Agenda packet — Beaumont City Council, March 5, 2024 (part 5 of 6)

A
B
0 -
D I E
F
G
H
I

WORK COMPLETED

MATERIALS
TOTAL

BALANCE

RETAINAGE
ITS

SCHEDULED
FR0MPREVIOUS-

PRESENTLY

COMPLETED
TO
{IF VARIABLE
NO

DESCRIPTION OF WORK

SUBCONTRACTOR
VALUE

APPLICATION

THIS PERIOD
STORED

AND STORED
16 FINISH
RATE)
03+ E)
(NOT IN

TO DATE
(010)
(C•L9)

D OR E)
(DtE+F)
102130
Rotrgh Plumbing
$40,000.00
8,000.00
20,000,00

0.00 28,000.00
7016
12,000,00
102140
Raagh Mlsclmrilcal
$70,000.00
70,000.00

0.00 0.00
70,00100
100%

0.00 102150
Rough Electrical
$50,000,00
12,500.00
20,000.00

0.00 32,500.00
6516
17,500.00
102160
Rough Low Voltage
3100,000.00
25,000.03
40,000.00

0.00 65,000.00
6556
35,000,00
102170
Install Built up Roof
326,000.00

0.00 23,750.00

0.00 23,750.00
85%
1,260.00
102180
install T11e Root
$50,000.00

0.00 32,500.00

0.00 32,500.00
65%
17,500,00
102190
Instal] SM Wall Panels, Fushings, Gutters & Downspouts
$20,000.00

0.00 10,000.110

0.00 10,000.00
50%
10,000.00
102200
Mala6 HM Frames

31.000.00

0.00 1,000.00

0.00 1,000.00
100%

0.00 102210
Instal FihcrglassWindows
$15,000.00

0.00 0.00
0,00

0.00 096
15,000.00
102220
Rester Extorter
$126.000.00

0.00 25,000.00

0.00 25,00100
20%
100,000.00
102230
Pent Exterior
320,000.00
0,00

0.00 0.00

0.00 05''
20,000.00
102240
Install Insulation
320,000.00

0.00 0,00

0.00 0.00
0%
20,000.00
102250
Drywall Walls
320,000.00

0.00 0.00
0,00

0.00 036
20,01)0.00
102280
Tepa WaUs
35,000.00

0.00 0.00

0.00 0.00
0%
5,000.00
102270
Frame Gypsum Ceffinss
310,000.00

0.00 0.00

0.00 0.00
096
10,000.00
102280
Drywall Ceilings
330,000.00

0.00 0.00

0.00 0.00
055
30,000.00
102290
Tape Cu$Inge
315,000.00
0,00
0,00

0.00 0.00
0%
15,000,00
102300
tnteriorPaintirrg
35,000.00

0.00 0.00

0.00 0.00
096
5,000,00
102310
Commit rent oorn walls
35,000.00
090

0.00 0.00

0.00 096
8,000.00
102320
lnsta3 Ceramic TIM and Wainscot
340,000.00

0.00 0.00

0.00 0,00
0%
40,000.00
•
102330
Install HM Doors and Hardware
310,000.00

0.00 0.00

0.00 0.00
096
10,000.00
102340
Instal Toilet Accessories
310,000.00

0.00 0:00

0.00 0.00
0%
10,000.00
102350
Install Casework
380,000.00

0.00 0.00

0.00 0.00
096
60,000.00
102380
Finish FliwSprtnklers
325,000.00

0.00 0.00

0.00 0.00
0%
25,000.00
102370
Finish Plumbing
320,000.00

0.00 0.00

0.00 0.00
0°6
20,000.00
102380
Finish Mer nical
320,000.00

0.00 0.00

0.00 0.00
095
20,000.00
102300
Finish Electrtcal
325,000.00

0.90 0.00

0.00 0.00
0%
25,000.00
102400
Finish Low Voltage
350.000.00

0.00 0.00

0.00 0.00
016
60,000.00
102410
Install Full Helght Wall Milers
35,000.50
0,00

0.00 0.00

0.00 0%
5,000.00
102420
Install Owner Punished TVs
31,000.00

0.00 0.00

0.00 0.00
096
1,000.00
102430
instal Ceiling TIM
$10,500.00

0.00 0.00

0.00 0.00
096
10,500.00
102440
trretd Rubber Flooring
35,000.00

0.00 0.00

0.00 0.00
016
5,000.00
102450
Instal Carpet & Rubber Bast
$5,000.00
100

0.00 0.00

0.00 0%
5,000.00
102480
Polah Canasta Floors
$12,000.00
0,00

0.00 0.00

0.00 0%
12,000.00
102470
metal] Kitchen Equipment
$35,000,00

0.00 17,500.00

0.00 17,500.00
5096
17,800.00
102480
instal] Stigma
35,000.00

0.00 0.00

0.00 0.00
0%
5,000.00
102480
Instal Bilnds
511,000.00

0.00 0.00

0.00 0.00
0%
11,001.00
102.00
lnstdfFlmm Cahtnets end ExtIngnlsheru
31,500.00

0.00 0.00

0.00 0.00
036
1,601.00
102510
Final Cleaning
$1,000.00

0.00 0.00

0.00 0.00
0%
1,500.00
102520
Contractor Punctdlg
35,000.00

0.00 0.00

0.00 0.00
0%
5,900.00
102530
Ownar Punch Ltd
55,000.00

0.00 0.00

0.00 0.00
0%
5,000.00
Building 13 Canstrur tic
103000
Instal Under Blatt Witten (Wet) & Trench Drams
375.000.00
75,000.00

0.00 0.00
75,000.00
100%

0.00

Page 461 of 718 ends

A
B
C
D E
P
G
H
I

WORK COM PLETED

MATERIALS
TOTAL

BALANCE

RETAINAGE
ITEM
. - .
- - SCHEDULECr
FROM PREV10US

PRESENTLY

COMPLETED-
-
TO.
(IF VARIABLE
NO

DESCRIPTION OF WORK

SUBCONTRAC TOR
VALUE

APPLIC ATION

THIS PERIO D
STORED

AND STORED
%
FINISH
RATE)
(O +E)
(NOT IN

TO DATE
(3 /0)
(C-0)

D OR E)
(D+E+F)
103010
Install Under Slab UtltiUes(Dry)
525,000.00
25,000,00

0.00 0.00
25,000.00
100%

0.00 103020
Trenching for Footings
520, 000.00
20,000.00

0.00 0.00
20,000.00
100%

0.00 103030
Install Reber at Footings
$25,000.00
25,000.00

0.00 0.00
2$,000.00
100%

0.00 103040
Poto"Foa tings
$60,000.00
60,000. 00

0.00 0.00
60,000. 00
100%
0,00
103050
Pre p Pad for BOG
530,000. 00
30,000. 00

0. 00

0.00 30,000.00
100%

0.00 103060
InstafRebarfor SOG
520,000.00
20,000.00

0.00 0.00
20,000.00
100%
0,00
103070
PourSEab on Grads
565,000.00
68,000.00
0,00

0.00 65,000.00
100%
0,00
103030
Frame Walla
$78,000.00
75,000.00
0,00

0. 00
75,000. 03
100%
0,00
103056
Sat TJls& Glue Lam Beams
$75,000.00
75,000. 00

0. 00

0.00 75,000. 00
100%

0.00 103100
Acme Roof
550,000. 00
50,000.00
0,00
0,00
50,000.00
100%

0.00 103110
Black and Sheath
525,000.00
25,009. 00
0,00
0,00
25,000.00
100%

0.00 103120
Rough tare 8prinlders
515,000. 00

0.00 0.00

0.00 0.00
0%
15,000.00
103130
Rough Plumbing
550,000.00
10,000.00
15,000.00
0,00
25,000 .00
50 %
25,000 .00
103140
Rough M echan ics
560,000.00

0.00 57,000,00

0. 00
57,000,00
95'%
3,000.00
103150
Rough Veh)de Exhaust System
550,000.00

0.00 0.00

0.00 0 .00
0%
50,000.00
103160
Rou gh Electrical
5100,000.00
10,000.00
10,000.00

0.00 20,000.00
20 %
80,000.00
103170
Rough Low Voltage
525,000. 00
2,500. 00
2,500.00

0.00 5,000,00
20%
20,000,00
103180
instil; Tile Roof
550,000.00

0.00 32,300.00

0.00 32,500.00
65%
17,500,00
103180
install Guttere 8, Dow nspouts
520,000.00

0.00 5,000.00

0.00 5,000.00
25%
15,000.00
103200
Install HM Frames
51,000. 00
. 0,00
1,000. 00

0.00 1,000,00
10094
0,00
103210
install Fiberglass Wlfulawa
55,000.00

0.00 0.00

0.00 0.00
0°%
5,000 .00
103220
Piaster Exterior
5125,000. 00

0.0D
12,500.00
0 .00
12,500.00
10%
112500.00
103230
Pa int Extertar
520,000.00

0. 0D

0.00 0.00
0 .00
090
20,000 .00
103240
Install tnsutaUon
520,000.00
0,00

0.00 0 .00
0 .00
0%
20,000.00
103250
Drywall Wa lls
$20,000.00

0. 00

0.00 0 .00

0.00 0%
20,000 .00
103260
Tape Wails
$10,000.00

0.00 0 .00

0.00 0,00
0%
10,000.00
103270
DryWail Ceilings
520,000. 00

0.00 0.00

0.00 0,00
0%
20,000.00
103280
Taps Ceilings
57,500.00

0.00 0,00

0.00 0.00
0%
7,500.00
103280
Interior PsIndng
530,000,00

0.00 0.00

0.00 0.00
096
30,000.00
103300
Install HM Doom and Hardware
55,000.00
0,00
0 .00

0.00 0.00
0%
5,000.00
103310
Install Folding and Overhead D oers
$40,000.00

0.00 0 .00
0 .00

0.00 095
40,000.00
103320
trtsia0 Casework
520,000.00

0.00 0 .00

0.00 0 .00
0%
20,000.00
103330
Finish Are Sprinklers
510,000.00
0 .00

0.00 0 .00
0,00
096
10,000.00
103340
Flnlsh Plumbing
520,000. 00
0 .00

0.00 0 .00
0 .00
096
20,000 .00
103350
Ftn!sh Mechanical
515,000.00
0 .00
0,00
0 .00

0.00 0%
15,000.00
103360
Finish Vehicle Exhaust System
$25,000.00

0.00 0 .00

0.00 0 .00
0%
25,000.00
103370
Fin ish Electrical
525,000.00

0.00 0.00

0.00 0,0D
0%
25,000 .00
103380
Fhdah Low Vantege
515.0110 .00

0.00 0 .00

0.00 0,00
0%
15,000.00
103390
in stall Ma p Ba rad
5500.00
0 .00

0.00 0.00

0.00 0%
500.00
103400
Install EprawR ooring
512,000.00

0.00 0.00

0.00 0 .00
0%
12,000.00
109410
install Generator
550,000.00
0 .00
0 .00

0.30 0 .00
0%
60,000.00
103420
Co ardlnate OFO) Extractor end Dryer
5500.00

0.00 0 .00
0,00
0 .00
094
600.00
103430
Install Gea r Lookers
515,000 ,00

0.00 0.00

0.00 0.00
0%
15,000.00
103440
In stall Ica M achine
$10,000.00
0 .00

0.00 0.00

0.00 0%

10.000 .00

Page 462 of 718 ends

8 6L 1° £917 abed
A
a
C
D 1 Fa
F
0 H
I

WORK COMPLETED

MATERIALS
T OTAL

BALANCE
RETA1NAGE
ITEM
.

SC HEDULED
' PROM -PREVIOUS

PRESENTLY

COMPLETED
TO
(IF VARIABLE
NO

DESCRIPTION OF WORK

SUBCONTR ACTOR
VALUE

APPLIC ATION

THIS PERIOD
STORED

AND STORED
%
FINISH
RATE)
(D+E)
(NOT IN
70 DATE
(0/C)
(0-0)

D OR E)
(D+E+F)
103450
Install Signags
$5,000.00

0.00 0.00

0.00 0 .00
0%
5,000.00
103480
Instal Blinds
54,000,00

0.00 0 .00
0 .00

0.00 0%

4.000 .00
103470
Install Fim Cabinets and Extinguishers
$500 .00

0.00 0 .00

0.00 0.00
0%
503 .03
103480
Final Cleaning
51,500.00

0.00 0.011
0 .00

0.0a
0%
1,800 .00
103480
Contractor Punchlist
$5,000.00

0.00 0 .00

0.00 0 .00
0%
5,000,00
103500
Omsw Punch List
$5,000,00

0.00 0.00
0 .00

0.90 0%
5,0)0 .00
RuOtdlea 0 Canstn 1ctiprt
104000
Install Under slab utiliiies (Wet)
55,000,00
5,003 .00

0.00 0.00
5,000 .00
100%

0.00 104010
Ins ta ll U nder Slab UE111as (DO
$1,000 .00
1,000.00

0.00 0 .00
1,000.00
100%

0.00 104020
Trenching far Footings
$3,000.00
3,000.00
0 .00
0 .00
3,000.00
100%

0.00 104030
Install Wear at Fee lings
53,000.00
3,000.00

0.00 0.00
3,000.00
100%
0 .01)
104040
pa urFoctings
55,000 .00
5,000.00
0 .00

0.00 5,000.00
190%

0.01)
(04050
Prep Pad far SOG
515,000,00
15,000 .00

0.00 0.00
15,000.00
100%

0.00 104060
install Reber for SOG
515,000.00
15,000.00
0 .00

0.00 15,000.00
100%

0.00 104070
Pour Slab on Gra de
517,000.00
17,000,03
0 .00
0 .00
17,000.00
100 %
0,00
104080
Fra me Walls
55,000.00
5,000 .00

0.00 0.00
5,000.00
100%

0.03 104080
SatTJls & Glue Lem Boerne
55,000.00
5,000 .00

0.00 0.00
5 ,000.00
100%
0 .00
104101)
Frame Ref
55,000.00
5,000.00
0 .00

0.00 5,000.00
100%
0,00
104110
Blesk and Sheath
52,000.00
2,000.00

0.00 0.00
2,000.00
100%

0.30 104120
Rmsgh Fire Spriniders
52,000.00

0.00 2,000.00

0.00 2,000 .00
100%
0,00
104130
Rough Electrical
51,000.00
1,000.00

0.00 0.00
1,000 .00
100%

0.00 104140
Rough LowVONage
51,000.00
1,000.03
0 .00

0.00 1.000.00
100%

0.00 104180
Instil Tlis Roof
56,000,00
0,00
3,250.00

0.00 3,250,00
65%
1,750.00
104160
Instill G uttar8 & Down spouts
5200.00

0.00 0.00

0.00 0.0D
0%
200.90
104170
Plaster Ex terior
510,000.00
1,000.00
8,000 .00
0 .00
8,000.01
90°h
1,000 .00
104180
Pa int Exterior
5500.00

0.00 0 .00

0.00 0.00
0%
500.00
104100
installInsulatlon
51,000.00

0.00 1,000.00

0.00 1,000.03
100%
0,00
104200
Dryea il Walls
5500.00

0.00 500.00
0 .00
500.00
100%

0.00 104210
Tape Walls
5500.00
0,00
0 .00
0 .00

0.00 0%
500.00
104220
Install HM Frsmo. Doer so d Hardware
51,000. 00
600.00

0.00 0.00
500.00
50%
500.00
104230
Install Coning Door
55,000.00

0.00 5.01)0.00

0.00 5,000 .00
100%
0 .01)
104240
IntarmrPainting
5500.00

0.00 0.00
0,00
0 .00
0%
500.00
104280
insta llCacewark
52,000.00

0. 00

0.00 0.00

0.00 0%

2.000 .00
104280
Ardsh Fire Spdntders
81,000. 00

0.00 1,030.00

0.00 1,000 .00
100%

0.00 104270
Finish Eladdral
51,000.00

0. 00

0.00 0.00
0,00
0%
1,000,09
104280
R rdsh Low V ollege
51,000.00

0.00 0.03
0 .00

0.00 0%
1,1)00.09
104280
Final Cleaning
5100.00

0.00 0.00

0.00 0.00
0%
100.00
104300
Con tactor Partch2st
5500. 00

0. 00

0.80 0.00
0,00
0%
500.00
104310
Owner Pun ch List
5500. 00

0.00 0.00

0.00 0.00
0%
500 .00
Ortllhml ConlracATotals
$7,475,000.00
3,619,200. 00
527,250.00
0,00
4,140.450$0
55 %
3,334,530,00
Cha ins Orderer

A
B
c
D 1 E
F
G
H
I
•

WORK COMPLETED

MATERIALS
TOTAL

BALANCE

RETALNAQE
ITEM

SCHEDULED

FROM PREVIOUS

PRESENTLY

COMPLETED
TO
(IF VARIABLE
NO

DESCRIPTION OF WORK

SUBCONTRACTOR
VALUE

APPLICATION

THIS PERIOD
STORED

AND STORED
%
FINISH
RATE)
(D + E)
(NOT IN

TO DATE
(GTC)
(C -G)

D OR E)
(D+E+F)
Pravlaualy Aunrovod
C0#11, Up9jze Wlndawa In off Dada
$1,618.32
1,618.32

0.00 0.00
1,618.32
100%
0,00
CO#12, Suwcr ll I
5178,092 9D
178,092.90

0.00 0.00
178,092 80
100%

0.00 CO#4, SCE CanduHs
$62,078.43
10,415.89
5,201.84

0.00 15,828 53
30%
38464 90
CO#5, Switch to Split Face Block and raise Wag.
$22,699.48
22,599.48

0.00 0.00
22,599.48
100%

0.00 CO#7, Add Canaate Curbs
529,694.00
29,694.00

0.00 0.00
29,694 00
100%

0.00 COO, Add Ii0lslde L �dacaping
$17084.44
9,398.44
1,708 44

0.00 11,104.89
6514
5,979.55
COW, Purchase Washers & Dram
537,698.18
37,598.18

0.00 0.00
37,598.18
100%

0.00 CO#10, Upgrade B1:Fctdln9 DOOM
311,818,21

0.00 11,818.21

0.00 11,818.21
10035

0.00 CO#11, Add additional Condo ebrto ATS and Generator per E $2,686.85

0.00 0.00
0,00

0.00 0%
2,696,85
CO#12, Add 3each 2'conduits and Boxes per RFI 2tR1and
$21,029.72

0.00 0.00

0.00 0.00
0%
21,029.72
CO#13,Framin9Changes par RFI 35
58,138.68
0,00

8.138,68
0,00
8,138.88
10056

0.00 C0#14, Add BEo-reteattcn basin detafl In per RFI 05 and Anti 568,532.78

0.60 0.00

0.00 0.00
0%
88,832.73
CO#19, Add 2 color plaster at= to black ratskting Wall and 58,121.16

0.00 7.715,10

0.00 7,715.10
95%
408.08
CO#18, Crada to switch to PVC pipe
aD raved TM, Month Ij
andiittirtgs
(54,336.38)

0.00 (4,336,38)

0.00 (4,330.38)
160% ,
0,00
Change Order Totals
5450,768.72
$289,415.01
528,251.80

50.00 5317,888.91
5133,099.81
Total (Ortgrnal Contrast +C/Oa)
57,925,766.72
3,902,815.01
559,501.80

0.00 4,458,116.91
56%

3.467,649.81

Page 464 of 718 ends

CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
{Pursuantto California CM Code §8132)
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANTS LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information
Name of Claimant: Kemcorp Construction, Inc.

Name of Customer. City of Beaumont
Job Location: 2000 West Knoll Road Beaumont, CA 92223
Owner. City of Beaumont
Thraugh Date: 8/3'/2023
Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor orservice provided, or equipment or material delivered, pursuantto a written change order that has been fully executed by the parties prior to the date thatthis document Is signed by the daimant, are waived and released by this document, unless listed as an Exception below. This document Is effective only on the claimant's recalpt of paymentfrom the financial Institution an which the following check Is drawn:

Maker of Check: City of Beaumont
Amount of Check $ 527,726.80
Check Payable to: Kemcorp Construction, Inc.

Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not receive payment. (3) The following progress payments for which the claimant has prevlously given a conditional waiver and release but has not received payment
Date(s) of waiver and release: 7/3'1/2023
Amounts) of unpaid progress payment(s): $ $499,586.20
(4) Contract rights, including (A) ' ght based on rescission, abandonment, or breach of contract, and (B) the right to recovercompensatton forwo o compensated bythe payment
Signature
Claimant's Signature:

Claimant's Title:

Date of Signature:
,Rage 465of718

CITY OF BEAUMONT

BEAUMONT PUBLIC IMPROVEMENT AUTHORITY
REQUISITION #080

TRUSTEE STATEMENT TO SUPPORT AVAILABLE FUNDS

Page 466 of 718 ends

ZIONS BANK
Statement of Account
January 1, 2024 Through January 31, 2024
Beaumont CFD 2016-1 Fairway 2019 Acq Con
Account Number:

City of Beaumont Community Facilities District No. 93-1 550 East 6th Street
Beaumont, CA 92223
Please contact your administrator - Jacqueline Nowak
with any questions concerning your account.

Confidential And Privileged Information

Page 467 of 718 ends

January 01, 2024 through January 31, 2024
Account Name : Beaumont CFD 2016-1 Fairway 2019 Acq Con Account No :

Cash Reconciliation
Income Principal
Opening Balance January 1, 2024
Receipts
$ 0.00 $ 0.00
Sales 0.00 0.00
Interest 0.00 0.00
Dividends 0.00 30.60
Other Receipts 0.00 22.98
Collective Fund Earnings 0.00 0.00
Transfers 0.00 0.00
Total Receipts

0.00 53.58
Disbursements
Purchases 0.00 0.00
Fees 0.00 0.00
Other Disbursements 0.00 0.00
Transfers 0.00 0.00
Total Disbursements
Net Cash Management
Closing Balance January 31, 2024

0.00 0.00

0.00 -53.58
S 0.00 $ 0.00
Cash Reconciliation (2 cot) - SUMCT81 Page 2

Page 468 of 718 ends

January 01, 2024 through January 31, 2024
Account Name : Beaumont CFD 2016-1 Fairway 2019 Acq Con Account No :

Portfolio Summary
January 31, 2024
Portfolio
°/0
Market Projected Current
Value Income Yield
Cash & Equivalents
1C0.00% 13,016.91 658.53 5.06%
Total Portfolio
Accrued Income
Total Market Value
100.00 % 13,016.91 658.53 5.06%

55.86 13,072.77
Port Sum and Hold w Accruals - ACRHLD Page 3

Page 469 of 718 ends

January 01, 2024 through January 31, 2024
Account Name : Beaumont CFD 2016-1 Fairway 2019 Acq Con Account No :

Holdings
Shares / PV Asset Description Cost Price Market Est Ann Inc Yield Acc Income Money Market Funds - Taxable
13,016.91 Fidelity Treasury Portfolio II FCEXX 13,016.91 1.00 13,016.91 658.53 5.06% 55.86 13,016.91 * *Sub Totals * * 13,016.91 13,016.91 658.53 5.06% 55.86 13,016.91 * * Grand Totals * * 13,016.91 13,016.91 658.53 5.06% 55.86 Cash Summary
Principal Cash 0.00
Income Cash 0.00
Invested Income 0.00
Port Sum and Hold w Accruals - ACRHLD Page 4

Page 470 of 718 ends

January 01, 2024 through January 31, 2024
Account Name : Beaumont CFD 2016-1 Fairway 2019 Acq Con Account No :

Account Transactions
Date Description Income Principal Carrying Value
Starting Balances
Dividends
01/02/2024 Dividend
Fidelity Treasury Portfolio II FCEXX
Interest From 12/01/2023 To 12/31/2023
Sub Total
Receipts
01/11/2024 Cash Deposit
Miscellaneous Receipt
Received from prior trustee.

Sub Total
Cash Management
01/02/2024 Sweep - Buy
Fidelity Treasury Portfolio II FCEXX

30.6 Par Val @ $1.00
01/12/2024 Sweep - Buy
Fidelity Treasury Portfolio II FCEXX

22.98 Par Val @ $1.00
Sub Total
Ending Balances
$ 0.00
$ 0.00 $ 12,963.33

30.60 0.00 30.60 0.00

22.98 0.00 22.98 0.00
-30.60 30.60
-22.98 22.98

0.00 -53.58 53.58

0.00 $ 0.00 $ 13,016.91
Transactions (3 cof) - TRNTNT8 Page 5

Page 471 of 718 ends

January 01, 2024 through January 31, 2024
Account Name : Beaumont CFD 2016-1 Fairway 2019 Acq Con Account No :

Corporate Trust Services provided by Zions Bancorporation, N.A.

Statement Disclosures & Other Important Information
Please review your statement promptly and report any discrepancies immediately to your account administrator listed on the first page.

Market value information (including accrued income) furnished herein has been obtained from sources that Zions Bancorporation, N.A. believes to be reliable. Zions Bancorporation, N.A. makes no representation, warranty or guarantee, express or implied, that any quoted value necessarily reflects the proceeds that may be received on the sale of a security or asset. Securities and asset prices may vary from actual liquidation value and should only be used as general guide to portfolio value. Prices are received from various pricing services. However, pricing services are sometimes unable to provide timely information. Where pricing sources are not readily available, particularly on certain debt securities, estimated prices may be generated by a matrix system taking various factors into consideration.

Securities, including mutual funds, are not bank deposits and are not FDIC insured, nor are they obligations of or guaranteed by Zions Bancorporation, N.A., its affiliates or of any federal or state government or govemment sponsored agency. Securities, including mutual funds, involve investment risks, including the possible loss of the principal amount invested.

Statement Letter Page 6

Page 472 of 718 ends

BEAUMONT FINANCING AUTHORITY
LOCAL AGENCY REVENUE BONDS 2019 IA 16-2

ACCOUNT NUMBER

WRITTEN REQUISITION OF BEAUMONT FINANCING AUTHORITY
NO. 081
The undersigned is an Authorized Representative of the City of Beaumont, Beaumont Financing Authority (the "BFA") and hereby requests Zions Bank, Corporate Trust (the "Trustee"), pursuant to a resolution adopted by the City Council of the City of Beaumont (the "City"), acting as the legislative body of the Beaumont Financing Authority and a Bond Indenture, dated as of September 5, 2023 by and between the Beaumont Financing Authority and Zions Bank, Corporate Trust as trustee (the "Trustee"), to pay to the Persons listed on Schedule I attached hereto, the amounts shown for the purposes indicated from the Acquisition Fund established and maintained under the Indenture.

The BFA hereby certifies that (a) each obligation mentioned therein is a proper charge against such Acquisition Fund and has not previously been disbursed by the Trustee from amounts in such Acquisition Fund, (b) all conditions precedent with respect to such disbursement haven 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, (d) this request meets the requirements of the Indenture.

All paymgnts 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:

BEAUMONT FINANCING AUTHORITY
c/o CITY OF BEAUMONT
By:

Authorized Representative

Page 473 of 718 ends

SCHEDULE I

WRITTEN REQUISITION OF THE BEAUMONT FINANCING AUTHORITY Name/Address (Wire/Check) Amount Purpose

CITY OF BEAUMONT
Wells Fargo
ABA
Acct $35,493.53 In accordance with Potrero Fire Station Project, and Proceeds from 2019, Local Agency Revenue Bonds:

1. Kemcorp Construction —
Invoice 13* $35,493.53 partial
Total Payment $35,493.53
Payment does not exceed available acquisition funds
of $45,224.39
City yvill process payment directly to contractor, Kemcorp Construction. Instructions have been provided to City with documentation received to support the costs being claimed, enumerated above.

Page 474 of 718 ends

CITY OF BEAUMONT

BEAUMONT PUBLIC IMPROVEMENT AUTHORITY
REQUISITION #081

SUPPORTING DOCUMENTATION

Page 475 of 718 ends

City of Beaumont
Requisitions for Fire Station Project
As of 6/13/2023 Allocated Amount 3,984,954.84
Requisition 8
Bond Issue Amount Available Amount Calimed Remaining Amount Notes 2012A IA 8C 2,74139 2,741.39 Refunded, not available
2012B IA 20 1,142,226.75 289,054.24 853,17251 Refunded, not available Date Amount Remaining Balance 2012C IA 7B 14,741.41 14,744.34 (2.93) 48 3/11/2021 55,725.50 3,929,229.34 2012C IA 7C 16,144.96 16,148.58 (3.62) 59 6/7/2021 137,374.83 3,791,854.51 2013A IA 19C 9,926.81 9,928.66 (1.85) Balance in acct Amt not for project 60 6/7/2021 14,744.34 3,777,110.17 2015C IA 18 893,515.84 893,515.84 - 121050-005 7,302.31 7,302.31 61 6/7/2021 16,14858 3,760,96139 20150 IA 16 1,845,470.65 1,845,470.65 - 121052-005 134,987.95 134,987.95 62 6/7/2021 9,928.66 3,751,032.93 2018A IA 7B 447.95 447.95 - 121021-036 468.13 468.13 66 9/22/2021 12,470.13 3,738,562.80 2018A IA 7D 6,768.58 6,768.58 • 132553-008 7,066.75 7,066.75 70 1/24/2022 31,103.90 3,707,458.90 201914 164 12,261.10 12,261.10 • 134436-008 12,803.68 12,803.68 71 5/12/2022 15,020.18 3,692,438.72 20191A 16-2 42,675.35 35,493.53 7,181.82 136806-007 44,562.14 37,380.32 72 9/30/2022 37,359.70 3,655,079.02 2019 IA 16-4 23,395.12 23,395.12 138228-007 24,483.54 1,088.42 Bond Refund 11/30/2022 861,121.37 2,793,957.65 201,09736 73 6/13/2023 853,871.57 1,940,086.08 (25,360.35)
74 9/6/2023 1,309,998.59 630,087.49 175,737.21
75 11/1/2023 39,644.27 590,443.22
76 11/1/2023 486,235.94 104,207.28
77 2/15/2024 49,236.12 54,971.16
78 2/15/2024 447.95 54,523.21
79 2/15/2024 6,768.58 47,754.63
80 2/15/2024 12,261.10 35,493.53
81 2/15/2024 35,49333 (0.00)

Page 476 of 718 ends

APPLICATION AND CERTIFICATE FOR PAYMENT
PAGE 1 OF 5 PAGES
OWNER: City of Beaumont
550 E. Sixth Street
Beaumont, CA 92223
CONTRACTOR: Kemcorp Construction, Inc.
2060 E. Locust Street, Unit G
Ontario, CA 91761
PROJECT: #CIP 2017-028, Westaide Fire Station
2000 West Knoll Road
Beaumont, CA 92223
VIA (ARCHITECT): CEDG Architects
401 E. ColumbIa Avenue
Pomona, CA 91767
CONTRACT FOR: Construction of fire station and associated site improvements APPLICATION NO:

PERIOD TO:

CONTRACT NO:

CONTRACT DATE:

PURCHASE ORDER # ' 22/231338
13 Distribution to:
08/31/23 0 OWNER
CIP 2017-028 [] ARCHITECT
08/02/22 0 CONTRACTOR

CONTRACTOR'S APPLICATION FOR PAYMENT
Appbcat an )r made for Payment, as shown below, in connection van trio Contract. CentiwaJon Sheet attached.

1. ORIGINAL CONTRACT SUM $ 7,475,000.00

2. Net Change by Change Orders $ 450,766.72

3. CONTRACT SUM TO DATE (Line 1 & 2) $ 7,925,766.72

4. TOTAL COMPLETED & STORED TO DATE $ 4,458,116.91
(Cdumn G on Continuation Sheet)

5. Retainage:
a, 5% of Completed Work $ 722,905.85
(Column D + E on continuation Sheet)
b. 5% of Stored Material
(Column F ott Continuation Sheet)
Total retalnage (Lino 5a - 5b or
(Total in Column I on Continuation Sheet) $ 222,905.85

6. TOTAL EARNED LESS RETAINAGE $ 4,235,211.06
(Line 4 loss Lino 5 Total)

7. LESS PREVIOUS CERTIFICATES FOR PAYMENT
(Lino 6 from prior Certificate)
B. CURRENT PAYMENT DUE

9. BALANCE TO FINISH, INCLUDING RETAINAGE
(tine 3 toss Line 6) $3,690,555-66
3,707,484.26
$
527,726.80

CHANGE ORDER SUMMARY

ADDITIONS

DEDUCTIONS
Total changes approved In previous
Months by Owner

SEE ATTACHED SOV
Total Approved this Month
TOTALS
NET CHANGES by Change Ordor
$450,766.72
C1P2017-028 FS No. 106
PO 22123 1338 PO Amount $7,925766.72
Current invoice amount $527,726.80`
Retention: $27,775.09
Remaining after paid (includes retention): $3,972,216.69

Page 477 of 718 ends

Trio and ralaned Contrtdor codifies that to trio best er trio Contractor's knowlodpo, InSomnatfcn enU belief the Work covered by trite Application for Payment Fries
vfttcrt pro
duo.

By:

Kemc
Jaso
Owner
on oamp:eted In accertlanco with trio Contract Docurronto, that al rmotcds hovo boon paid by tho Ccnbactorfor Work for tee for Payma t ware Wmuad and payments received from trio C;mor, and thot current payment shown herein is now Date: 08131/23
truction, Inc., General Construction Contractor
er, Project Manager
By: Date:

City of Beaumont, Jeff Hart, Public Works Director
By:

City of Beaumont, Robe estal, Public Works Assistant Director In accctdence with the Contract Dowmonls, lased on otreeto observations and 1ho data comprising this application. the above Architect certitas to the Owrwr that to the bast of the Architect'a knoHledgo, Information end belief the Wodt has Frogreased as Indkated, the quoity of the Work Is in accordance elth Frio Contract Documents, and the Contractor Is err.;tlod to payment of the AMOUNT CERTTFED.

Date: 10/16/2023

AMOUNT CERTIFIED
$ $ 527,726.80
(Attach explanation Demount carttilo..' ors fom the amount appLvd for. In'tlo! oe rrywas on this Appticatrcn and on The Eontnuotkon Shoct that are changed to conform to 1 . amo . 1 cartflod.)
ARCHITECT: CDE' Arc• hoots, Erik G. Peterson
By:

This Corti
arc
Date:
t negatabla. Tho MOUNT CERTIFIED Is payable only to the Contractor nomad herein. Issuance, payment and nt aro without pratudlca to any rtptta o(aw Owntx or Contractorurtdtr the Contract.

CONTINUATION SHEET'
AIA Docgmont0702, APPUCAT1ONAND CERTIFICATE FOR PAYMENT, caritalntng CanIractora signed Carttflc tIon, laaitsChed.

In tabulations below; amounts are stated to the nearest dollar.

Use Column 1 en Crneads where vernal° stains$° for llnaitemms may apply.

AIADOCUMENT G703

Page 2 of 6 ends

APPLICATION NO.: 13
PERIOD TO: 8/31/2023
PROJECT NO.:

A
B
a
a 1 E
F
G
H
1 WORK COMPLETED

MATERIALS
TOTAL

BALANCE

RETAINAGE
ITEM
NO

SCHEDULED

FROM PREVIOUS

PRESENTLY

COMPLETED
TO
(IF VARIABLE

DESCRIPTION OFWORK

SUBCONTRACTOR
VALUE

APPLICATION

THIS PERIOD
STORED

AND STORED
%
FINISH
RATE)
(D+E)
(NOT IN

TO DATE
(G1C)
(C -G)
D ORE)
(D+E+F)
General Reaukraments
10000
General Contractor%Bmrds 1%
$74,700.00
74,700.00

0.00 0,00
74,700.00
100%

0.00 10010
General Co tractor% Inaruance 1%
$74,7(30.00
74,760,00

0.00 0.00
74,700.00
10095
0,00
10020
General Co tractor's Mobilization 1%
$74,700.00
74,700,00
0:00

0.00 74,700.00
100%

0.00 10030
General Conditions (12 months
$30K)
$360,000.00
300,000.00
30,000.00

0.00 330,000.00
92%
30,000,00
10040
Subcontrar r% Banda .5%
$37,300.00
37,300.00

0.00 0,00
37,900.00
100%
0,00
10050
Sub rslnsurance.5%
$37,300.00
37,36000

0.00 0.00
37,300.00
100%

0.00 10060
Subcontractor'%Mobftzetian.5%
$37;800.00
37,300.00

0.00 0.00
37,300.00
100%

0.00 10070
Satunittata
$37,260.00
37,200,00

0.00 0,60
37,200.00
100%

0.00 10080
As-Bullts, Warranties, 0&M Manuals,
Close Out Doc%
$20,600.00

0.00 0.00

0.00 0,00
0%
20,000.00
10090
DernobElzatart
$5,000.00

0.00 0.00

0.00 0.00
0%
5,000.00
Si arse Materials
10100
DeUverFramingLumbar
$400,000.00
400,000.00

0.00 0.00
400,000.00
100%

0.00 10110
Fab &De[tverCasawarh
$225,000.00

0.00 0.00

0.60 0,00
0%
225,000.00
10120
Fab & Deliver FObarglasa Windows
575,000,00

0.00 0.00

0.00 0.00
0%
75,000.00
10130
Delver & Store HM Doors, Frames and HW
;100,000.00

0.00 20,000.00

0.80 20,080.00
20%
80,000.00
10140
Deliver & Store OH, Cai0n0, & Folding
Doan
$100,000.00

0.00 50,000.00

0.00 50,000.00
50%
50,000.00
10130
Deliver PlumbingFixtures
5100,000.00

0.00 0.00

0.00 0.00
056
100,000.00
10160
Feb & Deliver HVAC Equtgrnent
5100,000.00
100,000.00

0.00 0.00
100,000.00 '
100%

0.00 10170
Fab & Deliver Electrical
5280,000.00

70.000.00

0.00 0.00
70,000.00
35%
130,000.00
fouLkeliggi
100000
Surveyeifsks work
520,000.00
20,000.00

0.CD

0.06 20,060.00
100%

0.00 100010
Dema8Won
$15,000.00
15,000.00

0.00 0.00
15,000.00
100%

0.00 100020
Inetati Fire Una and Rre Hydrant
$76,000.00
0,00

0.00 0.00

0.00 0%
75,000,00
100030
Instal Domestic Water and trrtgatian Water Urea
$25,000.00

0.00 0.00

0.00 0.00
0%
25,000.00
100040
unstop Sewer Lines
512 ,060.00
125,000.00

0.00 0.00
125,000.00
100%

0.00 100050
Patch Concrete Curbs & Walkways
510,000.00
10,000.00

0.00 0.00
10,000.00
100%

0.00 100060
Patch Azphaft
510,000:60
5,000.00

0.00 0.00
5,000.00 '
60%
6,000.00
100070
RapalrLandseaping
15,000.00
5,000.00

0.00 0.00
5,060.00
100%

0.00 100060
Contractor punch List
$3,000.00

0.00 0.00

0.00 0.00
0%
3,000.00
100030
Cwater Punch list
53,000.00

0.00 0.00

0.00 0.00
0%
3,000.00
Malta
101000
BWPPP
$50.000.60
50,000.00

0.00 0.00
50,000.00
100%

0.00 101010
Surveying
515,000.00
11,250.00
1,500,00

0.00 12,750.00
85%
2,250,00
101020
Site Demolition
525,000.00
25,000.00

0.00 0.00
25,000.00
100%

0.00

Page 478 of 718 ends

A
B
0 D E
F
G
It
1 WORK COMPLETED

MATERIALS
TOTAL.

BALANCE

RETAINAGE
ITEM
8CtiEDULEb

FROM PREVIOUS
PRESENT?

COMPLETED-
-
TO-
(IFVARIABLE
NO

DESCRIPTION OF WORK

SUBCONTRAOTOR
VALUE

APPLICATION

THIS PERIOD
STORED

AND STORED
%
FINISH
RATE)
(D 4-E)
(NOT IN

TO DATE
( C)
(0-0)

D OR E)
(D+E+F)
101030
Export Soils
5150,000.00
180,000.00

0.00 0.00
150,000,00
100%

0.00 101040
Rough Grading (Ste & Pad)
$260,000.00
250,000,00

0.00 0.00
250,000.00
100%

0.00 101050
Bite U0lltles (Storm IDtatn)
$360,000,00
70,000.00

0.00 0.00
70,000.00
20%
280,000.00
101000
Site Utilities (Water)
$76,000.00
56,260.00
15,000.00

0.00 71,250.00
05%
3,750.00
101070
Site Utilities (Gas)
55,000,00

0.00 0.00

0.00 0,00
055
5,000.00
101080
Slta Ut111de0 (Sewar)
550,0130.00
80,000.00

0.00 0,00
50,000,00
100%
0,00
101090
Site Utilities (Electrical)
5100,000.00
20,000.00

0.00 0.00
20,000,00
20%
80,000.00
101100
Install Irrigation Steams
510,000.00

0.00 0.00
0,00
0,00
0%
10,000.00
101110
Dig and Pow Retairdng Wall & Trash Ehduaure Postings
$35.000.00
35,000.00

0.00 0.00
35,000.00
1001

0.00 101120
Site CMU
575,000.00
75,000.00

0.00 0.00
75,000.00
100%

0.00 101130
Bacl<d0 sae CMU Wail
525,000.00
25,000,00

0.00 0.00
25,000.09
100%
0,00
101140
&La Concrete V gutters
525,000.00

0.00 0.00

0.00 0.00
0%
25,000.00
101150
Install Fencing
$150,000.00
7,600.00

0.00 0.00
7,500.00
5%
142,600.00
101180
Site Concrete Curbs & Rarnpa
$20,000.00

0.00 0.00

0.00 0.00
0%
20,000.00
101170
Site Concrete Wa0<waya
5100,000.00

0.00 0.00

0.00 0.00
0%
100,000.00
101180
Install Bike Rack
51,000.00

0.00 500.00

0.00 500.00
50%
500.00
101190
Install Flagpole
510,000.00

0.00 0.00

0.00 0.00
095
10,000.00
101200
Instail Site Light Pole Bases
$10,000.00

0.00 0.00

0.00 0.00
0%
10,000.00
101210
Install PrapanaTank
$15,000.00
0,00

0.00 0.00

0.00 095
15,000.00
101220
Install Diesel FuoIlrezi Station
$100,000.00

0.00 0.00

0.00 0.00
0%
100,000.00
101230
site Asphalt
$40,000.00

0.00 0.00

0.00 0.00
095
40,000.00
101240
Site Concrete 8° Vehicle Paving
5100,000.00

0.00 0.00

0.00 0.00
095
100,000.00
101250
Instal] Irrigation
$40,000.00

0.00 0.00

0.00 0.00
095
40,000.00
101200
Install Landscaping
$35,000.00

0.00 0,00

0.00 -

0.0D
095
35,000.00
101270
StrlpsParking lot
58,000.00

0.00 0.00
0130

0.00 095
5,000.00
10t280
Install Me Cmdnvts and Treats
5125,000.00
02,500.00
62,500.00

0.00 125,000.00
100%
0130
101200
Mats!! Post/Package Box
53,600.00
0,00
1,750.00

0.00 1,750.00
50%
1,760.00
101300
Contractor Punch Lest
$5,000.00

0.00 0.00

0.00 0.00
0`b
5,000.00
101910
Owner Punch List
55,000.00

0.00 0.00

0.00 0.00
095
5,000.00
-
BuIldItm A Construction
102000
install Under slab utll0tas (Wet)
$75,000.00
75,000.00

0.00 0.00
75,100.00
10015

0.00 102010
install Under Sleb Utines (Dry)
$25,000.00
26,000.00

0.00 0.00
25,000.00
1130%

0.00 102020
Trenching farFoottngs
520.000.00
20,000.00

0.00 0.00
20,000.00
10055

0.00 102030
Install Reber etFoctinga
526,000.00
25,000.00
000

0.00 26,000.00
100%

0.00 102040
Pour Footings
580,000.00
80,000.00

0.00 0.00
80,000.00
10095

0.00 102050
Prep Pad for SOG
530,000.00
30,000.00

0.00 0.00
30,000.00
100%

0.00 102080
Install RebarforSOG
$20,00000
20,000.00

0.00 0.00
20,000.00
100%

0.00 102070
Pour Slab on Grads
$80,000.00
80,000.00

0.00 0.00
80,000.00
100%

0.00 102080
Frame Watts
575,000.00
76,000.00

0.00 0.00
75,000.00
100%

0.00 102090
SetVis & Gtue Lam Beams
560,000.00
60,000.00

0.00 0.00
50,000.00
100%

0.00 102100
Frame Roar Parapet Walla & Roof
550,000.00
30,000.00

0.00 0.00
50,000.00
10096

0.00 102110
Block and Sheath
525,000.00
25,000.00
0,00

0.00 26,000.00
100%

0.00 102120
Rough FlrmSpdrkiars
515,000.00

0.130

0.00 0.00

0.00 0%
15,000.00

Page 479 of 718 ends

A
0 C
D 1 E
F
0 11
I
ITEM
NO
DESCRlPT10N OF WORK

SUBCONTRACTOR

SCHEDULED
VALUE

WORK COMPLETED

MATER/ALS
TOTAL
%
(Gl0)

BALANCE
T4
FINISH
(C -G)
REFA1NA13E
{iFVARWBEE
RATE)
FR0MPREVt©tJI}

APPLICATION
(r) +E)
-

THIS PERIOD
?RESSOL-Y
STORED
(NOT IN
D ORE)
COMPL it�i

AND STORED

TO DATE
(Di•E4F)
102130
Rough Plumbing
$40,000.06
8,000.00
20,000.00

0.130
28,600.00
70%
12,000.00
102140
Rough Mechanical
$70,000.00
70,000,40

0.00 0.00
70,000.00
100%

0.00 102150
102180
Rough Electrical
Rough Low Voltage
650,000.00
$'(00,000.00
12,500.00
25,000.00
40 00

0. 0.00
65,000.00
65,000.00
65 65%
35,000.00
35,000.00
102170
Install Built up Reef
$28,000.00
0,00
23,750,60

0.00 28,750.00
B8%

1.250.00
102180
Instal Tile Root
550,000.03

0.00 32,500.00

0.00 32,500.,00
65%
17,500,00
102100
Instep SM Wail Panels, Flashfrtgs, Gutters $ Datnspeuls 620,000.00

0.00 10,000.00

0.00 10,000.00
50%
10,000.00
102200
Install HM Frantas
$1.000.00

0.00 1,000.00

0.00 1,000.00
100%

0.00 102210
Install Fiberglass Wtrt4o a
$15,000,00

0.00 0.00
0,03

0.00 0%
16,000.00
102220
Plaster Extertor
5126,000,00

0.00 25,000.00

0.00 25,000.00
20%
100,000.00
102230
Pakdbderior
520,000.00

0.00 0.00

0.00 0.00
0%
20,000.00
102240
Instal Insulation
520,000.00
0,00
0,00

0.00 0.00
0%
20,000.00
102250
Drywall Walls
520,000.03

0.00 0,00

0.00 0.00
0%
20,000.00
102280
Taps Walls
58,000.00

0.00 0.00

0.00 0.00
0%
5,000.00
102270
Frame Gypsum Cuttings
510,000.00

0.00 0.00

0.00 0.00
0%
10,000.00
102280
Drywall Cci0ngs
530,000.00

0.00 0.00

0.00 0.00
0%
30,000.00
102260
Tape Callings
515,000.00

0.00 0.00

0.00 0.00
096
15,000,00
102300
IntetiorPaitdin6
55,000.00

0.00 0.00

0.00 0.00
0%
5,000,00
102310
Cemer t8osrd resiroorn wade
55,000.00

0.00 0.00

0.00 0,00
0%
5,000.00
102320
Install Ceramic Tile and Wainscot
540,000.00

0.00 0.00

0.00 0,00
0%
40,400.00
102330
Instill -1M Doors and Hardwara
510,000.00

0.00 0.00

0.00 0.00
036
10,000.00
102340
Install ToiletAcoessories
510,000.00

0.00 0.00

0.00 0.00
0%
10,00000
102350
Install Casework
$80,000.00

0.00 0.00

0.00 0.00
0%
60,000.00
102350
Flash Fire Sprinklers
525,600.00

0.00 0.00

0.00 0.00
0%
25,000.00
102370
Ftnieh Plumbin0
$20,000.00

0.00 0.00

0.00 0.00
0%
20,000.00
102380
Finish Mechanics!
620,000.00

0.00 0.00

0.00 0.00
096
20,000.00
102380
Finish Electrical
525,000.00
0,00

0.00 0.00

0.00 0°%
25,000.00
102400
FUrleh Low Voltage
580.000.00

0.00 0.00

0.00 0,00
0%
60,000.00
102410
Install FulHelghtWall M rmru
$3,000.00

0.00 0.00

0.00 0,00
0%
5,000.00
102420
install Owner Ftanishsd TVs
51,000.00

0.00 0.00

0.00 0.00
0%

1.003.00
102430
Install Ceiling The
510,500.00

0.00 0.00

0.110

0.00 0%
10,500.00
102440
tnate0 RubberFiooring
55,000.00

0.00 0.00

0.00 0.00
0%
5,000.00
102450
Install Carpet 8 Rtdsber Base
$5,000.00

0.00 0.00

0.60 0.00
0%
5,000.00
102480
Podah Canasta Floors
512,000.00
0,00

0.00 0.00

0.00 0%
12,000.00
102470
Insta0 I0tchan Equipment
$35,000,00

0.00 17,500.00

0.00 17,500.00
5096
17,500.00
102400
Install Slgnage
55,000.00

0.00 0.00

0.00 0.00
0%
5,000.00
102480
Install130nds
511,000.00

0.00 0.00

0.00 0.00
D%
11,000.00
102500
Install'Flra Cabinets end E70Ingulsttera
61,50100

0.00 0.00

0.00 0,00
0%

1.500.00
102510
Ftnei churning
61,600.00

0.00 0.00

0.00 0.0t1
0%
1,500.00
102520
ContractorPuncttist
55,000.00

0.00 0.00

0.00 0.00
0%
5,000.00
102530
OwnerPunch iJst
55,000.00

0.00 0.00

0.00 0.00
0%
5,000.00
RUtidimT B Cansbuctlqj
103000
tnste0 Under slab utillttes (Wet) &
Trench Dallas
575,000.00
75,000.00

0.00 0.00
75,000.00
100%

0.00

Page 480 of 718 ends

A
B
C
D E
F
0 li
I

WO RK COMPLETED

MATERIALS
TOTAL

BALANCE
RETAINA13E
ITEM
- --sCHEDULEfl
. FROMPREVIOU$

PRESEN TLY
C OM PLETED.

T�
.(IF VARIABLE
NO

DESCRIPTION OF WORK

SUBCONTRACTOR
VALUE

APPUCATION

THIS PERIOD
STORED

AND STO RED
%
FINISH
RATE)
(0+E )
(NOT IN

TO DATE
(GM)
(0.0)

D OR E)
(D+E+F)
103010
Install Under Slab UtIlOtes (Dry)
325,000.00
26,000. 00

0.00 DLO
26,000.00
100%

0. 00
103020
Trenching far Footings
$20,000.00
20,000.00

0.00 0.00
20,000.00
100%

0.00 103030
Install Rebar at Footings
$215,000,00
25,000. 0D

0. 00

0.40 25,000.00
100%

0.00 103040
PourFoattngs
$60,000. 00
60,000.OD

0.90 0.00
60,000. 00
100%
0,00
103050
Pre p Pad for SOG
$30,000.03
30,000. 00

0.00 0.00
30,000. 00
100%

0.00 103060
Wall Reber for SOG
320,000,00
20,000.00

0.00 0.00
20,000.00
100%
0,00
109070
PeurSlab en Grade
$66,000.00
65,000.00
0,00

0.00 65,000.03
100%

0.00 103080
Frame Wolfe
$75,000.00
75,000. 00

0.00 0.00
76,000.00
100%
0,00
103090
Set Mils A Glue Lam Berme
$75,000. 00
75,000.00

0.00 0,00
75,000.00
100%

0.00 103100
Frame Roof
350,000. 00
50,000.00
0,00

0.00 50,000.00
100%
0,00
103110
Block and Sheath
$25,000. 00
25,000.00

0.00 0,00
25,000.00
100%

0.00 103120
Rou gh Fire Spdnkters
315,000.00

0.00 0.00

0.00 0.00
0%
15,000.00
103130
Rough Plumbing
350,000.00
10,000. 00
15,000.00

0.00 25,000.03
50%
25,000 .00
103140
Ro ugh Mechanical
$60,000.00

0. 00
57,000.00

0. 00
57,000.00
95%
3,000.00
103150
Ro ugh Vahtde Exhaust System
350,000. 00

0.00 0. 00

0. 00
0 .00
0%
50,003.00
103160
Rough Eladdoal
$100,000. 00
10,000.00
10,000.00

0.03 20,030 .00
20%
80,000,00
103170
Rough Lew Voltage
$25,000.03
2,508.00
2,500.00

0. 00
5,000,00
20%
20,000,00
103180
Install Tito Roof
350.000.00

0.00 32,50400

0.00 32,560.00
65%
17,500,00
103180
Indian Gutters & Dawnapouta
$20,000.01
400

5.000.00

0.00 5,000.00
25%
15,000.00
103200
[natal' HM Frames
31,000.00
. 0.00
1,000.00

0.00 1,000.00
10044

0.00 103210
Install Fiberglass Windows
$5,00000

0.00 0. 00
0 .00

0.00 0%
5,000.00
103220
Plaster Ederlor
3125,000.00

0.00 12,500.00

0.00 12,503 .00
10%
112,500.00
103230
Patnt Extorter
$20,000.40

0.00 0.00

0.00 0.00
0%
20,00400
103240
taste!' insula0on
$20,000.00
0,00

0.00 0 .00

0.00 0%
20,000.00
103250
Drywall Wells
320,000.00

0.00 0.00
0 .00

0.00 0%
20,000.00
103280
Tape Walla
310,000.00

0.00 0 .00
0 .00
0,00
0%
10,000.00
103270
Drywall G angs
$20,000.00

0.00 0 .00

0.00 0,00
0%
20,000 .00
103280
Tape Calms
$7,500.00

0. 00

0.00 0.00

0.00 0%
7,500.00
103290
InteriarPelniing
$30,000. 00

0.00 0.00

0.00 0.00
0%
30,000.00
103300
Install HM Dons and Hardware
$5,000.00

0.00 0.00

0.00 0.00
0%
5,000 .00
103310
Install Folding and O verhead Doom
340,000.00

0.00 0 .011
0 .00

0.00 0%
40,O30.o0
103320
Install Casework
$20,000.00
0 .0D
0 .00
0 .00
D.00
0%
20,000.00
108330
Rnlsh Ara Spdnkters
310,000.00

0.00 0.60
0 .00
0,00
0%
10,000.00
103340
FIrdsh Plumbing
320,000.00

0.00 0.00
0 .00

0.00 0%
20,000.00
103350
F1 nish Mechanical
315,000.00

0.00 0 .00
0 .00

0.00 0%
15,000.00
103360
Finish V ehicle Exhaust System
325,000.00
0 .00

0.00 0.00

0.00 0%
25,000 .00 -
103370
Frrdsh Electrical
325,000.00
0 .00
0 .00

0.00 0.00
0%
25,000 .00
103380
FtrdshLow Vamp
315,000 .00

0.00 0 .00

0.00 0.00
0°,5
15,000,00
103390
h ad Map Baird
$600,00
0 .00

0.00 0.00

0.40 096
500.00
103400
Install EpoxyFteorarg
$12,000.00
0 .00

0.00 0.00

0.0o
0%
12,000.00
103410
Install Generator
$60,000.00
0 .00
0 .30
0 .00
0 .00
0%
60,000.00
103420
Caardtnate OFOI Extractor and Dryer
3500.00

0.00 0.00

0.00 0.00
0%
600.00
103430
b sta0 Gear Lonyeri
$15,000,00

0.00 0 .00

0.00 0.00
0%
15,000.00
103440
Install Ira M actdne
310,000 .00

0.00 0.00

0.00 0 .00
046

10.000.00

Page 481 of 718 ends

81- L JO Z8i7 aged
_ A
B
C
D 1 E
F
0 11
I

WORK C OMPLETED

MATERIALS
TOTAL

BALANCE

RETAINAGE
ITEM
.

SCHE DULED
fROMPREVIOUS

PRESEPFFLY

COMPLETED
TO
(1F VARIABLE
NO

DESCRIPTION OF WOR K

SUBC ONTR ACTOR
VALUE

APPLICATION

THIS PERIOD
STORED

AND STORED
%
FINISH
RATE)
(D + E)
(N OT IN

TO DATE
( 010)
(0. 0)

D OR E)
(D+E+F)
103450
metal Signage
$5,000,00

0.03 0 .00

0.00 0 .00
0%
5,000.00
103480
Install Blinds
$4,030 ,00

0.00 0.00

0.00 0.00
0%

4.000.00
103470
Instal Fire Cabinets and Extinguishers
$500.00
0 .00

0.00 0.00

0.00 0%
500.00
103480
Final Clearing
$1,500.00

0.00 0.00

0.00 0,00
0%
1,500.00
103490
Contractor Punchllst
$3,000,00

0.00 0.00
0 .00

0.00 0%
5,0113.00
103500
O rmar Punch List
$5.000,00

0.00 0.00

0.00 0.03
0%
5,033.00
BuUd)na 0 armstruc8lart
104030
Install Under slab utgilles (Wet)
55,000,03
6,030 .00

0.03 0.00
5,000.30
100%

0.00 104010
install Under Slab UtllUaa (Dry)
51,000.03
1,300.00
0 .03
0 .00
1,000.00
100%

0.00 104020
Tren ching fo r Footings
$3,000.00
3,0110.00

0.03 0.00
3,003.00
100%

0.00 104030
Install Ratar at Footings
58,000 .00
3,000.00

0.00 0.00
3,000.00
100%

0.00 104040
pour Footin gs
$5.000 .00
5,000.00
0 .00

0.00 5,000.00
103 %
0 .00
104050
Prep Pad for SOO
$15,000.00
45,000.00

0.03 0.00
15,000.00
100%

0.00 104000
install R ebar for 80E
$15,000.00
15,000.00

0.00 0 .00
15,000.00
10096

0.00 104070
Pour Slab on G rade
$17,000.00
47,000,00

0.00 0.00
17,000.00
100%

0.00 1040(10
Flame Walls
$5,000.00
5,000.00

0.00 0 .00
5,000.00
103%

0.00 104000
Set T.11s R Glue Lam Baame
55,000 .00
5,000.00

0.30 0 .00
5,000 .00
100%

0.00 104103
Frame Roof
$5,000.00
5,000 .00

0.00 0 .00
5,000.00
10396

0.03 104110
Block and She ath

52.000.00
2,030.00

0.00 000
2,000.00
100%

0.00 104120
Rough Fire Sprinklers
$2,000.00
0 .00
2,000.00

0.00 2,000 .00
10096

0.00 104130
Rough Electrical
51,000.00
1,003.00

0.00 0.00
1,000.00
10094

0.00 104140
Rough LawV oltaga
$1,000.00
1,000.03

0.00 0.00
1,030.00
100 %
0 .00
104150
In stall Tile Reef
$5,000,00
0,00
3,250 .00

0.00 3,250.00
65%
1 ,750,00
104180
Instal Gutters & Downspouts
5200.00

0.00 0.00

0.00 0.00
0%
200 .00
104170
PlasterErderior
510,000.00
1,030 .00
8,000.03
0 .00
8,000 .00
90 %
1,000.00
104180
Paint Exterior
5500.00

0.00 0.00

0.00 0.03
0%
500 .00
104180
install Insulation
51,030.00

0.00 1,000.00

0.00 1,000,00
100%
0,00
104200
Drywall Wails
5500.00
0,00
500 .00

0.00 500 .00
10096

0.00 104210
Tape Wats
$500. 00
0,03

0.00 0.00

0.00 0%
500,00
104220
Install HM Frame, Door and Hardware
51,030. 00
500.00
0 .00

0.00 500.00
6Q%
500.00
104230
Install 030Ing Doo r
55,003. 00

0.00 5.000.00

0.30 5,000.00
10096

0.00 104240
attestarPanting
$500.00

0.00 0.00

0.00 0.03
0%
600.00
104250
Install Ca se work
$2,0(10.03

0.00 0.00
0 .00
0 .00
0%
2,004 .00
104280
Finish Flre Spdaldars
81,000.00

0. 03
1,300.00

0.00 1,000 .00
10096

0.00 104270
Finish Electrical
51,000.00

0.00 0. 00
0 .40
0,00
0%
1,000,00
104280
Finish Low Voltage
$1,000.00

0.03 0.00
0 .00
0,00
0%
1,003.00
104280
Final Cleaning
5100.00

0.00 0.00

0.00 0.00
0%
100.00
104300
C antrardarPzmch3st
$500.00

0.00 0.130

0.00 0.00
0%
600.00
104310
Owner Punch List
$500.00

0. 00

0.00 0.00

0.00 096
500.00
Original Contract Totals
51,475,000.00

3.018,200.00
0/ 4200.03

0.00 4,140,450.00
5596
3,334,1f5 0.00
Chan ge Orderx

A
B
C
D 1 a
F
G
H
I
.

WORK COMPLETED

MATERIALS
TOTAL

BALANCE

RETAINAGE
ITEM

SCHEDULED

FROM PREVIOUS

PRESENTLY

COMPLETED
TO
(IF VARIABLE
NO

DESCRIPTION OFWORK

SUBCONTRACTOR
VALUE

APPLICATION

THIS PERIOD
STORED

AND STORED
%
FINISH
RATE)
(D+ L
NOT IN

TO DATE
(VC)
(C -C3)

D OR E)
(D+E+F)
$1,818.32
1,618.32

0.00 0.00
1,818.32
100%
0,00
CO#1.1, Upsize Wlndcwa In OH Dooju
C .2 �
$178,09280
178,09280

0.00 0.00
178,09280
100%

0.00 CO#14, SGE Conduits $52,07&43
10,415.69
5,201.84
0 00
16,623.53
30%
98,464.80
Mat Switch to Spat Face Block and rats& wag.
$12689,48
22,598.48

0.00 0.00
2,.5$gA8
100%

0.00 C0#7, Add Cortrnete CtOba
$29,694.00
29,694.00

0.00 0.00

29.894.00
100%

0.00 CON, Add Hillside Landacaping
$17,084.44
8,398.44
1,708.44

0.00 11.104.89
6696
5,979.55
CONE, Purchase W6ahers&Dyers
$37,898.18
37,5988.18

0.00 0.00
37,598.18
10096

0.00 COMO, Upgrade --Folding Doom
$11,818.21

0.00 11,818.21

0.00 11,818.21
104%

0.00 CO#11, Add adrkitonal CondueturtoATS and Generator pert $2.696.85

0.00 0.00

0.00 0.00
0%
2,696,85
CO#12, Add 3 each 2` crosdhets and Boxes per RFI 21R1 and $21,029.72

0.00 0.00

0.00 0.00
0%
21,029.72
CO#13, Framing Charges par RF136
$8,138.68
0,00
6138.88

0.00 6,138.98
100%

0.00 CO#t14, Add Bin-rateadnn Sarin deta0 In per RFI 05 and P.rchi $66,53273

0.00 0.00

0.00 0.00
096
98,532,73
CO#15, Add 2 cotorptastarstucco to block rotalienn well end $8.121.18

0.00 7.715.10

0.00 7.715.10
95%
408.08
CO#18, Cry to switch to PVC pipe
and ittin9a
($4,336.38)

0.00 (4,336.38)

0.00 (4,338.33)
100%
0,00
Aonrovad Thla Mc nth Ij
Change Order Totals
$450.768.72
$289,415.01
$28,251.60
$0.00
$317,686.91
5133.089.61
Total (Or181ng1 Contract 4. Clos)
$7.925,768.72
3,902,015.01
555,501.80

0.00 4,458,110.91
56%
3,487,649.81

Page 483 of 718 ends

CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
(Pureuamto California Civil code §8i32)
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying information
Name of Claimant: Kemcorp Construction, Inc.

Name of Customer. City of Beaumont
Job Location: 2000 West Knoll Road Beaumonf, CA92223
Owner. City of Beaumont
Through Date: 8(31/2023
Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this Job through the Through Date of this document Rights based upon labor orservice provided, or equipment or material delivered, pursuantto a written change order that has bean fully executed by the patties prior to the datethatthis documentls signed by the claimant, are waived and released by this document, sinless listed as an Exception below. This documentls effective only on the claimant's receipt of payment from the financial institution on which the following check Is drawn:

Maker of Check City of Beaumont
Amount of Check $ 527,726.80
Check Payable to: Kemc o p Construction, Inc.

Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has notrecelve payment. (3) The fallowing progress payments for which the claimant has previously given a conditional waiver end release but has not received payment
Date(s) of waiver and release: 7/31/423
Amounts) of unpaid progress payment(s): $ $499,586.20
(4) Contract rights, including (A) : ' ght based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work o compensated bythe payment Signature
Claimant's Signature:

Claimant's Title:

Date of Signature:

Rage 484 of 718

CITY OF BEAUMONT

BEAUMONT PUBLIC IMPROVEMENT AUTHORITY
REQUISITION #081

TRUSTEE STATEMENT TO SUPPORT AVAILABLE FUNDS

Page 485 of 718 ends

ZIONS BANK
Statement of Account
December 1, 2023 Through December 31, 2023
Beaumont CFD 2016-2 Sundance 2019 Acq Co
Account Number
City of Beaumont Community Facilities District No. 93-1 550 East 6th Street
Beaumont, CA 92223
Please contact your administrator - Jacqueline Nowak
with any questions conceming your account.

Confidential And Privileged Information

Page 486 of 718 ends

December 01, 2023 through December 31, 2023
Account Name : Beaumont CFD 2016-2 Sundance 2019 Acq Co Account No :

Cash Reconciliation
Income Principal
Opening Balance December 1, 2023
Receipts
f 0.00 f 0.00
Sales 0.00 0.00
Interest 0.00 0.00
Dividends 0.00 0.00
Other Receipts 0.00 45,117.71
Collective Fund Earnings 0.00 0.00
Transfers 0.00 0.00
Total Receipts

0.00 45,117.71
Disbursements
Purchases 0 00 0 (V
Fees 0.00 0.00
Other Disbursements 0.00 0.00
Transfers 0.00 0.00
Total Disbursements 0.00 0.00
Net Cash Management 0.00 -45,117.71
Closing Balance December 31, 2023
f 0.00 f 0.00
Cash Raconclaot!on (2 coq - SUMCTDI Page 2

Page 487 of 718 ends

Decombor 01, 2023 through December 31, 2023
Account Name : Beaumont CFD 2016-2 Sundance 2019 Acq Co Account No Portfolio Summary
December 31, 2023
Portfolio
Market Projected Current
Value Income Yield
Cash & Equivalents
100 00% 45,117.71 2,292.37 5.08%
Total Portfolio
Accrued Income
Total Marker Value
100,00 % 45.117.71 2.292.37 6.08%
108.68
46,224.39
Port Sum and Hold w Accruals - ACRHLD Pogo 3

Page 488 of 718 ends

December 01, 2023 through December 31, 2023
Account Name : Beaumont CFD 2016.2 Sundance 2019 Acq Co Account No Holdings
Shares / PV Asset Description Cost Price Market Est Ann Inc Yield Acc Income 45,117.71
45,117.71
46,117.71
Money Market Funds - Taxable
Fidelity Treasury Porta° II FCEXX
* • Sub Totals * •
• • Grand Totals • •
Principal Cash
Income Cash
Invested Income
45,117.71 1.00 45,117.71 2,292.37 5.08% 106,68
46,117.71 46,117,71 2,292.37 6.08% 106.68
46,117.71 46,117.71 2,292.37 6.08% 106.68
Cash Summary

0.00 0.00

0.00 Port Sum end Hold w Accruals - ACRHLD Page 4

Page 489 of 718 ends

December 01, 2023 through December 31, 2023
Account Name : Beaumont CFD 2016-2 Sundenco 2019 Acq Co Account No :

Account Transactions
Date Description Income Principal Carrying Value
Starling Balances
Receipts
12/15/2023 Cash Deposit
Miscellaneous Receipt
Received from prtor Trustee.

Cash Management
12/15/2023 Sweep - Buy
Fdel.ty Treasury Portfolio II FCEXX
45117.71 Par Val a 5100
f 0.00
$ 0.00 s 0.00
45,117.71
Sub Total 0.00 45,117.71 0.00
-45,117.71 45,117.71
Sub Total 0.00 .45,117.71 45,117.71
Ending Balances f 0.00 f 0.00 f 45,117.71
Transectlona (3 coi - TRNTNTs Page 6

Page 490 of 718 ends

December 01, 2023 through December 31, 2023
Account Name : Beaumont CFD 2016-2 Sundance 2019 Acq Co Account No Corporate Trust Services provided by Zions Bancorporation, N.A.

Statement Disclosures & Other Important Information
Please review your statement promptly and report any discrepancies immediately to your account administrator listed on the first page.

Securities, including mutual funds, are not bank deposits and are not FDIC Insured, nor are they obligations of or guaranteed by Zions Bancorporation, N.A., its affiliates or of any federal or state govemment or government sponsored agency. Securities, including mutual funds, involve Investment risks, Including the possible loss of the principal amount Invested.

Statement Letter

Page 8 ends

Page 491 of 718 ends

BEAUMONT
- C !� 1 1 0 R "1 A
Staff Report
TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE March 5, 2024
SUBJECT: Request for Destruction of Retention Met Records Description Authorization to dispose of records that have met retention per the adopted retention schedule.

Background and Analysis:

As set forth in the Records Retention Schedule, adopted by City Council on October 2, 2018, certain records have met their retention and are no longer required to be kept on file. An on -going audit of records is being conducted, in which each file of records is being evaluated for retention status based on the contents. Records retention of each file is based on the document with the longest retention. Once a file has met its retention requirement it can be submitted for request of destruction and must be approved by the City Attorney, City Manager, City Clerk and brought to Council for final approval by way of resolution.

The attached request of destruction of certain records has met all approval requirements and is being presented for final approval by Council.

Fiscal Impact:

City staff estimated the cost to prepare this report was $85.

Recommended Action:

Waive the full reading and adopt by title only, "A Resolution of the City of Beaumont Authorizing Destruction of Certain Records in Accordance with the Records Retention Schedule Adopted by City Council."
Attachments:

A. Resolution
B. Exhibit A to Resolution

Page 492 of 718 ends

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY OF BEAUMONT AUTHORIZING

DESTRUCTION OF CERTAIN RECORDS IN ACCORDANCE

WITH THE RECORDS RETENTION SCHEDULE ADOPTED BY

CITY COUNCIL
WHEREAS, on October 2, 2018 the City Council of the City of Beaumont (`City") adopted Resolution No. 2018-51 entitled A Resolution of the City Council of the City of Beaumont, California, adopting a Records Retention Schedule, Authorizing Destruction of Certain City Records and Rescinding Resolutions 2012-01 and 1997-24; and WHEREAS, the City's Records Retention Schedule ("Schedule") establishes a records management system which is a systematic control over the creation, acquisition, processing, use, protection, storage, and final disposition of all recorded information required by a municipal government to effectively conduct its business; and
WHEREAS, as set forth in the Schedule, City staff recommends that the documents described in Exhibit "A" attached hereto be authorized for destruction.

NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont authorizes that staff dispose of the documents described in Exhibit "A" attached hereto as authorized in the City of Beaumont's Records Retention Schedule.

MOVED, PASSED AND ADOPTED this 5th day of March 2024.

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

David Fenn, Mayor
ATTEST:

Elaine Morgan, City Clerk

Page 493 of 718 ends

APPROVED AS TO FORM:

John 0. Pinkney, City Attorney

Page 494 of 718 ends

Exhibit A
Request for Destruction of Records

Page 495 of 718 ends

BEAUMONT

CITY OF BEAUMONT
To: City Clerk
From: Department Head
Subject: Request for Destruction of Records
I am requesting approval to destroy the records listed below because they have met the retention as specified in the City of Beaumont Retention Schedule. The records are not the subject of any claim, litigation, investigation, or audit.
26,
Date
-1

DATE OF

LAST ACT

COMPLETED

IN FOLDER

DESCRIPTION OF RECORD(S)
D
"
TOTAL

RETENTION

RETENTION
CODE NO.
12/01/2004
Insurance Certificates
Completion
+10 years
AD -001
01/15/2015
Southern California Edison Company
Application (A.) 14-12-007. 80311
Correspondence
2 years
AD -007
06/22/1995
Southern California Gas Company notice of
proposed rate increase application No. 95-06-
043. 80321
Correspondence
2 year
AD -007
04/25/1996
GTEL Change orders for Police Dept and City
of Beaumont 80324
Correspondence
2 years
AD -007
03/13/1996
Correspondence: Opposition to Administrative
Law Judge proposed seasonalizing rates for
Southern Ca. Edison customers 80323
Correspondence
2 years
AD -007
12/26/1996
Joint application of GTE California Inc. for
approval of elimination of charges for
nonpublished/nonlisted services 80322
Correspondence
2 years
AD -007
06/17/2003
Authorization of the interview of respondents
to the request of proposals for Electrical Utility
Services 80331
Correspondence
2 years
AD -007
01/10/1996
Submittal of the City of Beaumont's final
source reduction and recycling, household
hazardous waste, and non -disposal facility
Correspondence
2 years
AD -007
elements 80421
05/14/1997
western Riverside Council of Governments
Correspondence
2jears
AD -007

Page 496 of 718 ends

Grant Funds
06/13/1994
Dept of Conservation Curbside Program: CS-
000583
Correspondence
2 years
AD -007
08/14/2014
CLV2411/CLU2411 Eminence/ AT&T 80381
Correspondence
2 years
AD -007
12/02/1994
_
Storm Drain Facilities on Highland Springs &
Wellwood Ave 80611
Correspondence
2 years
AD -007
10/18/1994
Redevelopment Agency Initiates
Neighborhood and Park improvement projects
80522
Correspondence
2 years
AD -007
06/24/2002
Solid Waste Diversion Summary Reports
Correspondence
2 years
AD -007
1999
1999 Annual Report Preparation 80436
Correspondence
2 years
AD -007
01/1997
Eagle Mountain Landfill and Recycling Center
i Project 80436
Correspondence
2 years
AD -007
12/09/1996
Staff Report: Final draft countywide Integrated
Waste management plan including the county
wide summary plan and the countrywide siting
element 80435
Correspondence
2 years
AD -007
11/06/1995
Beaumont Delinquent Sanitation and Refuse
Fee Collections 80434 _
Correspondence
2 years
AD -007
11/03/1995
Cherry Valley Sanitation Services Inc.
discontinuation of services in the area of 8th
street 80433
Correspondence
2 years
AD -007
10/17/1997
Western Riverside Council of Governments
Application for the April 1998/March 2000
Used Oil Opportunity Grant Funds Fourth
Cycle 80432
Correspondence
2 years
AD -007
05/12/1994
Waste management of Inland Valley requests a
review of its service rate structure 80431
Correspondence
2 years
AD -007
10/31/1996
Hazardous waste contingency plan and
business plan -Southern California Gas
Company 80424
Correspondence
2 years
AD -007
09/28/1994
Countywide Integrated Waste management
plan 80422
Correspondence
2 years
AD -007
04/08/2014
Time Warner Cable standardizing and
reorganizing channel lineup by category
802410
Correspondence
2 years
AD -007
01/26/2000
Information request -Cable Television 80249
Correspondence
2 years
AD -007
02/01/1999
Asset Exchange agreement between MediaOne
enterprises, inc. and Summit Cable Services of
Georgia, Inc. 80248
Correspondence
2 years
AD -007
2005
Survey from journal broadcast group KMIR 6
802601
Correspondence
2) ears
AD -007
11/30/2001
Change of address notice for agreement
between City of Beaumont and Sprint
Correspondence
2 years
AD -007

Page 497 of 718 ends

02/25/1997
Digital Broadcasting OVS intent to provide
advanced telecommunication in the area 80247
Correspondence
2 years
AD -007
04/08/1999
MediaOne Social Contract 80246
Correspondence
2 years
AD -007
12/08/1995
Notice of cancellation Colony Cablevision
80244
Correspondence
2 years
AD -007
04/06/1995
Cable Television franchises -Colony
Correspondence
2 years
AD -007
08/1994
Diehl, Evans & Company offers a
comprehensive program for cable television
rate reviews 80231
Correspondence
2 years
AD -007
Box 3
additional space is needed to describe records, please add additional fields or attach additional pages)
APPROVALS:
9660ZOL9 C10J n4 Ct a 202
City Attorney ( 2
Date
City Manager
Date
I certify that such destruction meets the requirements of the City's Records Retention Schedule and all applicable requirements of State and Federal law and have been approved by City Council by Resolution No.

City Clerk Date of Records Destruction

Page 498 of 718 ends

rt;

BEAUMONT

Department Head

DATE OF

LAST ACT

COMPLETED

IN FOLDER

DESCRIPTION OF RECORD(S)
-lib 20, 2024
Date
TOTAL

RETENTION

RETENTION
CODE NO.
2018
2018
CAD/RMS unsuccessful bids: Eastern
Riverside Co Interoperable Communication
Authority
CAD/RMS unsuccessful bids: Central Square 2 years
Technologies
CAD/RMS unsuccessful bids: Tyler
Technologies CAD
2 years
AD -003
AD -003
2018
2018
CAD/RMS unsuccessful bids: Motorola
2 years
2 years
AD -003
AD -003
(If additional space is needed to describe records, please add additional fields or attach additional pages)
APPROVALS:

CC U CalA kvi
City Attorney Date
City Manager
Date
I certify that such destruction meets the requirements of the City's Records Retention Schedule and all applicable requirements of State and Federal law and have been approved by City Council by Resolution No.

Page 499 of 718 ends

City Clerk Date of Records Destruction

Page 500 of 718 ends

BEAUMONT

CITY OF BEAUMONT
To:

From:

Subject:

City Clerk
Department Head
Request for Destruction of Records
I am requesting approval to destroy the records listed below because they have met the retention as specified in the City of Beaumont Retention Schedule. The records are not the subject of any claim, litigation, investigation, or audit.

DATE OF

LAST ACT

COMPLETED

IN FOLDER
2014
b 20, lag
Date

DESCRIPTION OF RECORD(S)
Copies of unsuccessful candidate campaign
forms
2013
Unsuccessful candidate campaign forms

TOTAL RETENTION
RETENTION CODE NO.
5 years
CC -024
5 years
CC -024
2012
Unsuccessful candidate campaign
forms/nomination docs/ City Clerk Election
file
2016
5 years
Correspondence: Conference voting delegate
form/Riverside Co fee notification/BUSD
vacate notice
2017
2 years
CC -024
AD -007
Correspondence: Amendment notice
Cooperative Agreement for Fire
Protection/Notice of Recycling Rate
changes/RTA request letter/environmental
impact report
Correspondence: Professional Services
Agreement for Underwriting
2 years
AD -007
08/31/1995
05/29/1996
Title Insurance Certificate
2017
2017
Completion
+10 years
Completion
+10 years
2 years
CC -006
Public Records Request 1 of 2: General
Ledger/Communications
Public Records Request 2 of 2:

Communications/Invoices/Receipts
2 years
AD -001
CC -041
CC -041

Page 501 of 718 ends

2018
Public Records Request:

Communications/Agendas/Reports
2 years
CC -041
09/28/2006
Correspondence: TUMF Credit Agreement,
unsigned/Victoria Homes
2 years
AD -007
06/29/2006
Correspondence: TUMF Credit Agreement,
unsigned/ Sunny Hills Dev
2 years
AD -007
07/27/2007
Correspondence: TUMF Credit Agreement,
unsigned/Trammel Crow
2 years
AD -007
10/16/2007
Correspondence: TUMF Credit Agreement
unsigned/Douling Orchard
2 years
AD -007
2014
Accounts Payable Legal Counsel Invoices
Aklufi & Wysocki -Confidential
5 years
CC -001
06/12/1995
Correspondence: Staff Report re: adoption of
resolution for development agreement w/Inland
Commercial
2 years
AD -007
06/12/1995
Correspondence: Staff Report re: authorizing
submittal of applicant for SB821 funding
2 years
AD -007
06/14/2001
Correspondence: Owner Participation
Agreement, unsigned/Weaver Mortuary
2 years
AD -007
1996
Correspondence: Purchase and sale agreement,
unsigned/Weekend Warrior Trailers
2 years
AD -007
09/08/1997
Correspondence: Staff Report re: approval for
initial study of Industrial Rail
2 years
AD -007
04/14/1998
Correspondence: Staff Report re: Owner
Participation Agreement w/Beaumont Auto
Center, unsigned
2 years
AD -007
04/14/1998
Correspondence: Staff Report re: Disposition
and development agreement with Toro Aire
2 years
AD -007
1993-1998
Affidavits of Publication: Legal
Advertisements
2 years
CC -002
2001
Affidavits of Publication: Legal
Advertisements
2 years
CC -002
1999
Affidavits of Publication: Legal
Advertisements
2 years
CC -002
2000
Affidavits of Publication: Legal
Advertisements
2 years
CC -002
01/23/2018
Public Records: copies of records subpoenaed
2 Years
CC -041
Box 16
(If additional space is needed to describe records, please add additional fields or attach additional pages)

APPRO VA
Assistant City Attorney
February 5, 2024
Date

Page 502 of 718 ends

City Manager Date
I certify that such destruction meets the requirements of the City's Records Retention Schedule and all applicable requirements of State and Federal law and have been approved by City Council by Resolution No.

City Clerk Date of Records Destruction
•

Page 503 of 718 ends

BEAJ ONT

Y
Dep ment Head
26 , Z10T-4
Date

DATE OF

LAST ACT

COMPLETED

IN FOLDER

DESCRIPTION OF RECORD(S)
D
TOTAL

RETENTION

RETENTION
CODE NO.
05/23/1933
Southern California Telephone Co. Permit to
place underground conduit
Completion
+2years
PW-011
10/06/1961
Agreement w/the California Highway Patrol to
patrol freeway through City of Beaumont
Completion +2
years
CC -006
01/1974
Agreement for collection of taxes and SFC
Assessments also 1932 agreement
Completion
+10 years
CC -006
12/08/1961
Lease agreement City of Beaumont and John &
Ruby Biresak Parkway of 7" St. Beaumont
Ave. Shopping Center sign, paving Port. Alley
Completion
+10 years
CC -006
12/07/1948
Cooperative agreement Beaumont Cherry
Valley Water
Completion +
10 years
CC -006
07/25/1956
Sewer Assessment District #7
Completion
+10 years
CC -006
03/31/1950
Franchise of Southern California Edison
Company
Completion
+10 years
CC -006
1967-1970
Southern California Edison Master St
Completion
+10 years
CC -006
08/15/2001
04/28/1969-
04/28/1994
ARCO pipeline company Bond No. U-
8006306 Change in bond No. form U-8006306
to bond No. 103172912001
Completion
+10 years
CC -006
Lease between Chamber of Commerce and
City of Beaumont for use of Kiwanis park 4' x
Beaumont
Completion
+10 years
CC -006
08/11/1961
Agreement flood control district & City of
Completion
CC -006

Page 504 of 718 ends

Beaumont re: subdivisions
+10 years
02/13/1989
Agreement for suspension of Public
Improvements w/Jehovah Witnesses
Congregation
Completion
+10 years
CC -006
08/14/1959
Utilities agreement #9757 and amendment
Relocation of Sewer Line for Freeway
Completion
+10_y ears
CC -006
04/1985
Cooperative Agreement for construction of
Line 15, Beaumont Master Plan Riverside
County Flood Control District and City of
Beaumont
Completion
+10 years
CC -006
1983
Maintenance of Passenger Shelter (Hospital)
Highland Springs Rd. City of Banning & City
of Beaumont
Completion
+10 years
CC -006
1978-1980
So. California Gas Co. Franchise Statements
2 years
FIN -003
08/31/1956
Sewer Assessment District #7 Contract
Completion
+10 years
CC -006
01/08/1962
Franchise of Southern California Gas
Company
Completion
+10 years
CC -006
1981
Agreement City and County Tax Rates
Completion
+10 years
CC -006
11/13/1978
Agreement between city and state Cal Tran
State to pay for the freeway water -landscaping
Completion
+10 years
CC -006
07/01/1977 &
10/09/1978
Agreement and Lease Beaumont Cherry Valley
Recreation District/ City of Beaumont Parks &
Grounds & Utilities
Completion
+10 years
CC -006
02/22/1982
Agreement w/Highland Springs Park LTD re:

Sewer Service
Completion
+10 years
CC -006
07/22/1981
WWTP Expansion and Upgrading Contractor
DVY construction
Completion
+10 years
CC -006
12/23/1974
Agreement between the Board of Supervisors
regarding purchase tax deeded land
Completion
+10 years
CC -006
03/26/1979
Agreement between city and Caplow 6t' x
jl_ighland sewer agreements
Completion
+10 years
CC -006
03/23/1977
Four Corners Pipe Line Co. Franchise
Ordinance #291 gross receipts
Completion
+10 years
CC -006
02/28/1977
Agreement for Maintenance of State Highways
in the City
Completion
+10 years
CC -006
03/15/1975
Southern California Edison Co. Franchise
Bond Franchise Statements 73 & 74
Completion
+10 years
CC -006
12/18/1974
Joint Powers Agreement Disaster Preparedness
Completion
+10years
CC -006
02/22/1971
Right-of-way lease City of Beaumont for
Southern Ca. Gas Co. for gas service
Completion
+10 years
CC -006
03/25/1974
Mutual Aid fire agreement Ca. division of
Forestry & City of Beaumont
Completion
+10 years
CC -006
10/12/1973
Agreement for State Administration of Sales &
Use Tax & Agreement for Sales & Use Tax
Collection 01/01/1974
Completion
+10 years
CC -006

Page 505 of 718 ends

05/30/1974
Highland Springs Channel Stage II
Cooperative agreement between City,
Riverside County Flood Control and Water
Conservation District
' Completion
' +10 years
CC -006
1972
Fire Hydrant Agreement between Beaumont
Irrigation District and City of Beaumont
Completion
+10 years
CC -006
03/06/1972
Sewer agreement w/Monarch, Suits filed.

County permit for Encroachment Demurrer
filed 08/10/1973
Completion
+10 years
CC -006
06/27/1966
Agreement County Health Officer to serve as
City Health Officer
Completion
+10 years
CC -006
12/20/1973
Agreement- Soroptimist Club Clock 6th x
Beaumont Ave.

Completion
+10years
CC -006
08/25/1997
Amendment of the Beaumont Municipal code
for curfew for minors 50222
Min 2 years
CC -011
02/18/2003
Proposed noise ordinance 50231
Min 2 years
CC -011
07/18/2000
2000 Local agency biennial notice 503102
Min 2 years
CC -011
2005
Appointment to the vacant planning
commission seat 503141
Min 2 years
CC -011
2008
2008 Local agency biennial notice 503102
Min 2 years
CC -011
03/05/1997
Failure to submit any completed recall
petitions 50523
Min 2 years
CC -011
11/10/1994
California Fair Political Practices Commission
50814
Min 2 years
CC -011
12/22/1994
Internal recruitment for position of Deputy
City Clerk 60211
Min 2 years
CC -011
03/11/1997
Foundation health national life insurance
company 60322
Min 2 years
CC -011
09/04/1997
Implementing PERS Tax free service credits
for employees 60323
Min 2 years
CC -011
10/24/2000
Planned public improvements to be considered
in MSHCP 70011
Min 2 years
CC -011
05/01/2009
Application for SB821 program funding
FY2009/2010 Bicycle & Pedestrian facilities
70131
Min 2 years
CC -011
08/26/2003
Proposal to prepare an Environmental Impact
Report
Completion
+10 years
AD -001
1993-1994
FPPC form 700
7 years
CC -014
1994-1995
FPPC form 700
7 years
CC -014
1995
FPPC form 700
7 years
CC -014
1996-1997
FPPC form 700
7 years
CC -014
1997-1998
FPPC form 700
7 years
CC -014
1998-1999
FPPC form 700
7 years
CC -014
1999-2000
FPPC form 700
7 years
CC -014

Page 506 of 718 ends

2000-2001
FPPC form 700
7 years
CC -014
2001-2002
FPPC form 700
7 years
CC -014
2002-2003
FPPC form 700
7 years
CC -014
2003-2004
FPPC form 700
7 years
CC -014
2004-2005
FPPC form 700
7 years
CC -014
2005-2006
FPPC form 700
7 years
CC -014
2006-2007
FPPC form 700
7 years
CC -014
2007-2008
FPPC form 700
7 years
CC -014
2008-2009
FPPC form 700
7 years
CC -014
2009-2010
FPPC form 700
7 years
CC -014
Box 7
(If additional space is needed to describe records. please add additional fields nr attach additinnal pages)
APPROVALS:
")pi Co'thit kk-mi„\ (bL
C y Attorney Date
City Manager
Date
I certify that such destruction meets the requirements of the City's Records Retention Schedule and all applicable requirements of State and Federal law and have been approved by City Council by Resolution No.

City Clerk
Date of Records Destruction

Page 507 of 718 ends

IAN

BEAUMONT
wo

DATE OF

LAST ACT

COMPLETED

IN FOLDER

DESCRIPTION OF RECORD(S)
TOTAL

RETENTION

RETENTION
CODE NO.

March 2018
Training Records: Public Service Ethics
Education/AB1234 Ethics
5 years
AD -022
09/09/2018
Correspondence Routine
2 years
AD -007
January 2018
Affidavits of Publications: Legal Advertising
2 years
CC -002
2018-2019
Public Records Requests
2 years
CC -041
2019-2020
Public Records Requests
2 years
CC -041
2019
Public Records Requests
2 years
CC -041
2015
Elections file: Planning Commission
Applications
2 years
CC -029
2020-2021
Public Records Requests
2 years
CC -029
2020
Affidavits of Publications: Legal Advertising
2 years
CC -002
2015-2020
Correspondence: Recycling Container Number
bar code
2 years
AD -007
2015-2016
Complaints/Concerns: from Citizens
2 years
AD -004
2003
Correspondence: Abandonment and vacation
request by Perricone Juice owner Sam
Perricone
2 years
AD -007
April 2015
Litigation Files: Search Warrants
Final
Resolution +5
years
CC -034

Page 508 of 718 ends

2019
Affidavits of Publications: Legal Advertising
2 years
CC -002
2016
Bids: Unsuccessful Proposals
2 years
AD -003
2015
Public Records Request
2 years
CC -029
2013
Affidavits of Publications: Legal Notice of
Public Hearing
2 years
CC -002
2013
Copies/Duplicates
When no
longer needed
AD -006
2013-2015
Affidavit of Publications: Legal Advertising
2 years
CC -002
2015
Accounts Payable Legal Invoice
5 years
CC -001
2015
Correspondence Routine: Urban Logic
2 years
AD -007
2017
Duplicate: CPS HR Consulting agreement
When no
longer needed
AD -006
July 2013
Correspondence Routine: Hourly Employee
Rates
2 years
AD -007
2015
Correspondence Routine: Between
Cunningham and Pinkney
2 years
AD -007
2015
Board & Commission Application: Greene
2 years
CC -009
1964
Agreements and Contracts: Irrigation -water for
park and repairs to streets
Comp. +10
years
CC -006
2015
Bids: Proposal Aleshire & Winder LLP
2 years
AD -003
1994
Correspondence Routine: Request for
proposals 6th street Commercial Corridor
Project
2 years
AD -007
1996
Correspondence: Available training materials
from Municipal Mutual Insurance Co
2 years
AD -007
1997
DMV Pull Notices: Pat Smith DMV pull
When
superseded or
upon
separation
HR -005
1995-1996
Labor Relations Files: MOU Negotiations
Min. 10 years
HR -011
2015
Claim Forms: Edith Grunwald
Final
Resolution +5
years
HR -0025
Box 18
(If additional space is needed to describe records, please add additional fields or attach additional pages)
APPROVALS:
k-fYIM (A/ Cl N l.MVti
City Attorney 1
City Manager
Date
Date

Page 509 of 718 ends

I certify that such destruction meets the requirements of the City's Records Retention Schedule and all applicable requirements of State and Federal law and have been approved by City Council by Resolution No.

City Clerk Date of Records Destruction

Page 510 of 718 ends

BEAUMONT

Depitrtment Head
Arn
24 742-i
Date

DATE OF

LAST ACT

COMPLETED

IN FOLDER

DESCRIPTION OF RECORD(S)
TOTAL

RETENTION

RETENTION
CODE NO.
06/08/1999
Staff Report — Adoption of FY1999-2000
Capital Improvement Plan 205-03-06
Min 2 years/no
longer required
CC -011
06/19/1996
Staff Report — Adoption of FY1996-97 Budget
205-03-01
Min 2 years/no
longer required
CC -011
09/15/2015
Staff Report — Adoption of FY2015-2016
Budget 205-19-07
Min 2 years/no
longer required
CC -011
12/30/1994
Annual Report of Financial Transactions of
Community Redevelopment Agencies 1204-
02-02
Min 2 years/no
longer required
CC -011
09/12/1994
Staff Report — Adoption of Capital
Improvement Plan 1204-02-01
Min 2 years/no
longer required
CC -011
05/11/1994
Notice of Publication for ordinance 1204-01-
01 2 years
CC -002
10/01/1996
Appraisal Report of vacant land 1201-05-01
Min 5 years
ED -004
12/06/2004
Legal Advertisement 205-12-01
2 years
CC -002
2007
Approved Budget FY 2007/08 General Fund
Budget 207-17-01
7 years
FIN -009
03/16/2010
Staff Report — Amendment to Capital
Improvement Plan FY 2010-11 205-18-02
Min 2 years/no
longer required
CC -011
2007
Preliminary Budget FY 2007/08 General Fund
Budget 205-17-01
Min 2 years/no
longer required
CC -011
05/10/2006
FY 2006/07 Approved Budget General Fund
205-15-01
7 years
FIN -009

Page 511 of 718 ends

06/07/2005
1 FY 2005/06 Approved Budget General Fund
, 205-14-01
7 years
FIN -009
01/18/2005
Staff Report — Amendment to Capital
Improvement Plan FY 2005-2006 205-13-01
Min 2 years/no
longer required
CC -011
03/02/2004
Copy of Resolution 2004-10 Capital
Improvement Plan FY 2004/05 205-11-01
Min 2 years/no
longer required
CC -011
05/15/2006
Weed abatement notices 302-06-02
Min 2 years/no
longer required
CC -011
03/16/2002
Correspondence regarding Beaumont Fire
Services 302-04-01
Min 2 years/no
longer required
CC -011
08/21/1995
Correspondence file regarding Defibrillator
Program 302-03-01
Min 2 years/no
longer required
CC -011
08/09/1995
Emergency Notification Procedure 302-01-02
Min 2 years
AD -016
03/13/1996
Correspondence regarding Ambulance Service
Providers 302-01-01
Min 2 years/no
longer required
CC -011
10/28/1996
Staff Report — Designation of Very High Fire
Hazard Severity Zones 301-01-01
Min 2 years/no
longer required
CC -011
02/27/1997
Correspondence regarding Audit of Liability
Claims 207-01-04
Min 2 years/no
longer required
CC -011
12/23/1994
Insurance survey correspondence 207-01-01
Min 2 years/no
longer required
CC -011
03/11/2015
Public Records Request 206-02-04
2 years
CC -041
02/03/2015
Staff Report — Request for proposals for
Auditing Services 206-02-05
Min 2 years/no
longer required
CC -011
09/20/2002
Correspondence regarding Approval of 2003-
07 Measure A Capital Improvement Plan 205-
05-02
Min 2 years/no
longer required
CC -011
06/23/1997
Staff Report — Amendment to Capital
Improvement Plan FY 1997/98 205-03-03
Min 2 years/no
longer required
CC -011
08/22/1994
Appropriations Limit 1993/94 205-03-08
Min 2 years/no
longer required
CC -011
Proposed Budget FY 1999/00 205-03-07
Min1999
longer 2 ye
required
CC-011
i 06/18/2002
Proposed Budget FY 2002/03 General Fund
205-05-01
Min 2 years/no
longer required
CC -011
12/16/2008
Staff Report — Amendment to Capital
Improvement Plan FY 2008/09 205-18-01
Min 2 years/no
longer required
CC -011
2004
Staff Report: Capital Improvement
Plan/Transportation & Pavement Mgmt Project
Status List
Staff Report — Amendment to Capital
Improvement Plan FY 2001/02 205-03-14
Min 2 years/no
longer required
CC -011
06/19/2001
Min 2 years/no
longer required
CC -011
06/05/2001
Approved Budget FY 2001/02 205-03-13
7 year
FIN -009
01/18/2005
Staff Report — Redevelopment Plan Five -Year
Implementation 205-03-12
Min 2 years/no
longer required
CC -011
2000
Proposed Budget FY 2000/01 205-03-11
Min 2 years/no
longer required
CC -011
06/12/1999
Staff Report — Amendment to Capital
Min 2 years/no
CC -011

Page 512 of 718 ends

Improvement Plan FY 2000/01 205-03-10
longer required
2000
Preliminary Budget FY 2000/01 205-03-09
7 years
FIN -009
1998
Approved Budget FY 1998/99 General Fund
205-03-05
7 years
FIN -009
06/09/1998
Staff Report — Amendment to Capital
Improvement Plan FY 1998/99 205-03-04
Min 2 years/no
longer required
CC -011
07/14/1997
Proposed Budget FY 1997/98 General Fund
Budget 205-03-02
Min 2 years/no
longer required
CC -011
04/18/2004
Preliminary Budget FY 2004/05 General Fund
205-10-01
Min 2 years/no
longer required
CC -011
06/03/2003
Staff Report — Amendment to Capital
Improvement Plan FY 2003/04 205-08-01
Min 2 years/no
longer required
CC -011
06/03/2003
Preliminary Budget FY 2003-04 General Fund
205-07-01
Min 2 years/no
longer required
CC -011
02/05/2002
Staff Report — Amendment to Capital
Improvement Plan FY 2001-02 205-06-01
Min 2 years/no
longer required
CC -011
Box 2
If additional space is needed to describe records, please add additional fields or attach additional pages)
APPROVALS:

City Manager
Date
Z) (46(,)(1
Date
I certify that such destruction meets the requirements of the City's Records Retention Schedule and all applicable requirements of State and Federal law and have been approved by City Council by Resolution No.

City Clerk Date of Records Destruction

Page 513 of 718 ends

BEAUMONT
- C !� 1 1 0 R "1 A
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE March 5, 2024
SUBJECT: Supplemental Agreement by and between the County of Riverside Description Agreement for the use of 2023-2024 Community Development Block Grant Funds.

Background and Analysis:

The City of Beaumont has been allocated $558,736 in Community Development Block Grant (CDBG) funds. This supplemental agreement acknowledges that $538,736 of the funds will be used for pedestrian sidewalk safety improvements throughout the City of Beaumont. In accordance with CDBG requirements, this project will be published for bidding upon approval of this agreement.

Fiscal Impact:

Staff estimates the cost to prepare this report to be $150.

Recommended Action:

Approve the Supplemental Agreement for the use of 2023-2024 Community Development Block Grant Funds.

Attachments:

A. Supplemental Agreement

Page 514 of 718 ends

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File No.: 5.BEA.50-23, 0.261-23

SUPPLEMENTAL AGREEMENT FOR THE USE OF
2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Supplemental Agreement ("Agreement") is entered into this day of , 2023, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, herein called, "COUNTY," and the CITY OF BEAUMONT, herein called "CITY." COUNTY and CITY are collectively referred to as "Parties" and individually as "Party." The COUNTY and CITY mutually agree as follows:

1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated November 10, 2020 ("Cooperation Agreement"), whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds ("CDBG"), and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, Title 1, as amended, Public Law 93-383 hereinafter referred to as "Act." Said Cooperation Agreement, dated November 10, 2020, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein.

2. CDBG FUNDING. CITY was allocated $181,533 in CDBG Entitlement funds for the 2023-2024 CDBG program year with $162,533 to be used for Pedestrian Sidewalk Safety Improvement Project and $20,000 for Camp Kids Program.

3. APPROVAL OF INCREASE IN CDBG FUNDING.

Riverside County Board of Supervisors pursuant to Minute Order 3.16 on December 5, 2023, Approved Substantial Amendments to the 2023-2024 One Year Action Plan of the 2019-2024 Five Year Consolidated Plan and approved an increase in funds for CITY's Community Development Block Grant activity of Pedestrian Sidewalk Safety Improvement in the amount of $377,203. The Parties now desire to enter into agreement to reflect approval of CDBG funds allocated to SPONSOR, for the new total CDBG Grant amount of $558,736.00.

3. PURPOSE. CITY has been allocated $558,736 in CDBG Entitlement funds for the 2023- 2024 CDBG program year. CITY promises and agrees to undertake and assist with the community Page SiaebfofV3

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development activities, within its jurisdiction, by utilizing the sum of $558,736 CDBG Entitlement Funds, as specifically identified in Exhibit(s) A, and B, attached hereto, and are incorporated herein by this reference, for the following project(s) (collectively, the "Projects"):

A) 5.BEA.50-23 Pedestrian Sidewalk Safety Improvements Project, $538,736.

CITY has allocated the remaining $20,000 from its 2023-2024 CDBG allocation to certain activities identified below, hereinafter referred to as "County -wide Activities," that will be directly administered by COUNTY:

B) 0.261-23 Camp Kids, $20,000.

4. TERM OF AGREEMENT. The term of this Agreement for the implementation of the Project(s) shall be for a period of one (1) year from July 1, 2023, to termination on June 30, 2024.

5. COMPLETION SCHEDULE. CITY shall proceed consistent with the completion schedule set forth in Exhibit(s) A, and B, attached hereto and incorporated herein.

6. EXTENSION OF TIME. In the event the Project(s) are not substantially completed by the time set forth in the applicable completion schedule(s) due to a force majeure event (See Section 40 below), the COUNTY may consider extending the schedule for the completion of the project(s). Times of performance for other activities may also be extended in writing by COUNTY. If substantial progress toward completion in conformance with the completion schedule, as determined by COUNTY in its discretion, of the project(s) not made during the term of this Supplemental Agreement, COUNTY may suspend or terminate this Supplemental Agreement pursuant to the termination procedures set forth in the section titled "Termination," and the entitlement funds associated with the Project(s) may be reprogrammed by the COUNTY after appropriate notice is provided to the City.

7. LETTER TO PROCEED. CITY shall not initiate nor incur expenses for the CDBG- funded Projects or activities covered under the terms of this Supplemental Agreement as set forth in Exhibit(s) A, and B, attached hereto, prior to receiving written authorization from COUNTY to proceed.

8. NOTICES. Each notice, request, demand, consent, approval or other communication (hereinafter in this Section referred to collectively as "notices" and referred to singly as a "notice") which the CITY or COUNTY is required or permitted to give to the other party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and sufficiently given if: (a) personally delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received Page SifeCfoYlli

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at the time so delivered); or (b) sent by Federal Express (or other similar national overnight courier) designating early morning delivery (any notice so delivered shall be deemed to have been received on the next Business Day following receipt by the courier); or (c) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received two days after mailing in the United States), addressed to the respective parties as follows:

COUNTY CITY
Heidi Marshall, Director Elizabeth Gibbs, City Manager
Riverside County HWS City of Beaumont
P.O. Box 1528 550 E. 6th Street
Riverside, CA 92502 Beaumont, CA 92223

9. DISBURSEMENT OF FUNDS.

A. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with Sections 2 and 3 of this Supplemental Agreement. COUNTY, through its Department of Housing, and Workforce Solutions, shall make payment of the CDBG funds to CITY as set forth in the attached Exhibit(s) A, and B. It is the CITY's responsibility to monitor all project activities set forth in the attached Exhibit(s) A, and B, and to ensure compliance with applicable federal regulations and the terms of this Supplemental Agreement.

B. CITY shall comply with timely drawdown of CDBG Entitlement funding by expeditiously implementing and completing the COUNTY -approved, CDBG-funded Projects. CITY acknowledges that CITY's drawdown performance directly impacts the COUNTY's overall program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January 31, 2024, exceeds one hundred and seventy-five percent (175%) of the CITY's 2023-2024 CDBG allocation, the COUNTY may, in its sole discretion, take the necessary administrative actions to reduce the CITY's CDBG fund balance. Necessary actions include, but are not limited to, reprogramming the excess CDBG fund Page Stee0foM3

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balance to other eligible activities as selected by COUNTY. COUNTY may, in its sole and absolute discretion, authorize CITY in writing, prior to January 31, 2024, to exceed the CDBG fund balance requirement.

C. CITY shall comply with timely drawdown of CDBG funds by submitting monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All disbursements of CDBG funds will be on a reimbursement basis and made within thirty (30) days after the COUNTY has received the CITY's reimbursement request including documentation supporting expenditures.

D. All authorized obligations incurred in the performance of the Supplemental Agreement for projects eligible under the following CDBG regulations must be reported in writing to COUNTY no later than June 1, 2024:

1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)]

2. Clearance Activities [24 CFR 570.201 (d)]

3. Interim Assistance [24 CFR 570.201 (f)]

4. Code Enforcement [24 CFR 570.202 (c)]
All public service activities [24 CFR 570.201 (e)] and other eligible activities under this Supplemental Agreement must be implemented, completed, and obligations reported in writing to the COUNTY by the CITY no later than the completion schedules set forth in the attached Exhibits to this Supplemental Agreement. "CFR" as used herein refers to the Code of Federal Regulations.

10. RECORDS AND INSPECTIONS.

A. CITY shall establish and maintain financial, programmatic, statistical, and other supporting records of its operations and financial activities in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Section 570.502 (a), as they relate to the acceptance and use of federal funds under this Agreement. Said records shall be retained for a period of four (4) years from the date that the activity or program funded with the CDBG Grant is closed out by the COUNTY and reported as complete in the Comprehensive Annual Performance and Evaluation Report (CAPER). Exceptions to the four (4) year retention period requirement, pursuant to 2 CFR 200.333 include, but not limited to, the following:
i. if any litigation, claim, or audit is started prior to the expiration of the four (4) year period;
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ii. when the CITY is notified in writing by the COUNTY, HUD, or other Federal agency to extend the retention period;
iii. records for real property and equipment acquired with CDBG funds must be retained for four (4) years after final disposition; iv. when the records are transferred by the CITY to the COUNTY, HUD, or other Federal agency, the four (4) year period is not applicable.

B. CITY shall obtain an external audit in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.500). Audits shall usually be performed annually but not less frequently than every two years. Nonprofit institutions and government agencies that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements, but records must be available for review by appropriate officials of the Federal grantor agency or subgranting entity. The audit report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal year.

C. CITY shall maintain a separate account for the CITY'S CDBG Entitlement funds received as set forth in Exhibit(s) A, and B attached hereto.

D. Pursuant to 2 CFR 200.336, CITY shall, during the normal business hours, make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized representative, for the examination and copying, all of its records and other materials with respect to matters covered by this Agreement and provide reasonable access to CITY staff for the purpose of interview and discussion related to the records and documents.

E. CITY shall not retain any program income as defined in 24 CFR 570.500. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities.

F. The CITY shall ensure that at least fifty-one percent (51 %) of the persons benefiting from all CDBG-funded activities or projects designated as serving limited clientele [24 CFR 570.208(a)(2)(i)] are of low and moderate -income and meet the applicable household income guidelines.

The CITY shall provide the required income certification and direct benefit documentation, in writing, to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A, and

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B, attached hereto. In the event that CITY engages the services of a sub -contractor to implement CDBG- funded activities, the CITY must collect, in writing, all required income certification and direct benefit documentation from subcontractors prior to submittal to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A, and B, attached hereto.

11. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal, state, and local laws, regulations, and ordinances and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 570. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above -mentioned Cooperation Agreement. CITY shall comply, if applicable, with Section 3 of the Housing & Urban Development Act of 1968 (12 U.S.C.A. Section 1701u), as amended, a copy of which is attached hereto as Exhibit "S", and incorporated herein by this reference. CITY shall adhere to the regulations as set forth in Exhibit "R", attached hereto and incorporated herein by this reference, pertaining to inherently religious activities. Further, CITY must comply with the requirements of the Build America, Buy America ("BABA") Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the CITY' s infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Assistance "(88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless expected by a waiver. Finally, CITY shall comply with the Additional Federal Requirements, if applicable, attached hereto as Exhibit "AFR", and incorporated herein by this reference.

12. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in implementing and undertaking the goals and strategies identified in the 2019-2024 Five Year Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community Development Block Grant Program.

13. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA

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ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to Title 14 CCR Section 1501(d), the CITY is designated as the lead agency for the projects that are the subject matter of this Supplemental Agreement.

14. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages including, but not limited to, claims, demands, losses, liabilities, costs and expenses including reasonable attorneys' fees, resulting from the negligent or wrongful acts or omissions of their employees or agents in the performance of this Agreement, and each Party shall indemnify, defend and hold harmless the other Parties from such claims, demands, damages, losses or liabilities for their negligence.

The hold harmless and indemnification obligations set forth herein shall survive the termination and expiration of this Agreement. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CITY from indemnifying the Indemnitees to the fullest extent allowed by law.

15. INSURANCE. Without limiting or diminishing the CITY's obligation to indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of COUNTY OF RIVERSIDE Supervisors, employees, elected or appointed officials, agents, or representatives as Additional Insureds
a. Workers' Compensation:

If the CITY has employees as defined by the State of California, the CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive

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subrogation in favor of the County of Riverside.
b. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY'S performance of its obligations hereunder. Policy shall name the County of Riverside as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.
b. 1. If the work will include contact with minors, and the Commercial General Liability policy is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor/Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $2,000,000 per occurrence or claim.
c. Vehicle Liability:

If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside as Additional Insured. d. General Insurance Provisions - All lines:
(i). Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
(ii). The CITY must declare its insurance self -insured retentions. If such self - insured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon

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notification of self -insured retention unacceptable to the COUNTY, and at the election of the Country's Risk Manager, CITY'S carriers shall either; 1) reduce or eliminate such self -insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. (iii). CITY shall cause CITY' S insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. CITY shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.
(iv). It is understood and agreed to by the parties hereto that the CITY'S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self -insured retention's or self -insured programs shall not be construed as contributory. (v). If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the

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performance of the scope of or, the term of this Agreement, including any extensions thereof, exceeds five (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage's currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the CITY has become inadequate.
(vi). CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
(vii). The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY. (viii). CITY agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

16. INDEPENDENT CONTRACTOR. The CITY is, for purposes relating to this Supplemental Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CITY (including its employees, agents and subcontractor's) shall in no event be entitled to any benefits to which the COUNTY employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer -employee relationship between the parties; and the CITY shall hold the COUNTY harmless from any and all claims that may be made against the COUNTY based upon any contention by a third party that an employer -employee relationship exists by reason of this Supplemental Agreement. It is further understood and agreed by the parties that the CITY in the performance of this Supplemental Agreement is subject to the control or direction of the COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results.

17. NONDISCRIMINATION. CITY shall abide by 24 CFR Sections 570.601 and 570.602 of Title 24 of the Code of Federal Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, sex, sexual orientation, gender identity, or veterans status be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds.

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CITY shall abide by and include in any subcontracts to perform work under this Supplemental Agreement, the following clause:
"During the performance of this Supplemental Agreement, CITY and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability, medical condition, marital status, veterans status, sexual orientation, gender identity, age (over 40) or sex. CITY and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CITY and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Commission are implementing California Government Code Section 12990 et seq., set forth in Chapter 1 of Division 4.1 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement."

18. PROHIBITION AGAINST CONFLICTS OF INTEREST
A. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611.

B. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.

C. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

D. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial Page
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interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.

E. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR 570.611(d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD in the COUNTY'S sole and absolute discretion. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611(d)(2).

F. Prior to the distribution of any CDBG funding under this Supplemental Agreement, CITY shall provide COUNTY, in writing, a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Supplemental Agreement.

G. Any violation of this Section 17 shall be deemed a material breach of this Supplemental Agreement, and the Supplemental Agreement shall be immediately terminated by the COUNTY.

19. LOBBYING. CITY certifies to the best of its knowledge and belief, that:
a. No federally -appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative Page

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agreement.
b. If any funds other than federally -appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the CITY shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. CITY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

20. TERMINATION.

A. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY, pursuant to 2 CFR 200.339 (a)(3).

B. COUNTY. Notwithstanding the provisions of Paragraph 19a above, COUNTY may suspend or terminate this Supplemental Agreement upon a ten (10) day written notice to CITY of action being taken and the reason for such action including, but not limited to, the following reasons:
(1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Supplemental Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement invalid or untenable; or
(3) In the event the funding from the Department of Housing and Urban Development referred to in Sections 1 and 2 above is terminated or otherwise becomes unavailable.

C. This Agreement may be terminated and/or funding suspended, in whole or in part, for cause in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be based on the failure of the CITY to materially comply with either the terms or conditions of this Agreement. Upon suspension of funding, the CITY agrees not to incur any costs related thereto, or connected with, any area of conflict from which Page y:.7 4j 1T8

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the COUNTY has determined that suspension of funds is necessary. CITY acknowledges that failure to comply with Federal statutes, regulations, or the terms and conditions of this Agreement may be considered by the COUNTY in evaluating future CDBG and non-CDBG funding applications submitted by CITY.

D. Upon suspension or termination of this Supplemental Agreement, CITY shall return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Supplemental Agreement.

E. Reversion of Assets

1. Upon expiration or termination of this Supplemental Agreement, the CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the Supplemental Agreement as well as any accounts receivable held by CITY which are attributable to the use of CDBG funds awarded pursuant to this Supplemental Agreement.

2. Any real property under the CITY'S control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the CITY in the form of a loan) in excess of $25,000 is either:
(i) Used to meet one of the National Objectives pursuant to 24 CFR 570.208 until five years after expiration of this agreement, or for such longer period of time as determined to be appropriate by the COUNTY; or
(ii) Not used in accordance with Clause (i) above, in which event the CITY shall pay the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property.

21. PUBLICITY. Any publicity generated by CITY for the Projects funded pursuant to this Supplemental Agreement will make reference to the contribution of the COUNTY, the Department of Housing, and Workforce Solutions, and the Community Development Block Grant Program in making the project possible.

22. PROGRAM MONITORING AND EVALUATION. CITY and its subcontractors shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of Page

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this Supplemental Agreement and the effective and efficient achievement of the CDBG National Objectives as set forth in Exhibit(s)A, and B, attached hereto. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to, the following data elements:

A. Title of program, listing of components, description of activities/operations.

B. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals and identify any problems encountered in meeting goals.

C. If the CDBG-funded activity meets a National Objective under 24 CFR 570.208 (a)(2)(i), CITY will report the following:
1) Total number of direct beneficiaries (clientele served) with household incomes at:
• Above 80%MHI
• Between 50% and 80% MHI (Low -Income)
• Between 30% and 50% MHI (Very Low -Income)
• Less than 30% MHI (Extremely Low -Income)
2) Total number and percent (%) of the clientele served that have household incomes at or below 80% MHI
3) Racial ethnicity of clientele
4) Number of Female -Headed Households
D. CITY shall report, in writing, and cause its subcontractors to report, in writing, beneficiary statistics monthly to Housing and Workforce Solutions (HWS) on the pre -approved Direct Benefit Form and Self -Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by HWS should HUD implement changes during the term of this Supplemental Agreement. CITY and subcontractors will collect and provide all necessary data required by HUD pertaining to the Specific Outcome Indicators as identified in HUD's Community Planning and Development (CPD) Outcome Performance Measurement System.

23. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval from HWS prior to implementing the following "high risk" activities funded with CDBG assistance:

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A. Construction of public facilities (project plans and specifications); B. Acquisition of real property;
C. Historic Preservation;
D. Relocation; and
F. Economic Development

24. PRIOR COUNTY APPROVAL (CONSTRUCTION ACTIVITIES). CITY shall obtain COUNTY's written approval, through its HWS, of the project plans, specifications, and construction documents prior to CITY'S construction of same for all projects consisting of CDBG-funded construction activities . The COUNTY neither undertakes nor assumes nor will have any responsibility or duty to CITY or to any third party to review, inspect, supervise, pass judgment upon or inform CITY or any third party of any matter in connection with the development or construction of the improvements, whether regarding the quality, adequacy or suitability of the plans, any labor, service, equipment or material furnished to the property, any person furnishing the same, or otherwise. CITY and all third parties shall rely upon its or their own judgment regarding such matters, and any review, inspection, supervision, exercise of judgment or information supplied to CITY or to any third party by the COUNTY in connection with such matter is for the public purpose of assisting with a community development and housing activity pursuant to the Act, and neither CITY (except for the purposes set forth in this Agreement) nor any third party is entitled to rely thereon. The COUNTY shall not be responsible for any of the work of construction, improvement, or development of the property.

It is the responsibility of CITY, without cost to COUNTY, to ensure that all applicable local jurisdiction land use requirements will permit development of the property and construction of the improvements and the use, operation, and maintenance of such Improvements in accordance with the provisions of this Agreement. Nothing contained herein shall be deemed to entitle Sponsor to any local jurisdiction or County permit or other local jurisdiction or County approval necessary for the development of the Property, or waive any applicable local jurisdiction or County requirements relating thereto. This Agreement does not (a) grant any land use entitlement to CITY, (b) supersede, nullify, or amend any condition which may be imposed by the local jurisdiction in connection with approval of the development described herein, (c) guarantee to CITY or any other party any profits Page
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from the development of the Property, or (d) amend any local jurisdiction or County laws, codes or rules.

25. PRIOR COUNTY APPROVAL (AQUISITION ACTIVITIES). CITY shall obtain COUNTY's written approval and authorization to proceed, through HWS, of all CDBG-funded real property acquisition activities.

26. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED WITH CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire real property or to construct a public facility, CITY will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.311); National Environmental Policy Act of 1969 (42 U.S.C.A. §4321, et seq.); the California Environmental Quality Act (Cal. Pub. Resources Code §21000, et seq.); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C.A. §4630, et seq.); and the COUNTY's Five Year Consolidated Plan. In addition, the following is to occur:
a. Title to the real property shall vest in CITY;
b. The real property will be held by CITY, or the constructed facility will be maintained by the CITY, for a minimum period of five (5) years from the date the CDBG-funded activity is closed -out and reported as complete by the COUNTY through the Comprehensive Annual Performance and Evaluation Report (CAPER);
c. While held by CITY, the real property or the constructed facility is to be used exclusively for the purposes for which acquisition or construction was originally approved by COUNTY;
d. Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is consistent with the COUNTY'S Five Year Consolidated Plan or the applicable federal regulations governing CDBG funds;
e. Should CITY desire to use the real property or the constructed facility, prior to the completion of the mandatory five-year period, for a purpose not consistent with applicable federal regulations governing CDBG funds or to sell the real property or facility, then:

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(1) If CITY desires to retain title, CITY will reimburse COUNTY the amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility; or (2) If CITY sells the property or facility or is required to sell the property or facility, CITY shall reimburse COUNTY the amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.

27. ENTIRE AGREEMENT. This Supplemental Agreement, including any attachments or exhibits hereto constitutes the entire Supplemental Agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Each of the attachments and exhibits attached hereto is incorporated herein by this reference.

28. SEVERABILITY. Each section, paragraph and provision of this Supplemental Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full force and effect.

29. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify in writing, and to cause any subcontractor implementing CDBG-funded Projects to notify, in writing, the Riverside County Workforce Development Center of any and all job openings that are caused by the CDBG-funded Projects under this Supplemental Agreement.

30. MINISTERIAL ACTS. The Director of Housing and Workforce Solutions or designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Supplemental Agreement as it may be amended from time -to -time by COUNTY.

31. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the U.S. Department of Housing and Urban Development, or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to Page ,1T8

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receive CDBG entitlement funds from the COUNTY.

32. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant to this Supplemental Agreement is Community Development Block Grant funds (CFDA 14.218), and the Grant Award Number is B-23-UC-06-0506.

33. ASSIGNMENT. The CITY shall not make any assignment or transfer in any form with respect to this Supplemental Agreement, without prior written approval of the COUNTY.

34. INTERPRETATION AND GOVERNING LAW. This Supplemental Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. This Supplemental Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Supplemental Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

35. WAIVER. Failure by a party to insist upon the strict performance of any of the provisions of this Supplemental Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's rights to insist and demand strict compliance by the other party with the terms of this Supplemental Agreement thereafter.

36. JURISDICTION AND VENUE: Any action at law or in equity arising under this Supplemental Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Supplemental Agreement shall be filed only in the Superior Court of the State of California, located in Riverside, California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction

37. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use, by CITY or the CITY'S subcontractor implementing the CDBG-funded activity, for a period of five (5) years from the close-out date of the grant from which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY monitoring and review.

38. AUTHORITY TO EXECUTE. The persons executing this Supplemental Agreement or exhibits attached hereto on behalf of the parties to this Supplemental Agreement hereby warrant and Page

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represent that they have the authority to execute this Supplemental Agreement and warrant and represent that they have the authority to bind the respective parties to this Supplemental Agreement to the performance of its obligations hereunder.

39. EFFECTIVE DATE. The effective date of this Supplemental Agreement is the date the parties sign the Supplemental Agreement. If the parties sign the Supplemental Agreement on more than one date, then the last date the Supplemental Agreement is signed by a party shall be the effective date.

40. COUNTERPARTS. This Supplemental Agreement may be signed by the different parties hereto in counterparts, each of which shall be an original but all of which together shall constitute one and the same agreement.

41. FORCE MAJEURE.

A. Performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, pandemic, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub -contractor or supplier, acts of the other party, acts or failure to act of a public or governmental agency or entity, or any causes beyond the control or without the fault of the party claiming an extension of time to perform.

B. An extension of time for any such cause (a "Force Majeure Delay") shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) calendar days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event.

42. MODIFICATION OF AGREEMENT. This Supplemental Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively.

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43. DIGITAL AND ELECTRONIC SIGNATURES. The parties agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17). The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. [Remainder of Page Intentionally Blank]
[Signatures on Following Page]
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IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as of the dates set forth below.

COUNTY OF RIVERSIDE,
a political subdivision of the
State of California

CITY OF BEAUMONT,
a General law City
BY: BY:

Juan Garcia, Name:

Deputy Director
Title:

Date: Date:

APPROVED AS TO FORM:

MINH C. TRAN

COUNTY COUNSEL
ATTEST:

By: BY:

Paula S. Salcido, City Clerk
Deputy County Counsel
APPROVED AS TO FORM:

BY:

NEED TO ATTACH EXHIBITS "A" AND "B"
City Attorney
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EXHIBIT "R"
24 C.F.R. § 5.109
Equal participation of faith -based organizations in
HUD programs and activities.

Effective: May 4, 2016
(a) Purpose.

Consistent with Executive Order 13279 (issued on December 12, 2002, 67 FR 77141), entitled "Equal Protection of the Laws for Faith —Based and Community Organizations," as amended by Executive Order 13559 (issued on November 17, 2010, 75 FR 71319), entitled "Fundamental Principles and Policymaking Criteria for Partnerships With Faith —Based and Other Neighborhood Organizations,", and further amended by Executive Order 13831 (issued on May 3, 2018, 83 FR 20715) entitled "Establishment of a White House Faith and Opportunity Initiative," this section describes requirements for ensuring the equal participation of faith -based organizations in HUD programs and activities. These requirements apply to all HUD programs and activities, including all of HUD's Native American Programs, except as may be otherwise noted in the respective program regulations in title 24 of the Code of Federal Regulations (CFR), or unless inconsistent with certain HUD program authorizing statutes. b) Definitions. The following definitions apply to this section:

Direct Federal financial assistance means Federal financial assistance provided when a Federal Government agency or an intermediary, as defined in this section, selects the provider and either purchases services from that provider (i.e., via a contract) or awards funds to that provider to carry out an activity (e.g., via grant, sub -grant, sub -award, or cooperative agreement). The recipients of sub -grants or sub -awards that receive Federal financial assistance through State -administered programs (e.g., flow -through programs) are considered recipients of direct Federal financial assistance. In general, Federal financial assistance shall be treated as direct, unless it meets the definition of indirect Federal financial assistance.

Federal financial assistance means assistance that non —Federal entities receive or administer in the forms of grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, deduction, or exemption.

Indirect Federal financial assistance means Federal financial assistance provided when the choice of the provider is placed in the hands of the beneficiary, and the cost of that service is paid through a voucher, certificate, or other similar means of Government -funded payment. Federal financial assistance provided to an organization is considered indirect when the Government program through which the beneficiary receives the voucher, certificate, or other similar means of Government -funded payment is neutral toward religion meaning that it is available to providers without regard to the religious or non -religious nature of the institution and there are no program incentives that deliberately skew for or against religious or secular providers; and the organization receives the assistance as a result of a genuine, independent choice of the beneficiary.

Intermediary means an entity, including a nongovernmental organization, acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that accepts Federal financial assistance and distributes that assistance to other entities that, in turn, carry out activities under HUD programs. (c) Equal participation of faith -based organizations in HUD programs and activities.

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Faith -based organizations are eligible, on the same basis as any other organization, to participate in any HUD program or activity, considering any permissible accommodations, particulary under the Religious Freedome Restoration Act. Neither the Federal Government, nor a State, tribal or local government, nor any other entity that administers any HUD program or activity, shall discriminate against an organization on the basis of the organization's religious character, affiliation, or lack thereof, or on the basis of the organization's religious exercise. For purposes of this part, to discriminate against an organization on the basis of the organization's religious exercise means to disfavor an organization, including by failing to select an organization, disqualifying an organization, or imposing any condition or selection criterion that otherwise disfavors or penalizes an organization in the selection process or has such an effect:
(1) Because of conduct that would not be considered grounds to disfavor a secular organization; (2) Because of conduct that must or could be granted an appropriate accommodation in a manner consistent with RFRA (42 U.S.C. 2000bb through 2000bb-4) or the Religion Clauses of the First Amendment to the Constitution; or
(3) Because of the actual or suspected religious motivation of the organization's religious exercise. (4) In addition, decisions about awards of Federal financial assistance must be free from political interference or even the appearance of such interference and must be made on the basis of merit, not based on the organization's religious character, affiliation, or lack thereof, or based on the organization's religious exercise. Notices of funding availability, grant agreements, and cooperative agreements shall include language substantially similar to that in appendix A to this subpart, where faith -based organizations are eligible for such opportunities. (d) Independence and identity of faith -based organizations. (1) A faith -based organization that applies for, or participates in, a HUD program or activity supported with Federal financial assistance retains its autonomy, right of expression, religious character, authority over its governance, and independence, and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs. A faith -based organization that receives Federal financial assistance from HUD does not lose the protections of law. (2) A faith -based organization that receives direct Federal financial assistance may use space (including a sanctuary, chapel, prayer hall, or other space) in its facilities (including a temple, synagogue, church, mosque, or other place of worship) to carry out activities under a HUD program without concealing, altering, or removing religious art, icons, scriptures, or other religious symbols. In addition, a faith -based organization participating in a HUD program or activity retains its authority over its internal governance, and may retain religious terms in its organization's name, select its board members and employees on the basis of their acceptance of or adherence to the religious tenets of the organization consistent with paragraph (i) of this section), and include religious references in its organization's mission statements and other governing documents. (e) Explicitly religious activities.

If an organization engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by direct Federal financial assistance and participation must be voluntary for the beneficiaries of the programs or activities that receive direct Federal financial assistance. The use of indirect Federal financial assistance is not subject to this restriction. Nothing in this part restricts HUD's authority under applicable Federal law to fund activities, that can be directly funded by the Government consistent with the Establishment Clause of the U.S. Constitution. (0 Intermediary responsibilities to ensure equal participation of faith -based organizations in HUD programs.

If an intermediary - acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that is administering a program supported by Federal financial assistance - is

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given the authority to select a nongovernmental organization to receive Federal financial assistance under a contract, grant, sub -grant, sub -award, or cooperative agreement, the intermediary must ensure that such organization complies with the requirements of this section. If the intermediary is a nongovernmental organization, it retains all other rights of a nongovernmental organization under the program's statutory and regulatory provisions.
(g) Nondiscrimination requirements.

Any organization that receives Federal financial assistance under a HUD program or activity shall not, in providing services with such assistance or carrying out activities with such assistance, discriminate against a beneficiary or prospective beneficiary on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. However, an organization that participates in a program funded by indirect Federal financial assistance need not modify its program or activities to accommodate a beneficiary who chooses to expend the indirect aid on the organization's program and may require attendance at all activities that are fundamental to the program. (h) No additional assurances from faith -based organizations.

A faith -based organization is not rendered ineligible by its religious nature to access and participate in HUD programs. Absent regulatory or statutory authority, no notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by HUD or a recipient or intermediary in administering Federal financial assistance from HUD shall require otherwise eligible faith -based organizations to provide assurances or notices where they are not required of similarly situated secular organizations. All organizations that participate in HUD programs or activities, including organizations with religious character or affiliations, must carry out eligible activities in accordance with all program requirements, subject to any required or appropriate accommodation, particularly under the Religious Freedom Restoration Act, and other applicable requirements governing the conduct of HUD -funded activities, including those prohibiting the use of direct financial assistance to engage in explicitly religious activities. No notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by HUD or a recipient or intermediary in administering financial assistance from HUD shall disqualify otherwise eligible faith -based organizations from participating in HUD's programs or activities because such organization is motivated or influenced by religious faith to provide such programs and activities, or because of its religious character or affiliation, or on grounds that discriminate against an organization on the basis of the organization's religious exercise, as defined in this part. (i) Exemption from Title VII employment discrimination requirements.

A religious organization's exemption from the Federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1), is not forfeited when the organization participates in a HUD program. Some HUD programs, however, contain independent statutory provisions that impose certain nondiscrimination requirements on all grantees. Accordingly, grantees should consult with the appropriate HUD program office to determine the scope of applicable requirements. (j) Acquisition, construction, and rehabilitation of structures.

Direct Federal financial assistance may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under a HUD program or activity.

Where a structure is used for both eligible and explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), direct Federal financial assistance may not exceed the cost of the share of acquisition, construction, or rehabilitation attributable to eligible activities in accordance with the cost accounting requirements applicable to the HUD program or activity. However,

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acquisition, construction, or rehabilitation of sanctuaries, chapels, or other rooms that a HUD —funded faith -based organization uses as its principal place of worship, may not be paid with direct Federal financial assistance.

Disposition of real property by a faith -based organization after its use for an authorized purpose, or any change in use of the property from an authorized purpose, is subject to Government -wide regulations governing real property disposition (2 CFR part 200, subpart D) and the HUD program regulations, as directed by HUD. (k) Commingling of Federal and State, tribal, and local funds.

If a State, tribal, or local government voluntarily contributes its own funds to supplement direct Federal financial assistance for an activity, the State, tribal or local government has the option to segregate those funds or commingle them with the direct Federal financial assistance. However, if the funds are commingled, the requirements of this section apply to all of the commingled funds. Further, if a State, tribal, or local government is required to contribute matching funds to supplement direct Federal financial assistance for an activity, the matching funds are considered commingled with the direct Federal financial assistance and, therefore, subject to the requirements of this section. Some HUD programs' requirements govern any activity assisted under those programs. Accordingly, recipients should consult with the appropriate HUD program office to determine the scope of applicable requirements.
(1) Tax exempt organizations.

In general, HUD does not require that a recipient, including a faith -based organization, obtain tax-exempt status under section 501(c)(3) of the Internal Revenue Code to be eligible for funding under HUD programs. Many grant programs, however, do require an organization to be a nonprofit organization in order to be eligible for funding.

Notices of funding availability that require organizations to have nonprofit status will specifically so indicate in the eligibility section of the notice of funding availability. In addition, if any notice of funding availability requires an organization to maintain tax-exempt status, it will expressly state the statutory authority for requiring such status. Applicants should consult with the appropriate HUD program office to determine the scope of any applicable requirements. In HUD programs in which an applicant must show that it is a nonprofit organization but this is not statutorily defined, the applicant may do so by any of the following means:
(1) Proof that the Internal Revenue Service currently recognizes the applicant as an organization to which contributions are tax deductible under section 501(c)(3) of the Internal Revenue Code; (2) A statement from a State or other governmental taxing body or the State secretary of State certifying that - (i) The organization is a nonprofit organization operating within the State; and (ii) No part of its net earnings may benefit any private shareholder or individual; (3) A certified copy of the applicant's certificate of incorporation or similar document that clearly establishes the nonprofit status of the applicant;
(4) Any item described in paragraphs (1)(1) through (3) of this section, if that item applies to a State of national parents organization, together with a statement by the State of parent organization that the applicant is a local nonprofit affiliate; or
(5) For an entity that holds a sincerely held religious belief that it cannot apply for a determination as an entity that is tax-exempt under section 501(c)(3) of the Internal Revenue Code, evidence sufficient to establish that the entity would otherwise qualify as a nonprofit organization under paragraphs (1)(1) through (4) of this section. (m) Rule of construction.

Neither HUD nor any recipient or other intermediary receiving funds under any HUD program or activity shall construe these provisions in such a way as to advantage or disadvantage faith -based organizations affiliated with historic or well -established religions or sects in comparison with other religions or sects.

Credits

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[69 FR 41717, July 9, 2004; 80 FR 75934, Dec. 7, 2015; 81 FR 19416, April 4, 2016; 85 FR 82315, Dec 17, 2020] SOURCE: 61 FR 5202, Feb. 9, 1996; 61 FR 9041, March 6, 1996; 61 FR 9537, March 8, 1996; 61 FR 11113, March 18, 1996; 61 FR 13616, March 27, 1996; 61 FR 54498, Oct. 18, 1996; 70 FR 77743, Dec. 30, 2005; 73 FR 72340, Nov. 28, 2008; 75 FR 66258, Oct. 27, 2010; 77 FR 5674, Feb. 3, 2012; 80 FR 42352, July 16, 2015; 81 FR 19416, April 4, 2016; 81 FR 80798, Nov. 16, 2016; 81 FR 90657, Dec. 14, 2016, unless otherwise noted.

AUTHORITY: 12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d); Sec. 327, Pub.L. 109- 115, 119 Stat. 2936; Sec. 607, Pub.L. 109-162, 119 Stat. 3051 (42 U.S.C. 14043e et seq.); E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; and E.O. 13559, 75 FR 71319, 3 CFR, 2010 Comp., p. 273.; 29 U.S.C. 794, 42 U.S.C. 1437a, 1437c, 1437c -1(d), 1437d, 1437f, 1437n, 3535(d), and Sec. 327, Pub.L. 109-115, 119 Stat. 2936; 42 U.S.C. 3600-3620; 42 U.S.C. 5304(b); 42 U.S.C. 12101 et seq.; 42 U.S.C. 12704-12708; E.O. 11063, 27 FR 11527, 3 CFR, 1958-1963 Comp., p. 652; E.O. 12892, 59 FR 2939, 3 CFR, 1994 Comp., p. 849.

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EXHIBIT "S"

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Economic Opportunities for Low- and Very Low -Income Persons

CONTRACT REQUIREMENTS
24 CFR Part 75

RIVERSIDE COUNTY
Section 75.1 Purpose
This part establishes the requirements to be followed to ensure the objectives of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met. The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent.

Section 75.3 Applicability
(a) General applicability. Section 3 applies to public housing financial assistance and Section 3 projects, as follows:
(1) Public housing financial assistance. Public housing financial assistance means:
(i) Development assistance provided pursuant to section 5 of the United States Housing Act of 1937 (the 1937 Act);
(ii) Operations and management assistance provided pursuant to section 9(e) of the 1937 Act; (iii) Development, modernization, and management assistance provided pursuant to section 9(d) of the 1937 Act; and
(iv) The entirety of a mixed -finance development project as described in 24 CFR 905.604, regardless of whether the project is fully or partially assisted with public housing financial assistance as defined in paragraphs (a)(1)(i) through (iii) of this section. (2) Section 3 projects. (i) Section 3 projects means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 or 1701z-2), the Lead -Based Paint Poisoning Prevention Act (42 U.S.0 4801 et seq.); and the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.). The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.

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(ii) The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not less than once every 5 years based on a national construction cost inflation factor through Federal Register notice not subject to public comment. When the Secretary finds it is warranted to ensure compliance with Section 3, the Secretary may adjust, regardless of the national construction cost factor, such thresholds through Federal Register notice, subject to public comment. (iii) The requirements in this part apply to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide housing and community development financial assistance.
(b) Contracts for materials. Section 3 requirements do not apply to material supply contracts. (c) Indian and Tribal preferences. Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and Self -Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of this part. (d) Other HUD assistance and other Federal assistance. Recipients that are not subject to Section 3 are encouraged to consider ways to support the purpose of Section 3.

Section 75. 5 Definitions.

The terms HUD, Public housing, and Public Housing Agency (PHA) are defined in 24 CFR part

5. The following definitions also apply to this part:
1937Act means the United States Housing Act of 1937, 42 U.S.C. 1437 et seq.

Contractor means any entity entering into a contract with:
(1) A recipient to perform work in connection with the expenditure of public housing financial assistance or for work in connection with a Section 3 project; or (2) A subrecipient for work in connection with a Section 3 project.

Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed with funds that include public housing financial assistance.

Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act.

Material supply contracts means contracts for the purchase of products and materials, including, but not limited to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies.

Professional services means non -construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, financial

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consulting, accounting services, environmental assessment, architectural services, and civil engineering services.

Public housing financial assistance means assistance as defined in §75.3(a)(1).

Public housing project is defined in 24 CFR 905.108.

Recipient means any entity that receives directly from HUD public housing financial assistance or housing and community development assistance that funds Section 3 projects, including, but not limited to, any State, local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.

Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u).

Section 3 business concern means:
(1) A business concern meeting at least one of the following criteria, documented within the last six-month period:
(i) It is at least 51 percent owned and controlled by low- or very low-income persons; (ii) Over 75 percent of the labor hours performed for the business over the prior three- month period are performed by Section 3 workers; or
(iii) It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8 -assisted housing. (2) The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees.
(3) Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract.

Section 3 project means a project defined in §75.3(a)(2).

Section 3 worker means:
(1) Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:
(i) The worker's income for the previous or annualized calendar year is below the income limit established by HUD.
(ii) The worker is employed by a Section 3 business concern.

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(iii) The worker is a YouthBuild participant.
(2) The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction. (3) Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled.

Section 8 -assisted housing refers to housing receiving project -based rental assistance or tenant - based assistance under Section 8 of the 1937 Act.

Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.

Small PHA means a public housing authority that manages or operates fewer than 250 public housing units.

Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's obligation to perform work in connection with the expenditure of public housing financial assistance or for a Section 3 project.

Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.

Targeted Section 3 worker has the meanings provided in §§75.11, 75.21, or 75.29, and does not exclude an individual that has a prior arrest or conviction.

Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act.

YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3226).

Subpart C —Additional Provisions for Housing and Community Development Financial Assistance
§75.19 Requirements.
(a) Employment and training. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section should be given to:

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(i) Section 3 workers residing within the service area or the neighborhood of the project, and (ii) Participants in YouthBuild programs.
(b) Contracting. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section should be given to:
(i) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and (ii) YouthBuild programs.
§75.21 Targeted Section 3 worker for housing and community development financial assistance. (a) Targeted Section 3 worker. A Targeted Section 3 worker for housing and community development financial assistance means a Section 3 worker who is:
(1) A worker employed by a Section 3 business concern; or (2) A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project, as defined in §75.5; or (ii) A YouthBuild participant.
(b) [Reserved]
§75.23 Section 3 safe harbor.
(a) General. Recipients will be considered to have complied with requirements in this part, in the absence of evidence to the contrary if they:
(1) Certify that they have followed the prioritization of effort in §75.19; and (2) Meet or exceed the applicable Section 3 benchmark as described in paragraph (b) of this section.
(b) Establishing benchmarks. (1) HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or both through a document published in the FEDERAL REGISTER. HUD may establish a single nationwide benchmark for Section 3 workers and a single nationwide

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benchmark for Targeted Section 3 workers, or may establish multiple benchmarks based on geography, the nature of the Section 3 project, or other variables. HUD will update the benchmarks through a document published in the FEDERAL REGISTER, subject to public comment, not less frequently than once every 3 years. Such notice shall include aggregate data on labor hours and the proportion of recipients meeting benchmarks, as well as other metrics reported pursuant to §75.25 as deemed appropriate by HUD, for the 3 most recent reporting years. (2) In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours worked by specific categories of workers or in different localities or regions; averages for labor hours worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks, HUD will exclude professional services from the total number of labor hours as such hours are excluded from the total number of labor hours to be reported per §75.25(a)(4). (3) Section 3 benchmarks will consist of the following two ratios:
(i) The number of labor hours worked by Section 3 workers divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year. (ii) The number of labor hours worked by Targeted Section 3 workers as defined in §75.21(a), divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year.
§75.25 Reporting.
(a) Reporting of labor hours. (1) For Section 3 projects, recipients must report in a manner prescribed by HUD:
(i) The total number of labor hours worked;
(ii) The total number of labor hours worked by Section 3 workers; and (iii) The total number of labor hours worked by Targeted Section 3 workers. (2) Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §75.31
(3) The labor hours reported under paragraph (a)(1) of this section must include the total number of labor hours worked on a Section 3 project, including labor hours worked by any subrecipients, contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report.
(4) Recipients reporting under this section, as well as subrecipients, contractors and subcontractors who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this section, from professional services without including labor hours from professional services in the

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total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers both professional services and other work and the recipient or contractor or subcontractor chooses not to report labor hours from professional services, the labor hours under the contract that are not from professional services must still be reported.
(5) Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor based on the employer's good faith assessment of the labor hours of a full-time or part- time employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirements specifying time and attendance reporting.
(b) Additional reporting if Section 3 benchmarks are not met. If the recipient's reporting under paragraph (a) of this section indicates that the recipient has not met the Section 3 benchmarks described in §75.23, the recipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not limited to the following:
(1) Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. (2) Provided training or apprenticeship opportunities.
(3) Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
(4) Provided or connected Section 3 workers with assistance in seeking employment including:
drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
(5) Held one or more job fairs.
(6) Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). (7) Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training.
(8) Assisted Section 3 workers to obtain financial literacy training and/or coaching. (9) Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. (10) Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(11) Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns. (12) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

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(13) Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
(14) Outreach, engagement, or referrals with the state one -stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. (c) Reporting frequency. Unless otherwise provided, recipients must report annually to HUD under paragraph (a) of this section, and, where required, under paragraph (b) of this section, on all projects completed within the reporting year in a manner consistent with reporting requirements for the applicable HUD program.
§75.27 Contract provisions.
(a) Recipients must include language applying Section 3 requirements in any subrecipient agreement or contract for a Section 3 project.
(b) Recipients of Section 3 funding must require subrecipients, contractors, and subcontractors to meet the requirements of §75.19, regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts.

Subpart D —Provisions for Multiple Funding Sources, Recordkeeping, and Compliance
§75.29 Multiple funding sources.
(a) If a housing rehabilitation, housing construction or other public construction project is subject to Section 3 pursuant to §75.3(a)(1) and (2), the recipient must follow subpart B of this part for the public housing financial assistance and may follow either subpart B or C of this part for the housing and community development financial assistance. For such a project, the following applies:
(1) For housing and community development financial assistance, a Targeted Section 3 worker is any worker who meets the definition of a Targeted Section 3 worker in either subpart B or C of this part; and
(2) The recipients of both sources of funding shall report on the housing rehabilitation, housing construction, or other public construction project as a whole and shall identify the multiple associated recipients. PHAs and other recipients must report the following information:
(i) The total number of labor hours worked on the project; (ii) The total number of labor hours worked by Section 3 workers on the project; and (iii) The total number of labor hours worked by Targeted Section 3 workers on the project. (b) If a housing rehabilitation, housing construction, or other public construction project is subject to Section 3 because the project is assisted with funding from multiple sources of housing and community development assistance that exceed the thresholds in §75.3(a)(2), the recipient or recipients

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must follow subpart C of this part, and must report to the applicable HUD program office, as prescribed by HUD.
§75.31 Recordkeeping.
(a) HUD shall have access to all records, reports, and other documents or items of the recipient that are maintained to demonstrate compliance with the requirements of this part, or that are maintained in accordance with the regulations governing the specific HUD program by which the Section 3 project is governed, or the public housing financial assistance is provided or otherwise made available to the recipient, subrecipient, contractor, or subcontractor. (b) Recipients must maintain documentation, or ensure that a subrecipient, contractor, or subcontractor that employs the worker maintains documentation, to ensure that workers meet the definition of a Section 3 worker or Targeted Section 3 worker, at the time of hire or the first reporting period, as follows:
(1) For a worker to qualify as a Section 3 worker, one of the following must be maintained:
(i) A worker's self -certification that their income is below the income limit from the prior calendar year;
(ii) A worker's self -certification of participation in a means -tested program such as public housing or Section 8 -assisted housing;
(iii) Certification from a PHA, or the owner or property manager of project -based Section 8 - assisted housing, or the administrator of tenant -based Section 8 -assisted housing that the worker is a participant in one of their programs;
(iv) An employer's certification that the worker's income from that employer is below the income limit when based on an employer's calculation of what the worker's wage rate would translate to if annualized on a full-time basis; or
(v) An employer's certification that the worker is employed by a Section 3 business concern. (2) For a worker to qualify as a Targeted Section 3 worker, one of the following must be maintained:
(i) For a worker to qualify as a Targeted Section 3 worker under subpart B of this part:
(A) A worker's self -certification of participation in public housing or Section 8 -assisted housing programs;
(B) Certification from a PHA, or the owner or property manager of project -based Section 8 - assisted housing, or the administrator of tenant -based Section 8 -assisted housing that the worker is a participant in one of their programs;
(C) An employer's certification that the worker is employed by a Section 3 business concern; or

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(D) A worker's certification that the worker is a YouthBuild participant. (ii) For a worker to qualify as a Targeted Section 3 worker under subpart C of this part:
(A) An employer's confirmation that a worker's residence is within one mile of the work site or, if fewer than 5,000 people live within one mile of a work site, within a circle centered on the work site that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census; (B) An employer's certification that the worker is employed by a Section 3 business concern; or (C) A worker's self -certification that the worker is a YouthBuild participant. (c) The documentation described in paragraph (b) of this section must be maintained for the time period required for record retentions in accordance with applicable program regulations or, in the absence of applicable program regulations, in accordance with 2 CFR part 200. (d) A PHA or recipient may report on Section 3 workers and Targeted Section 3 workers for five years from when their certification as a Section 3 worker or Targeted Section 3 worker is established. §75.33 Compliance.
(a) Records of compliance. Each recipient shall maintain adequate records demonstrating compliance with this part, consistent with other recordkeeping requirements in 2 CFR part 200. (b) Complaints. Complaints alleging failure of compliance with this part may be reported to the HUD program office responsible for the public housing financial assistance or the Section 3 project, or to the local HUD field office.
(c) Monitoring. HUD will monitor compliance with the requirements of this part. The applicable HUD program office will determine appropriate methods by which to oversee Section 3 compliance. HUD may impose appropriate remedies and sanctions in accordance with the laws and regulations for the program under which the violation was found

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EXHIBIT A
File No.: 5.BEA.50-23

SUPPLEMENTAL AGREEMENT

SCOPE OF WORK
(NON-PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME: City of Beaumont UEI #: R8CSKWJ 1 NDK5
ADDRESS: 550 E. 6th Street
Beaumont, CA 92223
PROGRAM CONTACTS: Christina Taylor, Deputy City Manager PHONE: 951-572-3212 FAX:

E-MAIL:

PROJECT NAME: Pedestrian Sidewalk Safety Improvements Project PROJECT LOCATION: Various locations within the City of Beaumont LEVEL OF ENVIRONMENTAL CLEARANCE:

CDBG ELIGIBILITY CODE: 570.201 (c)
PROJECT FUNDING SUMMARY: $558,736
Project to be administered by County (HWS) on behalf of City: YES ❑ NO II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2023-2024 Community Development Block Grant for the Pedestrian Sidewalk Safety Improvements Project in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:

Activity #1 The City of Beaumont will use CDBG funds for sidewalk improvements to improve pedestrian safety. Improvements to include, but not limited to, lighting, sidewalk installation, and curb repairs. CDBG funds will be used for design and engineering, construction, and project management expenses.

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EXHIBIT A
File No.: 5.BEA.50-23
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective:

National Objective Criteria: 570.208 (a)(1)(i)
CFR Reference: Low Mod Area
C. Levels of Accomplishment — Goals and Performance Measures The City agrees to implement and complete the following activity(ies):

Activity #1 Design and engineering, construction, and project management expenses.

CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one):

Outcome (select one):

D. City Capacity
® Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
❑ Availability/Accessibility
❑ Affordability
® Sustainability (promoting livable or viable communities) By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds.

City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's performance under this Agreement.

Any changes in the above items are subject to the prior approval of the County.

E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated.

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EXHIBIT A
File No.: 5.BEA.50-23
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $161,533 Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).

The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City.

Line Item
CDBG Granted
Funds
Total of Non-
CDBG Funds
Total Activity/Project
Budget
Notes
Design/Engineering Costs
Project Administration Costs
Construction Costs
Acquisition Costs
Relocations Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Indirect Costs:

TOTAL CDBG BUDGET
$558,736
$558,736

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EXHIBIT A
File No.: 5.BEA.50-23
G. Total Amount of Non- CDBG Leveraging
TYPE le
FEDERAL 1

STATE/LOCAL

PRIVATE
OTHER
SOURCE
AMOUNT
r
SOURCE
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
AMOUNT
SOURCE
AMOUNT
TOTAL: $0.00
TOTAL
The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

B. Cost Principles
The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

C. Documentation and Record Keeping

1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

I Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

2. Records Retention

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EXHIBIT A
File No.: 5.BEA.50-23
The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low -moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after submission of the County's annual performance and evaluation report to HUD.

Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues.

3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.

4. Disclosure
The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are completed.

Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income.

6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits the Single Audit Act, and the Office of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

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EXHIBIT A
File No.: 5.BEA.50-23
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre -approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below:

Tasks / Milestone Start Date
Complete CDBG Training September 2023
Implement Project Activities Upon Notification from HWS Execute Supplemental Agreement September 2023 January 2024 & Notice to Incur Cost
Tasks / Milestone Start Date Completion Date
Submit Quarterly Performance Reports to County October 2023 Through June 2025 Completion Date
September 2023
County Monitoring of City Program/Performance To be determined by Program Manager Specific Project Activities

1. City executes Supplemental Agreement; receives Authorization to Incur Cost letter

2. City prepares final construction documents (incorporating Special Federal Provisions) for HWS review and approval

3. HWS authorizes City to advertise for bids

4. HWS reviews and approves bidding process

5. City awards construction contract

6. City and HWS conduct "pre -construction meeting"

7. HWS authorizes City to issue "Notice to Proceed"
City Submits Reimbursement Requests
Monthly Submittal ❑
Other Schedule
rz
CDBG-funded Project Complete
To be determined by Program Manager
June 15, 2025

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EXHIBIT A
File No.: 5.BEA.50-23
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
The City must follow proper procurement and construction policies and procedures of the City and CDBG regulations. Construction shall commence using CDBG funding with a Notice to Proceed.

A pre -construction meeting is required. The City must contact the CDBG Program Manager for review before submitting RFP, construction activity, or cost without prior written approval. The County must be contacted 10 (ten) days in advance for attendance of the Pre -Construction meeting.

Original signed Certified payrolls are to be submitted on a weekly basis to the HWS-CDBG program manager once construction starts.

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BEAUMONT
- C !� 1 1 0 R "1 A
Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE March 5, 2024
SUBJECT: Public Hearing Vacating Desert Lawn Drive between Oak Valley Parkway and 2,500 feet south of Oak Valley Parkway
Description Consideration of a Resolution Vacating Desert Lawn Drive, between Oak Valley Parkway and 2,500 feet south of Oak Valley Parkway and Interstate 10 Freeway.

Background and Analysis:

On February 6, 2024, City Council accepted the Notice of Intent (NOI) to vacate Desert Lawn Drive, between Oak Valley Parkway and 2,500 feet south of Oak Valley Parkway.

The street vacation is in conjunction with the Plot Plan 2018-0119 Beaumont Landing project. The project is proposing to realign a portion of Desert Lawn Drive, coincident with the project's boundary.

On February 6, 2024, City Council accepted right-of-way dedicated for the new alignment of Desert Lawn. Subsequently, the old portion of Desert Lawn Drive requires vacation to complete the realignment process.

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Figure 1- New Alignment of Desert Lawn Drive
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Figure 2- Portion of Desert Lawn Drive to be Vacated

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Section 8320(2) of the Streets and Highways Code (SHC) requires the City to publish the Notice of Hearing for the proposed street vacation at least fifteen days (15) before the hearing date. City staff published a Notice of Hearing in the Press -Enterprise on February 19, 2024. Refer to Attachment C for proof of publication.

Section 8322(a) of the SHC requires the legislative body to publish the Notice of Hearing for the proposed street vacation in a daily, semi-weekly, or weekly newspaper published and circulated in the city. Staff will publish all such notices. City staff published a Notice of Hearing in the Press -Enterprise on February 19, 2024.

Section 8323 of the SHC requires the legislative body to post notices of street vacation along the line of the street at least two weeks before the public hearing. The notices shall be posted not more than 300 feet apart, but at least three (3) notices shall be posted. City staff posted notices along Desert Lawn Drive on February 20, 2024. Refer to Attachment E for copy of notice and pictures of postings along Desert Lawn Drive.

Section 8324 of the SHC requires the legislative body to hear evidence from persons interested in the proposed street vacation. City staff published a Notice of Hearing in the Press -Enterprise on February 19, 2024. Refer to Attachment C for proof of publication.

Section 8341 of the SHC requires that the resolution to vacate the street include a recital for the reservation of existing easements such as existing utility easements and existing emergency access easements, if required by the public agency. City staff has determined that existing public utility easements shall be reserved. Refer to Attachment A for Resolution of the City Council of the City of Beaumont, California, Vacating Desert Lawn Drive, South Oak Valley Parkway.

Section 8324 of the SHC allows the legislative body to adopt a resolution to vacate the proposed street, if the City Council finds, from all the evidence submitted, that the street described in the notice of hearing is unnecessary for present or prospective public use.

City staff recommends City Council adopts a Resolution of the City Council of the City of Beaumont, California, Vacating Desert Lawn Drive, South Oak Valley Parkway.

Fiscal Impact:

The cost of preparing the staff report and posting the notices is estimated to be $1,200.

Recommended Action:

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Waive the full reading and adopt by title only, "A Resolution of the City of Beaumont, Vacating the Right -Of -Way Easement of Desert Lawn Drive, South of Oak Valley Parkway."
Attachments:

A. Resolution of the City Council of the City of Beaumont, California, Vacating Desert Lawn Drive, south of Oak Valley Parkway
B. Legal Description and Plat for Desert Lawn Drive
C. Notice of Hearing — Proof of Publication
D. California Streets and Highway Code for Street Vacation E. Desert Lawn Drive Vacation Posting

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RESOLUTION NO.

A RESOLUTION OF THE CITY OF BEAUMONT VACATING THE

STREET RIGHT-OF-WAY EASEMENT FROM DESERT LAWN

DRIVE, SOUTH OF OAK VALLEY PARKWAY
WHEREAS, the City Council initiated a proceeding to vacate the existing street right-of- way within Desert Lawn Driver, south of Oak Valley Parkway on February 6, 2024 and at least fifteen days has elapsed since the initiation of such proceedings; and WHEREAS, the City Clerk has set a hearing on this date by fixing the date, hour, and place of the hearing and causing the publishing and posting of the notices required by the California Streets and Highway Code (SHC) 8340 et. seq.;
WHEREAS, City wishes to vacate the street right-of-way only if the street vacation conforms to the provisions of the (SHC); and
WHEREAS, notice of the hearing on the proposed street vacation was published for at least two successive weeks prior to the hearing in a daily, semiweekly, or weekly newspaper published and circulated in the City;
WHEREAS, at least two weeks before the day set for the hearing, the City posted three conspicuous notices of vacation along the line of Desert Lawn Drive not more than 300 feet apart; WHEREAS, SHC Section 8340 requires that the legislative body determine if reservation of existing utility easements are required in the right of way that is to be vacated and in this case reservation of such existing utility easement is required; and WHEREAS, SHC Section 8320 requires the legislative body to schedule and hold a public hearing on the street is to be vacated and to hear evidence presented by anyone who has opposition to the street vacation; and
WHEREAS, SHC Section 8324 allows the legislative body to determine based on the evidence whether the street is unnecessary for present or prospective public use and if such a finding is made the street may be vacated by adopting a resolution to vacate the street; and WHEREAS, Staff recommend the street vacation of Desert Lawn Drive to proceed if the City Council makes the required findings.

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NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont does authorize the vacation of Desert Lawn per the following provisions:

Provision 1. All existing public utility easements are hereby reserved within the area of Desert Lawn Drive being vacated.

Provision 2. This resolution along with the legal description and plat for the vacation of Desert Lawn Drive, in the form attached hereto as Exhibit "A" and made a part hereof by this reference, shall be recorded with the Riverside County Clerk Recorder's Office by the City Clerk.

MOVED, PASSED AND ADOPTED this 5th day of March 2024.

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Elaine Morgan

CITY CLERK
By:

By:

David Fenn, Mayor, City of Beaumont

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EXHIBIT "A'
(attach legal description and plat)

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Recording Requested By:

City of Beaumont
When Recorded Mail To:

City of Beaumont Planning Dept.
550 E. Sixth Street
Beaumont, CA 92223
NOTICE OF STREET VACATION NO, 23-SV-001

RECORDED OWNER(S)
Beaumont Landing, LLC

AFFECTED ASSESSOR PARCEL NUMBER(S)
414-090-005
414-090-007

LEGAL DESCRIPTION
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

SIGNATURE OF RECORD OWNER{ i) (MUST BE NOTARIZED)
PRINT NAME Oscar Etemadian
Title/company (if applicable) CEO
SIGNATURE 67A —j, t!

SEE ATTACHED NOTARY ACKNOWLEDGEMENT

DEPARTMENT USE OLNY
This Notice of Street Vacation No. 23-SV-001 is approved By:

Title:

Date:

JAY S. FAHRION, P.L.S. 820

CITY SURVEYOR - CITY OF BEAUMONT

SURVEY DEPARTMENT APPROVAL

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
ON ijar /S r- o '4 oX c73
/. 14-r/e7`u

A NOTARY PUBLIC,
PERSONALLY Appeared,

BEFORE ME,
C/SC9 4-----7--m,91)/44
who proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is / are subscribed to the within instrument and acknowledged to me that he / she / they executed the same in his / her / their authorized capacity (ies), and that by his / her / their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. 1 certify under the PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.

WITNESS MY HAND AND OFFICIAL SEAL.

SIGNATURE:
loilibmier Aram — a A .0
. sa ROBERT T. ARRIETA
Notary Public - California
San Bernardino County t
Commission # 2335844 i
My Comm. Expires Oct 18, 2024
(Seal)

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
ON . BEFORE ME,

A NOTARY PUBLIC,
PERSONALLY Appeared,
who proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is / are subscribed to the within instrument and acknowledged to me that he / she / they executed the same in his / her / their authorized capacity (ies), and that by his / her / their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument.

I certify under the PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.

WITNESS MY HAND AND OFFICIAL SEAL.

SIGNATURE:
(Seal)

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 LA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ' L r y e_ r Si de_
On 4)7.07/ / a0--5 before me, YY\ w r -y J • 3tArnS/A/57-'a• r y Pct /r'i! .

Date Here Insert Name and Title of the Officer
personally appeared
41/
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the erson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that e he/they executed the same in his/her/their authorized capacity(ies), and that by&her/their signature(s)-on the instrument the person(s), or the entity upon behalf of which the person(s)-acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

MARY J. BURNS
'_
\
-- Notary Public California
' - Riverside County
Wit". .. Commission = 2378529
°mss; My Comm. Expires Nov 1 1 , 2025
Place Notary Seal Above
WITNESS my hand and official seal.

Signature 1--)//---(e-Aii/Sign e Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document r
Title or Type of Document: y;:4 �� ocument
Number of Pages: Signer(6) Other -Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):

Partner — ❑ Limited ❑ General
❑ Individual E Attorney in Fact
Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:

Date: // —
-7
Signer's Name:

D Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
E Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
E Other:

Signer Is Representing:
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©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907

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EXHIBIT "A"

LEGAL DESCRIPTION
STREET RIGHT-OF-WAY VACATION 23-SV-001
ALL THAT CERTAIN PORTION OF THE RIGHT OF WAY OF SOUTH FRONTAGE ROAD OF INTERSTATE 10 AS SHOWN ON STATE RIGHT OF WAY MAP NOS. 987102 AND 987103, DATED MARCH 22, 1962 AT COUNTY SURVEYOR'S MAP FILE NOS. 204-283 AND 204-284, DIRECTLY ADJACENT TO PARCELS 1 AND 2 OF GRANT DEED DOCUMENT NO. 2019-0369148, RECORDED SEPTEMBER 19, 2019, IN THE OFFICE OF

THE COUNTY RECORDER OF RIVERSIDE COUNTY AND LYING WITHIN THE NORTHEAST QUARTER OF FRACTIONAL SECTION 5, TOWNSHIP 3 SOUTH , RANGE 1 WEST, SAN BERNARDINO MERIDIAN, SITUATE

IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL 2 AS DESCRIBED IN SAID GRANT DEED 2019-0369148 AND LYING ON SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 10, AS SHOWN ON SAID

RIGHT OF WAY MAPS, SAID RIGHT OF WAY LINE BEING A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,600.00 FEET TO WHICH A RADIAL LINE BEARS N37°25'53"E TO SAID MOST EASTERLY CORNER;
THE FOLLOWING FOUR (4) COURSES BEING ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID SOUTH FRONTAGE ROAD OF INTERSTATE 10, NOW KNOWN AS DESERT LAWN DRIVE:

THENCE S19°56'28"W A DISTANCE OF 47.41 FEET ALONG A RADIAL LINE OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 680.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°12'31" AN ARC LENGHT OF 121.16 FEET;
THENCE N80°16'05"W A DISTANCE OF 250.02 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 270.00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8°38'02" AN ARC LENGTH OF 40.69 FEET

TO A POINT OF CUSP ON A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,525.00 FEET AND TO WHICH A RADIAL LINE BEARS S18°21'57"W;

THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°02'49" AN ARC LENGTH OF 267.42 FEET TO ITS INTERSECTION WITH THE

NON -TANGENT SOUTHERLY RIGHT OF WAY LINE OF AFOREMENTIONED SOUTH FRONTAGE ROAD FOR INTERSTATE 10 AND TO WHICH A RADIAL LINE BEARS N28°24'46":

THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE S80°16'05"E A DISTANCE OF 31.03 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 620.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°05'23" AN ARC LENGTH OF 217.39 FEET TO THE BEGINNING OF A NON -TANGENT LINE, AND TO WHICH A RADIAL LINE BEARS N29°49'29"E; THENCE LEAVING SAID RIGHT OF WAY LINE S83°31'17"E A DISTANCE OF 9.97 FEET ALONG SAID

NON -TANGENT LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 330.00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°4225" AN ARC LENGTH OF 159.58 FEET TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 10 AS SHOWN ON SAID RIGHT OF WAY MAPS TO WHICH A RADIAL LINE BEARS N34°11'08"E, BEING A POINT OF CUSP ON A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1,600.00 FEET ; Page569of718 SHEET IOF2

EXHIBIT "A"

LEGAL DESCRIPTION
STREET RIGHT-OF-WAY VACATION 23-SV-001

THENCE NORTHWESTERLY ALONG SAID CURVED SOUTHERLY RIGHT OF WAY LINE, AN INTIAL RADIAL LINE BEARS N48°05'48"E THROUGH A CENTRAL ANGLE OF 10°39'55" AN ARC LENGTH OF 297.83 FEET TO THE POINT OF BEGINNING.

CONTAINING A TOTAL AREA OF 30,761.97 SF. / 0.706 ACRES, MORE OR LESS.

RESERVING THEREFROM AN EASEMENT FOR PUBLIC UTILITY PURPOSES.

ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF

THIS DOCUMENT WAS PREPARED BY ME

OR UNDER MY DIRECTION
/ 4..._ 08/16/2023
W. W YNE HATLEY S 8645 DATE

Page 570 of 718 ends

OAK VALLEY PARKWAY
- [(555°09'00"W)] [294.93']
1 1
S34°51'00"E - 32.77')
EXHIBIT "B"
' STREET RIGHT-OF-WAY VACATION 23-SV-001
[(S60 18'08"VI/)l \'P�� l�
ss sso'7°\ NE 1/4 OF SEC 5, T. 3 S. , R. 1 W.,
\ , ° \o0 \-o0/6,0.
\ \ \< 1'' `;' Q� \� a��
\ �\ \ \ ��< �1% 9<- \'O,9
461,09
\ 8 N4 6M 2019-®369140 V -
\ e 1;�\\
\ " ti <\
\ , �► 8p O� `a\
� �� c 9
os -�\ y
`7 A
\ "':• 0
d9 \r�(1i .k
•
Fa
rn
R9
9 ` \ NZ OAP- \-3
-brOk ''' I
120' 240' r�\ # 4�®� •
1\ I�
\ V
GRAPHIC SCALE 1" = 120' \ S49*
BASIS OF BEARINGS RIGHT OF WAY LINE— .--\

BEING THE NORTHERLY RIGHT OF WAY LINE OF

SOUTH FRONTAGE ROAD, SE'LY OF OAK VALLEY
PARKWAY AS SHOWN ON STATE RIGHT OF WAY MAP -\
COUNTY SURVEYOR'S FILE NO. 204/283-284, DATED "IA
MARCH 22, 1962, A BEARING OF N80°16'05"W T\
LEGEND N\
STREET RIGHT-OF-WAY VACATION AS ✓ \

DESCRIBED IN ATTACHED EXHIBIT 'A' &

EASEMENT FOR PUBLIC UTILITIES
RESERVED HEREON.

CENTERLINE
—
-----RIGHT OF WAY
- — — — — - TIE LINE
RECORD PER GRANT DEED 2019-0369148

RECORD PER STATE RIGHT OF WAY MAP
COUNTY SURVEYOR'S FILE NO. 204-283
(X)
[X]
io
co.
[N34°51'00"W]

SAN BERNARDINO MERIDIAN

CURVE TABLE
#
RADIUS
LENGTH
DELTA
RECORD
C1
270.00'

40.69'
8°38'02"
C2
330.00'
159.58'
27°42'25"
C3
[(30.00')]
[(52.15')]
99°35'35"
[(99°35'38")]
C4
[(270.00')]
[(193.10')]
40°58'38"
[(40°58'35")]
C5
[(680.00')]
[(121.16')]
10°12'31"
[(10°12'33")]
C6
620.00'
139.19'
12°51'45"
C7
1,525.00
267.42'
10°02'49"
_

LINE TABLE
#

BEARING

DISTANCE
L1
[(S19°56'28"W)]
[(47.41')]
RADIAL
L2
[S85°43'39"E]
[150.68']
L3
S83°31'17"E

9.97'
L4
[S80°16'05"E]
[84.18]
L5
N80°16'05"W

53.13'
L6
N80°16'05"W

31.03'
o
o CT
W

STREET VACATION
30,761.98 SF.
0 0
0 n
O
R=330.00' DIAL
N34° 11'08"E �
R=1;600.0a E. RADIAL
N48 05'
{-e—RIGHT OF WAY LINE
\r11
ao
111
10 t I /

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SHEET 1 OF 1

.EGISLATIVE INFORMATION
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In the case of a public service easement, the description shall identify it with common certainty. The map or plan showing the location of the street, highway, or public easement proposed to be vacated is sufficient compliance with this paragraph.
(2) The date, hour, and place for hearing all persons interested in the proposed vacation. The date shall not be less than 15 days after the initiation of proceedings.
(Amended by Stats. 1998, Ch. 876, Sec. 20. Effective January 1, 1999.) 8321. (a) Ten or more freeholders may petition the board of supervisors to vacate a street or highway under this chapter. At least two of the petitioners shall be residents of the road district in which some part of the street or highway proposed to be vacated is situated and shall be taxable therein for street or highway purposes. (b) Five or more freeholders may petition the board of supervisors to vacate a public service easement under this chapter. At least one of the petitioners shall be a resident of the township in which the public service easement proposed to be vacated is situated.
(c) The residence address of each petitioner shall be set forth in the petition. (d) The board of supervisors may require the payment of a fee for filing a petition to defray the expenses of investigations, mailings, publications, and postings under this chapter. (e) Upon the filing of a petition and the making of the deposit, if any, required under this section, the board of supervisors, by order, shall fix the date, hour, and place of the hearing on the petition. At least two weeks before the day set for the hearing, the clerk of the board shall mail a notice of the date, hour, and place of the hearing to each of the petitioners at the address set forth in the petition. (f) Nothing in this section shall affect the right of�a le9islativv boo to initiate a proceeding under this chapter upon its own initiative, or upon petition or request o an n ereesLte p/elrssson, or prevent the board of supervisors from

vacating a street, highway, or public service easement without charging costs if the board determines it is in the public interest to do so.
(Amended by Stats. 1981, Ch. 64, Sec. 1.)
8322. (a) Except as provided in subdivisions (b) and (c), notice of the hearing on the proposed vacation shall be published for at least two successive weeks prior to the hearing in a daily, semiweekly, or weekly newspaper published and circulated in the local agency conducting the proceeding and which is selected by the legislative body for that purpose or by the clerk or other officer responsible for the publication where the legislative body has not selected any newspaper for that purpose.
(b) If the proceeding is conducted by a city and there is no daily, semiweekly, or weekly newspaper published and circulated in the city, the notice shall be published in some newspaper published in the county in which the city is located.
(c) Notice need not be published under this section where there is no daily, semiweekly, or weekly newspaper published and circulating in the county in which the local agency conducting the proceeding is located. (Amended by Stats. 1998, Ch. 876, Sec. 21. Effective January 1, 1999.) 8323. At least two weeks before the day set for the hearing, the legislative body shall post conspicuously notices of vacation along the line of the street, highway, or public service easement proposed to be vacated. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. If the line of the street, highway, or public service easement proposed to be vacated exceeds one mile in length, the legislative body may, in lieu of posting not more than 300 feet apart, post notices at each intersection of another street or highway with the street, highway, or public service easement to be vacated and at one point approximately midway between each intersection, but at least three notices shall be posted. (Amended by Stats. 1998, Ch. 876, Sec. 22. Effective January 1, 1999.) 8324. (a) At the hearing, the legislative body shall hear the evidence offered by persons interested. (b) If the legislative body finds, from all the evidence submitted, that the street, highway, or public service easement described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street, highway, or public service easement. The resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied.
(Amended by Stats. 1998, Ch. 876, Sec. 23. Effective January 1, 1999.) 8325. (a) The clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the recorder of the county in which the property is located. No fee shall be charged for recordation. (b) Upon such recordation, the vacation is complete.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)

Page 573 of 718 ends

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STREETS AND HIGHWAYS CODE - SHC
DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363] (Division 9 added by Stats. 1941, Ch. 79. ) PART 3. PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW [8300 - 8363] (Part 3 repealed and added by Stats. 1980, Ch. 1050, Sec. 29. )
CHAPTER 5. Reservation and Preservation of Easements [8340 - 8349] ( Chapter 5 added by Stats. 1980, Ch. 1050, Sec. 29. )
ARTICLE 1. Reservation of Easements [8340 - 8341] (Article 1 added by Stats. 1980, Ch. 1050, Sec. 29. ) 8340. In a proceeding to vacate a street or highway:
(a) A public entity may reserve and except from the vacation the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated.
(b) A local agency may reserve and except from vacation an easement for a future street or highway, unless the local agency finds that the street or highway is unnecessary for prospective public use. (c) If there are in -place public utility facilities that are in use, a public entity shall, unless the legislative body determines the public convenience and necessity otherwise require, reserve, and except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities. (d) A public entity may reserve and except from the vacation, or may grant to another state or local public agency, an easement and right, at any time or from time to time, to construct, maintain, operate, replace, remove, and renew vehicular or nonvehicular trails for use by the public in, upon, over, and across a street or highway proposed to be vacated.
(Amended by Stats. 1990, Ch. 248, Sec. 1.)
8341. (a) In a proceeding to vacate a street or highway, if the legislative body determines that the public convenience and necessity require the reservation and exception of easements and rights -of -way for works enumerated in Section 8340, such reservations and exceptions shall be recited in the resolution of vacation, in addition to any other matter required to be recited therein. The recital may describe the reservations and exceptions by reference to a precise map which is recorded or to which reference is made in the resolution and which is permanently maintained by the public entity.
(b) Subsequent proceedings of the public entity in relation to the vacation, including a deed or conveyance of title to or an interest in the property, are subject to, and governed by, the reservations and exceptions recited in the resolution of vacation and the deed or conveyance shall contain a recital to that effect. (Added by Stats. 1980, Ch. 1050, Sec. 29.)

Page 574 of 718 ends

THE PRESS -ENTERPRISE

KEEP YOUR EYES ON THE 'PRISE
Signature
The Press -Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Publication: The Press -Enterprise

PROOF OF PUBLICATION OF
Ad Desc:

FILE NO.

PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above -
entitled matter. I am an authorized
representative of THE PRESS -
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
0211612024
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Date: February 16, 2024.

At: Riverside, California

LEGAL ADVERTISEMENT
NOTICE I5 HEREBY GIVEN, that the City of Beaumont will conduct a public hearing to consider the matter described below. The Clty of Beaumont's public hearing will be held at 6:00 p.m. on Tuesday, March 5, 2024, at 550 East Sixth Street, Beaumont, California.

The public street, Desert Lawn Drive is to be vacated by the Clty of Beaumont, between Oak Valley Parkway and 2,500 feet south of Oak Valley Parkway. The vacation of Desert Lawn Drive shall be In accordance with Callfornla Streets and Highway Code Chapter 3, Section 8320-8325.

This meeting will be open to the public and will be recorded for live streaming. Please use the following link during the meeting for live stream access:

BeaumontCa.gov/Livestream
Public comments will be accepted using the following options:

1. Emalled comments will be read aloud during the corresponding Item of the meeting. Please submit your comments to NlcoleW@ BeaumontCa.gov

2. In person public comments.

3. Call -in comments using a teleconference phone line (951) 922-4845.

City Council will conduct a public hearing to receive testimony and comments from all Interested persons. Public comments shall not exceed three minutes unless otherwise authorized by City Council.

Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding item.

Dated: February 13, 2024
The Press -Enterprise
Published: 2/16/24

Page 575 of 718 ends

Desert Lawn Vacation - Page 1 of 1

The public street, Desert Lawn Dr., is to
be vacated by the City of Beaumont,
between Oak Valley Parkway and 2500 Feet South of Oak Valley Parkway.

The vacation of Desert Lawns shall be
in accordance with California
Streets and Highway Code Chapter
3, Section 8320-8325.

The public hearing for the proposed
vacation is scheduled on March 5, 2024
at the Beaumont City Hall
starting at 6:00 PM.

BEAUMONT

Page 576 of 718 ends

BEAUMONT
-C A L 1 F RIPAT
N 1 -
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
DATE March 5, 2024
SUBJECT: Level of Service Considerations
Description Discussion on changing the City of Beaumont's minimum Level of Service (LOS) requirement.

Background and Analysis:

Level of service is a qualitative description of traffic flow based on several factors, such as speed, travel time, delay, and freedom to maneuver. Six levels are typically defined, ranging from LOS "A," representing completely free -flow conditions, to LOS "F," representing breakdown in flow resulting in stop -and -go conditions. LOS "E" represents operations at or near capacity and is an unstable level during which vehicles are operating with minimum space for maintaining uniform flow. As such, on key auto - priority corridors, it is important to improve those facilities to allow for freer movement of travel. The City has adopted a minimum LOS of D for streets and intersections.

CITY OF BEAUMONT LOS REQUIREMENTS
On June 16, 2020, the City Council amended the Traffic Impact Analysis guidelines to be consist with the Recommended Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment (Guidelines) prepared by Fehr and Peers for WRCOG and member agencies. The Guidelines state the following:
• "Any signalized study intersection operating at an acceptable LOS D or better without project traffic in which the addition of project traffic causes the intersection to degrade to a LOS E or F shall identify improvements to improve operations to LOS D or better"
• "Any study roadway segment operating at a LOS D or better without project traffic in which the addition of project traffic causes the segment to degrade to an LOS E or F should identify improvements to achieve LOS D"

Page 578 of 718 ends

On December 1, 2020, the City Council adopted the 2040 General Plan which included Circulation Element Goal 4.1.2 "Maintain LOS D on all auto -priority streets in Beaumont.

LOS E is considered acceptable on non -auto -priority streets."

SURROUNDING AGENCIES LOS REQUIREMENTS
Fehr and Peers surveyed twenty-two surrounding agencies for LOS policy. Fifteen agencies have a LOS D. Seven agencies have a LOS C. No agency within the survey has a LOS A or LOS B. The following is a summary of the survey:

Table 1- Summary of LOS Survey of Local Agencies
LOS Policy
LOS C for City streets and LOS D at freeway Interchanges Standard of LOS C for roadways
LOS D
LOS C
LOS C
LOS C on roadway links and LOS D in the vicinity of SR -60.

Strive to maintain LOS D at intersections durring peak
hours,
LOS D along City maintained roads and along 1-215 and
SR 74. LOS E allowed in Downtown Specific Plan Area.

LOS D for peak -hour intersection movements and LOS C
for roadway segment operations
LOS C
LOS D
LOS D
LOS D, for Intersections near 1-215 LOS E
LOS D , LOS E at freeway interchanges
LOS D for study intersections and roadways of collector or higher. LOS C for all street intersections.

LOS D. LOS E allowed in in dsignated community centers
to the extent that it would support TOD.

LOS D. LOS E for arterial roadways which are used as
freeway bypass
LOS D
LOS D
LOS C for roadways and LOS D for intersections
LOS D
LOS D
LOS D
Source
Banning
Calimesa
San Jacinto
Yucaipa
Redlands
Moreno Valley
Perris
Hemet
Loma Linda
Desert Hot Springs
Palm Springs
Menifee
Murrieta
Wildomar
Lake Elsinore
Riverside
Jurupa Valley
Rialto
San Bernardino
Colton
Highland
Big bear Lake
2006 General Plan Circulation Element
2014 General Plan Circulation Element/TIA Guidelines
2020 TIA Guidelines
2016 General Plan Circulation Element
2018 General Plan Curculation Element/2020 TIA Guidelines 2021 General Plan Curculation Element
2022 General Plan Circulation Element
2012 General Plan Curculation Element
2009 General Plan Circulation element
2020 General Plan Circulation Element
2007 General Plan Circulation Element
General Plan Circulation Element
General Plan Circulation Element
TIA Guidelines
General Plan Circulation Element
General Plan Circulation Element
2017 General Plan Circulation Element
2010 General Plan Circualtion Element
2005 General Ian Circulation Element
2013 General Plan Circualtion Element
General Plan Circulation Element
General Plan Circulation Element

CHANGING CITY'S LOS REQUIREMENETS
Changing the City's level of service policy has a variety of impacts that should be analyzed and discussed. Achieving a more free -flow LOS condition has implications for both capital costs (e.g. higher construction funding needed), on -going maintenance requirements (wider roads have higher maintenance costs), environmental and right-of- way implications, and impacts to land developments. Fehr and Peers provided a scope and fee to provide the required analysis.

Page 579 of 718 ends

Subject to City Council's direction, City staff will work with Fehr and Peers to develop a future item and present the full analysis to City Council.

Fiscal Impact:

The cost to prepare this staff report and presentation is estimated at $2,500.

The cost for Fehr and Peers to perform the required analysis and present the results is $41,000 and will be paid from the Public Works Department's contractual services budget, GL Account 100-3100-7068-0000.

Recommended Action:

Discussion and direction to staff with the following options:
a. Direct staff to continue implementing the current LOS, or b. Direct staff to perform an in-depth analysis and bring the item back for further discussion
Attachments:

A. Level of Service Presentation

Page 580 of 718 ends

Level of Service Considerations
Jason D. Pack, P.E.

FEHR'i'PEERS

Page 581 of 718 ends

What is Level of Service
(LOS)
Nearby Agency Standards
Level of Service Considerations

Page 582 of 718 ends

What is LOS?
FEHR k'PEERS
llI8/rn'jy CAPA
7TH EDITION MANUA,T,DHl A GUIDE FOR L

MULT/MODAL MOBILITY ANALYSIS
scrycts • Vv.,/ tn tRING • tDICIP,

Page 583 of 718 ends

FEHR''PEERS
LOS
Defined in the General Plan
Level of service is a qualitative description of traffic flow based on several factors, such as speed, travel time, delay, and freedom to maneuver. Six levels are typically defined, ranging from LOS "A," representing completely free -flow conditions, to LOS "F," representing breakdown in flow resulting in stop -and -go conditions. LOS "E" represents operations at or near capacity and is an unstable level during which vehicles are operating with minimum space for maintaining uniform flow. As such, on key auto -priority corridors, it is important to improve those facilities to allow for freer movement of travel. However, in key areas of the City where retail, pedestrian, and bicycle travel are expected (such as the City's downtown core of Beaumont Avenue and Sixth Street), slower travel is expected (improving safety) and free -flow travel is not desired.

Page 584 of 718 ends

LOS
How it is Calculated
MMIM.

P CIT11 ANALYSIS
C MOBILITY MUIYtU%11Y1NDE FOR MULTIMODA
7TH EDITION I A GUI sok vas tNco.tow.c., Nook.

FEHR-'PEERS
✓ Delay -based measurement — estimates vehicle delay at the intersection level ✓ Measured based on peak 15 -minute period of the peak hour (referred to as peak hour) ✓ For intersections, includes driver reaction time, signal timing parameters, capacity of the intersection based on field measurements (ideal saturation flow rate), presence of heavy vehicles, etc.
✓ Roadway segment LOS is tiered from the peak hour capacity at the intersection level

Page 585 of 718 ends

LOS A / B -Free Flow
til
t.:a,li F• -t
1 i
;rfff
• Vilitt
•11 , i
L-'
I
sci oloom

FEHR & PEERS

TNANSPONTATION CONSULTANTS

Page 586 of 718 ends

LOS E - At -Capacity

Page 587 of 718 ends

LOS D -City's Current Policy
• , sr -• • 1
r ti ` f "*.1-ft+iR" ,
�1r

FEHR & PEERS

NANSAONTATION CONSULTANTS

Page 588 of 718 ends

LOS -Perspective Matters

Page 589 of 718 ends

Why LOS D -Perspective
To a driver: LOS A
To an economist: LOS F
To a driver: LOS F
To an economist: LOS A

Page 590 of 718 ends

Other Perspectives -Modal Equality
Person Space (Auto)

Page 592 of 718 ends

Other Perspectives -Modal Equality
Person Space (Bus)

Page 593 of 718 ends

Nearby
Agency
Standards
FEHR t'PEERS
C
ty
LOS Policy
LOS C for City streets and LOS D at freeway Interchanges Standard of LOS C for roadways
LOS D
LOS C
LOS C
LOS C on roadway links and LOS D in the vicinity of SR -60.

Strive to maintain LOS D at intersections durring peak
hours.

LOS D along City maintained roads and along 1-215 and
SR 74. LOS E allowed in Downtown Specific Plan Area.

LOS D for peak -hour intersection movements and LOS C
for roadway segment operations
LOS C
LOS D
LOS D
LOS D. for Intersections near 1-215 LOS E
LOS D , LOS E at freeway interchanges
LOS D for study intersections and roadways of collector or higher. LOS C for all street intersections.

LOS D, LOS E allowed in in dsignated community centers
to the extent that it would support TOD.

LOS D. LOS E for arterial roadways which are used as
freeway bypass
LOS D
LOS D
LOS C for roadways and LOS D for intersections
LOS D
LOS D
LOS D
Source
Banning
Calimesa
San Jacinto
Yucaipa
Redlands
Moreno Valley
Perris
Hemet
Loma Linda
Desert Hot Springs
Palm Springs
Menifee
Murrieta
Wildomar
Lake Elsinore
Riverside
Jurupa Valley
Rialto
San Bernardino
Colton
Highland
Big Bear Lake
2006 General Plan Circulation Element
2014 General Plan Circulation Element/TIA Guidelines
2020 TIA Guidelines
2016 General Plan Circulation Element
2018 General Plan Curculation Element/2020 TIA Guidelines 2021 General Plan Curculation Element
2022 General Plan Circulation Element
2012 General Plan Curculation Element
2009 General Plan Circulation element
2020 General Plan Circulation Element
2007 General Plan Circulation Element
General Plan Circulation Element
General Plan Circulation Element
TIA Guidelines
General Plan Circulation Element
General Plan Circulation Element
2017 General Plan Circulation Element
2010 General Plan Circualtion Element
2005 General Ian Circulation Element
2013 General Plan Circualtion Element
General Plan Circulation Element
General Plan Circulation Element

Page 594 of 718 ends

Other
Considerations
FEHR'i'PEERS

Page 595 of 718 ends

Traditional Approach
Traditional Transportation Planning Process

FEHR ''PEERS
Thresholds Based
Transportation
Planning
-LOS
- Functional Class
- Design Standards
Nimil
Process results in a plan that has unknown costs and is unlikely to be fully implemented resulting in traffic operations that will be worse than projected.

Recommended
Transportation
Plan
- Sized to Threshold

Page 596 of 718 ends

Funding Concerns
PETER G. The real purchasing power of the federal gas tax has PETERSON FOUNDATION declined by nearly 45 percent since 1993

CENTS PER GALLON
20 FEHR''PEERS
Nominal Value of the Gas Tax
15 10
5 Purchasing Power of the Gas Tax
(1993 Dollars)
0 .
1993 1997 2001 2005 2009 2013 2017 2021
SOURCES: U.S_ Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers: All Items !CPIAUCSLI retrieved hom Federal Reserve Bank of St. Louis, February 2021; and Congressional Budget Office, Optans for Reducing the Deficit 2027 to 2030, December 2020.

NOTE: The chart above includes only the federal excise tax on gasoline, and not the separate federal excise tax on diesel fuel. 02021 Peter G. Peterson Foundation r r ae

Page 597 of 718 ends

Funding Concerns
✓....state funding has fallen dramatically below the levels needed to maintain the system. Annual maintenance and repair needs on the state's highway system are significantly more than can be funded within existing resources, with a current identified funding gap of almost $6 billion annually.

Source — State of California Department of Finance

FEHR ''PEERS

Page 598 of 718 ends

LOS B or LOS C
Considerations
FEHR t'PEERS
✓Balancing the needs of:
✓Reducing vehicle travel time
✓Increasing pedestrian crossing
times, delay, and exposure to
vehicles (e.g. making it less safe for
pedestrians)
✓Increasing stormwater runoff
✓Removing riparian habitat
✓Increasing heat island effect

Page 599 of 718 ends

Updated Approach
The"New"Transportation Planning Process

FEHR ''PEERS
Land Use
Planning
Constraints Based
Transportation
Planning
- Funding
- Environmental
- Political
Recommended
Transportation
Plan
- Sized to Constraints
for design year
- ROW based on
thresholds
Feedback Available (if plan is politically unacceptable) Process results in a plan that is consistent with constraints (especially available funding) and provides a realistic assessment of future traffic operations. ROW is still preserved based on thresholds.

Page 600 of 718 ends

Beaumont Considerations
V2017 Pavement Condition Index
Vindicates that there is likely deferred
maintenance
✓Likely due to funding constraints?
✓LOS D policy reflects these
constraints — changing the LOS
policy increases capital and
maintenance costs
FEHR 'i'PEERS
Legend
Pavement_Management_Lyr
Cumnt_P
- Pa 0 - 25 (Failed - Very Poor)
- PCI 25 - 50 (Poor)
- PCI 50 - 70 (AI e - Fair)
- PCI 70 - 100 (Good - Very Good)
Page601 of718

FEHR k'PEERS
Questions? /

Page 602 of 718 ends

BEAUMONT
- C !� 1 1 0 R "1 A
Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE March 5, 2024
SUBJECT: Cooperative Agreement for Potrero Boulevard Interchange Phase 11 Project PS&E and R/W
Description Cooperative Agreement (Agreement) for the State Route 60 (SR- 60)/Potrero Boulevard Interchange Phase 11 Project (Project) between the Riverside County Transportation Commission (RCTC) and the City of Beaumont for plans, specifications, and estimates (PS&E) and right-of-way (ROW) phases for an amount of $5,706,000.

Background and Analysis:

The Project includes the design and construction of the eastbound and westbound off - ramps and loop on -ramps (partial cloverleaf interchange) to provide access to SR -60, the realignment of Western Knolls Avenue that fronts the freeway, and installation of landscape features to complete the interchange.

On December 19, 2023, City Council approved a Professional Service Agreement with Mark Thomas to complete the PS&E phase of the Project. Mark Thomas was issued a notice to proceed and has commenced completing the design.

Due to the complexity of the Project and strict requirements to obligating the funds prior to June 30, 2025, City staff is requesting that RCTC serve as the lead agency for the PS&E and ROW phase. RCTC will provide direction to Mark Thomas, coordinate with consultants for ROW work, and push the Project through Caltrans. The City will continue to provide direction and input and provide all Project funding. Complete obligations for the City and RCTC are listed in sections 3.6 and 3.7, respectively, in the Agreement. Refer to Attachment A for the draft Agreement.

The Agreement will be amended in the future to include remaining phases including construction and closeout once total construction funding is identified.

Fiscal Impact:

Page 603 of 718 ends

The cost to prepare this staff report is estimated to be $750.

RCTC's estimated cost for PS&E and ROW support is $1,153,000. The estimated cost for right-of-way expense is $4,553,000. The total estimated cost of the Agreement is $5,706,000 and will be paid from CIP 2016-003 Potrero Phase II project. 2016-003 Potrero Phase!! Project Accounting Summary
Funding Summary
Funding Year
Funding Source
Amount
21/22
Pass Zone TIP (Design)
$1,500,000
22/23
Pass Zone TIP (Design)
$1,500,000
23/24
Pass Zone TIP (Construction)
$3,500,000
23/24
TCEP (State)
$7,500,000
23/24
TCEP NHFP (Federal)
$26,000,000
23/24
RCTC TUMF RA (Construction)
$8,000,000
23/24
General Fund (Design)
$1,000,000
23/24
General Fund (ROW+Cont)
$5,000,000
Total Project Funding = $54,000,000
Budget Summary
Project Component
Budget
Encumbered
Paid to Date
Remaining
Budget
Project Management
$0
$0
$0
$0
Preliminary Services
$0
$0
$0
$0
Environmental
$0
$0
$0
$0
Design
$4,408,658
($3,245,390)
($109,836)
$1,163,268
Construction
$45,000,000
$0
$0
$45,000,000
Construction Management
$0
$0
$0
$0
Permits
$0
$0
$0
$0
Right-of-way
$4,591,342
($4,980)
($4,348)
$4,586,362
Unfunded
$20,000,000
$0
$0
$20,000,000
Project Summary Totals
$74,000,000
($3,250,370)
($114,184)
$70,749,630
Recommended Action:

Approve a Cooperative Agreement between Riverside County Transportation Commission and the City of Beaumont for the State Route 60/Potrero Boulevard Interchange Phase II Project for Plans, Specifications, and Estimates and Right -of -Way Phases in an amount not to exceed $5,706,000.

Attachments:

Page 604 of 718 ends

A. Draft Cooperative Agreement

Page 605 of 718 ends

Agreement No.

COOPERATIVE AGREEMENT

BETWEEN

RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND THE

CITY OF BEAUMONT
FOR THE SR-60/POTRERO BOULEVARD INTERCHANGE PHASE II PROJECT

PLANS, SPECIFICATIONS, AND ESTIMATES AND RIGHT OF WAY PHASES

1. Parties and Date. This Cooperative Agreement is made and entered into this day of , 2024 ("Effective Date"), by and between the Riverside County Transportation Commission ("RCTC") and the City of Beaumont ("City"). RCTC and the City are sometimes referred to herein individually as a "Party" and collectively as the "Parties".

2. Recitals.

2.1 The City is undertaking the SR -60 Potrero Boulevard Interchange Phase II Project, which includes the design and construction of a six ramp, partial cloverleaf interchange ("Project"). The City has engaged the services of an architectural and engineering consultant to prepare the plans, specifications and estimates ("PS&E") for the Project (the "PS&E Consultant").

2.2 The City is currently working to complete the PS&E phase of the Project, which includes preparation and management of the PS&E final design ("PS&E Phase"); and the right-of-way ("ROW) phase of the Project, which includes right-of-way management, right-of-way acquisitions, and right-of-way utility coordination (ROW Phase").

2.3 In order to meet funding deadlines, the City has requested that RCTC serve as the lead agency for the PS&E Phase and ROW Phase (collectively, "PS&E and ROW Phases"), with the City to provide support and to fund all costs incurred by RCTC for the PS&E and ROW Phases including, but not limited to, RCTC staff and consultant project management costs, ROW acquisition costs and legal services.

2.4 RCTC has agreed to act as the lead agency for the PS&E and ROW Phases. The City shall continue to be the contracting entity under the professional services agreement with the PS&E Consultant.

2.5 The Parties anticipate entering into a future amendment to this Cooperative Agreement to include the construction phase of the Project.

2.6 The Project is located adjacent to and within the jurisdictional boundaries of the City and may require improvements to streets within the City. 1 17336.00001 \41996306.2

Page 606 of 718 ends

2.7 RCTC shall be the direct recipient of any federal and state funds provided for the Project, and shall utilize the funding disbursed by Caltrans solely for the Project.

3. Terms.

3.1 Estimated Cost of PS&E and ROW Phases. The Parties estimate that the total cost for the PS&E and ROW Phases to be incurred by RCTC, including, but not limited to, RCTC staff and consultant project management costs, ROW acquisition costs, legal services, outreach costs, and other direct costs (but excluding the PS&E Consultant costs, which are not covered under this Cooperative Agreement) shall be Five Million, Seven Hundred Six Thousand Dollars ($5,706,000) ("Estimated PS&E and ROW Phase Costs"). The Estimated PS&E and ROW Phase Costs are further detailed in Exhibit A attached to this Cooperative Agreement and incorporated herein by reference.

3.2 PS&E and ROW Phases of Work.

A. RCTC shall be the lead agency for the PS&E and ROW Phases. All costs and expenses incurred by RCTC for the PS&E and ROW Phases shall be reimbursed by the City using local funding sources, or such other funding sources available to the City. The Parties agree that RCTC shall not have any obligation to fund the PS&E or ROW Phases using its own funds. In the case that funds in addition to the funding amount specified in Section 3.1 above are needed to complete the PS&E and ROW Phases, the City shall be responsible for identifying and obtaining such additional funding. Allocation of additional funding shall be by amendment to this Cooperative Agreement or by separate agreement.

B. RCTC shall manage the PS&E Consultant and shall complete such other work and services required for the PS&E and ROW Phases within the term of this Cooperative Agreement, as provided in Section 3.3, unless extended by mutual agreement of the Parties.

3.3 Term of Agreement. The term of this Cooperative Agreement shall extend from the Effective Date and shall remain in effect through December 31, 2030, or until written agreement by the Parties that the PS&E and ROW Phases have been completed, unless earlier terminated as provided in this Cooperative Agreement.

3.4 Cooperation. RCTC and the City agree to cooperate in the development of the PS&E and ROW documents required for Project, completion of the PS&E and ROW Phases, and the implementation of this Cooperative Agreement.

3.5 Reporting. RCTC shall, in a timely manner, provide milestone reports to the City, detailing the progress of the PS&E and ROW Phases.

3.6 Obligations of the City.

A. RCTC shall submit invoices no less frequently than quarterly in any quarter in which reimbursable expenses are incurred but not to exceed once per month. The City shall timely review and pay approved invoices 2 17336.00001\41996306.2
Commented [MM1]: the project has TUMF Regional funds
of $8M (from RCTC) for CON, TUMF Zone ($250k) funds
from WRCOG(?) for PE, and city funds ($6.2M) on CON not sure how those will flow to us. So something to maybe ask Anne about. in other agreements we include a funding plan as an exhibit, might want to consider adding that.

Commented [DL2R1]: thanks for the feedback. ill add a
funding exhibit

Page 607 of 718 ends

within thirty (30) days. The City shall promptly notify RCTC of any disputed charges.

B. The City may provide a City oversight engineer or other City staff to oversee any PS&E Phase or ROW Phase work or services at its own cost.

C. At the request of RCTC, and subject to the City's reasonable discretion, the City shall exercise any rights of the City as the contracting entity under the PS&E Consultant contract.

D. The City shall process any City encroachment permits required for the PS&E and ROW Phases at no cost to RCTC or its consultant(s) provided that RCTC or the consultant(s), as the case may be, submits a complete application for such encroachment permits consistent with City's requirements. The determination on whether the application is complete and whether an encroachment permit may be issued shall be made by the City in its sole and absolute discretion pursuant to its municipal code, policies, procedures, and any other applicable law.

E. The City shall timely review design plans for the Project including, but not limited to, the PS&E and ROW documents and provide any approvals or comments within thirty (30) days of receipt of the plans. If the City fails to provide any comments or its approval within said time period, RCTC shall provide notice to the City Engineer of the City that the design plans or construction documents shall be deemed approved by the City if no comments are received within an additional 15 days.

The CITY shall inspect any other PS&E or ROW Phases work or services upon written notice of completion of the work or services by RCTC to the City, and shall timely provide approval or identify any nonconformities identified by the City within thirty (30) days, or such other reasonable period requested by RCTC.

F. The City shall not allow any encroachment within the City's right of way if such encroachment may interfere with the Project or the Project construction, without first coordinating the same with the Contractor and RCTC.

G. The City shall not take any action with the intent or effect of unnecessarily impacting the timely implementation of the Project by RCTC.

G. The City shall work cooperatively, and shall provide prompt responses and assistance to RCTC to ensure the timely completion of the PS&E and ROW Phases.

H. The City shall promptly exercise all rights it may have, or shall assist RCTC in exercising rights on behalf of the City, under any franchise 3 17336.00001 \41996306.2

Page 608 of 718 ends

agreements or Caltrans Master Agreements for utilities that require relocation or protection for the Project.

3.7 Obligations of RCTC
A. RCTC shall serve as the lead agency for the PS&E and ROW Phases.

RCTC shall be responsible for obligating state or federal funds, to the extent applicable; procuring, retaining and overseeing consultant(s) as required or reasonably necessary for completion of the PS&E and ROW Phases; and managing the PS&E Consultant.

B. As part of managing the PS&E Consultant, RCTC shall review PS&E Consultant invoices and submit approved invoices to the City for payment by the City directly to the PS&E Consultant.

C. RCTC shall provide the City an opportunity to review and approve all design and construction documents for the Project prior to finalization of such design document for the Project for public bidding purposes.

D. RCTC shall invoice the City for PS&E and ROW Phases expenses, incurred in accordance with this Cooperative Agreement, no less frequently than quarterly in any quarter in which reimbursable expenses are incurred, but not to exceed once per month. Invoices submitted to the City shall be in a form and include such detail as reasonably requested by the City.

E. To the extent applicable, RCTC shall be the direct recipient of any federal and state funds to be provided for the Project, and shall invoice Caltrans for Project costs at minimum once every six months, or as otherwise required by Caltrans.

F. RCTC shall create any necessary Project records, reports and financial accounts to permit disbursement of allocated funds to RCTC, and shall ensure, to the extent applicable, that federal and state reporting requirements are met.

G. As of the Effective Date, RCTC shall be solely responsible and liable for ensuring that the PS&E and ROW phases are completed in compliance with all applicable federal and state rules and regulations to ensure future federal funding eligibility of the Project.

H. RCTC shall process any required FTIP amendments.

I. Additional ROW Phase Obligations.

1. RCTC is responsible for all ROW work required for the Project except as expressly set forth in this Cooperative Agreement. 4 17336.00001 \41996306.2

Page 609 of 718 ends

2. RCTC shall make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the Project.

3. RCTC shall provide City a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for City's concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to ROW certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the Project plans, specifications, and estimate.

4. RCTC will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.

5. Acquisition of ROW will not occur prior to the approval of the environmental document without written approval from the CEQA lead agency for the Project.

6. RCTC will utilize a properly licensed consultant for all ROW activities. RCTC shall provide the City with copies of appraisal reports and acquisition documents upon request. RCTC will prepare ROW certification prior to advertising the construction contract. Physical and legal possession of the ROW must be completed prior to advertising the construction contract, unless Parties mutually agree to other arrangements in writing.

7. RCTC shall be the lead agency on eminent domain activities, if required for the Project.

8. Title to any property to be transferred to City by RCTC shall be free of all encumbrances and liens, except as to those items which City agrees are not in conflict with use of the property for roadway purposes. Upon acceptance, RCTC will provide City with a policy of title insurance in City's name.

3.8 Mutual Indemnification.

A. RCTC shall, at its sole cost and expense, indemnify, defend and hold the City, its officials, officers, employees, consultants and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, judgments, penalties, damages or injuries, in law or in equity, to property or persons, including wrongful death, whether actual, alleged or threatened, which arise in any manner out of, pertain to, or relate to, in whole or in part, to any negligent acts, omissions or breach of law, recklessness, or willful misconduct of RCTC, its officials, officers, 5 17336.00001 \41996306.2

Page 610 of 718 ends

employees, agents, consultants or contractors in the performance of RCTC's obligations under this Cooperative Agreement, including but not limited to the payment of expert witness fees and reasonable attorneys' fees and costs.

B. The City shall, at its sole cost and expense, indemnify, defend and hold RCTC and its officials, officers, employees, consultants and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, judgments, penalties, damages or injuries, in law or in equity, to property or persons, including wrongful death, whether actual, alleged or threatened, which in any manner arise out of, pertain to, or relate to, in whole or in part, to any negligent acts, omissions or breach of law, recklessness, or willful misconduct of City, its officials, officers, employees, agents, consultants or contractors in the performance of City obligations under this Cooperative Agreement, including but not limited to the payment of expert witness fees and reasonable attorneys' fees and costs.

3.9 Amendments. The terms and conditions of this Cooperative Agreement shall not be altered or modified at any time except by a written amendment executed by the mutual consent of the Parties by an instrument in writing.

3.10 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either Party shall be deemed to waive or render unnecessary such Party's consent to or approval of any subsequent act of the other Party.

Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Cooperative Agreement.

3.11 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Cooperative Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Funding Agreement, which shall be interpreted to carry out the intent of the parties hereunder.

3.12 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Cooperative Agreement, shall survive any such expiration or termination.

3.13 RCTC Disclaimer. In no event shall RCTC be responsible or liable for the quality, suitability, operability or condition of any design or construction by the Project consultants or the contractor, as applicable, and RCTC expressly disclaims any and all express or implied representations or warranties with respect thereto, including any warranties of suitability or fitness for use.

3.14 Third Party Beneficiaries. There are no third -party beneficiaries to this Cooperative Agreement.
6 17336.00001 \41996306.2

Page 611 of 718 ends

3.15 Termination. Any Party may terminate this Cooperative Agreement by giving thirty (30) days written notice thereof.

3.16 Assignment or Transfer. The Parties shall not assign, hypothecate, or transfer, either directly or by operation of law, this Cooperative Agreement or any interest herein without the prior written consent of the other Parties. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.17 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation

3.18 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

To RCTC:

Copy to:

To City:

Copy to:

Riverside County Transportation Commission
4080 Lemon Street, Third Floor
P.O. Box 12008
Riverside, CA 92502-2208
Attention: Executive Director
Best, Best & Krieger, LLP
3390 University Ave. 5f1.

Riverside, CA 92501
Attention: Steven C. DeBaun
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Attention: Director of Public Works 1 City Engineer
Attention: City Attorney
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

3.19 Time of Performance. Time is of the essence in the performance of this Agreement.

3.20 Governing Law. This Agreement is in all respects governed by California law and venue for any dispute shall be in Riverside County. 7 17336.00001 \41996306.2

Page 612 of 718 ends

3.21 Insurance. The Parties each verify that they are self -insured or maintain insurance coverage through a Joint Powers Authority in reasonable and customary amounts for their respective operations.

3.22 Authority to Enter into Agreement. Each Party warrants that the individuals who have signed this Cooperative Agreement have the legal power, right and authority to make this Cooperative Agreement and bind each respective Party.

3.23 Counterparts. This Cooperative Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

3.24 Electronically Transmitted Signatures; Electronic Signatures. A manually signed copy of this Cooperative Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Cooperative Agreement for all purposes. This Cooperative Agreement may be signed using an electronic signature.

3.25 Entire Agreement. This Cooperative Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings.

IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement on the date first herein above written. [Signatures on following page]
8 17336.00001 \41996306.2

Page 613 of 718 ends

SIGNATURE PAGE
TO
SR-60/POTRERO BOULEVARD INTERCHANGE PROJECT PLANS,

SPECIFICATIONS, AND ESTIMATES AND RIGHT OF WAY PHASES

COOPERATIVE AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement as of the Effective Date.

RIVERSIDE COUNTY CITY OF BEAUMONT

TRANSPORTATION COMMISSION
By: By:

Anne Mayer, Executive Director
Title:

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Best Best & Krieger LLP
Counsel to RCTC Title:

ATTEST:

By:

Title:
9 17336.00001 \41996306.2

Page 614 of 718 ends

EXHIBIT "A"
PS&E Phase and ROW Phase Cost Estimate Breakdown
RCTC staff/Bechtel/legal support
during PSE and ROW phases
$1,153,000
Right of Way expenses
$4,553,000
Total
$5,706,000
10 17336.00001 \41996306.2

Page 615 of 718 ends

BEAUMONT
- C !� 1 1 0 R "1 A
Staff Report
TO: City Council
FROM: Doug Story, Community Services Director
DATE March 5, 2024
SUBJECT: Approve a Public Works Agreement for the Construction of the Veterans and First Responders Memorial Plaza in an Amount Not to Exceed $1,499,350
Description To award a contract with R Dependable Construction Inc. for construction services for Capital Improvement Projects (CIP) No. P-14 and P-15.

Background and Analysis:

On February 7, 2023, a Professional Services Agreement was executed with Architerra Design Group to provide the landscape architecture and design services, as well as the construction documents for the renovation of the Veterans and First Responders Memorial Plaza at City Hall. Over the next several months the design team met with the Memorial Plaza Committee to create the design and improvement of the existing plaza.

The committee consisted of City staff and community stakeholders such as:
• Mayor Pro Tem Mike Lara
• Anita Worthen
• Jim Lillibridge
• Bob Tinker
• Michael Granada
On January 18, 2024, staff posted a Request for Bids for the renovation of the Veterans and First Responders Memorial Plaza. The new design includes:
• Demolition,
• New hardscape areas around plaza to address accessibility and expansion, • Water features,
• New lighting,
• New landscape and turf,
• New electrical and lighting,
• Relocation of flags,
Page616of718

• Preservation of current memorial monuments,
• Security cameras, and
• Additional seating.

Sealed bids were opened on February 14, 2024, and three (3) responses were received. Staff has reviewed all responses and recommends that the City Council award a Public Works Agreement to R Dependable Construction Inc. in the amount of $1,499,350. The scope and agreement include a deadline to complete the project within 220 days, in time for the 2024 Veterans Day celebration.

Bids Received:

R Dependable Const Inc. - $1,499,350
Oak Tree Engraving and Monuments - $1,575,000
Three Peaks Corp. - $1,584,479
Fiscal Impact:

Funding for this project is allocated through the five-year Capital Improvement Plan (CIP) Fiscal Year 2023-2027.

P-14 Memorial Plaza Project Accounting Summary
Funding Summary
Funding Year
Funding Source
Amount
22/23
General Fund
$1,750,000
Total Project Funding = $1,750,000
Budget Summary
Project Component
Budget
Encumbered
Paid to
Date
Remaining
Budget
Project Management
Preliminary Services
Environmental
Design
Construction
Construction Management
Permits
Equipment
$0
$0
$0
$87,705
$1,662,295
$0
$0
$0
$0
$0
$0
($87,705)
$0
$0
$0
$0
$0
$0
$0
$75,443
$0
$0
$0
$0
$0
$0
$0
$0
$1,662,295
$0
$0
$0
Project Summary Totals
$1,750,000
($87,705)
$75,443
$1,662,295
Page617of718

P-15 Veterans Park and Memorial Plaza Cameras Project Accounting Summary Funding Summary
Funding Year
Funding Source
Amount
22/23
GF
$50,000
Total Project Funding = $50,000
Budget Summary
Project Component
Budget
Encumbered
Paid to
Date
Remaining
Budget
Project Management
Preliminary Services
Environmental
Design
Construction
Construction Management
Permits
Equipment
$0
$0
$0
$0
$50,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$50,000
$0
$0
$0
Project Summary Totals
$50,000
$0
$0
$50,000
The estimated cost to prepare this report is $280.

Recommended Action:

Authorize the Mayor to execute the Public Works Agreement with R Dependable Construction Inc. for the Construction of the Veterans and First Responders Memorial Plaza, and
Authorize Staff to Issue a Purchase Order in the amount of $1,499,350, and Authorize the City Manager to Approve change orders in an Amount Not to Exceed $149,935 for Capital Improvement Projects (CIP) No. P-14 and P-15.

Attachments:

A. R Dependable Construction Inc. Bid
B. Public Works Agreement
C. Levine Act Statement
Page618of718

City of Beaumont
Request for Bid
-CALIFORNIA-

BID FORM
NAME OF BIDDER: R DEPENDABLE CONST INC
Veterans and First Responders
Memorial Plaza, P-14/15
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

P-14115 Veterans and First Responders Memorial Plaza
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following BASE BID TOTAL BID PRICE:

BASE
BID

BASE BID PRICE
(IN WRITTEN FORM)

ONE MILLION FOUR HUNDRED NINETY-NINE THOUSAND THREE HUNDRED F/FTY DOLLARS

BID PRICE
(IN NUMBERS)
$1,499,350.00
TOTAL

BID PRICE

ONE MILLION FOUR HUNDRED N/NETY-NINE THOUSAND THREE HUNDRED FIFTY DOLLARS $1,499,350.00
In case of discrepancy between the written price and the numerical price, the written price shall prevail.
12 Page619of718

City of Beaumont
Request for Bid BEAUMONT
-CALIFORNIA-
Veterans and First Responders
Memorial Plaza, P-14/15

BASE BID

BID SCHEDULE
Veterans and First Responders Memorial Plaza
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/UN
IT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 Mobilization
1 LS
$67,400.00
$67,400.00
2 Demolition
1 LS
$39,274.00
$39,274.00
3 Rough grading
1,502
SF
$10.00
$15,020.00
4 Fine grading
1,502
SF
$5.00
$7,510.00
5 Top Soil + Soil Test + Amendment
42 CY
$200.00
$8,400.00
6 Pot Sump Drains with Brass Drain
10 EA
$1,000.00
$10,000.00
7 Water Feature Sewer Connection
1 Allow
ance
$5,000.00
$5,000.00
8 6" Wide Concrete Header
164
LF
$60.00
$9,840.00
9 N.G.Conc. Paving - 4" Thick w/ Etched
Top -Cast Finish
4,022
SF
$55.00
$221,210.00
10 Lithocrete 4" Thick Banding & Paving
#07-140
762
SF
$177.00
$134,874.00
11 Lithocrete 4" Thick Paving #07-094
646
SF
$179.00
$115,634.00
12 Etched & Stained Mountain Logo
30 SF
$300.00
$9,000.00
13 City Incorporation Date Bronze Inlay
p
1 Allow
ance
$12,600.00
$12,600.00
14 Synthetic Turf
716
S.F
$26.00
$18,616.00
13

Page 620 of 718 ends

City of Beaumont
Request for Bid

BEAUMONT
-CALIFORNIA-
Veterans and First Responders
Memorial Plaza, P-14/15
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/UN
IT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
15 60mm Interlocking Pavers - 4"x8"x2-3/4"
Holland Stone
1,224
S.F.
$80.00
$97, 920.00
16 18" High Block Seatwall w/ Brick Veneer
(1 -side)
38 L.F.
$500.00
$19,000.00
17 18" High Block Seatwall w/ Brick Veneer
(2 -sides)
44 L.F.
$600.00
$26,400.00
18 33" High Block Column w/ Brick Veneer
6 EA.
$5,300.00
$31,800.00
19 33" High Block Column / Flagpole Base
w/ Brick Veneer
4 EA.
$5,800.00
$23,200.00
20 16" High Concrete Clock Base w/ Brick
Veneer
1 EA.
$3,750.00
$3,750.00
21 1 1/2" Tubular Steel Double Handrail
15 LF
$545.00
$8,175.00
22 6' Long Steel Benches wf Armrests
2 EA.
$3,840.00
$7,680.00
23 15' Black Anodized Aluminum Flagpole
2 EA.
$3,950.00
$7,900.00
24 15' Black Anodized Aluminum Flagpole
w/ Eagle top
2 EA
$4,500.00
$9,000.00
25 Historic Clock Restoration and
Reinstallation
1 EA.
$6,000.00
$6,000.00
26 Reset 30 Monuments
1 Allow
ance
$33,200.00
$33,200.00
27 Remake 42 Donor Bricks
1 Allow
ance

$2,450-00
$2,450.00
28 All Earthwork
1 LS
$8,250.00
$8,250.00
29 Underground Plumbing
1 LS
$33,000.00
$33,000.00
30 Underground Conduit
1 LS
$22,300.00
$22,300.00
14

Page 621 of 718 ends

City of Beaumont
Request for Bid

BEAUMONT
-CALIFORNIA-
Veterans and First Responders
Memorial Plaza, P-14/15
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/UN
IT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
31 Water Feature Structure
1 LS
$62,400.00
$62,400.00
32 Prefabricated Equipment Vault
1 LS
$124,500.00
$124,500.00
33 Light Fixtures
1 LS
$8,550.00
$8,550.00
34 Waterproofing
1 LS
$11,880.00
$11,880.00
35 Wall Cap and Stone Veneer
1 LS
$72,585.00
$72,585.00
36 Anti -Vortex Plates
1 LS
$9,315.00
$9,315.00
37 Security Cameras (Future)
1 Allow
ance
$10,000.00
$10,000.00
38 New Cabinet and Sub -Panel
1 EA
$9,000.00
$9,000.00
39 Up Light Fixtures
17 EA
$240.00
$4,080.00
40 Post Top Light Standards
6 EA
$3,400.00
$20,400.00
41 Clock Connection
1 EA
$1,950.00
$1,950.00
42 Dedicated Power Box
1 EA
$2,950.00
$2,950.00
43 Underseat Flex Lighting
1 Allow
ance
$5,650.00
$5,650.00
44 Low Voltage Conduit Raceways
1 Allow
ance
$5,000.00
$5,000.00
45 24" Box Tree
8 EA
$1,000.00
$8,000.00
46 1 Gallon Shrubs
1,005
EA
$30.00
$30,150.00
15

Page 622 of 718 ends

City of Beaumont
Request for Bid

BEAUMONT
-CALIFORNIA-
Veterans and First Responders
Memorial Plaza, P-14/15
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/UN
IT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
47 5 Gallon Shrubs
256
EA
$50.00
$12,800.00
48 5 Gallon Roses
54 EA
$75.00
$4,050.00
49 15 Gallon Shrubs
124
EA
$175.00
$21,700.00
50 24" Box Shrubs
16 EA
$200.00
$3,200.00
51 Sod/Turf Repair
5,422
SF
$9,950.00
$9,950.00
52 3" Shredded Mulch — Hand Placed
5,705
SF
$8,000.00
$8 , 000.00
53 Pots with Accent Planting
10 EA
$650.00
$6,500.00
54 Automatic Irrigation System - Slope
Areas
5,705
SF
$3.00
$17,115.00
55 Landscape Irrigation Mainline — 2"
496
LF
$6.50
$3,224.00
56 Controller and Pedestal
1 Allow
ance
$6,500.00
$6,500.00
57 90 Day Landscape Maintenance Period
1 LS
$5,498.00
$5,498.00
PROJECT BASE BID SUBTOTAL:
$1,499,350.00
16

Page 623 of 718 ends

City of Beaumont
Request for Bid

BEAUMONT
-CALIFORNIA-
Veterans and First Responders
Memorial Plaza, P-14/15
Items include references to specification sections where applicable. Contractor shall verify section and all specifications for bid item. Listed items and references are not intended to provide a complete list of all work included. All specifications and contract documents shall be considered when bidding.

In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.

In case of discrepancy between the written price and the numerical price, the written price shall prevail.
17

Page 624 of 718 ends

Beaumont City CouncilMarch 5, 2024

Beaumont City Council
March 5, 2024