurement Procedures
To follow the Purchasing Ordinance, the purchasing of goods or services must follow a standard system of entry, have a reasonable cost, complete documentation, obtain appropriate verification and approval.
The Purchasing Module of Tyler Technologies Incode 10 will be utilized to comply with all aspects of the Ordinance. To establish the procedures to be followed for the purchasing and procurement of paper and paper products and recovered organic waste products in compliance with state laws, including SB1383, the Short-lived Climate Pollutant Act.
Ordinance Summary
For Non -Public Project Purchases:
PURCHASE
AMOUNT
SERVICES
MAINTENANCE or
GENERAL SERVICE
GOODS
Ordinance Chapter
3.02.04 3.01.040
3.01.050
Less than $7,500
Director
Director
Director
Between $7,500 and
$25,000
City Manager
City Manager
City Manager
Between $25,000 and
City Council
City Council
City Council
$45,000
Alternative Proccdurc
Alternative Proccdurc
Alternative Procedure
City Manager
Up to $60,000
N/A
City Manager
N/A
Up to $75,000
City Manager
N/A
N/A
Between $45,,000
$60,000 and
$5000 $200,000
City Council
City Council —
Informal Competitive
Bidding
City Council —
Informal Competitive
Bidding
Informal Competitive
Bidding N/A
Between $75,000 and
$200,000
City Council —
Informal Competitive
Bidding
N/A
N/A
Over $175,000
City Council — Formal
Competitive Bidding
City Council — Formal
Competitive Bidding
City Council — Formal
Competitive Bidding
$200,000
MAX TERM
5 Years w/#2 1-Yr
extensions w/CC
Approval
3 years w/ #2 1-Yr
Extensions w/ CC
Approval
N/A
EXCEPTIONS:
Public Projects
Single Source or Emergency Situation
As provided in Section 22002(c) of the Public Contract Code, public projects include construction, reconstruction, renovation, improvement, demolition to, or painting/repainting of any publicly owned, leased or operated facility, street or sewer, and the construction or improvement of dams, reservoirs and wastewater treatment plants. A public project does NOT include maintenance work of any kind. Public Projects must follow more specific purchasing rules from what is presented here.
Alternative Procedure
Purchasing supplies, services, or equipment by a simplified pricing procedure by obtaining oral price 87 Draft 4/10/2023
quotes from one or more potential contractors or suppliers.
Informal Competitive Bidding (Chapter 3.01.09)
RFP Process with specific distribution of notice inviting formal bids.
Formal Competitive Bidding (Chapter 3.01.08)
RFP Process with public distribution of notice inviting formal bids.
Exemptions to Competitive Procurement Procedures for Professional Services (3.02.05)
Upon obtaining approval from the City Council, the Purchasing Officer may engage services of a Professional firm or individual without complying with the competitive procurement procedures in the Following circumstances:
• Legal services
• The services are available only from a single source;or • Public exigency or emergency will not permit delay; or • State or federal grant or loan requirements authorize noncompetitive procurement of such services; or
• After solicitation from a number of sources, competition is deemed inadequate.
Why Purchase Orders?
A completed purchase order will reserve budget for the applicable line item (termed Encumbrance).
Purchase orders are used not only to control vendor terms and pricing, but also to manage the departmental budgets. (See page 10 for examples in Tyler) Purchase Order Exceptions
Certain types of invoices are not subject to purchase orders due to the nature of the cost:
Utilities — City's monthly services for water, electric and gas usage.
Phone/Internet — City's monthly services for phone and internet usage Insurance — Health, dental and vision insurance, general liability, and vehicle insurance JPA costs
Legal — Attorney, court, and settlement costs
Regulatory costs — any governmental authority
Requisition Approval Timing
To take advantage of the software system for purchasing, the approval process is being standardized and scheduled as follows:
88 Draft 4/10/2023
DAY APPROVAL
Every Wednesday Procurement Specialist
Every Wednesday Budget Specialist
Every Thursday Assistant Director of Finance
Every Thursday City Manager
Every Friday Assistant City Clerk
STEP
Interim Step
Interim Step
Interim Step
Interim or Final Step
Final Step
Every Friday, the finance department will process any fully approved requisitions into purchase orders. If a purchase order is urgently needed, please contact the next approval level when the requisition is complete. All attempts will be made to expedite the process when needed.
NOTE: Enter requisitions that relate to City Council approval when the staff report is prepared. Also, during the budget process, when the budget is finalized and approved by City Council, enter requisitions for all known vendors.
City Departments
Using Tyler Technologies Incode 10, enter applicable information into Purchasing Module — Requisitions. (See documentation provided to input the required information). If the department does not have an individual with access to the purchasing system, there is a Request for Requisition form that can be completed. That requisition form and all applicable back-up documentation can be provided to the Finance Office for data entry. Required data entry is as follows:
• GENERAL TAB: Number, Description, Department, Issue Date, Requested By, Auto Approve Checkmark, Ship To, Vendor, and Detailed Description (specific detail of what and why) • ITEM ENTRY TAB: Commodity, Item Description, Ship To, Ordered Amount, Account, Part Number • BID/QUOTE TAB: Information can be attached here only if Bid/Quote is check marked on the General Tab • NOTES TAB: Add note regarding what is attached, Add note regarding how purchasing ordinance was followed (3 bids, informal RFP, formal RFP, sole source, emergency, etc.) • DOCUMENTS TAB: Attach contract, bids, forms, Staff Reports, or any other Approval Levels
DIRECTORS APPROVE UP TO $7,500:
The Director responsible for the Department must approve the requisition before it can advance to the next approval level or be processed into a Purchase Order.
The Budget Finance Specialist must approve that there is budget in the line item(s) of the requisition before it can advance to the next approval level.
Director of Finance or Assistant Director of Finance must review and approve the requisition before it can advance to the next approval level or be processed into a Purchase Order.
ABOVE $7,500:
City Manager must review and approve the requisition before it can advance to the next approval level or be processed into a Purchase Order.
ABOVE $25,000:
Deputy City Clerk, as representative of the City Council, must review and approve the requisition before it can be 89
Draft 4/10/2023
processed into a Purchase Order.
Above $75,000:
For Professional Services only — Deputy City Clerk, as representative of the City Council, must review and approve the requisition before it can be processed into a Purchase Order.
Finance Department
When requisitions have been approved by the applicable levels, the Finance Department will complete the steps necessary to generate a purchase order. The Purchase Order will then be available to the department to print as necessary to complete their vendor order.
Invoices
After the Purchase Order has been approved through all levels, goods may be ordered. Once orders are received and verified, The Director responsible for the Department must approve the Invoice by signing and coding the Purchase Order number to the Invoice. All Invoices must be turned into Finance by 12:00 pm every Tuesday to be paid out in that week's NP run.
Purchase Order Changes
Following the approval of a purchase order for goods or services, the purchase order may be amended by the issuance of a change order, provided the change is reasonably related to the scope of the original purchase. The finance director will maintain control relative to the scoping, estimating, and negotiation of the proposed change order and the availability of funds for the proposed change in the event that the change order increases the cost. Any change order with a total cost less than $25,000 may be approved administratively, in accordance with the ordinance summary above, provided the aggregate amount of all changes to a particular purchase, including the change order under consideration, does not exceed ten percent of the original cost. Any change order in an amount of $25,000 or more, or any change order which, when considered with the aggregate amount of all other changes to a purchase, exceeds ten percent of the original contract cost, shall be approved by the city council. Any proposed changes to a purchase that does not increase the purchase price may be approved by the city manager in accordance with any applicable terms and conditions of the original purchase related to change orders or amendments. Purchase order changes will be completed through the Purchase Order Change Request Form.
Vendor Limit
No employee shall be used for the procurement of goods or services. No International vendor shall be used unless they have a US office that accepts US dollars.
The public procurement process and the people involved are subject to complete public accountability regarding the proper expenditure of taxpayers' money. Public purchasing must guarantee fair and open competition with equal opportunities for every supplier. A unique characteristic of public purchasing is the underlying principle that prices are not as critical as fairness and impartiality in obtaining them.
It is a violation of State Law for any Employee or City Officer to be a part to, or have a financial interest in, any City contract made by them in their official capacity (CA Gov. Code 1090). 90 Draft 4/10/2023
Recycled Content Paper and Recovered Organic Waste Product Procurement Requirements
Standard Management Procedure and Purpose
The Purchasing Officer is responsible for and will manage this. The purpose of this Standard Management Procedure is to establish the procedures to be followed for the purchasing and procurement of paper and paper products and recovered organic waste products in compliance with state laws, including SB 1383, the Short-lived Climate Pollutant Act. This policy will replace any existing EPPP Policy.
Section 1.0 - Statement of Policy
It is the policy of City of Beaumont to:
• Purchase products that minimize environmental impacts, toxins, pollution, and hazards to worker and community safety to the greatest extent practicable. • Institute practices that reduce waste and minimize environmental impacts whenever practicable and cost effective.
• Comply with California State requirements for local agencies to maximize the use of recycled resources and purchase recycled products; (Title 14 CCR, Division 7, Chapter 12; California Public Contract Code 22150-22154).
• Comply with CCR 14 Section 18993.3 and 18993.4 regarding recycled content paper procurement requirements.
• Comply with CCR 14 Section 18993.1 and 18993.2 regarding recovered organic waste product procurement to the best of the city's ability.
• Adopt this policy in support of the City's other environmental and sustainability goals. • Require vendors, contractors, and grantees to buy recycled content paper and paper products, and when buying mulch and compost, procure such products meeting state requirements for applicability to the City's organic waste product procurement target.
Section 2.0 - Purpose
This Policy is adopted in order to:
• Conserve natural resources.
• Comply with state law.
• Support strong recycling markets.
• Reduce materials that are landfilled.
• Comply with SB 1383 regulatory requirements regarding procurement of recycled content paper products and recovered organic waste products.
Section 3.0 - Specifications
91 Draft 4/10/2023
3.1 Recycled Content Products
3.1.1 A significant element of reducing waste contributions to landfills is recycling. Recognizing the impact of government spending on stimulating the recycling industry, the State has imposed requirements on the procurement of recycled products by local agencies. The California Public Contract Code (PCC) Sections 22150-22154 outline these requirements. The City will give preference to buying the recycled content products as outlined in the PCC whenever recycled products are available at the same or lesser cost and fitness and quality are equal. Also, in accordance with the PCC, and SB 1383 regulations, the City will require the vendor to certify the recycled content and the recyclability of the products being provided.
3.1.2 City staff shall strive to incorporate the requirements the U.S. EPA has established for various materials, such as those for construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous, and non -paper office products. The programs, known as the Comprehensive Procurement Guidelines (CPG) and Recovered Materials Advisory Notice (RMAN), are updated periodically to identify categories of material for which there are recycled content alternatives and the recommended recycled contents.
3.1.3 Printing paper and writing papers and paper products and janitorial paper products shall contain the highest postconsumer content practicable, but no less than 30 percent by fiber weight, postconsumer fiber, as outlined in Sections 22150-22154 of the Public Contract Code and as defined in Section 12209 of the Public Contract Code.
3.1.4 Vendors shall certify in writing, under penalty of perjury, as to the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper, and janitorial paper offered or sold to the Jurisdiction. A sample certification is contained at the end of this policy. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, and/or Janitorial Paper can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. These products shall also be certified to be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
3.1.5 Copiers and printers bought shall be compatible with the use of recycled content products. When necessary, suppliers shall train equipment maintenance personnel in the appropriate use of recycled products with their equipment.
3.2 Recovered Organic Waste Products
3.2.1 City Workers and contractors providing landscaping services for City of Beaumont shall employ sustainable landscape management practices whenever possible, including:
• The use of Integrated Pest Management (IPM), including minimal pesticide use, is encouraged. • Meeting all MWELO requirements including use of compost and mulch; compost and mulch shall meet the definitions contained in this policy. Records shall be maintained and submitted to the City documenting such use.
• Recycling of plant debris by composting and/or maintaining a minimum 2 -inch layer of mulch under all trees, shrubs, and groundcovers and a minimum 3 -inch layer in all open areas is strongly encouraged. Allowing leaf drop to become part of the mulch layer in tree, shrub and groundcover areas is preferred.
• Compost purchased by or for the City, or at the City's behest, by its landscaping service providers or other contractors shall meet the definition of compost in this policy and shall be eligible to help the City meet its SB 1383 organic waste product procurement target. 92 Draft 4/10/2023
• Mulch purchased by or for the City, or at the City's behest, by its landscaping service providers or other contractors or direct service providers shall meet the definition of mulch in this policy and shall be eligible to help the City meet its organic waste product procurement target. Such mulch shall meet or exceed the physical contamination, maximum metal concentration and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5) (A)(1) through (3). Mulch shall be made from recycled or post -consumer materials rather than inorganic materials or virgin forest products unless the recycled post -consumer organic products are not available.
Section 4.0 - Definitions
Buyer means anyone authorized to purchase on behalf of this jurisdiction or its subdivisions.
Contractor means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor, or other entity that has a contract with City of Beaumont or serves in a subcontracting capacity with an entity having a contract with City of Beaumont for the provision of goods or services.
Direct Service Provider means a person, company, agency, district, or other entity that provides a service or services to the City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).
Paper Products include but are not limited to paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).
Postconsumer-Material means a finished material which would normally be disposed of as a solid waste, having reached its intended end -use and completed its life cycle as a consumer item, and does not include manufacturing or converting wastes.
"Preconsumer Material" means material or by-products generated after manufacture of a product is completed but before the product reaches the end -use consumer. Preconsumer material does not include mill and manufacturing trim, scrap, or broke which is generated at a manufacturing site and commonly reused on -site in the same or another manufacturing process. "Printing and Writing Paper" includes, but is not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54). "Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper and janitorial paper products" means such products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the California Public Contract Code, and as amended.
"Recovered organic waste products" means products made from California, landfill -diverted organic waste processed at a permitted or otherwise authorized operation or facility. Such products include SB 1383 eligible mulch and SB 1383 eligible compost (see definitions below). "SB 1383 Eligible Compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). Compost eligible for meeting the annual recovered organic waste product procurement target must be produced at 93 Draft 4/10/2023
a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in -vessel digestion facility that composts on -site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements.
"SB 1383 Eligible Mulch" means mulch eligible to meet the City's Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions as specified by 14 CCR Section 18993.1(f)(4):
1. Produced at one of the following facilities:
i. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10); SB 1383 Eligible Mulch excludes mulch from chipping and grinding operations. ii . A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,
iii . A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5) (A)1 through 3. "U.S. EPA Guidelines" means the Comprehensive Procurement Guidelines established by the U.S.
Environmental Protection Agency for federal agency purchases as of May 2002 and described at http://www.epa.gov/epaoswer/non-hw/procure/products.htm , or as updated.
Section 5.0 - Implementation
5.1 Purchasing Officer shall help departments implement this policy including the following activities:
• Educating managers and staff about City of Beaumont's Recycled Content Paper and Compost and Mulch Procurement Policy.
• Ensuring that purchasing documents, specifications, and contracting procedures do not contradict each other and do not deter or inhibit the purchase of recycled content products as described in this policy.
• Providing information to facilitate the evaluation and purchase of environmentally preferable products, including identifying appropriate products and sources and providing technical assistance.
• Evaluating obstacles to purchasing such products in order to create solutions, • Tracking and recording progress in achieving successful results. • Tracking and maintaining a record of recycled content paper purchases and SB 1383 compliant compost and mulch in an SB 1383 implementation record. Such records shall include proof of purchase describing procurement of paper products by volume and type for all paper purchases and copies of certifications or other verifications required of recycled content and recyclability. All invoices or other records showing procurement of SB 1383 compliant compost and mulch shall also be kept in the City's SB 1383 implementation record.
5.2 In compliance with State law, vendors shall be required to specify and certify the minimum or actual percentage of recovered and postconsumer material in their products, even when such percentages are zero. Such information shall be provided with each invoice provided to the city for paper and paper 94 Draft 4/10/2023
products, including janitorial paper products.
5.3 All contracts and grants providing services or products to the City of Beaumont shall adhere to the guidelines stated in this policy to the extent possible.
Section 6.0 - Program Evaluation and Measurement
6.1 Purchasing Officer shall institute a system for tracking recycled content paper procurement and procurement of SB 1383 eligible compost and mulch in compliance with 14 CCR Section 18993.4 and Section 18993.2. Copies of invoices, receipts or other proof of purchase that describe the procurement of paper products by volume and type for all paper purchases will be maintained as part of the City's required SB 1383 implementation record (14 CCR Section 18995.2). Copies of certifications or other verification of recycled content and recyclability will also be kept.
Copies of invoices and receipts demonstrating procurement of SB 1383 eligible compost and SB 1383 eligible mulch shall also be maintained in the SB 1383 implementation record.
6.2 Departments that independently purchase paper and paper products and compost and mulch will report the required information noted in 6.1 to the Environmental Services Manager each quarter.
Section 7.0 - Effective dates
7.1 This policy shall take effect on August 16, 2022.
Exception
Exceptions to this policy may be authorized by the City Council. 95 Draft 4/10/2023
Purchasing Module — Screen Shots — Requisition General Entry
ADD REQUISITION
61 Save and Close 1 621 Save and New I a Dele:e I
Vendor Name:
Vendor Number:
Vendor Set:
Approval Status: Waiting for Approval
General
Item Entry
Shipping Entry
Items Distributions
Item Approvals
Item Approval History
Items Transferred
Bid/Quote
Notes
Documents
User Defined
Code Code Description
Number
Description
Department
Issue Date
On Hold
Requested By
Auto Approve
Ship To
Vendor
Based on BidlQuo
Detailed Description
Select Item 1 2} Add 1 3 Edit 1 a Print Scre
1°.-1
1050 CITYCOUNCIL
1150 CITYCLERK
1200 ADMINISTRATION
1225 FINANCE AND BUDGET
1230 I T.
1240 RISKAND HUMAN RESOURCES
1305 LEGAL AND RISK MANAGEMENT
1350 COMMUNITY DEVELOPMENT
1550 COMMUNITY SERVICES
2000 ANNIMAL CONTROL
2030 CODE ENFORCEMENT
2050 POLICE DEPARTMENT
2090 POLICE SUPPORT
2100 FIRE DEPARTMENT
2150 BUILDING
3105 PUBLIC WORKS
3250 STREET MAINTENANCE
4050 SEWER OPERATIONS
4500 REFUSE
6005 FACILITY MAINTENANCE
6050 PARKS
Change Business Address
Next Number
31412019
1 Melana Taylor
A
Type number or name...
A
If PO is for future FY enter that
FY 07/01/FY here
SHIP TO
Ship To Code Selection
'2' Select 1 LO Add I 2 Edit 1 4.V Refresh 1 ,;a Print Screen 1 4 Help Ship To Cone Description
lq l
ADMIN r—ADMIN
:...................................................................................................................................
CITY MANAGER CITY MANAGER
COMM DEV COMMUNITY DEVELOPMENT
COMMMUNITY COMMMUNITYSERVICES
FINANCE FINANCE
HR HUMAN RESOURCES
MAINT YARD GROUNDSIPARKS+BUILDINGS
PUBLIC SAFETY PUBLIC SAFETY
TRAM age T I G0 1311
TRANSIT MAI NT TRANSIT 'MINT YARD
Full Address
1,1
ADMINISTRATION. 550 EAST 6TH STREET, BEAUMONT,
..........................................................................................................................................................:
CITY MANAGER, 550 EAST6TH STREET. BEAUMONT. C
COMMUNITY DEVELOPMENT. 554 EAST 6TH STREET. B
COMMUNITY SERVICES. 1310 OAK VALLEY PARKWAY.
FINANCE. 550 EAST€TH STREET. BEAUMONT. California
HUMAN RESOURCES. 550 EAST GTH STREET, BEAUMD
MAINTENANCE YARD. 715 IN 4TH STREET, BEAUMONT
PUBLIC SAFETY. 000 ORANGE AVENUE. BEAUMONT, C
PUBLIC WORKS, 550 EAST 6TH STREET. BEAUMONT. C
TRANSIT. 650 MAGNOLIA AVE. BEAUMONT. California 92
ATTN. DANIEL. VEHICLE MAINTENANCE YARD, 550 N C
ift 4/10/2023
Requisition Manager: KC/000B616 - Double Map
DETAILED DESCRIPTION
Detailed Description is necessary to
describe what is being purchased and
why. Complete this information with
as much detail as possible.
*If PO is for a new FY, make a note in
this description so that the approver
knows.
ITEM ENTRY TAB
Saveand Close 1 J Saveant New 1 at Delete Help Actions - Vendor Name: DOUBLE MAP
Vendor Number: 1437
Vendor Set: 01
Approval Status: Waiting for Approval
PO Box 44009
INDIANAPOLIS, IN 46224
USA.
[name Busi nessAddress
General
Item Entry
Shipping Entry
Items Distributions
Item Approvals
Item Approval History
Items Transferred
Bid/Quote
Notes
Documents
User Defined
Number
Description
Department
Issue Date
On Hold
Requested By
Auto Approve
Ship To
Vendor
C'D
Detailed Deuription
RECIN00616
Next Number
Double Map
7200 - FEED ROUTE
5+72019
Mdana Taylor
TRANSIT -TRANSIT
1437 • DOUBLE MAP
4. BASE STS I EM ANNUAL SUBSCRIPTION 431119-3131120 919.146.66 DPC REPORTING SUBSCRISUPPORT 411119-333120 95.313.34
1 HARDWARE BASE SYSTEM CADIAVL H3 $6.002.45
Save and Close B
Save and New Delete Erint Screen A Help 4 Load Template Copy From Requisition SAFUNDING SOURRCSTA C,S uanrir,r manna HIGH TECH IRRIGATION.INC.
uendr,r nhlmb 1624
uanrir,r car 01
Approval Status:'aiting for Approval
General
Item Entry
Shipping Entry
Items Distributions
Item Approvals
Item Approval Histo
Items Transferred
Bid/Quote
Notes
PO Notices
Documents
User Defined
80-975 INDIO BLVD, BLDG A
INDIO, CA 92201
U.S.A.
Change Business
Commodity NA - NA - 0. Load Commodity Defau
Item Descri on Surf Supreme Fertilizer -all parks and parkways Ship To MAINT YARD - GROUND: - 0
Vendor 1624 - HIGH TECH IRRIC • 0,
Units Price Amount
Ordered 8,899.24
Shipping 0.00
Sales Tax - 0. 0.00
Account
Project Account...
Special Instructi...
Total Item to non v.
rn m
10060.5070705999. 100-605 0 0, View Budget
Type key. n umber or name... 0,
Split Distribution
COMMODITY
Vendor Part N...
Need By Date
Commodity Code Selection
ect Lj Add ID Edit a Refresh Print Screen .4 Help
Code oescriiialge 150 of 131
111
Goods Goads
Draft 4/10/2023
Services Code - Will allow entry of a dollar amount in the far -right box.
Goods Code — Not suggested unless only ONE item with ONE fixed cost.
N/A — Suggested for purchase of goods if MULTIPLE items.
Shipping - Can be added if it is known or if it needs to be estimated.
Sales tax - Has not been added to the requisition module at this time. If using the Goods code, be sure sales tax is already added to the unit price (if applicable).
Units
Drd ered
Shipping
Sales —ax
Price Amount
x
0.00 0.00
ADDITIONAL TABS TO UTILIZE
All purchases for the City of Beaumont must follow the Purchasing Ordinance. To comply with the Ordinance, utilize the "Bid/Quote", "Notes", and "Documents".
Each of these three items can "ADD", "EDIT", or "DELETE".
Only NOTES have the ability to "EXPAND ALL".
General
Item Entry
Shipping Entiy
Items Distributions
Item Approvals
Item Approval Histci}'
Items Transferred
Bid/Quote
Notes
Dccurnents
User Defined
Add
Edit
1J
Delete
Epand All
Bid/Quote - Use to record vendors, quotes provided, and awarded contract (requires checkbox on General Tab to make this option available).
98 Draft 4/10/2023
Notes
1. Enter what documents have been attached.
2. Enter under which element of the purchasing ordinance the purchase is being made (sole source, informal RFP, formal RFP, emergency, etc.).
Other notes can be entered as deemed necessary.
Sav? d Close 1 J Save and New 1 n 1 :8J Help t I, Actions Vendor Name: DOUBLE MAP
Vendor Number: 1437
Vendor Set: 01
Approval Status: Waiting for Approval
PO H00 44069
INDIANAPOLIS, IN 46224
3.SA
Charge Business Address
Amount:
53D.962A6
General
Item Entry
Shipping Entry
Items Distributions
Item Approvals
Item Approval History
Items Tia nsfened
Eid.'qucte
Notes
Dccuments
User Defined
Created Date Created By Subject Description
p E, 5062019 Metara Taylor VENDOR BIDS VENDOR IS SOLE SOURCE FOR SYSTEM BEING UTILIZED 0 6162019 Melana Taylor CC APPROVAL STAFF REPORT AND INVDICES ATTACHED A'S 'DOCUMENTS' Add
Edo
Delete
BNaard1 AN
Documents - Use to attach bids or pricing quotes obtained for the items(s)/service(s) requested (include staff reports, if applicable).
Final Step- Make sure to go back to the general screen and unclick the bid/quotes box and recheck the Auto Approve box. If this step is not completed the other approvers will not be able to see the requisition. 99 Draft 4/10/2023
Grant Policies and Procedures
Definition and Purpose
The definition of a grant for purposes of this policy is as follows: An award of financial assistance in the form of money or property by a funding source including the federal government, state government, other local governments, non-profit agencies, and private businesses and citizens that the City can accept or reject.
The purpose of the grant procedures outlined in this document is:
1. To ensure proper oversight of all funds awarded to the City.
2. To minimize the City's risk of losing funding due to non-compliance with grant requirements.
3. To ensure proper administration and accounting of all grants.
Scope
This policy is applicable to any City of Beaumont program, department, or fund division preparing and submitting grant applications to agencies outside the City government for funds, materials, or equipment to be received and administered by the City or by an entity for which the City acts as fiscal agent. The goals and objectives of the City departments should be established early in the planning process and should not change based on changes in the availability of different funding sources sought and received.
If grant policies and regulations conflict with regulations and policies of the City, the federal and state regulations will prevail unless they are less restrictive than City policies where City policy prevails.
No grant will be accepted that will incur management reporting costs greater than the grant amount. Such costs include, but are not limited to, indirect costs, overhead and any other items needed to administer the grant.
Central Responsibility
The City Council authorizes the Administrative Services Director and Finance Director to promulgate any procedures and controls that minimize the City's risk for non-compliance with grant requirements and the Administrative Services Director or their assigned designee for providing support to requesting agencies.
The Administrative Services Department will maintain the back-up file for all grants in order to facilitate management, reporting and overall monitoring. The required central grant file will be maintained by the department seeking grant funds and must be retained in accordance with City of Beaumont retention policy.
For Federal Grants, the Department applying for the grant and the Finance Department should ensure compliance with the Federal Office of Management and Budget (OMB) general requirements and any 100
Draft 4/10/2023
other state and/or federal requirements specified in the grant conditions. The Administrative Services Department and Finance Department will review expenditures for obvious non-compliance and will act as liaison with independent auditors. All City programs, departments, and fund divisions shall submit any/all grant information required by the Administrative Services Department to carry out its oversight responsibilities.
Grant Application Procedures
4.1 The City program, department, or fund division desiring to submit a grant application soliciting funds will prepare the request as outlined by the grantor's requirements. Grant applications will be reviewed by the department(s) seeking grant(s) in order to make an independent assessment of all financial aspects of the application to ensure funds availability. The department director should sign the grant application as approval that funds are available and that they are supportive of the fiscal impacts to their department. The department applying for the grant should make every effort to project all initial and ongoing costs associated with the grant program including but not limited to staff support, needed assistance for computer systems, office space, utilities, systems furniture, vehicles, office equipment, office supplies, computer software and hardware, and/or telephone charges.
4.2 Upon the department completing its financial assessment, they shall prepare and submit a Grant Processing Request Form (Appendix A) to the Administrative Services Department with the original grant application, along with any required assurances and conditions prior to submitting the application to the grantor entity for approval. This Form must be approved by the City Manager prior to the grant application being submitted. The purpose of this from notification to Administration is to eliminate duplication of submissions by City departments for the same grant, to allow Administrative Services to maintain a comprehensive list of pending grant applications as well as active grants, to provide assistance as appropriate to departments in the preparation and administration of grants, and to ensure availability of matching funds, where applicable. The Administrative Services department will obtain the City Manager's approval and notify the department that the application has been approved. Administrative Services will also send a Memorandum of Understanding, if necessary, on the grant's requirements to the department applying for the grant and will assist departments on inquiries concerning compliance issues.
4.3 The Administrative Services Department will request additional information or revised submittals if needed. The Administrative Services and Finance Departments will work with the departments to ensure the availability of funds. For those grant applications where a Grant Processing Request Form has not been submitted within a reasonable time, Administrative Services will follow up with the applicable department to see that the proper procedures are followed. Grant applications shall not be submitted to the grantor entity prior to the Administrative Services Department receiving and the City Manager approving the Grant Process Request Form. In some cases, the grant application shall not be submitted until approved by the City Council.
4.4 Any grant pertaining to technology will be required to complete a Technology Service Request (Appendix B) Form and forward it to the Administrative Services Department before applying for the grant. City of Beaumont's Software/Hardware standards and IT staffing must be considered for any software/hardware purchases. IT staff must make assurances that any equipment/software purchased will be technologically compatible and can be supported in 101
Draft 4/10/2023
years to come.
4.5 If the grant is incorporated into the Adopted City of Beaumont Budget and appropriated, then no additional Board approval is required for the application and acceptance of the grant, unless otherwise required by individual grant requirements. However, supporting documentation to assist in monitoring of the grant shall be forwarded to the Administrative Services Department for their records.
4.6 All grant award acceptances must have approval from the City Manager and/or the City Council, under the provisions of the limits established in the City of Beaumont Purchasing Policy.
This action may involve preparation of a City Council agenda item for inclusion on the next regular meeting agenda for consideration. In order for an item to be considered at a board meeting, the department must forward the required staff report and any necessary documentation to the City Clerk's office in accordance with the City's agenda procedures. Please refer to the City Council calendar or consult with the City Clerk's office for additional information on the agenda deadlines.
In the event that a grant cannot be presented at City Council due to a short timeline, staff are required to bring the grant to City Council at the first available meeting for ratification.
4.7 If a grant application is denied by the grantor, a copy of the letter of denial shall be forwarded to the Administrative Services Department for their records. In addition to the letter of denial, the department which submitted the grant shall draft and submit a summary of the denial to the Administrative Services Department for their records.
Grant Acceptance Procedures
5.1 Whenever possible, all requests for acceptance of grants of a recurring nature should be submitted to the Finance Department through the normal budget process that must be approved by the City Council.
5.2 The grant award letter/acceptance agreement (notification received detailing the amount of the grant awarded, grant assurances and special conditions, and the guidelines that must be followed to comply with the grant requirements) will be forwarded to the Administrative Services Department, who will review the grant award for reporting requirements, special conditions, and deadlines related to administering the grant.
5.3 If deemed necessary by Administrative Services Director and time permits, the Administrative Services Department may forward the grant award letter/agreement to the City Attorney for legal review of any clauses or grant special conditions to ensure compliance with Federal or state laws.
5.4 In order for expenditures to be processed against a grant, a budget appropriation must be established using procedures and limits set forth in the City of Beaumont Financial Management Policy. The department requesting a grant will work with the Finance Department to prepare a City Council agenda item requesting appropriation of grant funds, unless the grant has already been approved by the City Council as part of the adopted annual budget process. 102
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5.5 Upon obtaining a copy of the Council action approving a grant, the Finance Department will assign an account code to the grant and the applicable department will be notified of the account code. For reimbursable grants, all reimbursement requests should be copied and forwarded to Administrative Services and Finance Departments, noting the applicable account code for the receipt of the funds. The Finance Department will notify the departments of such anticipated receipts of revenue for those reimbursements made to the City. The Finance Department will track receipts for reporting with annual audits.
5.6 Departments should notify the Administrative Services and Finance Departments if:
A. There is a subsequent alteration in the funding configuration.
B. There is a subsequent alteration in the City's financial obligation.
C. Grant funds will be carried forward into the next fiscal year.
D. There are any notifications that the grant will be terminated.
5.7 Departments shall process Personnel action/status forms at year end for those grants that have new account numbers each year, to eliminate necessary future adjustments.
5.8 Departments are responsible for ensuring that all funds are expended or encumbered prior to the end of the grant period, for funds to be used adequately and not lost in future award periods.
Grant Master File and Fiscal File
6.1 Grant Master File
The program manager is required to maintain a grant master file in order to document all major actions from the grant award through closeout. The master file should include the following documents:
A. Grant Application: Funding opportunity announcement and the original grant application that was submitted to the awarding agency.
B. Grant Award Documents: Grant award, terms and conditions, assurances, award modifications, and approved Request for Council Action (RCA) for the acceptance of the award. Also include subrecipient agreement if portion of the award was transferred to a subrecipient.
C. Financial Documents: Approved budget and budget amendments.
D. Grant Reports: Periodic and Final Financial and/or Performance reports including any communications regarding these reports.
E. Grant Reimbursement/Payment Requests: Reimbursement/Payment Request form, supporting documents including copy of invoices, copy of transmittal letter, copy of check payment or EFT notification, and copy of Deposit Transmittal Form (DTF).
F. General Communications: Internal or external communications pertaining to the grant.
6.2 Fiscal File
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To assist in administering the grant, the Administrative Services Department should also maintain a fiscal file. The fiscal file contains all documentation related to the financial history of the grant. To ensure the creation of the fiscal file, the program manager should provide the following documents to Administrative Services:
A. Executed copy of the grant Award and approved RCA
B. Terms & Conditions
C. Award modifications
D. Approved grant budget
E. Budget modifications
F. Financial Reports
G. Reimbursement/Payment Requests and supporting documentation Grant files must be retained in accordance with the City of Beaumont's file retention policy or, for federal awards, the retention requirements for records per 2 CFR 200-333, whichever is more restrictive.
Grant Monitoring and Reporting
7.1 Monitoring of Grants
7.1.1 Departments are responsible for continuous monitoring of the financial status of grants. The Finance Department will provide departments with regular access to monthly financial reports for such monitoring. This report will include information, such as money already expended, remaining funding, budget to actual analysis, payments already received, grant receivable or advance payment balance, and if applicable, matching funds already provided. Departments must review the monthly financial reports and notify the Administrative Services and Finance Departments promptly of any discrepancies noted and/or any additional reports needed.
7.1.2 Line -item budget amendments must be approved prior to grant expenditures being made in order to avoid loss of funding or denial of reimbursement. Line -item adjustments must be completed in accordance with the awarding agency's policies and procedures. Line items can go negative, as long as the grant account is not negative in total if the granting entity allows it, but the department should remember that expenditures must be reported to the grantor by line item and must be allowable in the line item reported and spent.
7.1.3 Departments must also monitor grants for compliance with all applicable federal, state, and local regulations and ensure that grant expenditures remain in compliance with grant procurement policies and procedures. For example, equipment procured with grant funds must be disposed of in accordance with the terms of the grant and OMB Circular A-87 requires payroll costs to be supported properly based on the percentage worked on the grant. Federal grants must meet requirements set out in OMB Circulars A-87, A-102, and A- 104
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133 or the Uniform Grant Guidance, as applicable. Departments should contact Administrative Services and/or Finance if assistance is needed with compliance issues.
7.1.4 Departments shall require Sub -recipients of grant funds to prepare and submit progress reports to the City. Departments shall notify all sub -recipients of the grant's compliance requirements, reporting requirements, and cost principles. Departments shall establish periodic monitoring meetings with sub -recipients to ensure grant compliance. Subrecipients shall provide a written acknowledgement that they have received and agree to the items detailed above and any other requirements explained by the City.
7.2 Grant Reporting
7.2.1 The requesting department is responsible for providing performance and financial reports to grantors. If it is determined that the report preparation is to be handled by the Administrative Services or Finance Department, this must be indicated on the Grant Processing Request Form. In some cases, grantors may prohibit the same individual from submitting both performance and financial reports. If the program manager identifies this scenario, or something similar they shall notify the Administrative Services Department who will designate a different party to perform the financial report.
7.2.2 Departments handling grant reporting are responsible for complying by the due dates with all reporting requirements of the grant including financial reporting and reimbursement requests. All reimbursement requests should be copied and forwarded to Administrative Services and Finance for review and monitoring of timeliness of revenue reimbursements.
7.2.3 Timely requests for reimbursements are crucial to maximize the financial benefits of the grants to the City. Grant reimbursements should be completed in a timely manner and in accordance with the requirements of the specific grant.
Indirect Costs
Grant applicants may request indirect costs if the application guidelines do not require federally approved indirect cost rate and indirect cost are allowed in the grant. Departments should contact the Finance Department for assistance with identifying and calculating indirect costs for inclusion in grant applications. These funds may be used by the Finance Department to offset costs in overseeing the grant including staff time, external auditor expenditures, etc.
Personnel
9.1 Any new personnel positions to be created as a result of grant funding must be approved by the City Manager and City Council, and properly classified by Human Resources. Departments are to promptly notify Payroll each year of coding changes needed for those persons being charged to grants since project/grant codes may change each year. (Coding changes are noted on personnel action/status forms and turned into Human Resources by the applicable departments.) The Department applying for a grant that will create a new position(s) shall prepare a staffing plan and submit such plan to the Administrative Services Department. The staffing plan should include the duration of the position(s) (temporary or permanent), detail the work to be performed by the 105
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new position(s), and describe how the position(s) will be funded upon the expiration of the grant funding.
9.2 Where employees are 100% federally funded by a grant, salaries and wages will be supported by quarterly certifications stating that the employee worked solely on that program for the period covered by the certification. The certification must be signed by the supervisory official having firsthand knowledge of the work performed by the employee. Where employees are partially federally funded, their daily tasks must be listed on Daily Activity Logs if provided by the grantor to support the percentage of time spent working on the grant. Distribution percentages determined before the services are performed do not qualify as support for charges to Federal awards. For example, someone working 75% out of federal funding and 25% out of local funding must complete the daily activity log to substantiate the percentages.
9.3 Any employee whose salary is paid in part by a grant must develop an activity log that will allow him/her to track actual times and effort performed for the grant. When completing the required bi-weekly timesheet, the employee must itemize time by activity, indicating the account number and for each activity. The program manager will review/sign the timesheet ensuring the following: (1) total hours allocated to the grant based on actual hours recorded in the employee's activity log; and (2) the account numbers and project account codes being used are correct ensuring proper distribution of wages. Once reviewed, the program manager will forward the timesheet to the department head for approval/signature. Once approved by the department head, it will go to the Administrative Services Department to the attention of the payroll technician for processing. Personnel costs that are to be funded using Grant funds may not be used for compensatory time.
Grant -Related Procurement ad Policy Issues
10.1 Procurement Using Grant Funds
When submitting purchase requisitions with the intention of using grant funds, the department head or program manager must clearly indicate the source of funding for the procurement.
The department head or program manager must also communicate to the Finance Department the applicable procurement standards for the grant, preferably via e-mail. The Finance Department must review the grant procurement standards and incorporate them, if necessary, in the procurement process.
10.2 Procurement Using Federal Grant Funds
10.2.1 The Finance Department must be notified that federal funds are involved for all purchases with federally funded grants, regardless of the dollar amount involved.
All purchases, of any amount, made with federal grant funds must comply with the following requirements detailed in Section 14 below.
10.2.2 If federal funding is involved, the department head, program manager and Finance Department must ensure the procurement standards outlined in 2 CFR 200-320 and the required suspension and debarment testing- 2 CFR 200-213 - for covered transactions are met. Covered transactions include procurement of goods and services that equal or 106
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exceed $25,000, non -procurement transactions as defined in 2 CFR 180.970 and subcontracts/sub awards that equal or exceed $25,000.
10.2.3 List of debarred or excluded vendors can be found in the System for Award Management web page and can be accessed at the following address: http://www.sam.qov . From there, go to Search Records at the top left of the page, and search for your vendor by name. You will receive a message showing whether your vendor is excluded or not. If excluded, you shall not purchase from that source. If there are no records matching the search request, you may purchase from that vendor, assuming all other purchasing and grant requirements have been met. In either case, please print out the pages for your grant file, to show compliance with this requirement.
10.2.4 A copy of the required certification related to the suspension and disbarment of the vendor MUST be obtained before any funds are spent. The program manager must document the result of the sam.gov search in the grant Master file and fiscal file and be made available to the department head, Administrative Services Department, Finance Department and/or external auditors upon request.
10.2.5 In some cases, the City of Beaumont's procurement standards may be more restrictive than the grant's procurement standards. For example, 2 CFR 200-320 allows the use of procurement by small purchase method when acquiring goods or services that do not cost more than the simplified acquisition threshold (currently at $150,000). In this method of procurement, informal solicitation of price or rate quotes from an adequate number of sources is acceptable. However, the City of Beaumont's procurement policy (BMC; Chapter 3) requires an informal competitive bid for purchases between $45,000 and $175,000. In such a circumstance, the program manager must follow the City of Beaumont's procurement standards because it is more restrictive.
10.2.6 The Finance Department also needs to be notified so that assets acquired using Federal funds can be properly identified. Equipment items purchased with federal funds that cost $5,000 or more are to be tagged when purchased so that proper disposal procedures can be followed when items are sold or sent to surplus. Federal equipment should be inventoried at least every two years in order to be properly safeguarded against theft, damage, or loss. Inventory records should be maintained in accordance with State Library Regulations. Also, land purchases made with grant funds often have land use restrictions which will be discussed with the City Attorney's office to ensure restriction compliance.
When assets acquired with Federal funds are no longer used in the grant program (i.e., grant has expired, asset was lost, stolen, or damaged, or asset became idle) the grantor must be notified. The Federal Government may be due a portion of the proceeds for equipment items with a book value of $5,000 or more at the time of disposition. If the federal entity is compensated for the current fair market value of the item, the equipment may be retained by the entity.
10.2.7 Grantees should follow the City's and/or grantor's policies and procedures for all practices including procurement for the selection of contractors and vendors. If grant applications have special conditions, a copy of such must be given to the Administrative Services and Finance Departments for assistance in compliance monitoring. If grant guidelines require grantees to abide by different procurement procedures other than those adopted by the City, the grantee should resolve the situation with the Finance Department prior to submitting the application. As a rule, the federal and state regulations prevail unless less 107
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restrictive than City policies -where City policy prevails.
Classification of Grant Revenue
All federal, state, and local grant revenue should be receipted as revenue as opposed to expenditure refunds in order to remain in compliance with approved grant policies and GAAP revenue recognitions requirements. Budgets of expenditures for revenues received are obtained through the City of Beaumont Financial Management Policy and as previously described in above paragraphs.
Year-end Procedures
12.1 Indicate clearly on the June and July invoices which fiscal year (prior or current) they are to be posted. Only goods and services received prior to July 1st can be posted back to the prior year. Receipts received in July and August for prior year expenditures should be reconciled promptly.
12.2 Ensure all funds are expended or encumbered prior to the end of the grant period so that funds will be used adequately and not lost in future award periods.
Grant Closeout
13.1 A grant is considered completed when all work funded by the grant is completed or the grant's period of performance ends. If work cannot be completed within the specified period of performance, the program manager is responsible for ensuring that a continuation or no -cost extension is requested in a timely manner. All continuation or no -cost extension requests should be submitted to the Administrative Services Department for review and approval prior to submitting the request to the grantor.
13.2 Each grant has specific closeout procedures to which the City must adhere to. The closeout documentation and the due dates for submission of required final reports and final payment request are stated in the terms and conditions of the award. The program manager must see to it that all the required work for the grant is completed, no further expenditures are incurred after the grant's period of performance and all invoices are paid and posted to the accounting software before finalizing the final financial report and the final payment request.
13.3 To ensure accuracy of the final financial report and final payment request, the program manager must obtain a final grant recap from the Finance Department and an account summary report covering the grant's period of performance. These reports must be reviewed and reconciled. Once the final financial report and final payment request have been prepared, it will be submitted to the department head or appropriate City management personnel for review to ensure they are mathematically accurate and supporting documentation agrees to the final financial report/final payment request. The department head or City management personnel will send the program manager an email indicating review and approval of the prepared final financial report/final payment request.
13.4 The program manager is responsible for complying with the due dates specified in the award terms and conditions.
Detailed Federal Grant Procurement Policy
14.1 Purpose
The City of Beaumont is a potential recipient of Federal Grant Funds and as such, is required 108
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to confirm with Federal laws and standards identified in 2 CFR 200.318-326. Therefore, procurements in which federal funds are contemplated or used must be conducted in accordance with federal procurement requirements. This policy explains the City Procurement Policy with respect to federally funded procurements by providing a cross-reference between federal procurement regulations, explains the applicable City procurement policy and how it conforms to federal requirements. CFR Reference: 2CFR 200.318(a)
14.2 Procedures
City staff shall consult this policy when dealing with any procurements in which federal funds are contemplated or used. This document will be updated as needed to reflect changes in federal regulations. All procurements in which federal funds are contemplated or used must be conducted in accordance with federal procurement requirements. This policy explains the applicable City procurement policy and how it conforms to federal requirements. Note, certain grants will have additional procurement requirements, i.e., Buy America. In those instances, all procurement requirements identified in the circular shall also apply.
14.3 Policy
General Government Standards
CFR Reference: 2CFR 200.318
14.3.1 Goal
All purchasing functions are to be conducted with the highest ethical standard. Department directors, division managers and employees must remain constantly aware of their responsibilities when spending public funds. The Finance Department will provide a purchasing process that implements and maintains the requirements of the City Municipal Code Chapter 3.0 and provide a centralized purchasing system to:
A. Establish a purchasing program providing for competitive bidding in the open market and obtaining the greatest possible advantage to the City.
B. Provide a cost-effective purchasing process utilizing high ethical standards.
C. Obtain the appropriate quality of materials and services at the lowest ultimate cost and in a timely manner.
D. Provide a system to purchase, using effective fiscal controls that ensure adherence to budget, expenditures, and encumbrances. Obtain appropriate levels of approval as established herein.
E. Award purchases to the lowest responsive and most responsible vendors meeting specifications and city requirements.
F. Promote and maintain good relationships with vendors. City staff shall deal in a professional manner and promote equal opportunity, fairness, and courtesy in all vendor relations.
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14.3.2 Staff Responsibilities
It is the responsibility of all City of Beaumont staff assigned to purchase materials, equipment, supplies and services for all City functions to follow the established Procurement Process. These purchasing activities shall be conducted in the most economical and efficient manner.
14.3.3 Responsibilities of the Finance Department
Pursuant to the City Municipal Code the Finance Director is responsible for the administration of purchases for all City departments. The City Municipal Code provides for the delegation of some or all the purchasing responsibilities to the department director and to his/her designee. With the promulgation of this provision, department directors are responsible for ensuring their department purchases are made in accordance with the Purchasing Guidelines and the approved Annual budget. The Finance Director is responsible for oversight of the various departments and to ensure adherence to the rules and regulations of the City Municipal Code Chapter 3. The Finance Director will assist department directors/designees to comply with the requirements of the purchasing guidelines.
The Department director may delegate the authority of procurement to staff member(s) within his/her department and division. The designated staff carries the full responsibility for the purchasing processes designated to them.
14.3.4 Code of Ethics
A. Regard public service as a sacred trust, giving primary consideration to the interests of the City.
B. Purchase the best value obtainable, securing the maximum benefit for each tax dollar expended.
C. Allow for full and open competition and not participate in uniform bidding.
D. Know and respect their obligations to the public, private sector and using agencies.
E. Accord vendor representatives' courteous treatment remembering that they are important sources of information and assistance in purchasing decisions.
F. Avoid all appearances of unethical or compromising acts during interaction with vendors.
G. Ensure that all vendors have the opportunity to participate in the bidding procedure.
H. Strive constantly for greater knowledge of purchasing methods and of the goods and services to be procured.
I. Conduct one -self with fairness and dignity, and demand honesty in buying and selling.
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J. Remember that their conduct reflects on the City.
14.3.5 Conflict of Interest
No officer or employee of the City having any supervisory authority to purchase any specific goods, services or construction for the City shall be engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.
14.3.6 Gratuities
The Finance Director and all other officers and employees of the City are prohibited from accepting directly or indirectly from any person to whom any purchase order or contract is, or might be, awarded, any rebate, kickback, gift, money, or other unlawful consideration.
The offer of such gratuity to an official or employee by any supplier or contractor shall be cause for declaring such individual to be an irresponsible bidder and for preventing such supplier or contractor from bidding. The City may elect to audit any supplier or contractor documents as it pertains to this section.
14.3.7 Pre -Solicitation
A. The Finance Director and all other officers and employees of the City procuring with federal funds must avoid acquisition of unnecessary or duplicative items.
Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical purchase. CFR Reference: 2CFR 200.318(d) B. Where advantageous for the City, when competitively bid and awarded and to foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal Government, the City is encouraging staff to enter into state and local intergovernmental agreements or inter -entity agreements where appropriate for procurement or use of common or shared goods and services. CFR Reference: 2CFR 200.318(e) C. The City is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost.
CFR Reference: 2CFR 200.318(g)
14.3.8 Post -Solicitation
A. The City must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed 111
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procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also §200.213 Suspension and debarment. CFR Reference: 2CFR 200.318(h)
B. The City must maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.
CFR Reference: 2CFR 200.318(1)
C. The City may use a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a non-federal entity is the sum of:
(i) The actual cost of materials; and
(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit.
In addition, since time -and -material type contract generates an open-ended contract price, a time -and- materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, City staff must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls CFR Reference: 2CFR 200.318(/) D. The City alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the City of any contractual responsibilities under its contracts. The federal awarding agency will not substitute its judgment for that of City staff unless the matter is primarily a federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. CFR Reference: 2CFR 200.318(k)
14.4 Competition
CFR Reference: 2CFR 200.319
14.4.1 All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. To ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to:
A. Placing unreasonable requirements on firms for them to qualify to do business. 112
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B. Requiring unnecessary experience and excessive bonding.
C. Noncompetitive pricing practices between firms or between affiliated companies.
D. Noncompetitive contracts to consultants that are on retainer contracts.
E. Organizational conflicts of interest.
F. Specifying only a "brand name" product instead of allowing "an equal" product to be offered and describing the performance or other relevant requirements of the procurement; and
G. Any arbitrary action in the procurement process.
14.4.2 City staff must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.
14.4.3 City staff must have written procedures for procurement transactions. These procedures must ensure that all solicitations:
A. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equivalent" description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and
B. Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.
14.4.3 City Staff working on each grant must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, staff must not preclude potential bidders from qualifying during the solicitation period.
14.5 Methods of Procurement to be Followed.
CFR Reference: 2CFR 200.320
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City staff must use one of the following methods of procurement:
A. Micro -purchases procedures. Procurement by micro -purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed $3,000 (as currently defined in CFR Reference: 2 CFD 200.67 or $2,000 in the case of acquisitions for construction subject to the Davis -Bacon Act). Procurement by micro - purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro -purchase threshold to the extent practicable, City staff must distribute micro -purchases equitably among qualified suppliers. Micro - purchases may be awarded without soliciting competitive quotations if City staff considers the price to be reasonable.
B. Small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold of $150,000 (as currently defined in CFR Reference: 2 CFD 200.88). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources.
C. Sealed bids (formal procurement) procedure. is the acquisition of supplies or services, the aggregate dollar amount of which exceed $150,000 Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction if the conditions in paragraph (c)(1) of this section apply.
1. In order for sealed bidding to be feasible, the following conditions should be present:
(a). A complete, adequate, and realistic specification or purchase description is available.
(b). Two or more responsible bidders are willing and able to compete effectively for the business; and
(c). The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price.
2. If sealed bids are used, the following requirements apply:
(a) Bids must be solicited from an adequate number of known suppliers, providing them with sufficient response time prior to the date set for opening the bids, for local and tribal governments, the invitation for bids must be publicly advertised.
(b) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services for the bidder to properly respond.
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(c) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly.
(d) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of and
(e) Any or all bids may be rejected if there is a sound documented reason.
D. Procurement by competitive proposals (RFP)
The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost -reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply:
1. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical.
2. Proposals must be solicited from an adequate number of qualified sources.
3. City staff must have a written method for conducting technical evaluations of the proposals received and for selecting recipients.
4. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and
5. City staff may use competitive proposal procedures for qualifications -based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated, and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of NE professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort.
E. [Reserved by Code of Federal Regulations]
F. Procurement by noncompetitive proposals (Sole/Single Source).
Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:
1. The item is available only from a single source.
2. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation.
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3. The Federal awarding agency or pass -through entity expressly authorizes noncompetitive proposals in response to a written request from City staff; or
4. After solicitation of several sources, competition is determined inadequate.
14.6 Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms
CFR Reference: 2CFR 200.321
A. City staff must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.
B. Affirmative steps must include:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists.
2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources.
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises.
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises.
5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.
14.7 Procurement of Recovered Materials
CFR Reference: 2CFR 200.322
Contracts must contain a clause stating contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and 116
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establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
14.8 Contract Cost and Price
CFR Reference: 2CFR 200.323
14.8.1 City staff must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold ($150,000) including contract modifications. The method and degree of analysis is dependent on the facts surrounding the procurement situation, but as a starting point, City staff must make independent estimates before receiving bids or proposals.
14.8.2 City staff must negotiate profit as a separate element of the price for each contract in which there is no price competition and, in all cases, where cost analysis is performed.
To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
14.8.3 Costs or prices based on estimated costs for contracts under the federal award are allowable only to the extent that costs incurred, or cost estimates included in negotiated prices would be allowable for City staff under Subpart E —Cost Principles of this part.
City staff may reference its own cost principles that comply with the federal cost principles.
14.8.4 The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used.
14.9 Federal Awarding Agency or Pass -Through Entity Review CFR Reference: 2CFR 200.324
14.9.1 City staff must make available, upon request of the federal awarding agency or passthrough entity, technical specifications on proposed procurements where the federal awarding agency or pass -through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if City staff desires to have the review accomplished after a solicitation has been developed, the federal awarding agency or pass- through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase.
14.9.2 City staff must make available upon request, for the federal awarding agency or passthrough entity pre -procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when:
A. City staff's procurement procedures or operation fails to comply with the procurement standards in this part.
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B. The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or if only one bid or offer is received in response to a solicitation.
C. The procurement, which is expected to exceed the Simplified Acquisition Threshold specifies a "brand name" product.
D. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or
E. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold.
14.9.3 City staff is exempt from the pre -procurement review in paragraph (b) of this section if the federal awarding agency or pass -through entity determines that its procurement systems comply with the standards of this part:
A. City staff may request that its procurement system be reviewed by the federal awarding agency or pass -through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high -dollar funding, and third -party contracts are awarded on a regular basis.
B. City staff may self -certify its procurement system. Such self -certification must not limit the federal awarding agency's right to survey the system. Under a self - certification procedure, the federal awarding agency may rely on written assurances from City staff that it is complying with these standards. City staff must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review.
14.10 Bonding Requirements
CFR Reference: 2CFR 200.325
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold ($150,000 as currently defined in CFR Reference: 2 CFD 200.88), the federal awarding agency or pass -through entity may accept the bonding policy and requirements of City staff provided that the federal awarding agency or pass -through entity has made a determination that the federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:
A. A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (To be submitted with the bidding documents)
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B. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (To be submitted at time of contract award)
C. A payment bond on the part of the contractor for 100 percent of the contract price.
A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
(To be submitted at time of contract award)
14.11 Contract Provisions
CFR Reference: 2CFR 200.326
City staff's contracts must contain the applicable provisions described in Appendix 11 to Part 200— Contract Provisions for non -Federal Entity Contracts under Federal Awards.
City Manager Exemption
The City Manager may exempt any grants from this policy at his/her sole discretion. 119
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Appendix A
GRANT PROCESSING REQUEST FORM
Department of Administrative Services
DATE:
DEPARTMENT:
GRANT PROGRAM:
GRANTING ENTITY:
ENTITY CONTACT:
ENTITY PHONE NO:
IF FEDERAL GRANT... CFDA #
EXAMPLE OF NUMBER
Dept: Department of Education
(Entity No.) 84.XXX (Grant Program No.)
PROGRAM TITLE:
FUNDING REQUEST:
FEDERAL
STATE
LOCAL
MATCH
OTHER
TOTAL
REQUEST
IF LOCAL MATCH IS REQUIRED, ARE FUNDS AVAILABLE IN DEPARTMENT BUDGET? Y/N ACCOUNT TO WHICH THE MATCH WILL BE CODED:
INDIRECT COSTS? Y/N
AMOUNT
REIMBURSEMENT GRANT? Y/N
FINANCIAL & PROGRESS REPORTS
PREPARED BY:
Department Finance
REQUEST FOR FUNDS SUBMITTED BY:
Department Finance
PROJECT DIRECTOR:
PHONE:
EMAIL:
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DEPT. DIRECTOR OR THEIR
SIGNATURE:
DATE:
DESIGNEE
APPROVING
SUBMISSON:
REVIEWED & APPROVED BY
FINANCE:
SIGNATURE:
DATE:
REVIEWED & APPROVED BY CITY
ADMINISTRATION:
SIGNATURE:
DATE:
Appendix B
TECHNOLOGY SERVICE REQUEST FORM
Department of Administrative Services
DATE :
DEPARTMENT:
GRANT
PROGRAM:
PROGRAM
TITLE:
AMOUNT OF GRANT ($):
ONGOING IT COSTS? Y/N ($) /YR
WILL PROFESSIONAL IT SERVICES BE NEEDED FOR INSTALLATION OR MAINTENANCE? Yes / No ? If Yes, please describe.
ARE PROFESSIONAL SERVICES OR MAINTENANCE COVERED BY GRANT? Yes / No ? If Yes, please describe.
LIST ALL EQUIPMENT AND/OR SOFTWARE TO BE ACQUIRED THROUGH THE GRANT? (Include Lifecycle for each item listed. See attachment A) Item
Lifecycle
PROJECT MANAGER:
PHONE:
EMAIL:
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REVIEWED & APPROVED BY INFORMATION
SIGNATURE:
DATE:
TECHNOLOGY:
REVIEWED & APPROVED BY CITY
SIGNATURE:
DATE:
ADMINISTRATION:
ATTACHMENT A
Device
Personal Computers
Cell Phones
Tablets and iPads
Copiers/Printers
Servers
Networking Infrastructure
AV Equipment
Replacement Period
4-5 years depending upon function and Warranty
2-3 years
3-5 years
5-7 years
5 years
5-7 years
5-7 Years
Peripherals
As needed
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Confidential Funds
(Drug Buy Money, Investigative Funds) Policy
Confidential funds are those funds allocated to the following three types of law enforcement undercover operations:
1. Confidential investigative expenses are for the purchase of services and would include travel or transportation of an undercover officer or an informant. Meals, beverages, entertainment, and similar expenses for undercover purposes, within reasonable limits, would be included.
2. Confidential funds for the purchase of evidence would include the purchase of evidence and/or contraband such as drugs, firearms, stolen property, etc., required to determine the existence of a crime or to establish the identity of a participant in a crime.
3. Confidential funds for the purchase of specific information from informants.
4. Confidential expenditures are subject to appropriation by the municipality's governing body. The governing body must ensure that the controls over disbursements are adequate to safeguard against misuse of such funds. When the funds are replenished, legislative approval should be based on a finding that the expenditures were necessary and reasonable for proper and efficient administration of the program under which they were used.
5. The funds authorized should be established in an Imprest fund. Imprest, Petty Cash and Other Revolving Funds prescribe the minimum requirements for the establishment and operation of an Imprest fund. In addition to all those requirements the following apply:
1. The supervisor of the unit to which the Imprest fund is assigned must authorize all advances of moneys to agents or officers for the purchase of information. Such authorization must specify the information to be received, the amount of expenditures, and assumed name of informer.
2. The investigation unit must maintain confidential files of the true names, assumed names, and signature of all informers to whom payments have been made. To the extent practicable pictures and/or fingerprints of the informer payee should also be maintained. 123
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3. The custodian should receive from the agency or officer authorized to make a confidential payment, a receipt for cash advanced to him/her for such purposes.
4. The agent or officer should receive from the informer a receipt of the following nature:
5. The signed receipt from the informer payee with a memorandum detailing the information received must be forwarded to the agent or officer in charge. The agency or officer in charge must compare the signature on the receipt with the confidential file of assumed name signatures.
He/she must also evaluate the information received in relation to the expense incurred and add his/her evaluation remarks to the report of the agent or officer who made the expenditure. A certification of payment to the custodian should serve as support for the expenditure from the Imprest fund. The certification should be witnessed by the agent or officer in charge on the basis of the report and informer payee's receipt.
6. Each agent or officer in charge must prepare a quarterly report showing status and reconciliation of the Imprest fund and itemizing each payment, name used by informer payee, information received and use to which information was put. This report must be made part of the files and reviewed quarterly by the head of the municipality's law enforcement agency and audited by the City's Finance Department.
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Unclaimed Money Policy
Purpose
To establish the proper disposition and accounting for unclaimed money. Government Code Sections 50050 through 50057 provide the authority for this policy.
Policy
1. Funds which are not the property of the City of Beaumont that remain unclaimed for a period of more than three (3) years will become the property of the City of Beaumont, if not claimed or if no verified complaint is filed and served, on or before the specific date stated in the public notice that is published in a newspaper of general circulation.
2. Any individual funds that are less than $15.00 or any funds regardless of amount for which the depositor's name is not known shall be transferred to the General Fund of the City after one year and without the need to publish notice.
Procedures
1. Unclaimed funds over three years old and over $15.00 will be identified on an annual basis.
2. For funds that have been unclaimed for at least a three-year period, a notice will be published once a week for two consecutive weeks in a newspaper of general circulation. The notice shall state the amount of money, the fund in which the money is held, and that the money will become the property of the City of Beaumont on a specific date (not less than 45 nor more than 60 days after the first publication). (Section 50051)
3. Upon or prior to publication, a party of interest may file a claim for the funds with the Director of Finance. The claim (see attached) must contain the claimant's name, address, telephone number, amount, tax identification number and grounds for the claim, and must become the property of the City of Beaumont. The Director of Finance can require additional information to help substantiate the claim and to establish the authority of the claimant to receive the funds. (Section 50052)
4. Notwithstanding Section 50052, the Director of Finance may release the unclaimed funds to the depositor, their heir, beneficiary, or duly appointed representative if claimed prior to the date the 125
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funds become the property of the City of Beaumont and satisfactory proof has been submitted. (Section 50025.5)
5. When the unclaimed funds become the property of the City of Beaumont, 45 days and no more than 60 days after a published public notice, and are in a special fund, the City Council may transfer them to the General Fund. (Section 50053)
Glossary
Unclaimed Monies may include but are not limited to stale dated checks, bond coupons, trust funds, deposits held for various purposes by City departments, and overpayments for City services.
Attachments
1. Unclaimed money —Instruction Sheet
2. Unclaimed money —Claim Form
3. Unclaimed money —Sample Notice
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Attachment 1
UNCLAIMED MONEY INSTRUCTION SHEET
Using this instruction sheet, determine and provide the appropriate documents in order to process your claim, and return them with your completed Unclaimed Money form.
All claimants must review SECTION A for required documentation. If you are an HEIR or BENEFICIARY of the deceased owner, refer to SECTIONS A & B.
SECTION A: CLAIMANT IDENTIFIATION
1. Copy of a photo identification (e.g., driver's license, state identification card, passport, etc.) for each claimant;
2. Copy of each claimant's Social Security card or any other document showing the claimant's Social Security number (e.g., federal or state income tax return or pay stub, etc.), if applicable;
3. Original check, deposit, or instrument identified in the "Unclaimed money publication";
4. Document (e.g., correspondence, statement, etc.) associating you or the owner with the business or names in the unclaimed money publication.
NOTE: IF ITEM 3 OR 4 IS NOT AVAILABLE, YOUR CLAIM MAY BE DENIED.
SECTION B: DECEASED OWNER
If you are an HEIR of the deceased owner named on the account, you are required to submit ALL items under SECTION A, the death certificate of the deceased owner, PLUS one of the following documents:
5. Copy of Currently Certified Letters, dated within the past six months, appointing the Executor or Administrator of the descendant's estate, and the Estate Tax Identification Number; or
6. Complete copy of the court Ordered Distribution of the Descendant's Estate; or
7. If the distribution of the estate was not ordered by a court, a complete copy of the descendant's Will and/or Trust Agreement; and a completed Declaration Under Probate code Section 13101 FORM; or
8. If no Will or Trust Agreement exists, a completed Declaration Under Probate Code Section 13101 form and a Table of Heirship form. You may obtain these documents at the State Controller's web site at http://www.sco.ca.gov/col/ucp/forms/index/shtml .
If you are providing the death certificate and items 5, 6, or 8 proceed to SECTION C.
SECTION C: SIGNED CLAIM FORM/AFFIRMATION
9. If the "amount" (listed on the front page of this Claim Form) is $500 or more, complete, sign and NOTARIZE the affirmation.
10. If the "amount" is less than $500 complete and sign the Affirmation.
Confirm that all required documents are included and send the entire package to the address on the Claim Form. 127
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Attachment 2
UNCLAIMED MONEY CLAIM FORM
Pursuant to California Government Code §50052, I wish to file a claim for previously unclaimed funds in the amount of $ which were published in the Newspaper on
. The grounds on which I am filling this claim are:
ALAN I OK INDIVIDUAL NAME I AXPAYEK IU NO. UK SOCIAL SECUKI I Y NO.
ADDRESS CITY, STATE, ZIP CODE
HOME TELEPHONE WORK TELEPHONE
I hereby certify that the above information is true and correct and is being submitted to the City of Beaumont to substantiate my claim to monies paid to the City. I further certify that I have the authority and right to claim and receive payment of these monies and hereby release the City of Beaumont, its directors, employees, representatives, attorneys and agents from all liability and further obligation with respect to this claim.
PRINTED NAME OF CLAIMANT
Mail To: City of Beaumont
Attn: Finance Department
550 E 6th St
Beaumont, CA 92223
SIGNATURE
DATE
OFFICE USE ONLY
Approved ( ) Denied ( )
FINANCE DIRECTOR DATE
CITY MANAGER DATE
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Attachment 3
SAMPLE NOTICE
Notice is hereby given that the City of Beaumont is holding funds for the following persons or entities. If said funds are not claimed by MM DD YYYY, these funds will become the property of the City of Beaumont in accordance with California Government code Sections 50050 — 50056. These funds may be released to the depositor, their heir, beneficiary, or duly appointed representative provided a claim form has been completed with the necessary information.
The Unclaimed Money Claim Form is available at the City of Beaumont Finance Department, 550 E 6th St, Beaumont, CA 92223, 951-572-3236 or on the City's website at www.beaumontca.gov . Required claim information includes name, address, phone number, tax identification number or social security number, amount of claim and grounds on which claim is founded. Once a claim is submitted, the Director of Finance will determine what, if any, additional information is necessary.
Persons/entities with funds on deposit for over three years:
AMOUNT
SOURCE OF FUNDS
$345.78
General Fund
$127.52
General fund
$1,200.00
Developer Deposit
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Cal- Card Program
These guidelines establish the City's basic policies and procedures for using purchase cards (Cal - Cards) in making supply purchases, subscriptions, memberships, training, and travel expenses on behalf of the City of Beaumont. The city's current purchasing policy and procedure's must be followed for all purchases.
Objectives
By using Cal -Cards instead of other payment options we hope to:
• Reduce procurement and payment processing costs;
• Improve vendor relations by making it easier to do business with the City; • Take advantage of cost -saving opportunities by purchasing in -person or on the Internet; • Create a convenient way to quickly procure needed items.
Procedures
• The Finance Department will issue Cal -Cards as directed and approved by the department heads. The Cal -Card will have monthly limits.
• Cal -Cards will not be used to circumvent the established purchasing guidelines. • Cal -Cards may be used to pay for authorized travel expenses. All travel expenses must be in compliance with rates established by the US General Services Administration (GSA).Per Diem policy for meals must be followed and is not a proper use of Cal -cards.
• Employees will not use City Cal -Cards for personal expenses, even if the intent is to reimburse the City later. Charging personal expense on City purchase cards is a misuse of City funds and a serious breach of the City's ethics policy. Doing so may result in disciplinary action, up to and including termination and may be subject to criminal prosecution.
Cal -Card Areas of Responsibility
US Bank
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US Bank is the purchase card provider who will issue the Cal -Cards. Cardholders must sign an acknowledgement form (copy attached) accepting receipt of the Cal -Card and conditions for use, then return it to the designated Finance Department staff member.
Finance Department
The Finance Department oversees the entire Cal -Card program within the City, including the administration of new accounts, and reporting and payment processes. The Finance Department is responsible for verifying the accuracy of the Cal -Card invoice and ensuring proper accounting.
Cardholder
The person whose name is on the Cal -Card purchase card is responsible for:
• Security of the purchase card
• Appropriate use of the purchase card
• Compliance with City's Purchasing Guidelines, the Cal -Card conditions for use, and the Cal -Card Cardholder Guide
• Timely preparation and submittal of approved monthly cardholder Statement of Account to the approving manager by the 23rd of each month
Cardholders will self -register on US Bank's Access Online to track their charges throughout the month and view their statements.
Approving Manager
The cardholder's approving manager is responsible for reviewing the monthly Cal -Card statement to ensure that purchases comply with program requirements and to verify that the account coding and support documentation are appropriate prior to authorizing payment.
General Cal -Card Information
• The Cal -Card purchase card will be issued under the cardholder's name. The card has been specially designed to avoid confusion with personal credit cards. The card is for official City business and may not be used for personal purchases.
• If the Cal -Card is lost or stolen, it is the cardholder's responsibility to call US Bank immediately (24/7) to ensure that the City is not held responsible for any fraudulent charges that may occur. Do not wait until you get back to work to report a lost or stolen purchase card. Please keep the US Bank 800 number in a separate place from your purchase card so that you can readily call US Bank should the need arise.
• For lost or stolen purchase cards, call
1-800-344-5696
Outside of the United States, call collect
+1-701-461-2010
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• Monthly credit limits and single transaction limits may be established by the department head in coordination with the finance department for each cardholder. If a situation arises in which you anticipate the use of the card will exceed the maximum limit, contact your supervisor prior to using the card. Your supervisor will contact the Finance arrange for a temporary credit limit increase. • The Cal -Card program is a supplement to the City's Purchasing Guidelines. As with other procurement methods, the following conditions must be met when using the card:
• The card should be used whenever possible in lieu of petty cash or emergency check requests when the dollar amount for a single item or group of items is within the City's Purchasing Guidelines.
• Each single purchase may be comprised of multiple items, but the total transaction with a single vendor including tax cannot exceed the single -purchase dollar limit of your card. • Purchases should not be split to circumvent per -transaction and per -month credit limits. • Use of the Cal -Card is not intended to replace effective purchase planning that enables volume discounts.
• For restaurant purchases, an itemized receipt must be obtained. That receipt should show what items were purchased and the names of the people in the party. A credit card charge slip that shows only the total amount charged to the credit card for meal and tip is not acceptable. The nest of meals 0while in travel i
staff s must be within rates established by the /� GS Alcohol cannot be purchased using the Cal Card.
• Keep all your sales receipts and order confirmations so that they can be attached to the monthly cardholder Statement of Account, which is sent directly to the cardholder from US Bank or can be reviewed online at access.usbank.com.
Card Restrictions
Cal -Card can be used to purchase supplies, materials, books, subscriptions, memberships, and equipment that do not exceed the transaction limit. The card shall not be used for cash advances and services (because of the requirement to annually report payments for services provided to the IRS [1099 forms]). Examples of services would be Weed Abatement, Building Maintenance Services, Legal Services, Medical/Animal Care Service, etc.
Procedures for Cardholders
Purchase Card Receipt and Activation
Cardholder should sign the cardholder acknowledgment form that is included in the cardholder packet and return it to the Finance Department. By signing this acknowledgement form, the cardholder is accepting responsibility for the security and the appropriate use of the purchase card. Cardholder should call the number shown on the card to activate it, then set up online account to monitor transactions and statements.
Card Acceptance
Occasionally, a transaction may be declined at the merchant location. The merchant is not provided a reason via electronic terminal display. When this happens, cardholder should consider the following:
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• Has the merchant used the correct expiration date of the account? • Is the transaction amount within the single -transaction limit? • Will the transaction amount exceed the 30 -day purchase limit? The cardholder may call the toll -free customer service number on the back of the card to determine the monthly or single -transaction limit level to date or inquire about the declined transaction.
Cardholder Statement of Account
A monthly cardholder Statement of Account, which lists each transaction posted to an account during the past billing cycle, is mailed available online to each cardholder at the end of the billing cycle (11th of each month). Upon receipt of the statement, each cardholder must:
1. Review the statement for accuracy.
2. Provide an explanation for the items purchased.
3. Enter Indicate the appropriate account numbers for each transaction through US bank online.
4. Attach copies of the sales receipts to the Cal Card Statement Reconciliation Form in the order they appear on the US Bank statement downloaded or received in the mail. Attach the PDF copies of the sales receipts through US bank online.
5. Review the statement for any messages provided by US Bank or the Finance Department.
6. Sign and date the statement then promptly send the reconciled statement to the approving manager along with the CaI Carr! Statement Reconciliation—Forn�Electronically approve all properly coded and PDF receipt attachments and forward onto the approving manager through US bank online.
7. The reconciliation electronic approval of the statement must be completed and forwarded to the cardholder's approving manager by the 23rd of each month. The timeliness of the reconciliation is very important because the terms of the State of California master service agreement stipulate specific timeframes during which reversals of charges may be processed.
8. If the cardholder will not be available to sign their Statement of Account because of leave or travel, manager for review.
Disputed Item
If an item has been returned and a credit for this item does not appear on the statement within the billing cycle of the return, cardholder should complete a Cardholder Statement of Questioned Item (CSQI) form, attach the documentation showing the item was returned, and fax to US Bank at 701-461-3464 or 866- 851-7347. This form is available online. Cardholder will make a note on the receipt that the item is being disputed and include it with the monthly statement backup.
It is the responsibility of the cardholder to track disputes to resolution.
Please note that the VISA Operating Regulations and the terms of the State of California Master Service Agreement stipulate specific timeframes during which reversals of charges may be processed. CSQI forms must be forwarded to US Bank within 60 days from the date of the statement on which the transaction first appeared, to ensure compliance with these regulations and to preserve cardholder's rights to dispute the transaction.
Incorrectly Charged or Unacceptable
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If an item is incorrectly charged or the item is unacceptable, cardholder should review their receipts for the amount in question and try to resolve the problem with the merchant. If the merchant refuses to issue a credit, cardholder should complete a CSQI form, attach any pertinent documentation and fax to US Bank at 701-461-3464 or 866-851-7347.
Credits
Cardholders should review the cardholder Statement of Account for credits which correspond to previously disputed transactions, apply the appropriate account number and then forward to the approving manager for approval.
Fraud/Lost or Stolen Cards
If cardholder suspects fraudulent activity on their account, cardholder must notify US Bank at 800- 344-5696 immediately. The Finance Department and the cardholder's approving manager should also be notified. If a Cal -Card has been lost or stolen, the cardholder must immediately notify the bank and their approving manager. The approving manager should then notify the department director and the Finance Department within 24 hours.
Procedures for Approving Managers
The approving manager for a cardholder group is responsible for the following:
• Log in to US Bank Online to review r Receive—cad',�.holde acka e, inc ding the—Ga' Statemment Reconciliation Form, the US Bank Statement and all receipts from all cardholders by the 23' of each month.
• Review cardholder package to ensure that purchases are appropriate and meet City internal purchasing policies and procedures as well as verify that proper documentation is attached, and appropriate expenditure coding is used for each transaction.
• Electronically approve Sign (approve) each cardholder Cal Card Statement Reconciliation Form online through US bank by the 30th of each month.
Forward the completed cardholder statements with necessary attachments to the Finance Department by the 30th of each month. Electronic submittals are preferred. Documentation should be organized as follows: 1 -Cal Carol Statement Reconciliation Form 244 US Bank Statement, 3 All receipts. 134
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Electronic Funds Policy
Introduction
The City of Beaumont processes Electronic Funds Transfers (EFTs) as a safe and efficient method to receive electronic deposits from customers and to provide payments to vendors and employees. Two commonly used EFT methods are:
• Automated Clearing House (ACH): This is an electronic payment delivery system that processes electronic credit and debit transactions, including direct deposits, within the United States using the American Bankers Association (ABA) number. The ABA number is also known as the "check routing number" or "routing transit number" and should be used as the first identifying number for ACH transactions.
The bank account number and name assigned to the account are also required before an ACH transaction can be created and the exchange of funds processed between two parties. • Fedwire: The most costly EFT to process and uses a Real Time Gross Settlement Funds Transfer system operated by the Federal Reserve Banks. There are two Fedwire options: (1) domestic wires and (2) international wires. Each option has a different settlement time and each requires unique banking information that is dependent upon where the settlement of funds is to occur.
The procedures outlined herein are designed for all departments, employees, and vendors who receive and make electronic payments on behalf of the city. The following areas are responsible for transacting EFTs:
• Finance Department
• Administrative Services Department
All EFT's processed by the City occur using the systems listed below. •Citibank ACH: Originations used to initiate vendor, and employee ACH payments. The Tyler system will generate an electronic file and a EFT check register report that will be used to complete the ACH transmission form. The ACH transmission form will be completed by Finance Department and sent to the Administrative Services Department to generate a standard ACH transmission file. The electronic generate banking file from Tyler system is electronically transmitted to the City's banking institution, authorizing the debit and credit of funds between banks.
• Citibank Wire Transfer: The primary method used to initiate wire transfers. The on-line systems should only be used by employees with proper system credentials. The security administrators in the Finance Department shall ensure that adequate separation of duties exist in accordance with internal control standards and that the integrity of system user profiles is protected. Steps are also taken to limit the number of users who have access to create or approve wire transfers and their authorized wire amounts. 135
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In addition, Citibank controls require two separate users to complete a wire. One individual initiates and a separate individual must approve.
The Finance Department and Administrative Services Department staff who initiate or complete EFT transactions are responsible for ensuring the financial internal controls are maintained, the activity is posted timely, and operational procedures are in place to reduce the risk of loss of City funds arising from fraud, employee error, misrepresentation by third parties, or imprudent actions by City employees. The Finance department will monitor bank balances daily for unusual or unexpected transactions, reconcile bank activity to the general ledger in a timely manner, and investigate and resolve reconciling items.
Incoming EFTs:
ACH/Wire Transfers Received
Departments requesting to receive payment by ACH or wire transfer must have the customer send their company's ACH/EFT payment request form to the Finance Department.
The Finance Department will complete the form, requiring all EFT payments to be posted directly to the operating account, and will obtain the proper authorization from the Director of Finance. After the form is completed, the Accounting Tech staff member will forward the information back to the customer so the customer can initiate the EFT with their banking institution. The completed form will not be returned to the department requesting the information and departmental staff has no authority to complete the document on behalf of the City.
Outgoing EFTS:
ACH Payments to Vendors (Domestic)
A domestic vendor may receive an ACH payment by completing a VendorACH/Direct Deposit Authorization Form and by submitting a copy of a voided check. Each department will be responsible for sending out the VendorACH/Direct Deposit Authorization Form to the vendor and to then forward onto the Finance Department. The Finance Department will review the ABA number, bank account number, and name as shown on the supporting documentation. If all information on the form and the supporting documentation is correct the data is then recorded in the Vendor Profile in Tyler Systems under Payment Terms by Accounts Payable. The banking information set up in Tyler Systems is then reviewed by the Senior Accountant for account accuracy. The supporting documentation is then filed and stored on the finance share drive. Any subsequent requests to change vendor banking information will be confirmed directly via phone with the vendor completing a new VendorACH/Direct Deposit Authorization Form by each department and then forwarded onto the Finance Department.
ACH overpayments require notification to Citibank within five days of the payment to ensure funds are returned. A Citibank ACH/Reversal/Deletion Request form will be completed by Finance Department or Administrative Services Director. The form is then sent to the Finance Department for approval and faxed to Citibank's ACH services section to reverse the overpayment. The Finance Department verifies the reversal occurs and the funds are deposited into the operating account the following business day. 136
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Certain vendors have been given authority, with maximum withdrawal limitations, to initiate ACH payments (i.e. the Internal Revenue Service for payroll taxes). The establishment, approval and exception review of these payments occur through the Citibank system. The Finance Department monitors daily to ensure the banking activity has been posted into the City's Financials system and validated.
Accounts payable processes all vendor payments according to the pay cycle schedule and generates a check/ACH register. All ACH direct deposit payments have file detail and total amounts submitted to the bank for processing and the Finance Department verifies that the totals submitted to the bank have been received and posted by the bank for processing.
Fedwire Payments to Vendors (Domestic or International) In cases where immediate payment is needed, a vendor may be paid by domestic or international wire.
I. Domestic wires. If a domestic vendor requests payment via a Fedwire, the following steps are required for the EFT to occur:
a) The department requesting the vendor payment will forward an invoice from the vendor containing the vendor's wire information, or an authorized letter. This information is forwarded to Accounts payable for review and to ensure the vendor is established in the Tyler vendor system. b) The Transfer Request form, back-up wire information, invoice or other supporting documents will be forwarded to those authorized in Finance Department to initiate wires. The bank and invoice information must be verified and if there is an inconsistency with the information provided, the wire initiator will contact the initiating department to obtain additional or corrected information.
If all information agrees with the documentation, the wire will be requested in Citibank by the Administrative Services Director.
c) The form and all documentation will be forwarded to an appropriate staff member for secondary approval. The pending wire information is reviewed online against the back-up documentation. If there is an error, the wire will be rejected online and the wire initiator will make any necessary corrections to the data. If all information is correct, the wire will be approved. The payment approval confirmation will be attached to the documentation for future reference. The form and all documentation will be forwarded to a Senior Accountant for entry into the Tyler System.
II . Establishing a wire template. The City may establish a wire template for wires that will be completed on a regular basis for items such as investments or regularly scheduled payments. a) The wire template is established by the wire initiator and approved by an appropriate staff member using banking information provided on signed company letterhead or an invoice.
Employee Direct Deposits
Direct Deposit is an encouraged condition of employment at the City. If for some reason an employee cannot or does not want to participate in direct deposit, they must request in writing to the Human Resources Department to be exempt from participating in direct deposit. Approval to NOT participate in direct deposit must be granted by the Human Services Department.
Checking and savings accounts are generally the only types of accounts that can be used for direct deposit. Although the City policy states that funds cannot be sent to a money market account, the system has allowed money market accounts when the account sequence is similar to that of a checking or savings account.
Employees should take the following steps to establish direct deposit when first hired:
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1) Submit a Direct Deposit Authorization form to the Human Resources Department. 2) This form must contain account documentation in order to assure proper setup. Account documentation may include a "VOIDED" check (for checking accounts) or a bank notification stating the bank's transit and routing number in addition to the employee's account number (for saving accounts). Using this form, employees have the option to have their paycheck sent to 1, 2 or 3 bank accounts. 3) Account documentation is reviewed to assure the information does not appear altered or manipulated in any way. If evidence of such is present, the employee will be contacted to verify the information. In addition, if a void check which does not contain the employee's name is submitted, the employee will be contacted to verify the information. The outcome of these communications will be documented on the direct deposit form. Suspicious or fraudulent situations should be routed to the attention of Humans Resources Department.
Direct deposit information can be edited through Paychex Tyler Incode. The same restrictions on bank account types apply, but there is no limit on the number of accounts to which direct deposit can be distributed when updating directly into Paychex Tyler Incode.
After the input has been completed and saved in Paychex Tyler Incode, the Human Resources Department processor will initial and date the Direct Deposit Authorization Form. The initialed form is given to the payroll coordinator for review to ensure the saved name, routing, and bank account numbers all agree with the "VOIDED" check or a bank notification stating the bank's transit and routing number in addition to the employee's account number. More detailed instructions and screen prints are maintained in Human Resources for review.
When Fraud is Identified
Banking Fraud can occur in various forms. When Fraud is discovered in the EFT procedure, the Fraud must be reported to the Director of Finance immediately (in absence of the Finance Director, the Senior Accountant must be notified). The Finance Director must notify the City Manager and Finance Committee Department Chair of the possible fraud as soon as possible after it is detected. Steps will be taken with Citibank to mitigate the fraud.
Banking Definitions
Automated Clearing House (ACH). An electronic payment delivery system which allows payment or collection of funds electronically through a financial network occurring within the United States. ACH processes large volumes of credit and debit transactions in batches.
American Bankers Association (ABA) Number. The ABA number is the nine (9) digit bank code assigned to financial institutions by the American Bankers Association (ABA) to identify the financial institution upon which a payment is drawn and submitted to within the United States. The ABA number is also known as the "check routing number" or "routing transit number. The ABA number may differ depending on where an account is opened and the type of transaction that is being processed (checks, domestic wires or ACH's).
Bank Account. A financial account recording the financial transactions between the customer and their bank and the resulting financial position of the customer with the bank and that is primarily used for processing checks, domestic wires and EFT ACHs.
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Direct Deposit. An electronic method of payment in which money is transferred to the payee's account without the use of checks, processed through the ACH payment system.
Fedwire. (A.k.a. Wire Transfer -Domestic or International). The Real Time Gross Settlement Funds Transfer system operated by the Federal Reserve Banks that enables financial institutions to electronically transfer funds to each other. Messages are transferred requesting debits and credits to correspondent accounts (in addition to other types of accounts). Actual settlements occur through Fedwire, CHIPS, correspondent accounts or other means. Domestic wires settle the same day and International wires can take up to two days to settle if foreign currency exchange is involved. The system is reliable and secure and is more costly compared to transactions involving checks or ACH.
Policy and Procedure Management
The Finance Department may modify these directives and procedures from time to time as required, provided that all modifications are consistent with California statutes, federal laws and banking rules and regulations.
This policy will be reviewed annually for changes or updates. 139
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Deposit -Based Funds Policy
Purpose
For transparency purposes, the receipt and draw down of deposit -based funds must follow a standard system of entry, tracking and reporting with documentation to support the use of funds. The EnerGov system is used by the Community Development and Public Works Departments for project management.
This system allows for the input, receipt and tracking of all deposit related funds and activities. The EnerGov system can also produce project specific reports showing itemized deposit usage which can be utilized internally by staff or provided to the applicant to show how a deposit has been drawn down and the remaining deposit balance.
Below are the recommended project deposit policy and procedures:
Policy
The fee schedule reflects the minimum initial deposit required per application. It is not reflective of the entire cost of project review and processing. If no amount is specified, the initial deposit is the Department's initial estimate of the actual cost of the service or process.
The initial minimum deposit for each application must be received prior to staff beginning review of a project.
Once a deposit balance is drawn down to 20% remaining, a request for an additional deposit shall be made. Notice of any required additional deposit shall be mailed (including e-mail) to the applicant. The notice shall include the date by which the deposit must be made.
Processing of projects with less than a 10% balance shall stop until a new deposit is received if additional funds will be required to complete a project. If no additional funds will be required, the work may proceed until funds are exhausted or project is completed.
Within 10 calendar days of receipt of the full accounting of the application costs or a request for additional deposits, the applicant may request a review of the matter by the Department Director, who shall review the cost of processing the application. The Director will determine that the costs were or were not appropriate and may then reduce the costs charged. The Director shall, in writing, notify the 140
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appealing person of the decision. Work on any application may continue during any appeal process provided there are sufficient funds on deposit.
The developer or project proponent may request a refund of any remaining deposit no sooner than 60 days after final closure of a project. Within 120 days of the final closure of any deposit -based fee case, Department staff will process a refund (if applicable) through regular Accounts Payable protocols.
If any portion of the application fees has been paid by a City Department to another jurisdiction, agency, or department for the performance of services related to the application, the Department will not refund any such portion of fees until the other jurisdiction, agency or department authorizes the Department to do so. In the absence of such authorization, it will be the applicant's responsibility to contact the other jurisdiction, agency, or department for a refund of the fees paid to it.
Procedures
Funds received for a project shall be receipted and input into the EnerGov system within 3 business days of receipt.
Deposit balance shall be checked daily or prior to working on a project. All deposit accounts shall be reviewed monthly with Finance records.
Time worked on a project shall be entered daily and billed in 15 -minute increments.
Consultant or outside services fees paid by an applicant shall be entered into EnerGov and billed against the deposit as invoices are received.
Department staff shall develop a tracking table for deposit progress to track time spent and estimated time remaining.
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BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE May 16, 2023
SUBJECT: Declaration of Surplus Property
Description Surplus property identified and requesting disposal thereof.
Background and Analysis:
The Beaumont Municipal Code Chapter 3.03.010 specifically states, in part, that the duties of staff include the disposition of personal property in any lawful manner provided that the disposition is for the common benefit of the City's residents and that a formal declaration shall not be required.
Attached is a current list of equipment and items that have exhausted their lifespan and usefulness.
Disposal of surplus property will be made in the most economical and practical manner available, including, if required, the use of appropriate hazardous waste handlers.
Fiscal Impact:
Funds received from auction of equipment and/ or items will be deposited into its respective funds. The estimated cost to prepare this report is $150.
Recommended Action:
Approve disposal and/ or auction of identified City surplus property.
Attachments:
A. Surplus Report
Dept.
Quantity
Unit #
VIN/Serial #
Year
Make
Model
Description
License
Plate
Grounds
1 713
1NGAAO725N567012
2005
Nissan
Titan
Grey Ex Cab
131834
Grounds
1 3423
1FTSX20Y98EA18632
2008
Ford
F-250
White Truck 8' Bed
1265731
Grounds
1 3424
1FTSX20Y08EA18633
2008
Ford
F-250
White Truck 8' Bed
1054818
Grounds
1 4
16VAX101450A5
YellowTrailer
1171729
Grounds
1 502128001 1746
2018
Ice 0 Matic
0400HAZ
Ice Machine CY
Grounds
1 SA33380
Max X Ice
MIM250
Ice Machine PD
Grounds
1 Gansow
CT40
Floor Machine
Grounds
1 Gansow
CT40
Floor Machine
PD
1 Z16
1FM5K8ARXFGA46071
2015
Ford
Interceptor
SUV
1426430
Comm Services
1 901
2A8HR54159R513992
2008
Chrysler
Town & Country
Mini Van
1326058
BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE May 16, 2023
SUBJECT: Washington D.C. Visit Summary
Description Summary of City legislative visit to Washington D.C.
Background and Analysis:
April 24, 2023, through April 28, 2023, Mayor Pro Temp Fenn, Council Member Lara, Council Member Voigt, Public Works Director Hart, Deputy City Manager Taylor and City Manager Gibbs made a trip to Washington D.C. in an effort to meet with legislators and federal departments to discuss City and regional issues, and the need for support and funding. The information below is a summary of the meetings held.
Monday, April 24, 2023, and Friday, April 28, 2023, were travel days. Meetings were held Tuesday — Thursday as described below:
Tuesday, April 25, 2023:
Federal Rail Administration (FRA): City met with the Intergovernmental Affairs staff from FRA regarding ongoing issues the City has been experiencing with UPRR and the at -grade crossings at Pennsylvania Avenue and California Avenue. City Manager Gibbs provided a briefing on the June rail crossing blockage incident. FRA staff provided the City with information on a pilot program for improving safety and reducing incidents at at -grade crossings. The FRA staff also provided information on the Railroad Crossing Elimination Program (RCEP) which provides funding for planning and construction for elimination of at -grade crossings. The RCEP funding capability is ±$500M per year for the next 5 years, with the next Notice of Funding Opportunity (NFO) expected to be released in the Fall of 2023. The City was informed of the FRA's Corridor Identification and Development Program (Corridor ID) which may be a potential funding source for RCTC's proposed Coachella Valley - San Gorgonio Rail Service. City staff also received FRA Portal information for reporting incidents. Reports submitted through the portal is retained and can be used to justify the need for at -grade crossing elimination funding.
Federal Department of Transportation (DOT): City delegation met with Intergovernmental Affairs staff from DOT. Public Works Director Hart provided an overview of the Pennsylvania Avenue widening project, Second Street extension project and the Potrero Ramps project. City Manager Gibbs provided an overview and map of the Pass Area Mobility projects. She explained how the projects identified in the plan are of regional significance and the cities of Beaumont, Calimesa and Banning are working together to address regional issues but are in need of support both politically and financially at the federal level to make progress. The City received information on financial resources and programs which could be of assistance to the City and the Pass Area, and emphasized the benefit of projects which benefit underserved communities and workforces via the Neighborhood Access and Equity Grant Program.
Senator Padilla: City delegation met with Senator Padilla's staff to discuss a number of ongoing issues in the City as well as in the Pass Area. City Manager Gibbs provided an overview of the UPRR incident, and Public Works Director Hart provided information on the transportation projects of local and regional significance. Senator Padilla's staff advised the City that they would be supportive of future funding requests and grant applications and would provide letters of support when requested to do so. Senator Padilla's staff requested supportive files for future project requests, emphasizing the importance of portraying a regional benefit.
Environmental Protection Agency (EPA): City met with staff from EPA to learn about a variety of resources for water and wastewater projects. EPA staff provided the City information about the Water Infrastructure Financing Innovation Act (WIFIA) which can be used for water, wastewater or sewer infrastructure projects. This program provides loans ranging from 0% to low percentage fixed interest rates and provides more flexibility than issuing general obligation bonds. The City also heard from EPA staff in Region 9 about the State Revolving Fund program (SRF) and the Targeted Brownfield assessment program.
Wednesday, April 26, 2023:
Federal Economic Development Agency (EDA): The City delegation met with a representative from the EDA to talk about revitalization of downtown Beaumont and other industry within the City. Deputy City Manager Taylor gave an overview of the Downtown Beaumont Revitalization Plan underway and some of the issues the City is currently working to address in downtown. EDA staff advised the City there are resources available for water, sewer, street and other infrastructure projects if it can be tied to job growth. Another significant amount of information was provided to the City regarding development of a Comprehensive Economic Development Strategy (CEDS). a CEDS is a prerequisite for designation by EDA as an Economic Development District and for qualification to participate in the Public Works and Economic Adjustment Assistance programs.
National Endowment for the Arts (NEA): NEA staff met with the City to discuss available grants for culture and arts. Emphasis was placed on partnerships and project - based funding, particularly with non-profit partners. Applications are accepted from all disciplines and the initial deadline is July 6, 2023, with subsequent deadlines in 2024.
NEA historically funds 505-60% of all applications submitted. NEA staff encouraged the City to explore equity and inclusion projects and their mandate is to strengthen communities.
Department of the Interior - Bureau of Reclamation (BoR): BoR staff met with the City to discuss water related issues such as wastewater and recycled water. Public Works Director Hart gave an overview of the wastewater treatment plant project including the RO system and the City production of recycled water. City staff learned about the WaterSmart grant program and the Title 16 requirements. Since the Washington D.C. visit, City staff has met with BoR staff from the regional office serving Beaumont to further discuss the City's needs and BoR resources.
Senator Feinstein: Meeting cancelled due to COVID in the Senator's office.
Thursday, April 27, 2023:
Department of Justice - Community Oriented Policing Services (COPS): City delegation met with the Director and staff from the COPS program. The City currently receives funding through the COPS program and was able to thank the Director and staff for their ongoing support of the City's police department. COPS staff provided additional information to the City on resources opportunities to receive funding support for things such as target hardening, mental health services, crisis intervention and de- escalation training.
United States Department of Labor (DoL): City delegation met with representatives from Intergovernmental Affairs, the Division of Youth Services, and the Office of Apprenticeship. DoL staff informed the City of apprenticeship programs they support, including pre -apprenticeship (Middle School/High School focus) and apprenticeship (Ages 16-24 focus). Staff also identified existing local apprenticeships they have supported in which the City may become potential partners, including Riverside Community College and University of California Riverside.
Congressman Ruiz: City delegation met with Congressman Ruiz to discuss a number of ongoing issues in the City as well as in the Pass Area. City Manager Gibbs provided an overview of the UPRR incident, Public Works Director Hart provided information on the transportation projects of local and regional significance. Congressman Ruiz advised the City he has submitted the Second Street Extension project for community
benefit funding in the amount of one million dollars. The City delegation thanks the Congressman and his staff for their ongoing support of and attention to the City.
Congressman Calvert: City Manager Gibbs and Deputy City Manager Taylor met briefly with Congressman Calvert's staff to discuss transportation issues in the Pass Area. City Manager Gibbs provided the Congressman's staff with the Pass Area Mobility Projects map as well as information on City of Beaumont projects of regional significance to the Congressman's district.
Fiscal Impact:
The cost to prepare this staff report is estimated at $430.
Recommended Action:
Receive and file.
BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Sean Thuilliez, Chief of Police
DATE May 16, 2023
SUBJECT: Approval of the FY 2023/24 Local Responsibility Area Wildland Protection Reimbursement Agreement
Description Request to approve the FY 2023/24 Local Responsibility Area Wildland Protection Reimbursement Agreement with CAL FIRE.
Background and Analysis:
The City currently contracts with the California Department of Forestry and Fire Protection (CaIFIRE) for fire protection of 1,173 acres of designated wildland area that is within the boundaries of the City. Wildland areas that are within incorporated cities, fire protection districts, and special districts with fire suppression responsibility are referred to as Local Responsibility Areas (LRA). All fire suppression activities and responsibilities within LRA wildland areas are the responsibility of the local agency. The current contract with CaIFIRE expires on June 30, 2023.
Wildland fires within the areas incorporated within the City are frequent. Wildland fires are considered one of the highest natural disaster risks that the City faces. The City is in an extremely wind prone area and it is not uncommon for fires to grow beyond the local capability of the resources assigned to protect the City. When a wildland fire grows beyond the ability and capability of local resources, assistance is requested from CaIFIRE to provide wildland engine companies, inmate hand crews, bulldozers and aircraft.
Without an agreement for protection of wildlands within an LRA between the City and the State of California, these resources are then considered assistance -by -hire and the City is liable for the cost from the time of dispatch.
Within the City there are 1,173 acres designated as wildlands subject to the LRA designation. To reduce the City's liability for the cost of wildland fire suppression in the LRA area, the City can enter into a Local Responsibility Area Wildland Fire Protection Agreement (Agreement) with CaIFIRE, for protection of wildlands within the City.
This Agreement will provide state resources to control a wildland fire at no additional cost to the city. CaIFIRE will provide fire protection to the LRA as if they were still the sole agency with fire suppression responsibility. This Agreement will provide unlimited use of state engine companies, inmate hand crews, bulldozers and aircraft to supplement the daily level of fire protection provided to the City by the County of Riverside.
Fiscal Impact:
The cost to enter into the Agreement with CAL FIRE is $36.45 per acre plus a 12.01% administrative charge. The total annual cost for the 1,173 acres covered is $47,890.93 and will be programmed in the Fire department FY24 budget 100-2100-7068-0000.
The estimated cost to prepare this staff report was $200.00.
Recommended Action:
Waive the full reading and adopt by title only, "A Resolution of the City Council of the City of Beaumont, California, Approving an Agreement with the California Department of Forestry and Fire Protection for Services from July 1, 2023 through June 30, 2024 for Fire Protection Services within the Local Responsibility Areas within the City," and Approval of the FY 2023/24 agreement with CAL FIRE for fire protection services within the Local Responsibility Areas within the City in the amount of $47,890.93.
Attachments:
A. LRA Wildland Protection Agreement
B. Resolution for wildland protection services from CAL FIRE C. Map identifying contract area and subsequent Mutual Threat Zone
STATE OF CALIFORNIA
COOPERATIVE FIRE PROGRAMS
LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION
REIMBURSEMENT AGREEMENT
LG-W REV 1/2023
AGREEMENT NUMBER
3CA06289
REGISTRATION NUMBER:
1. This Agreement is entered into between the State Agency and the Local Agency named below:
STATE AGENCY'S NAME
California Department of Forestry and Fire Protection — (CAL FIRE)
LOCAL AGENCY'S NAME
City of Beaumont
2. The term of this Agreement is:
07/01/2023 through 06/30/2024
3. The maximum amount of this Agreement is:
$ 47,890.83
Forty seven thousand, eight hundred ninety dollars and eighty three cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.
Exhibit A — Scope of Work — Includes page 2 (contact page) in count for Exhibit A 2 pages Exhibit B — Budget Detail and Payment Provisions 2 pages Exhibit C*— General Terms and Conditions; DGS GTC Version: 04/2017 0 pages Exhibit D — Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E — Additional Provisions 12 pages
*Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto.
General Terms and Conditions can be viewed at: http://www.dgs.ca.gov/ols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
LOCAL AGENCY
LOCAL AGENCY'S NAME
City of Beaumont
BY (Authorized Signature)
.e5
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Elizabeth Gibbs - City Manager
ADDRESS
550 East 6th St. Beaumont, CA 92223
STATE OF CALIFORNIA
AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature)
.eS
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Matthew Sully, Assistant Deputy Director, Cooperative Fire ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
California Department of General
Services Use Only
Contractor Name: City of Beaumont
Contract No: 3CA06289
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EXHIBIT A
COOPERATIVE FIRE PROGRAMS
AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA
1. The project representatives during the term of this Agreement will be:
CAL FIRE Unit Chief:
Name:
Phone:
Fax:
Riverside Unit
Bill Weiser
951-940-6901
951-940-6910
Local Agency:
Name:
Phone:
Fax:
City of Beaumont
Elizabeth Gibbs
951-769-8520
951-769-8526
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:
CAL FIRE Unit Chief:
Section/Unit:
Attention:
Address:
Phone:
Bill Weiser
Riverside Unit
Scott Lane
210 W.San Jacinto Av.
Perris, CA 92570
951-940-6900
Fax: 951-940-6910
Send an additional copy of all correspondence to:
Local Agency:
Section/Unit:
Attention:
Address:
Phone:
City of Beau,omt
City Manager
Elizabeth Gibbs
550 E. 6th St.
Beaumont, CA 92223
951-769-8526
Fax: 951-769-8526
CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460
2. AUTHORIZATION
This Agreement is entered into this 1st day of July, 2023, by and between the State of California, hereinafter called STATE and City of Beaumont, County of Riverside, State of California, hereinafter called Local Agency through its duly authorized officers. As used herein, Director shall mean Director of the California Department of Forestry and Fire Protection (CAL FIRE). Where the standard clauses for example in Exhibit C, use the word "Contractor" that word shall mean LOCAL AGENCY as LOCAL AGENCY is used in this Agreement.
Section 4142 of the Public Resources Code provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection.
3. SCOPE OF WORK
LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 1173 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area.
STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas.
Contractor Name: City of Beaumont
Contract No: 3CA06289
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4. SERVICES BY STATE
A. STATE shall provide wildland fire protection for the areas defined in the above section.
B. For those areas, which are adjacent to State Responsibility Area, STATE will provide wildland fire protection at the same level of service it now provides on adjacent State Responsibility Area.
C. For those areas (islands), which are not adjacent to State Responsibility Area, the wildland fire protection provided by the STATE will be limited to those resources identified in the preplanned wildland response for the respective area. Any resources beyond those specified in the preplanned wildland response are assistance by hire and the financial responsibility of the LOCAL AGENCY.
5. ADMINISTRATION
A. LOCAL AGENCY agrees that STATE may dispatch fire protection resources available under this Agreement to other areas of the state when needed at the sole discretion of STATE.
B. STATE response will be subject to availability of resources.
C. Incident Management within the contract area shall conform to current Incident Command System criteria for Unified Command.
D. STATE and LOCAL AGENCY shall, through established dispatch procedures, immediately notify each other of any fire incident within the contract area.
6. MUTUAL AID
LOCAL AGENCY shall provide mutual aid response into the contract area for wildfires. Structural fire protection remains the jurisdictional and financial responsibility of LOCAL AGENCY.
7. ENTIRE AGREEMENT
This Agreement contains the whole Agreement between the parties. It cancels and supersedes any previous Agreement for the same or similar services.
Contractor Name: City of Beaumont
Contract No: 3CA06289
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EXHIBIT B
BUDGET DETAIL, INVOICING, PAYMENT AND RECONCILIATION
1. Invoicing and Payment:
A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of 36.45 per acre, plus an 12.01 % administrative charge for a total of $47,890.93 upon presentation of an invoice by STATE. The rate per acre and administrative charge will be calculated by STATE prior to January 1, of each year and annually thereafter, for the succeeding fiscal year subject to approval by LOCAL AGENCY. This Agreement shall be amended each fiscal year to reflect new rates.
B. STATE shall provide thirty (30) day written notice to LOCAL AGENCY of the cost per acre and the administrative charge to be assessed for each subsequent fiscal year during the term of this Agreement; LOCAL AGENCY shall have thirty (30) days to approve said rate; if written approval is not received by STATE within said period, STATE's obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts due up to and including the date of such termination.
C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.
2. Budget Contingency Clause
A. If the LOCAL AGENCY's governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.
B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein
C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.
Contractor Name: City of Beaumont
Contract No: 3CA06289
-5-
D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.
E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.
F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.
Contractor Name: City of Beaumont
Contract No: 3CA06289
-6-
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. Cancellation
Failure of either party to meet any of the terms and conditions of this Agreement, including non- payment of monies due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day notice of cancellation.
2. Audit
If the Agreement is over $10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the Agreement. Examination and audit shall be confined to those matters connected with performance of the Agreement including, but not limited to, cost of administering the Agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon Agreement or understanding.
3. Operating Plan
Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan.
4. Extension of Agreement
Unless there is written notice by LOCAL AGENCY to terminate this Agreement STATE shall extend this Agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new Agreement been entered into.
5. Modification
This Agreement may be amended at any time by written mutual consent of the parties hereto.
6. Indemnification
Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party.
Contractor Name: City of Beaumont
Contract No: 3CA06289
-7-
EXHIBIT E
ADDITIONAL PROVISIONS
Attachments
® Budget Plan
® Topographic Map
® Operating Plan
❑ Annual Report
Contract Name: City of Beaumont
Contract #: 3CA06289
Page #:
LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #) 39016
THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA (LRA)
WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE
STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY & FIRE PROTECTION (CAL FIRE) AND THE CITY/TOWN OF Beaumont A LOCAL AGENCY
FOR THE 2023/2024 FISCAL YEAR
AGREEMENT COST CALCULATIONS:
Number of Acres 1173
General Fund Reimbursement $ 16.33
Unit Budget $ 20.12
$ 19,155.09
$ 23,600.76
Sub -Total
Admin Rate
12.01%
$ 42,755.85
$ 5,134.98
Total Protection Cost
Comments Section:
$ 47,890.83
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any direct, spedal, incidental or consequential damages with respect to any claim by any user or third party on account of or arising from the use of data or maps.
City of Beaumont
Contract Number 3CA06289
Page110
BEAUMONT
Wildland Operating Plan
Between
The City of Beaumont
and
CAL FIRE/Riverside Unit.
City of Beaumont
Contract Number 3CA06289
P ag e 111
OPERATING PLAN
Table of Contents
Page
1. Overview 02
2. Authority 02
3. Purpose 02
4. Definitions & Restrictions 02
5. Procedures 02
6. Administration 04
7. Fire Prevention 04
8. Approval 07
APPENDIX
Preplanned Initial Attack Response — Riverside Ranger Unit E-1
City of Beaumont
Contract Number 3CA06289
P ag e 112
OPERATING PLAN
1. OVERVIEW
This Operating Plan, hereinafter referred to as PLAN, is between the California Department of Forestry & Fire Protection, Riverside Unit, hereinafter referred to as CAL FIRE and the City of Beaumont, Beaumont Fire Depai tinent, hereinafter referred to as CITY. It has been developed to specifically address the Agreement for Protection of Wildlands within a Local Agency, hereinafter referred to as AGREEMENT, between CAL FIRE and CITY for wildland fire protection within the city limits.
2. AUTHORITY
The PLAN is required of both CAL FIRE and CITY as part of the AGREEMENT dated July 1, 2013.
3. PURPOSE
This PLAN will provide the Unit Chief of CAL FIRE and the CITY a means for executing the AGREEMENT and is hereby attached as Exhibit E with appendices E-1 to that AGREEMENT.
4. DEFINITIONS AND RESTRICTIONS
See AGREEMENT for definitions and descriptions of general terms. This PLAN does not allow either agency to operate outside the limitations in the AGREEMENT.
5. PROCEDURES
A. Fire Reporting/Reports-When CITY receives a report of a wildfire within the area of the AGREEMENT, it shall promptly notify the Riverside Unit Emergency Command Center (ECC). Each agency will process their appropriate reports and make the information available, upon request of the other agency, in no more than 60 days.
B. Incident Management -The Incident Command System (ICS) will be used to manage wildfires within the area of the AGREEMENT. Unified Command will be implemented with a CAL FIRE representative and a CITY representative.
City of Beaumont
Contract Number 3CA06289
Page113
C. Fires within the area of the AGREEMENT -Each agency will maintain a preplanned initial attack response (PIAR) for fires within the area of the AGREEMENT. See Appendices E-1. Immediate cooperation between agency dispatch centers will occur to ensure prompt response of appropriate resources into the area of the fire. CAL FIRE resources will be ordered according to the terms of the AGREEMENT through the ECC. Any augmentation of the preplanned response, with CAL FIRE resources, shall be authorized by a CAL FIRE Incident Commander or Agency Representative.
Augmentation of the preplanned response may require a post incident audit. The audit will seek to demonstrate that adjacent CAL FIRE Direct Protection Areas (DPA's) were threatened, or that the augmentation was justified on a cost efficiency basis. Local government and private resources will be ordered through the CITY dispatch center (DISPATCH) to ensure proper utilization of the Master Mutual Aid Agreement.
D. Mutual Aid -All initial attack resources will be considered mutual aid for the purpose of this AGREEMENT.
E. Initial Attack -Initial attack resources will always be based on the closest resources concept identified in the PIAR. See Appendices E-1.
F. Move -Up & Cover -Station coverage will be exchanged between both agencies when appropriate. To prevent long-term coverage problems to either agency, the covering agency's engines will be replaced with the covered agency's resources as soon as it is practical to do so.
G. Fire Information: Unified Command -
1. Both agencies will enter into a unified command structure to manage the incident by establishing a common set of incident objectives and strategies.
This will be accomplished without losing or abdicating agency authority, responsibility or accountability. A Unified Ordering Point will be identified and established.
2. Representatives of both agencies will meet as needed to discuss procedures governing and locations of potential Information Centers. Both agencies will strive to maintain a roster of certified Public Information Officers for use during emergencies.
3. The Unified Command will determine which agency will provide the Lead Information Officer. Normally, it will be the agency with the greatest commitment of resources on the incident.
City of Beaumont
Contract Number 3CA06289
Page114
H. Representatives of CAL FIRE and CITY, of the rank of Battalion Chief or higher, may order resources directly from the ECC or DISPATCH when an immediate need arises.
These resources may include engines, fire crews and bulldozers in accordance with the AGREEMENT. Resources sent in response to these requests will conform to the closet resources concept
6. ADMINISTRATION
The CAL FIRE Unit Chief and the CITY Fire Chief, or their designees, along with representatives from the CAL FIRE ECC and CITY DISPATCH will meet annually to discuss, review, and update the following items; procedures for reporting fires, procedures to dispatch resources to fires within the area of the AGREEMENT, procedures to dispatch resources to fires along the boundaries of the area of the AGREEMENT, and exchange general or specific information which may affect the other agency.
7. FIRE PREVENTION
A. POLICY
All fire prevention activities conducted on lands within the area of the AGREEMENT will be consistent with both agencies guidelines. CAL FIRE and CITY will be expected to conduct a year-round, aggressive fire prevention program using guidelines within CAL FIRE Handbook 9000 and CITY Fire Prevention Guidelines. This will include, but is not limited to, annual analysis and planning sessions to generate an active fire prevention plan.
1. Public Information Program -This will include all types of fire prevention news releases through the available media. Other methods will include public meetings, fairs, rodeos, parades, services clubs and a regular schedule of school programs for all grades.
2. Protection/Planning Issues -Although the responsibility for enforcing fire safe ordinances pertaining to improvements in wildland areas within the city limits is the responsibility of CITY, a CAL FIRE representative will be available upon request to comment on these issues and assist in the enforcement of related ordinances.
3. Hazard Reduction Inspections
a. Home Inspection — CAL FIRE will work directly with CITY to enforce Public Resources Code (PRC) Sections 4291, 4446, 4442, 4123, or the Uniform Fire Code sections when applicable.
b. Power line Inspections — CAL FIRE will work directly with CITY inspecting power lines over 750 volts, using PRC 4292 and 4293 as a guide.
City of Beaumont
Contract Number 3CA06289
B. RESPONSIBILITY
CAL FIRE and CITY personnel will, in the performance of their duties, give full consideration to the prevention of fires and public education. Both agencies will allow staff to establish attainable fire prevention goals.
C. EXISTING AND PROJECTED DEMAND
Fire Prevention and suppression are the primary roles for both agencies. If the demand for services increases in the future, both agencies will develop more intensive programs. Fire protection and prevention will be influenced by the following factors:
1. Increased recreational use.
2. Increased residential and commercial development.
3. Increased utilization of vacation residences.
4. Industrial activity.
D. OBJECTIVES
The primary objective of the fire prevention plan is the reduction of fire suppression expenditures and damages from human -caused fires. The secondary objective is a current and comprehensive public education program for fire safety awareness and code enforcement.
E. RECOMMENDED ACTIONS
Both agencies will actively pursue public awareness programs through the following:
1. Public Education
a. School programs, ages K-12
b. Roadside sign program
c. Timely newspaper articles concerning fire awareness
d. Attendance at various local events which lend themselves to fire prevention displays.
City of Beaumont
Contract Number 3CA06289
Page116
2. Code Enforcement
a. Active PRC 4291 home inspection program in target areas. b. Enforcement of the Fire Safe Ordinances as they apply to construction in watershed areas. CAL FIRE will take an advisory role with the CITY Fire Marshal within the areas of the AGREEMENT.
F. FUEL MODIFICATION
Both agencies will continue to encourage individual property owners and property owner associations to establish and maintain a healthy fuel complex through the following:
1. Prescribed burning through available programs.
2. Forest practice inspections.
3. Fuel modification using mechanized systems, fire crews, and local resources.
4. Biomass programs to control stems per acre, and remove dead and down materials.
G. BURNING PERMITS
Burning permits will be required in the city limits consistent with those guidelines established in adjacent areas. This will provide consistency in the burn hours and any controls needed for the overall program.
1. Burning Permit Issuance
The CITY has the responsibility of issuing burn permits within the city limits and the area of the AGREEMENT. Both agencies will agree to and establish burn permit guidelines by April 1 of each year. The guidelines will follow those established by CAL FIRE to ensure consistency in the burn programs in both the CITY and areas adjacent to CAL FIRE.
2. Suspension of Permit Procedures
The suspension of burning permits in the area of the AGREEMENT will be directly related to the burning permit suspension procedures outside the area of the AGREEMENT to ensure area -wide consistency. Suspensions will be based on input from CAL FIRE and CITY.
City of Beaumont
Contract Number 3CA06289
Page117
H. MONITORING AND EVALUATION
Periodic monitoring and evaluation of the PLAN will provide the opportunity to make orderly and timely amendments and revisions of the PLAN. Monitoring will determine if the:
1. PLAN is being followed.
2. PLAN objectives are being met.
3. PLAN is achieving desired results.
8. APPROVAL:
This PLAN is approved and authorized as Exhibit B Attachment 3 of the AGREEMENT between CAL FIRE and CITY:
FOR CAL FIRE: FOR CITY:
California Department of Forestry
& Fire Protection
Riverside Unit
210 W. San Jacinto Ave
Perris, CA 92570
City of Beaumont
550 East 6th Street
Beaumont CA. 92223
Bill Weiser, Unit Chief Elizabeth Gibbs, City Manager
STANDARD RESPONSE PLAN FOR VEGETATION FIRES E-1
CALFIRE RRU AND CITY OF BEAUMONT
City of Beaumont
3CA06289
PG.18
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, APPROVING AN AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION FOR SERVICES FROM JULY 1, 2023, THROUGH JUNE 30, 2024 FOR FIRE PROTECTION
SERVICES WITHIN THE LOCAL RESPONSIBILITY AREAS WITHIN THE CITY.
WHEREAS, City of Beaumont was incorporated in 1912, as a general law City of the State of California; and
WHEREAS, the City has fire protection responsibility for certain wildlands areas within the city designated as Local Responsibility Areas (LRA); and WHEREAS, the City Council desires to enter into an agreement with the State of California for fire protection services within the LRA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Beaumont that:
Section 1. that the City Council of the City of Beaumont does hereby approve the agreement with the California Department of Forestry and Fire Protection (CAL FIRE) from July 1, 2023, to June 30, 2024;
Section 2. that the City Manager of the City of Beaumont is hereby authorized to sign and execute said agreement on behalf of the City of Beaumont Section 3. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this resolution is, for any reason, held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution and each section, subsection, subdivision, sentence, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, words, or portions thereof be declared invalid.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 16th day of May, 2023, by the following roll call vote:
AYES
NOES
ABSENT
ABSTAIN
Julio Martinez, Mayor
ATTEST:
(SEAL)
Nicole Wheelwright, Deputy City Clerk
APPROVED AS TO FORM:
John Pinkney, City Attorney
Beaumont Wildland and SRA (1 Mile Buffer) Area Map
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- Wildland (Total Area : 8868.76 Ac re s)
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Wildlan d Area within SRA 1 Mile Buffer
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BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Sean Thuilliez, Chief of Police
DATE May 16, 2023
SUBJECT: Beaumont Police Department Specialized Equipment Inventory and Fiscal Impact Report
Description Requirement per Government Code 7072 to submit report annually to its governing body.
Background and Analysis:
Government Code § 7072 requires a law enforcement agency to submit a military equipment (Specialized Equipment) report to its governing body for each type of specialized equipment approved annually for as long as the military equipment is available for use. The Chief of Police or the authorized designee should also make each annual specialized equipment report publicly available on the department website for as long as the specialized equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of specialized equipment in the department inventory.
The annual specialized equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of specialized equipment:
(1) A summary of how the specialized equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the specialized equipment.
(3) The results of any internal audits, any information about violations of the specialized equipment use policy, and any actions taken in response. (4) The total annual cost for each type of specialized equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the specialized equipment in the calendar year following submission of the annual specialized equipment report.
(5) The quantity possessed for each type of specialized equipment.
(6) If the law enforcement agency intends to acquire additional specialized equipment in the next year, the quantity sought for each type of specialized equipment.
In summary of items 1, 2, and 3; the specialized equipment in inventory has been deployed routinely throughout the past year and it has helped resolve extremely hazardous and dangerous incidents on numerous occasions. The specialized equipment has mitigated the need for use of deadly force and has provided additional layers of protection for citizens, law enforcement personnel, and other first responders.
This specialized equipment can and has reduced City liability during a variety of critical incidents. The specialized equipment currently in use is necessary to help contend with the high level of violence seen by law enforcement throughout the country. In addition, the equipment is essential in providing additional support during natural disasters and acts of terrorism.
An internal audit was conducted regarding the use of authorized specialized equipment during the 2022 calendar year. No violations were discovered regarding the equipment and the police department did not receive any complaints or concerns about the specialized equipment.
See attachment A for Items 4 and 5. Currently, the Police Department does not intend to purchase other types of specialized equipment.
The Beaumont Police Department held an annual community engagement meeting on Wednesday, May 10, 2023, at 6:00 p.m. The meeting provides the community with the opportunity to have questions addressed pertaining to the specialized equipment currently in use.
Fiscal Impact:
All specialized equipment maintenance has been budgeted for. The estimated cost to prepare this report is $800.00.
Recommended Action:
Receive and file.
Attachments:
A. Beaumont Police Department Specialized Equipment inventory and Fiscal Impact report.
BEAUMONT POLICE DEPARTMENT
CONTROLLED EQUIPMENT
ANNUAL REPORT
JANUARY,2022-APRIL,2023
COMMITMENT TO COMMUNITY
TABLE OF CONTENTS
EXECUTIVE SUMMARY 3
INTRODUCTION 4
CONTROLLED EQUIPMENT CATEGORIES 5
CURRENT INVENTORY OF CONTROLLED EQUIPMENT 6
UNMANNED AERIAL SYSTEMS (UAS) 7-9
MOBILE INCIDENT COMMAND VEHICLE 10
RIFLES AND MUNITIONS 11-12
PEPPERBALL LAUNCHER AND MUNITIONS 13-14
40 MM LESS -LETHAL LAUNCHERS AND MUNITIONS 15-16
OTHER 17-18
TRAINING SUMMARY 19
DEPARTMENT TRANSPARENCY 20
AUDITS, COMPLAINTS, POLICY VIOLATIONS 21
CONCLUSION 22
POLICE DFPARTVIEN
Executive Summary
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481 requiring California law enforcement agencies to obtain approval of a Military Equipment Use Policy by their applicable governing body (City Council) prior to taking certain actions related to the funding, acquisition, or use of controlled equipment.
Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of controlled equipment ("Military Equipment") within its jurisdiction if the equipment meets specified standards. The Controlled Equipment Use Policy and an Annual Controlled Equipment Use Report is subject to annual review to affirm the criteria outlined in Assembly Bill 481 have been met.
Assembly Bill 481 requires the publication of the Controlled Equipment Use Policy and a Controlled Equipment Use Report on the Department's website annually and within thirty (30) days of a community engagement meeting.
California Government Code section 7072 requires an annual report within a year of the policy approval and annually after that for as long as the controlled equipment is in use. The Annual report must contain the following information:
(1) A summary of how the equipment was used and the purpose of its use. (2) A summary of any complaints or concerns from members of the public about the equipment.
(3) The results of an internal audit, including any information about violations of the equipment use policy, and any actions taken in response. (4) The total annual cost for each type of equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing expenses; and from what source funds will be provided for the controlled equipment in the calendar year following submission of the annual report
(5) The quantity possessed for each type of controlled equipment. (6) If the law enforcement agency intends to acquire additional controlled equipment in the next year, and the quantity sought for each type of qualifying equipment.
The Beaumont Police Department recognizes the public's ongoing interest in how controlled equipment is used to protect our community and is committed to maintaining our community's trust in providing professional and responsive police services. As such, the Beaumont Police Department has authored the following comprehensive Annual. Controlled Equipment Use Report to remain transparent with our community and in accordance with annual reporting requirements set forth by applicable California Law.
3 Introduction
The Beaumont Police Department is committed to the protection of lives and property by working with our community and providing professional and responsive police services. To accomplish our mission effectively and safely, the Beaumont Police Department possesses and utilizes certain specialized equipment (controlled equipment) to safeguard the citizens of Beaumont and protect our first responders.
While our inventory of controlled equipment varies, the mere possession of this equipment does not warrant its use. The merits and a totality of the circumstances of each unique incident are considered before controlled equipment is utilized in compliance with department policy and law.
The term "military equipment," as used in Assembly Bill 481, does not necessarily indicate the equipment is, or has been used, by the military. Many items defined as "military equipment" by the bill are more often used by law enforcement to preserve life and enhance public and officer safety while remaining prepared to handle the various lethal and non -lethal challenges facing our communities.
The Beaumont Police Department's use of controlled equipment is consistent with overall best practices employed by police departments throughout the country. Items used by the Beaumont Police Department that are considered controlled equipment under Assembly Bill 481 include, but are not limited to, emergency response equipment such as command vehicles and armored rescue vehicles, less lethal shotguns, less -lethal 4Omm projectile launchers, precision weapons such as rifles, unmanned aircraft systems, and other select items.
The continued access to, and use of, this equipment is vital in ensuring our officers have the appropriate tools necessary to de-escalate situations, preserve life, ensure safety for all people, and protect civil liberties. This Annual Controlled Equipment Use Report outlines a summary of the equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns for the period of January 2022 -April 2023.
4 Controlled Equipment Categories
Assembly Bill 481 created Government Code 7070 which designated 15 categories of items deemed "military" or more accurately defined as controlled equipment:
Category 1:
Unmanned, remotely piloted, powered aerial or ground vehicles Category 2:
Mine -resistant ambush -protected vehicles or armored personnel carriers
Category 3:
High mobility multipurpose wheeled vehicles (HMMWV), two -and - one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
Category 4:
Tracked armored vehicles that provide ballistic protection to their occupants
Category 5:
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units Category 6:
Weaponized aircraft, vessels, or vehicles of any kind
Category 7:
Battering rams, slugs, and breaching apparatuses that are explosive in nature
Category 8:
Firearms and ammunition of _50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition Category 9:
Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard -issue handguns
Category 10:
Any firearm or firearm accessory that is designed to launch explosive projectiles
Category 11:
Noise -flash diversionary devices and explosive breaching tools Category 12:
Munitions containing tear gas or OC, excluding standard, service- isued handheld pepper spray
Category 13:
TASER5 Shockwave, microwave weapons, water cannons, and long-range acoustic devices
Category 14:
Kinetic energy weapons and munitions
Category 15:
Any other equipment as determined by a governing body or a state agency to require additional oversight
* Indicates a category of controlled equipment previously approved by the governing body and utilized by the Beaumont Police Department. 5 Current Inventory of
Controlled Equipment
The Beaumont Police Department is committed to remaining transparent about the Department's controlled equipment inventory and the sharing of the equipment's capabilities, uses, and other related information with our community and elected officials. The data provided in this report is accurate as of April 2023 however, inventory may have fluctuated by the time of this report's publication.
The inventory of controlled equipment, particularly consumable material (ammunition, diversionary devices, munitions, etc.) may fluctuate due to a variety of factors including but not limited to operational usage, operational deterioration, training, maintenance, expiration and replenishment guidelines.
The following is a list of the various types, descriptions, and guidelines for usage of controlled equipment currently employed by the Department:
Unmanned, Remotely Piloted, Powered Vehicles - Category 1 : Remotely piloted machine operating on the ground or in the air (e.g., aerial drones and robots), utilized to enhance the safety of community members and officers.
Purpose:
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
a. Post -incident crime scene preservation and documentation, b. Response to hazardous materials spills,
c. Traffic collision investigations,
d. Search and Rescue (SAR) missions as defined in the Department Policy Manual, e. Public safety and life preservation missions to include, but not be limited to, barricaded suspects, hostage situations, active shooters, apprehension of armed and dangerous and/or violent suspects, and high -risk search warrants, f. Disaster response and recovery to include natural or human caused disasters including a full overview of a disaster area for post incident analysis and documentation, g. Training flights in support of the Department UAS Training Manual, h. For fire response and prevention,
i. When there is reasonable belief to believe that (1) the UAS may record images of a place, thing, condition, or event; and (2) that those images would be relevant in proving that a crime had occurred or is occurring, or that a particular person committed or is committing a crime and use of the UAS does not infringe upon the reasonable expectation of privacy,
j. Pursuant to a search warrant,
k. Inspection of Beaumont city property and facilities, to include locations designated under the US Department of Homeland Security's Critical Infrastructure Sectors.
I. Production of video for the Department and other city departments for promotional, educational and/or training purposes.
Authorized Use:
Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.
Training:
All Department UAS operators will be licensed by the Federal Aviation Administration for UAS operation under 14CFR Part 107. In addition, each operator must attend ongoing currency flights and training.
Legal and Procedural Rules:
The Department will only deploy the UAS for official law enforcement purposes or approved missions pursuant to applicable Federal & State laws, BPD UAS Policy 612, and in a manner that respects the privacy of our community.
DJI MATRICE 300
Currently the department uses the following UAS:
The Matrice 300 RTK (real-time kinematic)
drone is DJI's premiere enterprise commercial
drone. The M300 is built on and improved upon
the DJI Matrice 200, which was the industry
standard for many years. Enhanced with longer
flight times, increased payload capability,
advanced Al and various other features, the
M300 is a complete ecosystem to meet the
most demanding enterprise needs.
The Matrice 300 RTK is designed to work in challenging environments. Its IP45 ingress protection means it stays hard at work despite heavier rain, dust, or particles. Operate in extreme temperatures from -4°F to 122°F, and fly through winds up to 33.5 MPH. In the unlikely event of system failure, multiple redundancies are in place to alert you and help maintain flight.
This drone also utilizes tried-and-true FAA technology for next -generation aircraft with an ADS -B AirSense receiver, anti -collision beacon, and six directional sensing and positioning sensors to support collision avoidance with a detection range of over 130 feet. For more extended missions, the M300 even allows pilot -to -pilot hand-off, helping to ensure continuous operation through large areas.
The Matrice 300 RTK is compatible with various payloads that can utilize LiDAR, thermal imaging, high zoom cameras, hybrid (wide, zoom, and thermal), or third -party gimbals and spotlights. The Beaumont Police Department utilizes the Zenmuse H2OT dual thermal camera. This camera can spot subjects or terrain through smoke, fog, night, or bad weather through a combination of payloads and picture profiles. This aircraft can also create detailed 3D maps and models for crime scenes or accident reconstruction. mart Track enables the drone to automatically follow a subject visually and can update its dynamic location in real- time on a map. Additionally, Smart Inspect can take a series of more than 65,000 waypoints and automate your positions. Smart Inspect can also replicate camera position, angle, and shot framing to track changes over time.
The Matrice 300 RTK provides immense support in an ever-changing world. Through its Disaster Relief Program, DJI has put forth the best real -world practices, use cases, and results in its white paper with the support of universities and public safety agencies.
DJI MAVIC 3
Featuring a Hasselblad camera which boasts a 4/3
CMOS sensor. Key features include its 15km
transmission range using DJI's new OcuSync 3+
technology, up to 46 minutes of flight time with its
5000 mAh battery making it the longest flight time
for a consumer drone on the market.
DJI MATRICE 300
DJI MAVIC 3
COST
$30,398
$20,154.84
QUANTITY
2 4
LIFESPAN
3-5 years
3-5 years
FUNDING SOURCE
Grant
Grant
ANNUAL
MAINTENANCE
COSTS
$9,000 for entire program
Mobile Command Vehicle (MCV) - Category 5: A vehicle used during critical incidents as a field based command post, providing Incident Commanders with access to Department computer systems and radio communication center.
Freightliner Chassis vehicle- The MCV is
utilized for critical incidents, significant,
preplanned events, searching for missing
persons, natural disasters, and community
events in which law enforcement is involved.
Purpose:
Used for critical incidents based on the
circumstances of a specific event, large event,
or natural disaster to effectively and efficiently
serve the community.
MOBILE COMMUNITY SUBSTATION
Mobile Mobile Emergenry ,
Community Operafi Cee�er
Substation s
Authorized Use:
Only personnel trained in the use and deployment of the MCV, shall drive the vehicle under the direction of the Watch Commander, Incident Commander, Detective Bureau or their designee. Situations where the MCV may be deployed include but are not limited to critical incidents, natural disasters, and emergencies.
Training:
Drivers/Operators shall receive safe handling and maneuvering training. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle with an experienced driver throughout the city. Driver/operators shall also undergo commercial vehicle testing and certification from the California Department of Motor Vehicles as required.
Legal and Procedural Rules:
Command and control vehicles will only be operated by department members who have been trained in their operation and according to Department Policy.
COST
Unknown
QUANTITY
1 LIFESPAN
15 years with upgrades every 5 years for
communications and IT Systems
FUNDING SOURCE
General Fund
ANNUAL MAINTENANCE COSTS
10 Rifles - Category 10: Shoulder -fired firearms, with rifling cut into their barrel, intended to cause projectiles to spin, improving accuracy over a long distance. AR -15 Style .223/5.56 Rifle- A lightweight, shoulder -fired, magazine -fed, gas operated, rifle with a long spirally grooved barrel intended to make a bullet spin and thereby have greater accuracy over a long distance with greater ballistic capabilities than a pistol. Modular accessories aiding in the operation and use may vary on each individual rifle.
Purpose:
A precision weapon used to address a threat with better accuracy at greater distances than a handgun.
Authorized Use:
Members who are POST certified in the use of the rifle are authorized to deploy them in the field, unless in emergency situations.
Training:
Prior to deploying a rifle, members must complete a POST certified course in the operation of the rifle. Additionally, all members are required to pass a rifle range qualification according to department policy.
Legal and Procedural Rules:
The Department will only utilize firearms in accordance with State law, Federal law, and Department policy.
Currently the department uses the following rifles::
Colt M4 Carbine AR -15
Sig Sauer WRM400-11 B
Sig Sauer M40016 -B
Sig Sauer RMCX -300B
COLT M4
CARBINE
AR -15
SIG SAUER
M40016 -B
SIG SAUER
WRN400-11B
SIG SAUER
RMCX-300B
COST
$1,109.09
$964.47
$978.96
$2,066.70
QUANTITY
19 9
6 4
LIFESPAN
15 years
15 years
15 years
15 years
FUNDING
SOURCE
General
Fund
General Fund
General Fund
General Fund
ANNUAL
MAINTENANCE
COSTS
$50/Rifle
$50/Rifle
$50/Rifle
$50/Rifle
PepperBall Launcher and Munitions - Category 12: A device that allows a law enforcement officer to maintain distance from an assailant or crowd.
Purpose:
Lawful application of force delivered with the intent to subdue or render non -threatening.
The less lethal munitions may be used as an option to de-escalate a potentially dangerous/deadly situation, with a reduced potential for death or serious injury to all persons involved. It is accepted that the probability exists for bodily harm to occur.
However, it must also be accepted that the application of such force may be the only alternative to using lethal force to stop the subject's actions.
Authorized Use:
1. Situations where the deployment of less -lethal impact or munitions are authorized include but are not limited to:
a. Self-destructive, dangerous, and/or combative individuals. b. Riot/crowd control and civil unrest incidents where the criminal behavior involved exceeds a failure to disburse or curfew violation.
c. Circumstances where a tactical advantage can be obtained.
Training:
Prior to deploying the Pepper Ball Launcher and its munitions, members must complete a certified course in the operation of the Pepper Ball Launcher. Additionally, all members that operate any Less Lethal Devices are required to pass a qualification course of instruction according to department policy.
Legal and Procedural Rules:
The Department will only utilize less lethal devices in accordance with State law, Federal law and Department policy.
Currently the department uses the following launchers and munitions:
PEPPERBALL LAUNCHER FTC- SEMI -AUTOMATIC
Compressed air operated launcher, gravity feed,
steel barrel with charging handle. The safety is a
push button, cross bolt trigger safety. It will launch a standard Pepperball projectile. The projectiles are
fired at the velocity of between 300 to 350 feet per
second. It has approximately 8 to 12 foot-pounds of
kinetic energy. Target range is 0-60 feet (individual)
and a maximum range of 150 feet (area of
saturation).
MUNITIONS
PepperBall Inert Practice Projectiles- Projectiles contain a harmless, scented powder, best suited for practice or direct impact when chemical exposure is not desired, .68 caliber and weigh 3 grams.
Live Projectiles- Projectiles contain 2.0% PAVA. It is effective for direct impact and area saturation..68 caliber and weigh 3 grams.
PEPPERBALL
LAUNCHER
PEPPERBALL INERT
PRACTICE
PROJECTILES
LIVE
PROJECTILES
COST
$989/each
$1.56/each
$2.40/each
QUANTITY
5 375
375
LIFESPAN
20 years
3 years
3 years
FUNDING
SOURCE
General Fund
General Fund
General Fund
ANNUAL
MAINTENANCE
COSTS
$50/each
of 1311
1 4OMM Launchers and Munitions - Category 14: Kinetic Energy Weapons and Munitions Purpose:
Lawful application of force delivered with the intent to subdue or render non -threatening.
The less lethal munitions may be used as an option to de-escalate a potentially dangerous/deadly situation, with a reduced potential for death or serious injury to all persons involved. It is accepted that the probability exists for bodily harm to occur. However, it must also be accepted that the application of such force may be the only alternative to using lethal force to stop the subject's actions.
Authorized Use:
Situations where the deployment of less -lethal impact or chemical munitions are authorized include but are not limited to:
a. Self-destructive, dangerous, and/or combative individuals. b. Riot/crowd control and civil unrest incidents where the criminal behavior involved exceeds a failure to disburse or curfew violation. c. Circumstances where a tactical advantage could be obtained. d. Tactical situations involving the deployment of the Department personnel Training:
Prior to deploying 40MM Launchers and Munitions, members must complete a POST certified course in the operation of 40MM Launchers and Munitions. Additionally, all members that operate any Less Lethal Devices are required to pass a qualification course of instruction according to department policy.
Legal and Procedural Rules:
The Department will only utilize less lethal devices in accordance with State law, Federal law, and Department policy.
Currently the department uses the following kinetic energy weapons and munitions:
PENN ARMS MULTI -SHOT LAUNCHER
40MM Launchers are utilized by Department personnel
as a less -lethal tool to deploy less -lethal impact
munitions. Penn Arms Multi Shot Launcher, #G165-40.
The 40MM multi -shot spring -advance magazine drum
launcher with a six -shot capacity, rifled barrel, 6 -inch cylinder and break -action loading. Spring cylinder
advance actuated by trigger pull.
tori
The safety feature is a push button, cross bolt trigger safety. It will fire standard 40MM less - lethal ammunition, up to 6 inches in cartridge length. It will launch a 40MM less -lethal round up to 150 feet. Cost: $2,430.42, using general funds. Quantity: 3
MUNITIONS
Combined Tactical Systems, 40MM Exact Impact Sponge Round, #4557- A less lethal 40MM sponge round that is smokeless, spin stabilized and 4 inches long. The 40MM sponge projectile is fired from a single or multi -round purpose-built 40MM Launcher. The 60 - gram sponge baton is a spin -stabilized projectile delivering blunt trauma effect. The 40MM exact impact sponge round provides accurate and effective performance when fired from the approved distance not less than three (3) feet from the target. The optimal Range for the 40MM sponge round is 10 to 75 feet. Cost: $22.02, per round. Quantity: 96.
eXact iMUact'
86MM
v iY d]]5
PENN ARMS MULTI -SHOT
40MM LAUNCHER
40MM EXACT IMPACT
SPONGE ROUND
COST
$2,430.42
$22.02/each
QUANTITY
3 96
LIFESPAN
15 years
5 years
FUNDING SOURCE
General Fund
General Fund
ANNUAL
MAINTENANCE COSTS
$50/each
Pang 7d7 of 1'311
Any other equipment as determined by a governing body or state agency to require additional oversight - Category 15: Bola Wrap.
Purpose:
The Bola Wrap offers the ability to restrict an individual's movement, buys officers' time and makes it safer for them to approach and gain control of individuals. Situations between officers and uncooperative individuals are often chaotic, and officers don't have many effective options to handle them. Instead of waiting for an encounter to unfold and escalate, the use of the Bola Wrap can effectuate an arrest quickly, safely and humanely - ending the situation and facilitating a positive outcome that doesn't result in injury or use of higher levels of force.
Authorized Use:
1. Situations where the deployment of less -lethal impact or munitions are authorized include but are not limited to:
a. Self-destructive, dangerous, and/or combative individuals. b. Circumstances where a tactical advantage can be obtained.
Training:
Prior to deploying the Bola Wrap, members must complete a certified course in the operation of the Bola Wrap. Additionally, all members that operate any Less Lethal Devices are required to pass a qualification course of instruction according to department policy.
17 Currently the department uses the following OTHER equipment:
BOLA WRAP
The Bola Wrap A one-time use cassette is snapped into
the device. Each cassette contains a 7.5 -foot Kevlar®
tether with a 4 -pronged anchor and integrated safety
caps on either end to lower the risk of piercing the skin for both the officer and the subject. The cassette is
powered by two independent micro -gas generators.
To deploy the tether: the officer loads a cassette into the device, turns on the power switch position which then
automatically illuminates a multi -dot laser for accuracy and LED light for exposure. The officer then presses the activation button to deploy the tether. A new cassette
can be reloaded into the device in approximately 3-5
seconds.
•
Less -lethal Bola Wrap is a handheld restraint device that discharges an 8 -foot bola style Kevlar tether at 513 feet per second to entangle a subject at a range of 10-25 feet. The device is effective in disarming violent suspects, and subjects who are suicidal with minimal injury and risk to the person, law enforcement or the public once the subject is entangled.
BOLA WRAP
BOLA WRAP CARTRIDGE
COST
$25,400
$29.95/each
QUANTITY
20 96
LIFESPAN
No Expiration
5 years
FUNDING SOURCE
General Fund
General Fund
ANNUAL
MAINTENANCE COSTS
$1,500 for cartridges/training
I
Training Summary
The safe use of certain controlled equipment requires ongoing training to maintain proficiency and required certifications. While the department conducts most ongoing training internally, external training courses and services are often also necessary. Training courses can vary each year depending on operational needs and State or Federal mandates.
Consumable and non -consumable equipment are often used during training to ensure competency during actual operational use. Funding sources for training include the Police Department's operating budget.
Training Costs
The personnel cost of training is absorbed into the Department's operating budget.
Department Transparency
Department Transparency In some instances, the application and use of controlled equipment may prompt questions or cause concern for community members. The Beaumont Police Department strives to provide transparency on police activities, department policies, agency practices, and the use of controlled equipment. Remaining accountable to our community builds trust, confidence, and enhances community relationships.
Prior to Assembly Bill 481, the Beaumont Police Department regularly presented equipment purchases to the Beaumont City Council and utilizes various community engagement events to introduce our community to select controlled equipment devices.
Including our Unmanned Aircraft Systems, pepperball Launcher, Bola Wrap and our Mobile Community Substation. We continue to use community events to create public awareness, transparency, and education.
Audits, Complaints, Policy Violations
Although the Department remains transparent with our community, we may occasionally receive complaints about our policies, practices, and/or the use of controlled equipment.
The Beaumont Police Department is committed to completing thorough and fair investigations of complaints. Resolving complaints in a fair, impartial, and expeditious manner helps maintain community trust and ensures the Beaumont Police Department will continue to provide superior service to our community.
The Beaumont Police Department has a designated armory personnel that are responsible for conducting controlled equipment inspections and audits to ensure compliance with Assembly Bill 481. The Professional Standards Bureau is the designated point of contact for receiving citizen complaints as well as tracking policy violations related to the use of controlled equipment.
The designated armory personnel conducted an inventory check and identified controlled equipment that was not included or added to the inventory itemization since it was reported on April 19, 2022. The inventory itemization in this report has been amended to reflect the equipment not previously included.
Complaints
The Beaumont Police Department did not receive any citizen complaints about the use or possession of controlled equipment for calendar year for January 2022 through April 2023.
Policy Violations
The Beaumont Police Department did not identify any policy violations related to the deployment or use of controlled equipment for January 2022 through April 2023.
Projected Acquisitions for 2023
Although most acquisitions can be anticipated, the unanticipated replacement of existing controlled equipment may be necessary due to loss or damage. Replacement of these items will be handled on a case -by -case basis dependent on operational need, and in compliance with department policy for acquisition of controlled equipment.
Consumable Controlled Equipment
Consumable controlled equipment acquisitions for 2023 will remain consistent with current replenishment schedules and policies. Acquisitions will only restore quantities previously approved by the governing body. Categories of consumable controlled equipment include:
• Ammunition - all calibers
• Specialty Munitions (40mm Munitions and Less Lethal Munitions) • Other (Bola Wrap Cartridges)
Conclusion
The equipment, resources, and training outlined in this report allows the Beaumont Police Department to protect our community by enhancing public and officer safety. The use of controlled equipment aids us in resolving critical incidents safely and effectively.
Although controlled equipment is utilized infrequently, it is crucial that the equipment be readily available in rapidly evolving and dynamic situations where such equipment can be used to effectively respond to threats of public safety.
When deciding how controlled equipment is funded, acquired, or used, the Beaumont Police Department considers the public's welfare, safety, and civil liberties. This annual controlled equipment report reaffirms the department's commitment to providing transparency and information to our communities and elected officials in addition to ensuring compliance with the law.
The department places high regard to meaningful public input in using controlled equipment in our community. Inquires, complaints or concerns can be submitted online via our Complaint Form, which can be found here:
https://beaumontca.gov/FormCenter/PD-Forms-3/Complaints-60 For more information, please visit the police department's website at, https://www.beaumontpd.org .
CONTACT
660 Orange Avenue, Beaumont, Ca 92223
PIO©a BeaumontPD.org
BeaumontPd.Org
NON -EMERGENCY: (951)769-8500
EMERGENCY: 9-1-1
D
BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE May 16, 2023
SUBJECT: Approve the Amended and Restated Joint Exercise of Powers Agreement of the Fire Risk Management Services Joint Power Authority Description Authorize and Adopt a Resolution of the City of Beaumont Authorizing Participation.
Background and Analysis:
In March 2023, staff was notified of the intent to consolidate the Fire Districts Association of California Employment Benefits Association (FDAC EBA) with Fire Agencies Self Insurance Services (FASIS) becoming the Fire Risk Management Services (FRMS). The City Council approved the Joint Powers Agreement with FDAC EBA on June 21, 2022. This membership provides eligible public agencies with employee benefits coverage.
Effective July 1, 2023, FDAC EBA is consolidating with FASIS and becoming FRMS. In accordance with the joint powers agreement, FRMS has amended and restated the joint powers agreement requiring two-thirds of the agencies approval in writing.
The amended and restated joint powers agreement along with the resolution have been reviewed and approved by legal.
Fiscal Impact:
The estimated cost to prepare this report is $250.
Recommended Action:
Waive the full reading and adopt by title only, "A Resolution of the City of Beaumont Authorizing Participation in and Approving the Amended and restated Joint Exercise of Powers Agreement of the Fire Risk Management Services Joint Powers Authority" and
Approve the Amended and Restated Joint Exercise of Powers Agreement of the Fire Risk Management Services Joint Powers Authority.
Attachments:
A. FRMS Joint Power Agreement and Approval Memo
B. Resolution